"Though handling subpoenas is nothing new for most publishers, this particular subpoena trend raises unique legal issues and should prompt newsrooms to carefully consider the circumstances in which they will fight to protect information," media lawyer Thomas R. Burke writes in a column now available in the Resource Library. As one of a few examples, he cites the case that both Portland alt-weeklies were embroiled in earlier this year, when an individual took the papers to court to gain an anonymous commenter's information. In that case, a judge ruled that the comment was protected under Oregon's Shield Law. The bottom line, Burke writes, is "that reader comments and postings to news websites are fertile sources of information and consequently, exponentially stronger magnets for subpoenas and litigation."
Former stripper Michelle Peacock was exonerated by a jury of all charges on Tuesday, the Nashville Scene reports. Peacock is seeking at least $25,000 in compensatory and punitive damages from reporter P.J. Tobia, the Scene, and its parent company in a defamation suit over an October 2007 story which cited an arrest report detailing the alleged prostitution.
This summer, a Knoxville homeowners association published a newsletter raising concerns about a local pain clinic. The story, which Metro Pulse later reported on, quoted police sources who claimed that several armed robberies and drug deals took place in the local grocery store parking lot when patients went there to refill their pain meds, which had been prescribed by the clinic, Bearden Healthcare Associates. On Wednesday, the clinic's doctors filed a $20 million lawsuit against the homeowners association, Metro Pulse and the alt-weekly's parent company, claiming libel, slander, and interference with business practices. "We intend to vigorously defend our position in the case, and we are confident that we will prevail when the facts are established," says a statement released by Metro Pulse.
US District Judge Lesley Wells this week dismissed in its entirety a suit brought against the Scene by Dr. Edward Patrick. Patrick had argued that a 2004 article by Thomas Francis falsely suggested his resume was misleading, his medical credentials were not valid, and that his board certification process was fraudulent. The doctor sought compensation for defamation, invasion of privacy by disclosure of private facts, and false light invasion of privacy, all of which were thrown out by the court.
Calling Michelle Peacock's defamation suit "a masterpiece of minimalism," the On Point blog from Courthouse News Service notes that the paper has little to worry about. "[Peacock] won't be able to gloss over the common-law privilege which protects reporters from liability when they fairly and accurately report the information in a public document," On Point reports. "In commenting on Peacock's alleged mid-afternoon handjobs, the Nashville Scene didn't say anything that was not in the police reports. So the privilege clearly applies."
U.S. District Court Judge Susan Bolton this week dismissed some, but not all, of a suit filed in April over the arrests of New Times founders Michael Lacey and Jim Larkin last year. Bolton dismissed the allegations of racketeering and negligence against special prosecutor Dennis Wilenchik and Sheriff Joe Arpaio, in addition to dismissing County Attorney Andrew Thomas entirely as a defendant, New Times reports. However, she left claims of gross negligence, malicious prosecution, and false arrest and imprisonment to be handled by Superior Court, unless facts presented in an amended complaint persuade her otherwise (New Times has until Oct. 31 to file such a complaint). Saying that Bolton's ruling "is not a surprise," Lacey writes in a blog post that "her ruling in the current case is consistent with her scant regard for the First Amendment and the rights of a free press."
The Jacksonville, Fla., alt-weekly first requested a document related to the city's NFL team, the Jaguars, in March 2004. The city initially told Folio that it did not possess the document the paper was requesting, a claim it made repeatedly over the next three years in regards to other football-related documents. Only after the paper spent more than $9,000 on an attorney and threatened legal action did the city finally admit it actually did have the requested documents. Turns out Jacksonville had 25 boxes worth of documents related to the football stadium renovations and the city's bid to host the Super Bowl. "Our quest to obtain the records ended with a small victory -- the city provided many documents and repaid $5,000 of our legal fees," writes Folio's Marvin Edwards. "But it also highlighted the city's contempt for public records laws, and its utter lack of accountability."
New Times filed a complaint in Maricopa County Court on Monday, asking that a judge order Sheriff Joe Arpaio to hand over public records that his office has refused to produce despite public records requests. The paper says the records include video footage of the final moments of an Juan Mendoza Farias' life. Farias, an inmate, died last December after an altercation with 11 jail guards, as the paper reported last month. New Times first filed a request for the video in July, but the paper has been stonewalled. The suit alleges that the withholding "is without merit, speculative, made in bad faith and insufficient as a matter of law to avoid compliance with the Arizona Public Records Law." The sheriff has 20 days to file a legal explanation for not releasing the records.
The Scene and staff writer P.J. Tobia were hit Wednesday with a defamation suit filed by a former stripper in response to a story published last October, the Nashville City Paper reports. Scene parent company City Press LLC, which is owned by Village Voice Media, was also named in the suit. Michelle Peacock alleges that Tobia's representation of her in the article resulted in injury to her character and reputation, and she's seeking at least $25,000 in compensatory and punitive damages. In the story, Tobia cited a police report that stated Peacock twice "offered to manually stimulate (an undercover cop) until ejaculation for $100 U.S. Dollars." According to the suit, Peacock "continues to suffer a diminution in her earnings and earning capacity" since the strip club refused to allow her to continue working there after the Scene story was published.
- Go to the previous page
- 1
- …
- 18
- 19
- 20
- 21
- 22
- 23
- 24
- …
- 48
- Go to the next page
