The Reach of the Communications Decency Act’s “Good Samaritan” Clause
Posted: March 27, 2015 Filed under: Commercial Litigation, Firearms Defense | Tags: Communications Decency Act, District of New Jersey, Federal Court, Good Samaritan Clause, Judge Simandle, Muzzleloader, Second Circuit Leave a commentTwo recent local cases, one from the Second Circuit and one from the District of New Jersey, serve as reminders regarding the reach of the “Good Samaritan” clause of the Communications Decency Act (“CDA”) and demonstrate that the CDA is a powerful defense against tort claims brought against operators of websites. Read the rest of this entry »
Sleeping Yankee Fan Strikes Out With Lawsuit Against ESPN
Posted: July 16, 2014 Filed under: General Liability | Tags: Andrew Rector, Bronx County Supreme Court, Communications Decency Act, Defamation, ESPN, General Liability, Major League Baseball, New York Courts, New York Defamation Law, Sleeping Fan, Torts, Yankees Leave a comment
As reported by multiple media outlets, a Yankee fan who fell asleep during the New York Yankees-Boston Red Sox game on April 13th filed a lawsuit against the Yankees; ESPN New York; MLB Advanced Media; and ESPN announcers, Dan Shulman and John Kruk.
The Complaint, which was filed by Okwara & Associates, P.C. on July 3rd in the Bronx County Supreme Court, alleges that “announcers like” Shulman and Kruk “unleashed [sic] avalanche of disparaging words against the . . . plaintiff” when ESPN’s Sunday Night Baseball broadcast showed Andrew Rector “nap[ping]” during the top of fourth inning of “the rivalry game between the Boston Red Sox and the New York Yankee [sic].” The alleged defamatory language included: “stupor, fatty, unintelligent, [and] stupid.” Read the rest of this entry »
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