2006 MLRC/NAA/NAB LIBEL DEFENSE ... - Directrouter.com

More documents

Recommendations

Info

For exclusive use of MLRC members and other parties specifically authorized by MLRC. © Media Law Resource Center, Inc.iii.Length of trial:Two days.iv.Judge:Relatively young; bright; interested in First Amendment issues.h. Other factors:N/A.19. Results of Jury Interviews, if any:N/A.20. Assessment of Jury:N/A.21. Lessons:New York Times v. Sullivan continues to be a lifesaver for the press.22. Post-Trial Disposition:Appeal threatened but never filed.Plaintiff’s Attorneys:Brenda Reddix-SmallsJamilla MinnicksReddix-Smalls Law FirmColumbia, SCDefendant’s Attorneys:David E. HudsonTimothy E. MosesHull, Towill, Norman, Barrett & SalleyP.O. Box 1564Augusta, GA 30903-1564(706) 722-4481(706) 722-9779 (FAX)dehudson@hullfirm.comtemoses@hillfirm.com16
For exclusive use of MLRC members and other parties specifically authorized by MLRC. © Media Law Resource Center, Inc.D. Case Name: Darcie Divita v. John Zeigler and Clear Channel Broadcasting, d/b/aWHAS Radio 84, Louisville, KYCourt: Jefferson Circuit Court (Louisville, KY), Division 13Case Number: 03-CI-09214Verdict rendered on: Tuesday, May 24, 20051. Name and Date of Publication:The Radio Broadcast at issue: August 22, 2003 – “The John Ziegler Show” on84 WHAS Radio.2. Profile:a. Print _____; TV _____; other X (radio).b. Plaintiff: public X ; private _____.c. Newsgathering tort _____; Publication tort X . (claims ofdefamation, invasion of privacy and intentional infliction of emotionaldistress)3. Case Summary:On May 24, 2005, a Jefferson County, Kentucky Circuit Court jury ruled againstformer WDRB-TV morning host, Darcie Divita, on every claim in her defamation andinvasion of privacy lawsuit against Clear Channel Broadcasting d/b/a 84 WHAS Radio inLouisville and its former talk show host, John Ziegler. After a five day trial and just twohours of deliberation, the jury of eight women and four men returned a defense verdict on allclaims in a case which resulted from certain “personal” on-air comments broadcast byMr. Ziegler about Ms. Divita in August of 2003. Divita v. Ziegler, No. 03 CI 09214.The Background – Louisville’s “Reality Relationship”The case involved a “Reality Relationship” – one that was widely publicized inLouisville – on television, on the radio, and in the newspaper. This Reality Relationship wasplayed out in full for the public and the two participants in that Relationship made nodistinction between their public lives and their personal lives. The Relationship was betweena television morning show anchor – just new to Louisville – Darcie Divita, and a talk radiohost on 84 WHAS Radio – John Ziegler.The Relationship began with much fanfare amid substantial promotional splashesmade by WDRB-TV 41 (FOX 41) trumpeting Ms. Divita’s arrival to town, and on the Fox inthe Morning show. Divita’s picture was plastered on billboards around Louisville and shewas promoted very heavily on local television and radio.17
Page 2 and 3: For exclusive use of MLRC members a
Page 6: For exclusive use of MLRC members a
Page 15: For exclusive use of MLRC members a
Page 68 and 69:
For exclusive use of MLRC members a
Page 70 and 71:
Page 72 and 73:
Page 74 and 75:
Page 76 and 77:
Page 78 and 79:
Page 80 and 81:
Page 82 and 83:
Page 84 and 85:
Page 86 and 87:
Page 88 and 89:
Page 90 and 91:
Page 92 and 93:
Page 94 and 95:
Page 96 and 97:
Page 98 and 99:
Page 100 and 101:
Page 102 and 103:
Page 104 and 105:
Page 106 and 107:
Page 108 and 109:
Page 110 and 111:
Page 112 and 113:
Page 114 and 115:
Page 116 and 117:
Page 118 and 119:
Page 120 and 121:
Page 122 and 123:
Page 124 and 125:
Page 126 and 127:
Page 128 and 129:
show all

2006 MLRC/NAA/NAB LIBEL DEFENSE ... - Directrouter.com

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?