A federal judge ruled that Republican presidential contender Ron Paul could not force YouTube and Twitter to provide the identities of whoever uploaded videos with a spoof of Ron Paul bashing former candidate Jon Huntsman for being a Chinese agent.

It is unusual for a candidate to sue in these matters given the courts’ tolerance of robust give and take in presidential campaigns, writes Jeff Roberts in paidContent. -db

From a commentary in paidContent, January 26, 2012, by Jeff Roberts.

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In defending themselves from a Kardashian lawsuitover the use of a double in an ad mocking the Kardashian lifestyle, the Gap is contending that the Kardashians have no reputation left to protect, that  they have already sought so much negative publicity that they are libel-proof.

The Kardashians are asking for $15-20 million in damages. -db

From Fox News, January 20 2012, by Jo Piazza.

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The District of Columbia Court of Appeals ruled that a software trade association did not have to disclose the name of an anonymous tipster.

Solers, a software company, had sued the trade association to determine the identity of the tipster who they claimed made a false accusation that the company used unlicensed software. -db

From The Reporters Committee for Freedom of the Press, January 18, 2012, by Haley Behre.

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A Los Angeles media lawyer provides eight strategies for avoiding libel and concludes by saying that retractions and apologies must be done carefully so that you don’t make the situation  worse. -db

From the California Defamation Law Blog, January 17, 2012, by Gordon Firemark.

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The Georgia Supreme Court upheld a ruling in the Richard Jewell defamation suit against The Atlanta Journal-Constitution. Jewell’s survivors sought damages for stories the newspaper ran identifying Jewel as a suspect in the 1996 Olympic Games bombing, hurting his reputation.

The newspaper said they had reported correctly that Jewell was a only a suspect in an ongoing investigation and even questioned the police focus on him. -db

From The Atlanta Journal-Constitution, January 10, 2012, by Andria Simmons.

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Former ball boys for the Syracuse University  who claimed an associate coach molested them filed a lawsuit in a county court against head coach Jim Boeheim for calling the men liars.

Among other things, Boeheim said the men were trying to play on the Penn State scandal to obtain money. -db

From the Courthouse News Service, December 15, 2011, by Adam Klasfeld.

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A federal court of appeals said owners of Dominican Republic sugar cane plantations were public figures, making it more difficult for to prove they were defamed by a documentary film about the harsh treatment of Haitian laborers on the plantations.

To prove defamation, the owners must show that documentary film makers acted with actual malice. -db

From The Reporters Committee for Freedom of the Press, December 13, 2011, by Chris Healy.

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A Minnesota jury found that an ABC affiliate station acted with reckless disregard for the truth and awarded a naturopathic healer $1 million in a defamation suit.

The suit hung on the testimony of one of the healer’s clients that the healer had advised her to stop taking an anti-anxiety medication. The jury found the client’s statements about the advise were false and since the station did not verify them, it had acted with disregard for the truth. -db

From The Reporters Committee for Freedom of the Press, November 8, 2011, by Chris Healy.

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Through his lawyers the Rapper Pitbull struck back at Lindsay Lohan who sued him for defamation for a hit song that mentioned Lohan’s incarceration. Providing a detailed account of her encounters with the law to prove Lohan is a California resident, the lawyers said she did not have standing to sue in Long Island.

Lohan’s defamation complaint contended that since the song had an international impact and over 3 million downloads in the U.S., she could sue anywhere in the country. -db

From the Courthouse News Service, November 8, 2011, by Adam Klasfeld.

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A woman is suing a documentary maker for portraying her as a rapist and prostitute 30 years ago when she followed her fiance to England. The woman said she granted interviews with the filmmakers on the belief that they were making a film on paparazzi.-db

From the Courthouse News Service, November 7, 2011, by Matt Reynolds.

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A policy under consideration by the Seattle School Board would give principals the authority for prior review of high school newspapers and allow a stop to publication if they detected libel, obscenity and violations of the school’s educational mission.

Critics argue that the principal would gain censorship powers and take responsibility for content out of students’ hands with the result that legal liability would rest solely on the administration. -db

From the Seattle Times, November 7, 2011, by Brian M. Rosenthal.

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Two Chicago doctors are suing Google for a review complaining of “facial lumps” after plastic surgery. The doctors want $50 million for damage to their reputation.

The review most likely appeared on Google Place, a site allowing users to rate local businesses and post comments. -db

From paidContent, November 4, 2011, by Jeff Roberts.

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A district judge ruled for the Santa Rosa Press Democrat in a suit that claimed the newsaper had defamed a woman by calling her a “serial squatter” and a “tenant from hell.”

