News & Analysis as of

Appeals Libel

Haight Brown & Bonesteel LLP

California Court of Appeal Affirms Trial Court’s Denial of anti-SLAPP Motion in Dispute Over Construction of Church Facilities

On February 28, 2023, the California Fourth District Court of Appeal, Division One, issued an opinion in Billauer v. Escobar-Eck (D079835), affirming the trial court’s denial of an anti-SLAPP motion stemming from a public...more

Miller Canfield

Ohio Court of Appeals Affirms $30 Million Libel Verdict Against Oberlin College

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The Ohio Court of Appeals affirmed a judgment in excess of $30,000,000 against Oberlin College, holding that Oberlin was responsible for libelous statements made during the course of a student protest. Gibson Bros., Inc. v....more

McDermott Will & Emery

Agreement to One Is Not Consent to All

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Addressing a myriad of issues involving unauthorized use of professional models’ photographs for gentlemen’s clubs’ promotional materials, the US Court of Appeals for the Second Circuit held that the district court erred in...more

White & Case LLP

The meaning of "serious harm": the Supreme Court in Lachaux v Independent Print

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The increasing accessibility of digital media has enabled businesses to become not only readers, but also publishers of their own information and opinions. This in turn requires due consideration of the limits of what can,...more

BCLP

Online Review Website Cannot Be Forced To Remove Defamatory Posts

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The California Supreme Court ruled that an online publisher cannot not be forced by a court to remove a third-party post that was judicially determined to be defamatory. The 4-3 ruling by the California Supreme Court, issued...more

Fisher Phillips

Spokeo Speedwagon: Employers Forced To Take Privacy Breach Cases On The Run

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By now, most everyone has heard it from a friend who, heard it from a friend who, heard it from another about the U.S. Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins. It is the case being cited across the country in...more

Proskauer - California Employment Law

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

Stoel Rives - World of Employment

California Court of Appeal Puts a Small Crack in the Glass Door

An employer who unfairly and inaccurately is slammed by a former employee (or maybe even a current employee!) on a job-posting or employer-rating website will often look to its lawyer for help. Surely the law protects...more

Dorsey & Whitney LLP

Yelp! Negative Online Consumer Review Protected as Opinion, Not Actionable Libel

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We have discussed here before new federal legislative protections that are in place to give consumers wide latitude to post online reviews of businesses, whether they be good or bad. A recent decision of the Appellate...more

Jackson Walker

Texas Supreme Court Rules in Favor of Jackson Walker Media Clients in Important Free Speech Case

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Houston partner John K. Edwards argued before the Texas Supreme Court in September 2016 on behalf of a newspaper and reporter in an important libel case that started in 2003 concerning an article published in a Fort Bend...more

Jackson Walker

John Edwards argues before the Texas Supreme Court on important libel case that started in 2003

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Houston partner John K. Edwards recently argued before the Texas Supreme Court on behalf of a newspaper and reporter in an important libel case that started in 2003 concerning an article published in a Fort Bend County...more

Jackson Walker

Sex and the Stock Photo*

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Despite the high heat of summer, two federal courts have blown a chill wind through the law of online defamation. The courts gave the green light to libel suits over alleged implications from stock or file photos illustrating...more

Allen Matkins

Is “Whistle-Blow” A Bad Word?

Allen Matkins on

John Doe 2 v. Superior Court, 2016 Cal. App. LEXIS 635 (Cal. Ct. App. 2016)If someone send an email stating that they hope that they might whistle-blow on you, have you been libeled? Los Angeles County Superior Court Judge...more

Kelley Drye & Warren LLP

That’s TheWrap: A Change In California Law To Protect Online Media Publications

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A dispute involving an online media publisher has prompted California’s Legislature and Governor Jerry Brown to revise California’s libel law, in an effort to protect such publishers. California’s Civil Code Section 48a...more

Jackson Walker

Texas Web Publishers Earn Novel Protection Against Stale Lawsuits

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In a case of first impression for a state appellate court, a Texas broadcaster was protected against a stale libel suit arising from a news report posted to the Internet. ...more

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