Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:For those of us who are not as interested in Perez Hilton and Daily Mail, some new case docs:
Leslie Sloane/Vision PR memo in support of their MTF and responding to Wayfarer's last motion:
https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.126.0.pdf
Wayfarer's response to NYT MTD:
https://storage.courtlistener.com/recap/gov.uscourts.nysd.634304/gov.uscourts.nysd.634304.127.0.pdf
Oof, the response to NYT MTD is baaaaaaaaaad. Have not read all the way through but they are barely trying to refute the arguments on the merits, mostly just asking to replead to resolve the group pleading issue. Why didn't they put that argument up top?
It's worse than their response to Sloane's MTD, which was also not good.
Couldn’t disagree more. Did you actually read it? First, the Wayfarer parties rightfully highlight that an MTD is premature because the court first needs to determine if CA or NY law applies. Second, they highlight that the case law allows for a group pleading of this kind and also explain that they need discovery to clearly separate out each defendant’s specific role in the broader conspiracy. Third they highlight that the NYT article goes far beyond the CRD in its assertions and therefore does not qualify for fair reporting privilege.
I'm surprised choice of law is such an issue. Surely NYT has been sued in NY federal court before by people who live in California or other states. There should be clear precedent.
The big issue is CA law leans more in favor of the injured party and NY has more press protections. Like I think false light can’t even been claimed in NY. The Wayfarer parties want CA law to apply for obvious reasons and everyone else wants NY law to be applied. The only case for NY law applying is that the NYT is based there. However, BF points out that most of the parties live in CA, work in CA, their reputations are most important in Hollywood which undeniably centers around CA, and the injury will be most felt in CA. He also points out that the CRD complaint the NYT claims gives them fair reporting privilege was filed in CA. The movie was filmed in New Jersey. So I think he makes a really good case the CA has the most interest in the case. If choice of law goes NY, that helps the Reynolds parties a lot.