The judge said the newspaper used court records correctly in portraying the woman. -db

From the SF Weekly, October 26, 2011, by Ellen Huet.

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A prosecutor alleged that the Salt Lake Tribune libeled her in a report accusing her of making racially charged remarks about a candidate for district attorney. She was demoted before the Tribune acknowledged that the accusations were not true.

The prosecutor said the article was written to promote a Democratic candidate over the Republican incumbent in the race for district attorney. -db

From the Courthouse News Service, October 27, 2011, by Jonny Bonner.

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An ex-Marine and former employee of a private security firm in Iraq is suing reporter Steve Fainaru for defamation in the book, “Big Boy Rules” about mercenaries in Iraq. The man claims Fainaru called him “a sadistic killing machine” and libeled him with a number of false statements including some about his  lack of care with firearms and excessive drinking.

Fainaru, then a Washington Post reporter,  won the Pulitzer for international reporting in 2008 for a series of articles on Triple Canopy, Blackwater and and other mercenary firms in Iraq. -db

From the Courthouse News Service, October 19, 2011, by Kevin Koeninger.

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In an unprecedented case in Oregon, a doctor is suing a blogger for stating incorrectly on Twitter that the doctor lost his medical license and his right to practice.

In fact, the doctor was reprimanded for allegedly touching a female patient inappropriately and required to have a chaperone present when treating female patients. -db

From a commentary in the Seattle Weekly, October 11, 2011, by Curtis Cartier.

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NFL football player Chad Ochocinco’s fiance is suing the website Media Take Out for an article that says she cheated on Ochocinco with his friend NFL player Terrell Owens.

The webisite also said she was quitting the reality show “Basketball Wives” because she was “knocked up” and wanted to become a “full-time mom.” -db

From Courthouse News Service, October 5, 2011, by Marimer Matos.

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A California appeals court ruled that the Korean Broadcasting System had not defamed Yuin University in statements that it was a “degree factory.”

A judge wrote that “since the ‘degree factory’ statement was cautiously phrased in terms of apparency, the statement is less likely to be reasonably understood as a statement of fact rather than opinion” and hence protected speech. -db

From the Metropolitan News-Enterprise, October 6, 201, by Sherri M. Okamoto.

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Former Alaskan Governor and GOP vice-presidential candidate Sarah Palin has threatened to sue Random House and author Joe McGinniss for false statements in an unauthorized biography, “The Rogue.”

But lawyers specializing in libel say that as a public figure, Palin will have to meet the actual malice standard, showing  that McGinniss had malicious intent in publishing false statements. -db

From an analysis for ABC, September 28, 2011, by Shushannah Walshe.

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A Miami company that delivers meals has sued Yelp for defamation claiming Yelp showed negative reviews before positive ones.

One legal expert thinks the company, YS Catering, does not have a strong case since the Federal Communications Decency Act exempts online service companies from defamation claims based on users’ posts. -db

From MediaPost, September 26, 2011, by Wendy Davis.

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The Minnesota District Court has upheld a $60,000 claim against a blogger who posted truthful information about a man that contributed to the man’s losing his job.The court ruled that the blogger had interfered with the man’s contractual arrangements with his employer.

Itai Maytal argues for the Citizen Media Law Project, “The Supreme Court has made clear that otherwise protected speech does not lose its protection even if it leads to economic harm or interferes with contractual relationships.” -db

From a commentary for the Citizen Media Law Project, September 12, 2011, by Itai Maytal.

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A meter reader who found the body of Caylee Anthony is suing the National Enquirer for their article headlined, “Mater Ready Killed Caylee.” The man, Ray Kronk, was never charged in the crime while Calee Anthony’s mother Casey was indicted and found innocent by a jury this year.

Kronk said he was a private figure and in reporting the body to authorities was doing what any good citizen should do. -db

From the Courthouse News Service, September 02, 2011, by Deshayla Strachan.

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Megabuck libel suits filed by and against celebrities are burgeoning despite the low success rate, the huge lawyer fees and the bad publicity that inevitably arises from the additional attention brought by the lawsuits (Streisand effect).

In a commentary in The Hollywood Reporter, Eriq Gardner suggests that a saner approach might be to play down monetary remedies in favor of other ways to repair reputations including using the social media. -db

From a commentary in The Hollywood Reporter, August 23, 2011, by Eriq Gardner.

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A New York trial court ruled that merely stating that three imams had worked in the state prisons where four suspected Muslim terrorists were incarcerated was not a factual assertion that accused the imams of radicalizing the suspects. The court ruled that the New York Post article containing the statement had not libeled the imams.

