MEMORANDUM OF LAW in Opposition re: 1 MOTION to Compel Non-Party New York Media LLC to Produce Materials responsive to the Subpoena. Other Court Name: USDC-DM. Other Court Case Number: 14CV30211
376 U.S. 254 (1964) Cited 6,996 times 36 Legal Analyses
Holding that a public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice
Holding that nonconfidential materials are protected under the journalist's privilege because there is a "broader concern for the potential harm to the 'paramount public interest in the maintenance of a vigorous, aggressive and independent press'" (quoting Baker, 470 F.2d at 782)
Holding that res judicata did not apply to a second set of subpoenas that were "plainly narrower" than an earlier set of subpoenas that had been quashed for being overly broad and burdensome and therefore the "two sets of subpoenas are significantly different" for purposes of preclusion
Affirming holding that Shield Law applied to "unpublished details of the newsgathering process," such as who made calls and interviewed particular sources, techniques for the reporters' investigation, and the backgrounds of the coauthors and editorial staff
In Krase v. Graco Children Prods., Inc., 79 F.3d 346 (2d Cir. 1996), we again confronted a journalist's claim of privilege for nonconfidential material when a defendant in a products liability lawsuit sought to compel disclosure of certain NBC Dateline outtakes it deemed relevant to its case.
235 A.D.2d 907 (N.Y. App. Div. 1997) Cited 19 times
In Flynn, 235 AD2d at 909, the civil "plaintiff simply stated that the materials were 'critical' to his claim without setting forth any analysis in support thereof."
Fed. R. Civ. P. 45 Cited 17,363 times 112 Legal Analyses
Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"