McDonald's Corporation v Steel & Morris[1997] EWHC 366 (QB), known as "the McLibel case", was an English lawsuit for libel filed by McDonald's Corporation against environmental activists Helen Steel and David Morris over a factsheet critical of the company. Each of two hearings in English courts found some of the leaflet's contested claims to be libellous and others to be true.
In law, standing or locus standi is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that party's participation in the case. A party has standing in the following situations:
Strategic lawsuits against public participation, or strategic litigation against public participation, are lawsuits intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.
Dow Jones & Co Inc v Gutnick was an Internet defamation case heard in the High Court of Australia, decided on 10 December 2002. The 28 October 2000 edition of Barron's Online, published by Dow Jones, contained an article entitled "Unholy Gains" in which several references were made to the respondent, Joseph Gutnick. Gutnick contended that part of the article defamed him. A key judgement was that the suit could be brought in Australia.
New York Times Co. v. Sullivan, 376 U.S. 254 (1964), was a landmark U.S. Supreme Court decision ruling that the freedom of speech protections in the First Amendment to the U.S. Constitution restrict the ability of public officials to sue for defamation. The decision held that if a plaintiff in a defamation lawsuit is a public official or candidate for public office, then not only must they prove the normal elements of defamation—publication of a false defamatory statement to a third party—they must also prove that the statement was made with "actual malice", meaning the defendant either knew the statement was false or recklessly disregarded whether it might be false. New York Times Co. v. Sullivan is frequently ranked as one of the greatest Supreme Court decisions of the modern era.
Food libel laws, also known as food disparagement laws and informally as veggie libel laws, are laws passed in thirteen U.S. states that make it easier for food producers to sue their critics for libel. These thirteen states are the following: Alabama, Arizona, Colorado, Florida, Georgia, Idaho, Louisiana, Mississippi, North Dakota, Ohio, Oklahoma, South Dakota, and Texas. Many of the food-disparagement laws establish a lower standard for civil liability and allow for punitive damages and attorney's fees for plaintiffs alone, regardless of the case's outcome.
Barrett v. Rosenthal, 40 Cal.4th 33 (2006), was a California Supreme Court case concerning online defamation. The case resolved a defamation claim brought by Stephen Barrett, Terry Polevoy, and attorney Christopher Grell against Ilena Rosenthal and several others. Barrett and others alleged that the defendants had republished libelous information about them on the internet. In a unanimous decision, the court held that Rosenthal was a "user of interactive computer services" and therefore immune from liability under Section 230 of the Communications Decency Act.
The Center for Constitutional Rights (CCR) is a progressive non-profit legal advocacy organization based in New York City, New York, in the United States. It was founded in 1966 by Arthur Kinoy, William Kunstler and others particularly to support activists in the implementation of civil rights legislation and to achieve social justice.
Modern libel and slander laws in many countries are originally descended from English defamation law. The history of defamation law in England is somewhat obscure; civil actions for damages seem to have been relatively frequent as far back as the Statute of Gloucester in the reign of Edward I (1272–1307). The law of libel emerged during the reign of James I (1603–1625) under Attorney General Edward Coke who started a series of libel prosecutions. Scholars frequently attribute strict English defamation law to James I's outlawing of duelling. From that time, both the criminal and civil remedies have been found in full operation.
Marc J. Randazza is an American First Amendment attorney and a legal commentator on InfoWars.
Susan L. Burke is an American lawyer noted for her work to reform the military system of prosecuting rape and assault and in representing plaintiffs suing the American military or military contractors, such as the Abtan v. Blackwater case. She represented former detainees of Abu Ghraib prison in a suit against interrogators and translators from CACI and Titan Corp. who were tasked with obtaining military intelligence from them during their detention. Her work was featured in the documentaries The Invisible War and Ghosts of Abu Ghraib. In 2015, the National Law Journal named Burke one of the top 75 female attorneys in the nation.
