U.S. Supreme Court denies review in right of publicity and anti-SLAPP cases

The odds are never in your favor when seeking U.S. Supreme Court review. Out of the 7,000 – 8,000 petitions for a writ of certiorari received each term, the Court grants and hears oral argument in around 80 cases. Thus, this morning’s news that the Court denied review in two cases of media law interest came at no surprise.

The High Court denied cert in EA v. Davis and Mebo International v. Yamanaka, leaving open questions of right of publicity, the First Amendment, and the application of state anti-SLAPP statutes in federal court.

EA v. Davis asked the Court whether the First Amendment protects a speaker against a state-law right-of-publicity claim that challenges the realistic portrayal of a person in an expressive work. Former NFL player Michael Davis sued Electronic Arts, the producer of Madden NFL, for violations of his right of publicity. EA filed a motion to strike under California anti-SLAPP statute asserting Davis’ claim was barred under the First Amendment. The Court’s denial of cert left in place the Ninth Circuit’s affirmation of the district court’s denial of EA’s motion to strike.

Mebo International v. Yamanaka asked the Court whether state anti-SLAPP statutes are properly applied in federal diversity cases, or whether doing so runs afoul of the Erie doctrine. The Court’s denial cert left in place the Ninth Circuit’s ruling that the California anti-SLAPP statute does apply in federal court.

 

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s