Representative Matters

All
  • All
  • Business Litigation
  • Intellectual Property
  • Media and Entertainment
  • Expert Witness In Fee Disputes In Anti-SLAPP, Defamation And Public Records Matters
  • Rule-Making/Legislation

Defamation/Invasion of Privacy, Media and Entertainment

Hentschel v. Pitts, McNicholas & Associates, Inc., National Public Radio, Inc., and Floodlight, Inc.

Hentschel v. Pitts, McNicholas & Associates, Inc., National Public Radio, Inc., and Floodlight, Inc., Case No. 24-CA-008705 (Fla. 13th Cir. Ct. July 17, 2025). Won dismissal with prejudice of defamation claims against National Public Radio, Inc. and Floodlight News by demonstrating that the allegedly statements were protected by the fair report privilege, were not false, and were not facially defamatory.

Media and Entertainment

Reed v. Chamblee

Reed v. Chamblee, 2025 WL 1874638 (11th Cir. July 8, 2025). On behalf of several media defendants, secured affirmance of dismissal with prejudice of defamation claims brought by professional golfer because golfer did not and could not plead that the defendants published the allegedly defamatory statements with actual malice.

Media and Entertainment

Dobrovolskaya v. Monarch Air Group, LLC

Dobrovolskaya v. Monarch Air Group, LLC, 2025 WL 733258 (S.D.N.Y. Mar. 7, 2025). Agreeing with arguments made by Thomas & LoCicero attorneys, and applying both Florida and New York law, the District Court for the Southern District of New York recognized that a journalist’s notes, interviews, and other newsgathering materials are protected from discovery under the journalist’s privilege. Accordingly, the Court quashed a document subpoena directed to the journalist.

Media and Entertainment

Gerace, Jr. v. Miami Hearld Media Company, Sun-Sentinel Company, LLC, Weaver, and Ariza

Gerace, Jr. v. Miami Hearld Media Company, Sun-Sentinel Company, LLC, Weaver, and Ariza, No. 2023-001715-CA-01 (11th Judicial Circuit, Miami-Dade County, Fla. Aug. 27, 2024). Convinced state Circuit court to dismiss with prejudice two defamation claims based upon reporting about the arrest of a suspect in a bribery, drug dealing, and human trafficking case because the report was substantially true, was protected by the official report privilege, and shielded by the wire service defense.

Media and Entertainment

Escambia County v. Gannett MHC Media, Inc., et al.

Escambia County v. Gannett MHC Media, Inc., et al., No. 172023CC006519 (Escambia Cty. Ct. Aug. 8, 2024). Convinced trial court to dismiss with prejudice a county’s lawsuit demanding that the newspaper defendant turn over a county commissioner’s text messages that it received from an anonymous source. The judge also refused to halt the newspaper’s reporting about the messages and granted Thomas & LoCicero’s Anti-SLAPP motion requiring the county to pay the newspaper’s attorneys’ fees.

Media and Entertainment

City of Tallahassee v. Fla. Police Benevolent Ass’n, Inc.

City of Tallahassee v. Fla. Police Benevolent Ass’n, Inc., 375 So.3d 178 (Fla. 2023). Representing a consortium of media companies, convinced the Florida Supreme Court to rule that ”Marsy’s Law” cannot be used to shield the names of crime victims, including on-duty law enforcement officers, from public review.

Business Litigation, Media and Entertainment

Children’s Health Defense v. Meta Platforms

Children’s Health Defense v. Meta Platforms , et. al, 2024 WL 3734422 (9th Cir. Aug. 9, 2024). Represented the Poynter Institute for Media Studies, Inc. in obtaining an affirmance of the district court’s dismissal of lawsuit brought by anti-vaccine group alleging Poynter, through its PolitiFact fact-checking service and its operation of the International Fact-Checking Network, conspired with Facebook and government authorities to prevent it from promoting its views on Facebook and otherwise diminish its message in favor of government viewpoints on vaccine policy. The Ninth Circuit agreed that all claims alleged under Bivens, Lanham Act false advertising, civil RICO, and a final claim for declaratory relief were properly dismissed and that fact-checking journalism is not commercial speech that advertised a product or service.

Defamation/Invasion of Privacy

Tuition Options, LLC v. Project on Predatory Student Lending, Inc. and Mayer Law PLLC, Case No. 23-81293-CV-MIDDLEBROOKS (S.D. Fla. April 8, 2024). Won dismissal with prejudice of defamation case challenging law firm’s hyperlinks to pleadings in class action lawsuit.

Media and Entertainment

Shapiro v. WPLG, Inc.,

Shapiro v. WPLG, Inc., 2023 WL 3485524 (Fla. 3d DCA 2023). Obtained reinstatement of joint and several fee award against substitute lawyer for libel plaintiff Eric Readon, and affirmance of joint and several fee award against Readon’s original lawyer, pursuant to Florida’s analogue to federal Rule 11.

Media and Entertainment

McClatchy Company, LLC v. Florida Department of Children and Families

McClatchy Company, LLC v. Florida Department of Children and Families, Case No. 2021-003289-CA-01 (Fla. 11th Jud. Cir. May 2023). Won final summary judgment and attorney’s fees in a public records action to obtain the full case file of a 22-month-old toddler who died while in the custody of DCF. The court agreed that Florida statutes made these records public upon a determination of that the child died of abuse, abandonment, and neglect, determined that DCF wrongfully withheld these records and filed a frivolous appeal, and awarded over $370,000 in trial and appellate fees and costs.

Media and Entertainment

Klayman v. Cable News Network, Inc.

Klayman v. Cable News Network, Inc., 2023 WL 2027843 (11th Cir. 2023). Assisted with successful trial court defense of libel action against CNN and affirmance of dismissal on appeal.

Intellectual Property

Constructive Resource Inc. v. Osborne

No. 94002983, 2022 WL 1000234 (T.T.A.B. Mar. 11, 2022). Won summary judgment in favor of owner of federal trademark registration before U.S. Patent & Trademark Office Trademark Trial and Appeal Board.

Intellectual Property

Osborne v. Constructive Resource Inc.

Osborne v. Constructive Resource Inc., Proceeding No. 94002983 (TTAB 2022). Obtained summary judgment in favor of owner of federal trademark registration before U.S. Patent & Trademark Office Trademark Trial and Appeal Board.

Media and Entertainment

Zimmerman v. Fulton et al.

Zimmerman v. Fulton et al., (Fla. 2d Jud. Cir. 2022). Obtained a dismissal with prejudice of a libel suit brought by George Zimmerman against Ben Crump and HarperCollins Publishing arising out of Mr. Crump’s book ”Open Season: Legalized Genocide of Colored People.”