Obsidian Finance Group, LLC v. Cox is a 2011 case from the United States District Court for the District of Oregon concerning online defamation. Plaintiffs Obsidian Finance Group and its co-founder Kevin Padrick sued Crystal Cox for maintaining several blogs that accused Obsidian and Padrick of corrupt and fraudulent conduct. The court dismissed most of Cox's blog posts as opinion, but found one single post to be more factual in its assertions and therefore defamatory. For that post, the court awarded the plaintiffs $2.5 million in damages. This case is notable for the court's ruling that Cox, as an internet blogger, was not a journalist and was thus not protected by Oregon's media shield laws, although the court later clarified that its ruling did not categorically exclude blogs from being considered media and indicated that its decision was based in part upon Cox offering to remove negative posts for a $2,500 fee. In January 2014 the Ninth Circuit Court affirmed in part and reversed in part the district court's judgment awarding compensatory damages to the bankruptcy trustee. It also ordered a new trial on the blog post at issue.
Pfizer Inc. v. Government of India, 434 U.S. 308 (1978), decision of the Supreme Court of the United States in which the Court held that foreign states are entitled to sue for treble damages in U.S. courts, and should be recognized as "persons" under the Clayton Act.
The Xolobeni mine is a proposed titanium mine located in the Wild Coast region of the Eastern Cape of South Africa. The proposed mine has reserves amounting to 348.7 million tonnes of ore grading 5% titanium.
Steven Arnold Majiedt is a South African judge of the Constitutional Court of South Africa. He joined the Constitutional Court in October 2019 as an appointee of President Cyril Ramaphosa. Formerly a practicing advocate, he served in the Supreme Court of Appeal from 2010 to 2019 and in the Northern Cape High Court from 2000 to 2010.
Climate change litigation, also known as climate litigation, is an emerging body of environmental law using legal practice to set case law precedent to further climate change mitigation efforts from public institutions, such as governments and companies. In the face of slow climate change politics delaying climate change mitigation, activists and lawyers have increased efforts to use national and international judiciary systems to advance the effort. Climate litigation typically engages in one of five types of legal claims: Constitutional law, administrative law, private law (challenging corporations or other organizations for negligence, nuisance, etc., fraud or consumer protection, or human rights.
"SLAPP Suits" is a segment of HBO's news-satire television series Last Week Tonight with John Oliver, focusing on strategic lawsuits against public participation (SLAPP). It first aired on November 10, 2019, as part of the twenty-ninth episode of the series's sixth season. The episode marked British-American comedian and host John Oliver's response to winning a SLAPP defamation lawsuit against him initiated by American mining businessman Robert E. Murray. The lawsuit began in 2017, after Oliver heavily criticized Murray and his company, Murray Energy, in a segment concerning the coal-mining industry in the United States. Murray claimed in his lawsuit that Oliver had carried out a character assassination against him, but the case was dismissed in under a year, and an appeal by Murray Energy was unsuccessful. During the lawsuit, the American Civil Liberties Union filed an amicus brief that was widely covered due to its sarcastic humor.
Mineral Sands Resources (Pty) Ltd and Others v Reddell and Others is a decision of the Constitutional Court of South Africa which affirmed a common law defence against strategic litigation against public participation (SLAPP) lawsuits. It was heard on 17 February 2022 and decided on 14 November 2022 in a unanimous judgment written by Justice Steven Majiedt. The Constitutional Court ruled that it is proper to identify and dismiss SLAPP suits as an abuse of process, but that such a determination rests on the merits of the suit in question, as well as on its motives.
Freedom of expression in South Africa is guaranteed in section 16 of the Constitution of South Africa. This right to freedom of expression, which is regarded as being of fundamental importance to South African constitutional democracy, was first recognised in the Interim Constitution of 1993. The right is not unqualified — certain forms of expression fall outside of the ambit of section 16(1), and the right is capable of limitation in accordance with the general principles of South African constitutional jurisprudence. Application of the right to freedom of expression by the courts has had a considerable impact on, amongst other fields, South African criminal law, defamation law and trademark law.
Mankayi v AngloGold Ashanti Ltd is a 2011 decision of the Constitutional Court of South Africa in South African labour law and the South African law of delict. The court upheld the right of mineworkers to sue at common law for damages incurred due to occupational disease and occupational injury. The High Court and Supreme Court of Appeal had found that section 35(1) of the Compensation for Occupational Injuries and Diseases Act, 1993 established a statutory bar to such claims, but the Constitutional Court held unanimously that the relevant provision applied only to workers who were entitled to claim for compensation under that act.