Law blogger Eugene Volokh cites Restatement (Second) of Torts § 566 that provides an illustration of a series of factual statements providing  a basis for an opinion that with supportive details would not be considered libelous. Volokh said the Post article fit the illustration. -db

From a commentary in The Volokh Conspiracy, August 23, 2011, by Eugene Volokh.

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Lindsay Lohan is suing the rapper Pitbull and associates for mentioning her arrest record in his hit, “Give Me Everything.” The song goes “he’s got it locked up, like Lindsay Lohan.” Given her rap sheet, that seems like an innocuous reference, but Lohan claims the song released March 18 has injured her career and caused her grievous emotional distress.

You would think Lohan damaged any claims to privacy by repeatedly drawing attention to herself with illegal acts, but she says Pitbull violated her privacy by using her name without permission. She wants all copies of the song turned over to her or destroyed and to enjoin the defendants from ever performing the song again. -db

From the Courthouse News Service, August 23, 2011, by Liz Potocsnak.

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A North Carolina court dismissed a libel suit against an Indian television network for reporting rumors that a man pushed his pregnant wife out of a moving car. The fight grew out of a dispute over a dowry.

The husband claimed that his wife had suffered brain injuries when he rolled his car after he was cut off on the freeway. His wife’s family told the Indian press the story about their daughter getting shoved out the door.

The judge said the TV network need a respite so it could mount a defense from that distance. -db

From the Courthouse News Service, August 22, 2011, by Jeff D. Gorman.

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A former insurance executive is suing former New York Governor Eliot Spitzer for a column in Slate.com on an insurance bid-rigging scandal that said the man was guilt of crimes. In fact, the executive’s conviction was thrown out of court before the column was published.

The executive, William Gilman, said Spitzer was acting out of “actual malice” and that even if Spitzer never used his name, he was easily identified as the one in the libelous remarks. The complaint read, “Marsh’s [the insurance company's] behavior was a blatant abuse of law and market power: price-fixing, bid-rigging and kickbacks all designed to harm their customers and the market while Marsh and its employees pocketed the increased fees and kickbacks.” -db

From Reuters, August 22, 2011, by Jonathan Stempel.

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Fashion designer Oleg Cassini’s widow, Marianne Nestor-Cassini,  alleges that Vanity Fair defamed her in a September article and is asking $10 million in damages from Conde Nast Publications.

The complaint read that Nestor-Cassini tried to correct the record even before the article was published , “Upon becoming aware of the innuendos being made to plaintiff’s contacts and reporting statements being made that were slanderous, libelous and inaccurate. Marianne personally called the office of Vanity Fair to report this improper and damaging ‘reporting’.” Nestor-Cassini said her calls were ignored. -db

From the Courthouse News Service, August 8, 2011, by Liz Potocsnak.

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Contrary to common-held belief that Tweets are ephemeral and not subject to libel law, statements on Twitter are fair game for libel suits say legal experts. So far there have been few suits, but as public use and awareness of Twitter increases, libel cases are expected to increase.

So far observers could only come up with one case of Twitter defamation and the press. “Earlier this year, NBA referee Bill Spooner sued the AP after sportswriter Jon Krawczynski tweeted that Spooner was calling fouls to compensate for bad calls. Spooner, who considered the tweet defamatory, asked the court for more than $75,000 in damages and requested a court order to delete the tweet. AP Spokesman Paul Colford said only, the ‘case is in litigation,’” writes Mallary Jean Tenore for The Poynter Institute.

From a commentary for The Poynter Institute, August 8, 2011, by Mallary Jean Tenore.

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Country singer Mindy McCready filed a lawsuit against the National Enquirer alleging that it published false statements about her and her custody fight for her five-year-old son.

Writes Tim Kenneally in The Wrap, “In the suit, McCready (born Malinda Gayle McCready) cites a June 2011 article published first on the Enquirer’s website and then in the print edition, which claimed, among other things, that McCready had failed eight court-ordered drug tests, had failed to show up at a custody hearing for Zander [her son] and is under the influence of drugs and alcohol.” -db

From The Wrap, August 5, 2011, by Tim Kenneally with contributions from Pamela Chelin.

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A flight attendant who worked on Arnold Schwarzenegger’s private jet is suing Gawker Media, the National Enquirer and the Daily Mail for articles saying she had a child with the former governor.

The articles began in 2003 in the National Enquirer with an assertion that the attendant told friends that Schwarzenegger was the father of her then 11-year-old child. She is seeking $10 million in damages. -db

From the Courthouse News Service, August 4, 2011, by Liz Potocsnak.

