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Media
We regularly represent The Times-Picayune, L.L.C. in libel, defamation, invasion of privacy and similar cases as well as public record and access disputes. We have also represented CNN, The New York Times, The Associated Press and Capital City Press, publisher of The Baton Rouge Advocate, in various access matters. Some of the matters we have recently handled include:
Jane and John Does v. Charles C. Foti, Attorney General for the State of Louisiana, Eddie Jordan, District Attorney for the Parish of Orleans, Frank Minyard, Coroner for the Parish of Orleans, and Rose Agnes Savoie, Cable News Network, Inc., The Times-Picayune, LLC, and Other Unknown Applicants for Information Under the Public Records Act. Representing Cable News Network and The Times-Picayune in a lawsuit concerning the public’s right of access to the investigatory file compiled by former Attorney General Charles Foti during his investigation into several deaths at Memorial Medical Center in the days following Hurricane Katrina. The matter was initially tried in 2007 and the records were ordered to be released. The Louisiana Supreme Court remanded the case in 2009 for a new trial on whether criminal litigation related to the deaths at Memorial is “reasonably anticipated.” That trial is expected to occur during the summer of 2010. Public disclosure of the Attorney General’s file will provide many sought after answers for the citizens of New Orleans and for the relatives of the deceased patients at Memorial Medical Center.
John F. Schwegmann, Mary Melinda B. Schwegmann, John Guy Schwegmann, Heidi Schwegmann, and Laurie Schwegmann Damare v. The Times-Picayune, LLC. Represented The Times-Picayune, LLC in a defamation suit filed by politician and businessman John Schwegmann. Mr. Schwegmann’s lawsuit alleged that he was defamed in two editorials authored by James Gill and published in The Times-Picayune. On behalf of The Times-Picayune, the firm filed a special motion to strike the suit and for attorney’s fees. The Court granted the motion and dismissed the case in May 2010.
William G. Armington, M.D. v Sheri Fink, M.D., et al. Retained in October 2009 to represent the New York Times Company, Propublica, and Sheri Fink in a defamation action arising out of an article titled “Strained by Katrina, Hospital faced deadly Choices,” written by Sheri Fink and published in the New York Times Magazine and online at nytimes.com and propublica.org. The firm successfully obtained a dismissal of the suit on preliminary motions and an award of attorney’s fees for the defendants. On April 13, 2010, the article won the Pulitzer for investigative reporting.
Hup Daniel Wemp v. The Times-Picayune, L.L.C. and Jarvis Deberry. Representing The Times-Picayune and Jarvis DeBerry in a defamation action filed by New Guinea native Hup Daniel Wemp. Mr. Wemp previously filed suit in New York against Jared Diamond alleging that an article published in The New Yorker Magazine defamed him. Mr. Wemp’s suit against The Times-Picayune and Mr. DeBerry arises out of an editorial authored by Mr. DeBerry and published in The Times-Picayune which references the Diamond article. The matter remains pending.
The Times-Picayune v. City of New Orleans Department of Police and Warren Riley. Represented The Times-Picayune in a suit filed against the New Orleans Police Department to enforce the public’s rights under the public records act with respect to the release of police reports and other records maintained by the NOPD. After substantial discovery, the NOPD made an offer to resolve the case. After additional discussions between The Times-Picayune and the NOPD, a settlement was reached. This case was important because it guaranteed that police reports would be released quickly and that other records providing statistics on crime in the City would also be released as they are created by the NOPD.
In re Search Warrant of 1922 Marengo. Represented The Times-Picayune in its successful effort to obtain the search warrant affidavit relative to the search of Congressman Jefferson’s home.
Luan Hunter v. Alvin Copeland. Represented The Times-Picayune in connection with access issues relating to this civil rights case filed by Luan Hunter against her ex-husband, Al Copeland, a former state court judge and others alleging that a conspiracy existed to fix the custody case between Ms. Hunter and Mr. Copeland.
Decorte v. Jordan. Represented The Times-Picayune in an intervention to obtain a transcript of the jury selection proceedings in a racial discrimination suit against Orleans Parish District Attorney Eddie Jordan.
Doe v. Crescent City Baptist. Successfully obtained vacatur of trial court order sealing the record in lawsuit by parents against school alleging that their daughter was sexually abused by a former teacher at the church-run school and imposing a gag order on the parties.
United States of America v. Bodenheimer and related cases. Represented The Times-Picayune in connection with the access issues relative to the prosecution of Jefferson Parish judges and related personnel regarding public corruption in the Jefferson Parish Court system.
United States of America v. Edwin Edwards. Represented The Times-Picayune and the Associated Press in connection with the trial of former Louisiana Governor Edwin Edwards regarding gag order issues, the release of audiotapes and videotapes and other evidence to the press and objections to sealing proceedings and pleadings.
United States of America v. James Harvey Brown. Represented the Associated Press and The Times-Picayune in briefing regarding First Amendment issues in case involving allegations of wrongdoing by the Louisiana Commissioner of Insurance.
Capital City Press v. Louisiana State University. Represented The Baton Rouge Advocate in its successful effort to obtain public records relating to LSU's search for an athletic director.
The Times-Picayune Publishing Corporation v. East Jefferson Levee District. Successfully obtained documents related to confidential settlement of sexual harassment claim against agency head.
In re Emmanuel Narcisse. Successfully obtained order from the Louisiana Fifth Circuit overturning a prior restraint in time to make the newspaper's publication deadline.
Mary Elizabeth Leger v. John N. Kent, D.D.S. Prevailed in public records suit against the L.S.U. Dental School concerning confidential settlement entered into by the Dental School with plaintiffs claiming Temporomandibular Joint (TMJ).
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