Star Editorial, Inc. v. United States District Court for the Central District of California, Rodney Dangerfield, Real Party-In-Interest

Good Law
7 F.3d 856·93 Daily Journal DAR 13004·1993 WL 406484·21 Media L. Rep. (BNA) 2281·1993 U.S. App. LEXIS 26664
United States Court of Appeals for the Ninth CircuitOctober 14, 199393-70366California2,468 words

Opinion

Opinion

Hug, J.

Petitioner, Star Editorial, Inc. (“the Star”), seeks a writ of mandamus directing the district court to vacate its March 22, 1993, discovery order compelling the Star to disclose the identities of its confidential sources of information for an article it published about Rodney Dangerfield, a well-known entertainer, the real party in interest. We deny the petition.

I.

FACTS

On September 11,1990, the petitioner published an article in its weekly tabloid, the Star, entitled “Vegas casino accuses Cad-dyshack funnyman: Rodney Dangerfield ‘Swills Vodka By The Tumblerful, Smokes Pot All Day And Uses Cocaine.’ ” The article was based in part on allegations made in a counterclaim filed by the owner of Caesar’s Palace Hotel in response to Dangerfield’s breach of contract and negligence action brought against the casino owner and unnamed casino employees.

Dangerfield thereafter filed a libel action against the Star, its writers, Barry Levine and David LaFontaine, and others. The complaint admits that allegations taken from the court documents in the Caesar’s Palace suit are privileged under the judicial proceedings privilege. The claim derives from statements in the article that quote…

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