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United Students Association that places Chinese students in private Christian school is suing a school in Oregon for abandoning its contract and libeling the recruiter, costing the Texas corporation in revenue and reputation.

The complaint reads that the Salem Academy reneged on its contract to take 15 students then sent  ”a number of false and defamatory emails to other schools that went on the China trip, all aimed at impugning the credibility of USA Program…. Ultimately, Salem Academy and every other school refused to sign up any students from the trip.” -db

From the Courthouse News Service, August 02, 2011, by Nick McCann.

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A Massachusetts woman, Nancy Shay, claims that Barbara Walters defamed her by lying about her relationship with Walters’ adopted daughter in 1983 in Walters’ recently published, Audition: A Memoir.

Shay’s lawyer alleges in a  court memorandum, “Barbara Walters used her influence and power to have Plaintiff Nancy Shay expelled from the Wykeham Rise School, when the Plaintiff was about 16 years of age. This interference was motivated by Defendant’s desire to end a relationship the Plaintiff was having with Jackie Guber, Walters’ adopted daughter.” -db

From The Hollywood Reporter, July 26, 2011, by Eriq Gardner.

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The Georgia Court of Appeals ruled that The Atlanta Journal-Constitution did not libel Richard Jewell, the security guard, who notified authorities about an anonymous call warning of an impending bomb blast that killed two and injured 100 some people. Jewell’s prompt action resulted in an evacuation that saved lives.

The newspaper reported that the FBI was investigating whether Jewell had been the one to place the call warning of the bomb. Jewell was cleared of the charges and then sued the newspaper for libel. -db

From The Reporters Committee for Freedom of the Press, July 27, 2011, by Clara Hogan.

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A federal appeals court in Denver dismissed a defamation lawsuit against A&E Television Networks for referring to an inmate as a member of the Aryan Brotherhood gang when he had only helped the gang. He subsequently received death threats from other prison gangs.

The court found the A&E program defamatory but substantially true so protected against a suit,  “Comparing the challenged defamatory statement (membership in the Aryan Brotherhood) to the truth (conspiring with and aiding and abetting the Aryan Brotherhood), we cannot see how any juror could find the difference to be a material one — that is, likely to cause a reasonable member of the general public to think significantly less favorably of Mr. Bustos [the inmate].” -db

From The Reporters Committee for Freedom of the Press, July 25, 2011, by Clara Hogan.

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An art authenticator is suing The New Yorker magazine for an investigative article that he claims defamed him. Peter Paul Biro said the article contained false statements and omitted important information showing the value of his methods of authenticating art works through fingerprints.

The complaint read, “Through selective omission, innuendo and malicious sarcasm, the article paints a portrait of plaintiff which has no bases in reality, and which has been highly damaging to his [Biro's]reputation.”

From the Courthouse News Service, July 1, 2011, by Iulia Flip.

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Even though the operator of the Dirty World website made derogatory comments about a woman, a federal judge in Arizona ruled that the site is not liable for invasion of privacy.

The judge applied Missouri privacy law since the woman resided there reasoned that there was no valid claim for public disclosure of private facts because Dirty World LLC did not reveal any private truths since the comments were fabrications according to the woman. -db

From the First Amendment Center, June 7, 2011, by David L. Hudson Jr.

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A California court of appeals ruled that when a talk show commentator reported that a former high school principal used school resources to sell ads for a gay magazine, he was exempt from libel charges under a state laws that protects journalists reporting on government matters.

The former principal had had earlier lost a ruling in trial court on his claim under the anti-SLAPP law. The appeals court also found that the principal was a public figure and the matter was of concern to the public. -db

From The Reporters Committee for Freedom of the Press, June 6, 2011, by Aaron Mackey.

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A federal district judge ruled that a Colorado prosecutor could not order the police to search the home of the mother of a blogger who a professor said had libeled him in satirical online postings.

The court noted that since the postings were satirical it was not reasonable that people would see them as truth so the professor could not have been libeled. -db

From The Reporters Committee for Freedom of the Press, June 3, 2011, by Aaron Mackey.

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Celebrity Courtney Love asked the law firm Gordon & Holmes to help her recover money and property allegedly stolen from her late husband’s estate. The firm agreed to represent her conditional on her remaining sober during their client-attorney relationship.

When the firm subsequently refused to represent her, they claim Love became angry and sent a tweet that would be read by millions, causing harm to the reputation of the firm.

From the Courthouse News Service, May 27, 2011, by Robert Kahn.

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