Judge Tosses Failed U.S. Senate Candidate's Libel Suit

(Photo credit: Wikipedia)

In Jeffrey Greene v. Times Publishing Co. et al. (Case No. 10-47749-CA 32), Judge Valeria Manno-Schurr of the 11th Judicial Circuit Court of Miami-Dade County  dismissed defamation claims against The Miami Herald and The St. Petersburg Times brought by billionaire real estate mogul Jeffrey Greene, who blamed his Democratic U.S. Senate primary loss to Kendrick Meek on the dailies' coverage of him (see "TUOL" post 9/7/10).

Greene is expected to appeal the decision concerning three articles and what he alleged in his voluminous complaint were 22 purportedly libelous statements that harmed his business and campaign effort. Judge Manno-Schurr ruled a Times editorial was entirely opinion and not susceptible to a defamatory meaning. Likewise, she held that an article detailing alleged drug use and bad boy behavior on Greene's yacht by former heavyweight champ Mike Tyson and cohorts, who was best man at Greene's wedding, could not defame the plaintiff because it neither suggested he participated in nor even witnessed  the allegedly nefarious goings-on.

A third article involving a condo deal in which Greene participated with a California businessman who subsequently was indicted for mortgage fraud unrelated to his association with Greene was not defamatory either, according to the court, because the plaintiff failed to show any misstatements by the media defendants rose to the level of actual malice. (Tip of the hat to the Reporters Committee for Freedom of the Press, www.rcfp.org, for following up on this case.)

Times Are Tough in St. Petersburg: Sagging Economy Prompts Staff Layoffs

Image via WikipediaOn the heels of a 5 percent salary reduction and a shake-up in severance payments, the Times Publishing Co.'s St. Petersburg Times has begun pink-slipping editorial staffers in response to a stagnant economy that has dried up ad lineage and reduced circulation.

The Romanesko Website reports that at least 8 staffers have been laid off, though the daily thus far has confirmed only 3 jobs lost. Times Executive Editor Neil Brown issued a memo to the newsroom explaining the economic need to trim staff.  The St. Petersburg Times is owned by the nonprofit Poynter Institute for Media Studies.

Fla. Daily Sues City Over Whether Traffic Tickets Are Public Records

Image via WikipediaIn Times Publishing Co. v. City of Kenneth City (Case No. 10-17865), The St. Petersburg Times has petitioned the 6th Judicial District Circuit Court for Pinellas County for a writ of mandamus ordering the municipality to release records of red-light violators who received traffic citations from American Traffic Solutions (ATS), the private company hired by the city to issue traffic tickets.

As reported by Courthouse News Service, the Times, which is owned by the nonprofit Poynter Institute for Media Studies, filed a freedom of information request Dec. 1, pursuant to Florida's Public Records Act (Ch. 119, Fla. Stat.) and Art. 1, Sec. 24 of the Fla. Constitution (access to public records & meetings), seeking warning notices and citations issued by the city. Then-Fla. Gov. Charlie Crist signed into law in May 2010, H.B. 325, which empowers cities to use red-light cameras and other traffic infraction devices to issue citations to offending drivers.

Kenneth City hired ATS, which began issuing citations last November, one month after it started doling out warning citations. ATS, which produces a report for the city that identifies offenders, agreed only to provide the Times with statistics on the numbers of drivers it ticketed, contending that, as a private entity, the materials it kept were not public records.  The city, in turn, declined to produce the records naming the offenders, claiming that doing so would violate the federal Drivers Privacy Protection Act [18 U.S.C. sec.2721 et seq.].

For its part, the Times argues that it has a legal and constitutional right to inspect the traffic records. Not that the Pinellas County Court has consulted us, but "TUOL" believes the newspaper's request should be green-lighted. Expect to see a spate of such lawsuits nationwide as municipalities continue to privatize governmental services such as trash collection and traffic enforcement.

UPDATE: Hulkster's Sweet Smackdown of Cereal-maker

Image via Wikipedia
Former World Federation Wrestling champ Hulk Hogan apparently had Post Foods on the ropes, as the "Hulkster" (nee Terry Bollea) has settled his trademark infringement suit against the proud producer of Cocoa Pebbles cereal, the St. Petersburg (Fla.) Times reports.


