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Home > Floyd v. WBTW

Floyd v. WBTW [1]

Submitted by DMLP Staff on Wed, 03/19/2008 - 10:52

Summary

Threat Type: 

Lawsuit

Date: 

07/17/2006

Status: 

Concluded

Disposition: 

Settled (total)

Location: 

South Carolina

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
In July 2006, Dr. James Floyd sued South Carolina television station WBTW-TV and its parent company for defamation in South Carolina state court. The dispute revolved around a March 1, 2006 WBTW-TV report on local doctors suspended from the practice of medicine... read full description
Parties

Party Receiving Legal Threat: 

Media General Operations, Inc. as WBTW-TV

Type of Party: 

Individual

Type of Party: 

Organization
Media Company

Location of Party: 

  • South Carolina

Location of Party: 

  • Virginia

Legal Counsel: 

Thomas Brittain, John Long, and L. Morgan Martin

Legal Counsel: 

Jerry Bender, George Reeves, and Susan Bunch
Description

In July 2006, Dr. James Floyd sued South Carolina television station WBTW-TV and its parent company for defamation in South Carolina state court. The dispute revolved around a March 1, 2006 WBTW-TV report on local doctors suspended from the practice of medicine for various forms of misconduct. The report directed viewers to WBTW's website, which contained a list of suspended doctors and the reasons for their suspensions. According to Dr. Floyd's complaint and other court papers, the website indicated that Floyd's license had been suspended because of his use of crack cocaine when in fact it had been suspended due to alcohol-related problems.

WBTW removed the case to federal court in South Carolina and moved for summary judgment, arguing that the statement on the website was substantially true and that the reporter who posted it lacked "common law malice," which requires that the publication be motivated by hatred, ill will, or desire to injure. The Court denied WBTW's motion, ruling that the issues raised by the television station were questions of fact for the jury to decide.

On January 10, 2008, the trial in the case began. The parties settled on the same day, before it concluded.

Related Links: 

Justia: Floyd v. WBTW et al [2]

 

Details

Web Site(s) Involved: 

WBTW-TV: South Carolina Now [3]

Content Type: 

  • Text

Publication Medium: 

Website

Subject Area: 

  • Defamation
Court Information & Documents

Jurisdiction: 

  • South Carolina

Source of Law: 

  • South Carolina

Court Name: 

Court of Common Pleas, Fifteenth Judicial Circuit, South Carolina; United States District Court for the District of South Carolina

Court Type: 

Federal
State

Case Number: 

2006-CP-26-3708 (state); No. 4:06-cv-3120-RBH (federal)

Relevant Documents: 

PDF icon 2006-11-12-Answer to Complaint.pdf [4]
PDF icon 2007-09-14-Defendants' Memo in Support of Motion for Summary Judgment.pdf [5]
PDF icon 2007-12-17-Order Denying Defendants' Motion for Summary Judgment.pdf [6]
PDF icon 2007-09-27-Plaintiff's Opposition to Defendants' Motion.pdf [7]
PDF icon summons and complaint.pdf [8]
PDF icon docket.pdf [9]

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Source URL (modified on 08/20/2014 - 11:06pm): http://www.dmlp.org/threats/floyd-v-wbtw

Links
[1] http://www.dmlp.org/threats/floyd-v-wbtw
[2] http://dockets.justia.com/docket/court-scdce/case_no-4:2006cv03120/case_id-144899/
[3] http://www.scnow.com/midatlantic/scp/wbtw.html
[4] http://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2006-11-12-Answer%20to%20Complaint.pdf
[5] http://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-09-14-Defendants%27%20Memo%20in%20Support%20of%20Motion%20for%20Summary%20Judgment.pdf
[6] http://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-12-17-Order%20Denying%20Defendants%27%20Motion%20for%20Summary%20Judgment.pdf
[7] http://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-09-27-Plaintiff%27s%20Opposition%20to%20Defendants%27%20Motion.pdf
[8] http://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/summons%20and%20complaint.pdf
[9] http://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/docket.pdf