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Book Publisher - Defamation and Libel
A small publishing house was sued for defamation and libel when an advertisement describing one
of the publisher's books suggested the plaintiff was connected to organized crime. The defamation
judgment against the publishing house was over $1 million , and the publishing house, which did not
have libel insurance, declared bankruptcy after the plaintiff moved to collect the judgment by
seizing the publisher's entire inventory.
Newspaper Publisher - Breach of Contract and Breach of Fiduciary Duty
In the course of investigating a story about undercover police activity, a newspaper
obtained photographs of undercover officers. The newspaper allegedly agreed with the
source of this material that the photographs would not be published in a manner that would
identify the officers. The newspaper subsequently published the photographs along with its
story, and several of the undercover officers were identifiable. The officers and their
families brought suit against the newspaper, alleging, among other causes of action, breach
of contract and breach of fiduciary duty. The case
was settled before the trial for an
undisclosed amount.
Television - Negligence
A distraught and armed man barricaded himself in his house and threatened violence
unless his demands were met. A television news reporter called the man's home and
recorded a telephone interview with the man, who vowed not to surrender and said this
would be his "final stand." The reporter told the man that the interview would be aired
on the six o'clock news. Shortly after the interview aired, the man committed suicide.
The man's widow sued the television station for wrongful death, arguing that the television
station was negligent in airing the interview. The state's Supreme
Court upheld the claim
and sent the case back to trial.
Newspaper Publisher - Breach of Fiduciary Duty and Fraud
A news organization, pursuing a story about deceptive practices and health code violations
at a supermarket chain, had news reporters pose as store employees. The "employees," wearing
hidden cameras and microphones, uncovered an array of violations, and the news organization
aired the secretly taped footage. The supermarket sued, not for libel or invasion of privacy,
but rather on grounds of breach of fiduciary duty and fraud. After a lengthy trial, a jury
found for the supermarket and imposed damages,
including punitive damages of $5.5 million.
Advertising Agency - Copyright Infringement
An advertising agency was sued for copyright infringement concerning music that was used in
a television commercial produced for its client. Although the music in the commercial was an
original composition, a few notes of the music sounded similar to a rock band's song. The
plaintiffs claimed that they had attained worldwide fame for their musical and artistic
integrity, and that they had resisted any commercial use of their songs. The case
was settled before trial for
a very large amount.
Radio Broadcaster - Public Disclosure
A radio station was sued for a newscast that indicated that the plaintiff, a police officer,
apparently had a bad reputation as a police officer. The plaintiff had been involved in the
shooting of a suspect. The report indicated that he had a poor record within the police
department and was in the process of being fired. The report was based on internal records
of the police department, which were not public records. After a long history in the courts,
the case was eventually settled by a
payment to the plaintiff of a fairly moderate amount.
Legal defense fees were
substantial.
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