In Terry Bollea v. Post Foods LLC et al. (Case No. 8:10-cv-01161), filed last May in the U.S. District Court for the Middle District of Florida, the plaintiff alleged that the character of an oversized blond wrestler named Hulk Boulder depicted in a tv ad for Cocoa Pebbles featuring a wrestling match with Flintstones character Bam Bam misappropriated his image by resembling him and using a stage name under which he wrestled before WWF impresario Vince McMahon convinced him to Irish-up his name to Hulk Hogan. [See "TUOL" post 6/1/10.]


Terms of the parties' settlement agreement are confidential, though part of the lawsuit's resolution includes the defendant's agreement not to show the commercial anymore.  It's safe to have breakfast again.

It's Not Easy Being Greene

Image via Wikipedia
Billionaire real estate mogul Jeffrey Greene, who was bested in Florida's Democratic U.S. Senate primary race by Kendrick Meek, has filed a 55-page defamation lawsuit in Miami Dade Circuit Court against The St. Petersburg Times and The Miami Herald.


Greene alleges the defendants conspired to assassinate his character and diminish his chances of winning the primary by publishing stories that cast him in a negative light.  An article that appeared in the Herald concerning a Calif. businessperson subsequently indicted for mortgage fraud who was involved in an unrelated condo deal with Greene and a second article concerning alleged drug use and lurid partying by former boxing champ Mike Tyson aboard Greene's yacht underlie the defamation claim.

According to the plaintiff, both stories were false and he purportedly provided evidence to that effect to the Florida dailies pre-publication. Both papers did print a correction concerning the Tyson story.

To prevail on his claim, Greene must prove the defendants published the stories with actual malice, that is, knowing the stories were untrue or with reckless disregard about the truth or falsity of the articles.  Greene is seeking $250 million in compensatory damages (or about 10 times what he spent out of his own pocket to fund his campaign) and $250 million in punitive damages.


Time will tell, but political candidates successfully suing media outlets covering their campaigns for defamation is as rare an occurrence nowadays as apparently, losing gracefully.

UPDATE: Judge Tosses $10m Libel Verdict Against St. Petersburg Times

Image by calebism via Flickr

Pinellas-Pasco (Fla.) Circuit Court Judge Anthony Rondolino, who presided over the libel trial of Dr. Harold Kennedy against the Times Publishing Co.owned St. Petersburg Times that ended with a $10 million jury verdict in favor of the former Bay Pines VA Medical Center chief of medicine, has thrown out the judgment, according to a story in the St. Petersburg Times.

Kennedy's attorney plans to appeal the decision, which overturned the award of $5.1 million compensatory damages and $5 million punitive damages decided by a six-member jury after a five-day trial last summer (see "TUOL" post 8/31/09). Kennedy sued the paper over 3 articles written  in December 2003, concerning his reassignment from chief of medicine to his subspecialty of cardiology at the VA Medical Center. The author of the articles, Paul de la Garza, died of a heart attack in 2006.

In a 2-page decision, Judge Rondolino concluded the evidence did not satisfy "the threshold required by the First Amendment." A heart-rending decision for the plaintiff cardiologist.

Ex-Med Head Scores $10m Libel Verdict Against St. Petersburg Times

Image via Wikipedia

A six-member Pinellas-Pasco Circuit Court jury has socked the Times Publishing Co., parent of The St. Petersburg Times, with a $10 million libel judgment in a case brought by Dr. Harold Kennedy, former chief of medicine at Bay Pines VA Medical Center.

Following a five-day trial, the four-women, two-man jury awarded Dr. Kennedy $5.1 million in compensatory damages and $5 million in punitive damages based on three articles that appeared in The St. Petersburg Times in December 2003, written by staff writer Paul de la Garza, who died at age 44 of a heart attack in 2006. The court excluded  de la Garza's reporter's notes as evidence for the defense.

The offending articles involved Dr. Kennedy's re-assignment from chief of medicine to his cardiology subspecialty. Dr. Kennedy presently resides in St. Louis and consults for the Cardiovascular Research Foundation, according to his attorney.

The newspaper plans to appeal the verdict.