69 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,174 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
New York Times Co. v. Sullivan
376 U.S. 254 (1964) Cited 6,910 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
Milkovich v. Lorain Journal
497 U.S. 1 (1990) Cited 1,704 times 13 Legal Analyses
Holding that statement of "opinion" reasonably implying false and defamatory facts is subject to same culpability requirements as statement of facts
Herbert v. Lando
441 U.S. 153 (1979) Cited 1,587 times 1 Legal Analyses
Holding that the relevancy of deposing a defendant publisher in a defamation case about his conduct and mental state could "hardly be doubted" even if the defendant was unlikely to admit to liable conduct in the deposition
Harte-Hanks Communications v. Connaughton
491 U.S. 657 (1989) Cited 909 times 4 Legal Analyses
Holding that the standard for "reckless disregard" for the truth in a defamation action by a public figure "is a subjective one," requiring that "the defendant in fact entertained serious doubts as to the truth of his publication," or that "the defendant actually had a high degree of awareness of . . . probable falsity"
St. Amant v. Thompson
390 U.S. 727 (1968) Cited 1,769 times 2 Legal Analyses
Holding that to show actual malice, plaintiff must show "high degree of awareness of probably falsity"
Philadelphia Newspapers, Inc. v. Hepps
475 U.S. 767 (1986) Cited 689 times 1 Legal Analyses
Holding that where plaintiff is a private figure and newspaper articles are a matter of public concern, there is a "constitutional requirement that the plaintiff bear the burden of showing falsity, as well as fault, before recovering damages"
Garrison v. Louisiana
379 U.S. 64 (1964) Cited 1,453 times 3 Legal Analyses
Holding that Louisiana's criminal libel law was not “narrowly drawn” because it did not require a finding of “clear and present danger” and was not limited “to speech calculated to cause breaches of the peace”
Rushford v. New Yorker Magazine, Inc.
846 F.2d 249 (4th Cir. 1988) Cited 879 times
Holding that the First Amendment right of access applies to a summary judgment motion in a civil case
Biro v. Condé Nast, of Advance Magazine Publishers Inc.
807 F.3d 541 (2d Cir. 2015) Cited 296 times 5 Legal Analyses
Holding that facts supporting actual malice must be pleaded by a plaintiff who is a limited public figure
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,681 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Fed. R. Civ. P. 37 Cited 45,899 times 319 Legal Analyses
Holding that a party may be barred from using a witness if it fails to disclose the witness
Section 1404 - Change of venue
28 U.S.C. § 1404 Cited 28,363 times 184 Legal Analyses
Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
Rule 1002 - Requirement of the Original
Fed. R. Evid. 1002 Cited 1,097 times 8 Legal Analyses
Stating that "[t]o prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required"
Rule 1004 - Admissibility of Other Evidence of Content
Fed. R. Evid. 1004 Cited 480 times 7 Legal Analyses
Allowing other evidence of an original if the original is lost or destroyed or can't be obtained by judicial process

Montgomery v. Risen et al

69 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

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 statement of "opinion" reasonably implying false and defamatory facts is subject to same culpability requirements as statement of facts

Holding that the relevancy of deposing a defendant publisher in a defamation case about his conduct and mental state could "hardly be doubted" even if the defendant was unlikely to admit to liable conduct in the deposition

Holding that to show actual malice, plaintiff must show "high degree of awareness of probably falsity"

Holding that where plaintiff is a private figure and newspaper articles are a matter of public concern, there is a "constitutional requirement that the plaintiff bear the burden of showing falsity, as well as fault, before recovering damages"

Holding that Louisiana's criminal libel law was not “narrowly drawn” because it did not require a finding of “clear and present danger” and was not limited “to speech calculated to cause breaches of the peace”

Holding that the First Amendment right of access applies to a summary judgment motion in a civil case

Holding that facts supporting actual malice must be pleaded by a plaintiff who is a limited public figure

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Holding that a party may be barred from using a witness if it fails to disclose the witness

Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

Stating that "[t]o prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required"

Allowing other evidence of an original if the original is lost or destroyed or can't be obtained by judicial process