False Light

News & Analysis as of

Blake Shelton Says Magazine Wrong About Rehab & Survives Anti-SLAPP Motion

Last year, country music superstar Blake Shelton filed suit in federal court against the creators and publishers of In Touch Weekly, bringing claims of libel per se and false light invasion of privacy after the magazine...more

DC Court of Appeals Affirms February 2012 Denial of Anti-SLAPP Motion in Newmyer v. Huntington

Waaaaaaay back in early 2012, after a defendant (Huntington) filed a counterclaim against a plaintiff (Newmyer) for defamation, false light and related torts, Newmyer responded by filing an anti-SLAPP motion. Newmyer’s...more

Ninth Circuit Finds First Amendment Protects Against Right Of Publicity Claim Involving Film “The Hurt Locker”

The Ninth Circuit has confirmed that right of publicity claims purporting to arise from expressive works, like films, are content-based restrictions on speech that are presumptively unconstitutional, and generally should not...more

Sarver v. Chartier (USCA, Ninth Circuit, February 17, 2016 )

Ninth Circuit affirms district court’s dismissal of Army sergeant’s lawsuit alleging that main character in film “The Hurt Locker” was based on his experiences without his consent, holding that film spoke to issues of public...more

Erasure Laws Don’t Equal Right to be Forgotten

We have previously blogged about the “right to be forgotten,” which has gained a substantial foothold in Europe, and which one nonprofit consumer group has urged the Federal Trade Commission to adopt. While that “right”...more

June Court Decision Round-Up

JDS Technologies, Inc. v. Avigilon USA Corp., Case No. 15-10385, 2015 WL 3603525 (E.D. Mich. June 5, 2015) - U.S. District Judge Avern Cohn denied Avigilon’s motion to dismiss for failing to adequately plead allegations...more

10 Business-Related Torts to Master

If you handle business litigation matters, you need to be fluent in the most common business-related torts and their elements so you can spot the issues immediately—to either allege them or defend against them. Don’t feel...more

Third Circuit Attempts to Untangle Defamation and False Light Invasion of Privacy

CaptureIn Graboff v. American Academy of Orthopedic Surgeons, the Eastern District of Pennsylvania found that the defendant’s statement was not defamatory but was a false light invasion of privacy (“false light”). The...more

Weekly Law Resume - January 2014: Defamation – Plaintiffs Limited To Recovery of Special Damages Based on Failure To Demand a...

Deepak Kalpoe, et al. v. The Superior Court of Los Angeles County - Court Of Appeal, Second Appellate District (December 17, 2013) - In lawsuits for libel or defamation against certain publications and broadcasters,...more

Angry Facebook Posts and Tweets by Passenger about an Airport Employee Considered Expression of Frustration and Therefore not...

Twitter, Facebook and other social networking sites have become the latest battleground between two often conflicting legal concepts: the right of a person to speak freely, even in a vitriolic way, versus the right of another...more

Farah v. Esquire: a Primer

I have previously blogged about the panel that will be hearing the Farah v. Esquire appeal on October 3. Here’s a brief summary on the relevant background facts, the proceedings in the district court and the pertinent issues...more

Football & Free Speech: Third Circuit Vidgame Decision Has Broader Implications for Reality-Based Works

42, 127 Hours, Act of Valor, Argo, Dolphin Tale, Fair Game, Green Zone, I Love You Philip Morris, Moneyball, People Like Us, Sanctum, Secretariat, Soul Surfer, The Bling Ring, The Fighter, The Runaways, The Whistleblower,...more

When "Peer Review" Has Ulterior Motives

A federal judge this week upheld a jury verdict against the American Academy of Orthopedic Surgeons, finding sufficient evidence for the jury's decision that the AAOS acted with "reckless disregard for the truth" in...more

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