Podcast: The Briefing - Is Linda Fairstein’s Portrayal in Netflix’s “When They See Us” Fair?
The Briefing: Is Linda Fairstein’s Portrayal in Netflix’s “When They See Us” Fair?
Podcast - The Briefing by the IP Law Blog: Defamation by Docudrama – Inventing Anna
The Briefing by the IP Law Blog: Defamation by Docudrama – Inventing Anna
Law Brief®: Joel Rosner and Richard Schoenstein Discuss Palin vs. The Times
Podcast: The Briefing from the IP Law Blog - Trouble in House of Gucci: Does the Family Have a Claim Following Release of New Film?
The Briefing from the IP Law Blog - Trouble in House of Gucci: Does the Family Have a Claim Following Release of New Film?
The Briefing by the IP Law Blog: “Inspired By” Characters – Defamation Lawsuit Part II
Blogging for Lawyers
Defamation, in general, is designed to provide individuals with a remedy for false statements that harm their reputation. The level of fault you have to prove against the speaker of the defamatory statement varies depending...more
Former New York prosecutor Linda Fairstein is suing Netflix over her portrayal in the limited series “When They See Us,” which tells the story of the 1989 Central Park jogger case. Scott Hervey and Tara Sattler discuss this...more
Superior Court of California, County of Los Angeles - In this asbestos action, the court considered various defense motions. Defendant Western Auto Supply company filed a request opposing punitive damages, arguing...more
The future appears bright (or at least brighter) for the Supreme Court's seminal decision New York Times v. Sullivan, 376 U.S. 254 (1964), after six Justices endorsed its core principles in a recent decision involving the...more
Summary - An opinion about a category of unprotected speech called “true threats” sheds light on how a majority of the justices may view New York Times v. Sullivan, a key defamation case. It also resolves a split over the...more
In 2022 and early 2023, voting machine companies and the parents of school shooting victims won a string of court rulings against the media companies and personalities that had allegedly spread defamatory, viral lies about...more
Public figures are fighting back against fake news. In the most recent headline from the world of celebrity defamation cases, E. Jean Carroll is suing former President Trump for statements he made after she accused him...more
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a defamation dispute between Rachel Williams – a victim of con artist Anna Sorokin – and Netflix, over her portrayal in the docudrama...more
Are North Carolina Courts Chipping Away at Public Official Immunity? For years, police officers and other public officials in North Carolina have enjoyed the protections of public official immunity when charged or sued...more
This week, the Ninth Circuit addresses the First Amendment “limited-purpose public figure” doctrine in the context of a charitable organization’s fundraising activities. The Court holds that charitable organizations...more
Former Alaska Governor and Vice Presidential candidate Sarah Palin recently lost the trial of her defamation case against The New York Times. Given the complexity of the legal issues and the unusual events at trial, a messy...more
On the latest Law Brief® episode, Host Rich Schoenstein is joined by litigator Joel Rosner to talk about the trial of Sarah Palin's defamation case against the New York Times, which is scheduled to start this week. Law...more
In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo say family members behind the fashion powerhouse Gucci may take legal action following the release of the film, House of Gucci....more
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. We hope you...more
This article discusses Business Disparagement under Texas law. This article does not discuss the tort of defamation or slander of title. Although similar to defamation or slander of title, the false assertion in a business...more
A developer established a probability of prevailing on its claims for malicious prosecution where the evidence showed that the neighboring owner lacked probable cause for pursuing CEQA litigation and acted with malice....more
In this two-part episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Josh Escovedo discuss defamation lawsuits in movies and TV that deal with "Inspired By" characters. The IP law blog is a publication of...more
Employers understand they have an obligation to investigate complaints of workplace misconduct. However, communications made during internal investigations are not totally without risk....more
The most elusive of legal creatures, a "libel-proof" plaintiff, has been found in New York City. And it's Lenny Dykstra—the bad boy of baseball. Former New York Mets slugger Dykstra—whose misdeeds on and off the field are...more
In a precedential decision issued on April 14, the U.S. Court of Appeals for the Third Circuit affirmed dismissal of defamation and false light invasion of privacy claims brought against Newsweek by a politically active minor...more
A federal appeals court reversed dismissal of a claim against a barbeque restaurant franchisor. The court found that, despite having signed releases in favor of the franchisor, a former franchisee had valid claims for...more
Plaintiffs in civil litigation often seek punitive or exemplary damages. “Exemplary damages” means any damages awarded as a penalty or by way of punishment but not for compensatory purposes....more