Charles Yeager v. Connie Bowlin

Plaintiffs, retired General Charles E. “Chuck” Yeager and his foundation, appeal the district court’s order granting summary judgment to Defendants Ed and Connie Bowlin. Yeager contends that the district court should not have struck his declaration, which contains comprehensive details he did not remember at his deposition. He also contends that, under California’s single-publication rule, the Bowlins “republished” statements about him on their website — and thereby restarted the statute of limitations — when they modified unrelated information on their website. We reject both arguments and affirm the district court.

I. Background

Yeager is a recognized figure in aviation history. The Bowlins are retired commercial airline captains who became friends with Yeager in the 1980s. The Bowlins own Aviation Autographs, which sells aviation-related memorabilia, including items related to or signed by Yeager.

In 2008, Yeager brought eleven claims against the Bowlins, including violations of the federal Lanham Act, California’s common law right to privacy and California’s statutory right to publicity, Cal. Civ.Code § 3344. At his deposition in this action, Yeager did not recall…