Defamation, Privacy & First Amendment Cases

We have represented clients in the following significant publishing, media, privacy and defamation matters:

Tuite v. Corbitt et al, 866 N.E.2d 114 (2006).  Defamation actions against book publisher Harper Collins and authors Michael Corbitt and Sam Giancana for statements made in the book “Double Deal” suggesting that attorney Patrick Tuite paid bribes to fix criminal          prosecutions of high-ranking members of the Mafia.  The case was heard by the Illinois    Supreme Court, which upheld the application of the “innocent construction rule” in             Illinois, but reversed   an appellate court decision that the statements made about Tuite     could be reasonably interpreted as being innocent, but instead could only be interpreted       as being defamatory.  The case was then remanded to the trial court for further        proceedings and trial and later settled to the satisfaction of the parties.

Telewizja Polska USA Inc. v. EchoStar Satellite Corp., No. 02 C 3293, United States District Court for the Northern District of Illinois. Representation of television programming content provider (“TVP”) in breach of contract and defamation case.  In the defendant's $22 million defamation counterclaim, the jury returned an award of $1 in compensatory damages and $18,000 in punitive damages.  The statements at issue included accusations that EchoStar was “scamming” TVP out of subscription revenue, that EchoStar conditioned its continuing broadcast of TVP’s programming upon a demand of “total exclusivity,” and that EchoStar was “monopolistic” and was “enslaving” TVP.

Hopewell v. Vitullo, 701 N.E.2d 99 (Ill. App. Ct. 1998).  Defense of law firm partner's media statement that U.S. Senator's campaign treasurer was fired for incompetence. The Court held that the statement constituted non-actionable opinion and could not support a defamation action.

Federation of Advertising Industry Representatives v. City of Chicago, et al., 12 F. Supp. 2d 846 (N.D. Ill. 1998), aff'd in part, revs'd in part, 189 F.3d 633 (7th Cir. 1999).  First Amendment and pre-emption challenge to Chicago ordinance banning the outdoor advertising of cigarettes and alcoholic beverages.  The ordinance was repealed during the pendency of our summary judgment motion.

Garcia v. Chamberlin, 09 L 5927, Circuit Court of Cook County, Illinois.  Successful       defense of a property developer who questioned the actions of Chicago Heights Director of Code Enforcement in an e-mail to other government officials.  We filed a motion to dismiss arguing that the statements to government officials were protected under the Illinois Citizens Participation Act, (the Illinois anti-SLAPP statute) and the matter was fully briefed by the parties.  However, mere hours before the hearing on our motion and the ruling by the court, the plaintiff agreed to drop his case and the matter was voluntarily dismissed in lieu of the hearing.

Omohundro v. Song, No. 05 L 8565, Circuit Court of Cook County, Illinois. Representation of defendant charged with making defamatory statements that plaintiff, a former IRS official, was extorting Korean business people and threatening to report them to the IRS unless they kicked back money to her.  At the conclusion of a jury trial in May, 2007, the jury returned a verdict of not guilty in favor of our client.

Doherty v. Kahn, 682 N.E.2d 163 (Ill. App. Ct. 1997).  Defense of defamation, trade disparagement, intentional infliction of emotional distress, violation of consumer protection statutes and other claims based upon failed business venture.  The claims were dismissed on our motion and the dismissal was upheld on appeal based on defenses of opinion and innocent construction.

Van Horne v. Muller, 691 N.E.2d 74 (Ill. App. Ct 1998), aff'd in part, revs'd in part,  705 N.E.2d 898 (Ill. 1998).  Defamation and negligent supervision case on behalf of former Chicago Bear Keith Van Horne against radio shock jock Mancow Muller and Evergreen Media Corporation.  The case defined the standard of liability in Illinois for the negligent hiring and supervision of radio personalities.  The decision further clarified the liability of persons who participate in the publication of defamatory statements.  On remand, a $1.6 million settlement was negotiated for our client prior to commencement of a jury trial.

Dahl v. Muller, et al., No. 99 L 6585, Circuit Court of Cook County, Illinois. Representation of Janet Dahl in defamation and negligent supervision case against radio shock jock and employer broadcast entities.  Following motion practice, the case was settled to the satisfaction of the parties.

Ruebke v. Globe Communications Corp., 782 P.2d 1246 (Kan. 1987).  Successful defense of defamation claim in the Kansas Supreme Court on the basis of substantial truth and plaintiff’s status as a limited purpose public figure.

Weatherhead v. Globe Int’l, Inc., 832 F.2d 1226 (10th Cir. 1987).  Successful defense of news tabloid on the grounds that 955 plaintiffs could not establish group libel as a matter of law.

Nelson v. Globe International, Inc., 12 Media Law Rptr. 1785 (S.D.N.Y. 1986).   Summary judgment granted for defendant news tabloid on the grounds that plaintiff was unable to establish that articles published were the result of grossly irresponsible publishing practices.

Globe International, Inc. v. Los Angeles Superior Court, Joan Collins, Real Party in Interest, 9 Cal. App. 4th 393 (1992).  Successful defense of civil RICO claim against tabloid newspaper where plaintiff argued that the tabloid's subscription and delivery systems constituted RICO predicate acts.

Barakat v. Matz, 648 N.E.2d 1033 (Ill. App. Ct. 1995).  Defense of consulting physician charged with making defamatory statements concerning treating physician on the grounds of qualified privilege.

Rubin v. Von Almen, No. 07 L 471, Circuit Court of Cook County, Illinois.  Representation of defendants charged with defamation based upon alleged transmission of anonymous pamphlet accusing plaintiff, a high school teacher, with engaging in inappropriate conduct with students and with transmission of an allegedly defamatory letter to plaintiff’s attorney.  After the successful litigation of multiple motions on the grounds of lack of publication, privilege and lack of particularity, the plaintiff voluntarily dismissed his Complaint.

Waguespack v. Matlak et al., No.  07 L 3680, Circuit Court of Cook County, Illinois.  Defense of defamation claim by one aldermanic candidate against another, based upon statements made in campaign literature and televised statements.  Claim was settled during pendency of our motion to dismiss based upon the Illinois anti-SLAPP statute with neither payment nor retraction made.

Mason v. Bacon, No. 99 L 12845, Circuit Court of Cook County, Illinois.  Defense of defamation claim by condominium board member against a resident based upon statements critical of board member’s performance.  The case was dismissed with prejudice based upon the existence of a qualified privilege.

Powell v. Willowbrook Ford, Inc., No. 96 L 5168, Circuit Court of Cook County, Illinois.  Defense of defamation claim based upon alleged statements regarding financial instability.  The case was dismissed with prejudice on our motion predicated upon the statements not having a per se defamatory meaning and the plaintiff’s failure to adequately plead defamation per quod.

Goyal v. Roman, No. 95 L 10496, Circuit Court of Cook County, Law Division.  Representation of former President of the Illinois Medical Society charged with defaming a candidate for office in the society.  Issues involved whether comments that political rival was in the “Irving Park mafia,” was “dishonest and lying” and that there was an anonymous letter accusing “a member of child and spousal abuse” were defamatory.  A settlement was negotiated after the litigation of dispositive motions.

Corzine v. International Globe, Inc., No. 92 L 06371, Circuit Court of Cook County, Law Division.  Representation of media tabloid in defamation action predicated upon allegedly false statements that plaintiff, a former Chicago Bull, transmitted herpes to a former girlfriend. Following the litigation of a dispositive motion based upon the statute of limitations and the single publication doctrine, a settlement was negotiated.

D&T Communications et al. v. Tinsley, et al., No.  05 L 9999, Circuit Court of Cook County, Illinois.  Defense of doctor accused by estranged wife and her business of publicly disclosing her private health information to numerous civic and business leaders, for the purpose of damaging her business.  The case was ultimately settled to the satisfaction of the parties.

Illinois Chiropractic Society, Inc. et al v. Zhou, No. 02 L 9549, Circuit Court of Cook County, Illinois.  Defense of defamation, false light, commercial disparagement and other claims based upon statements regarding medical society’s alleged fraud in peer review process and related financial improprieties.  The case was settled to the satisfaction of the parties.

Luna Security Services, Inc. v. Spanish Broadcasting System Inc., et al., No. 04 L 005652, Circuit Court of Cook County, Illinois. Representation of plaintiff in defamation jury trial against radio personalities and owner of radio station WLEY-FM.  In April, 2007, on the third day of trial, the case settled for $350,000.

Losurdo, et al. v. Ricke, et al., No. 99 L 4151, Circuit Court of Cook County, Illinois. Representation of plaintiff, a labor union local President, in 2002 defamation jury trial against President of competing local union, resulting in an award of compensatory and punitive damages.