Legal Opinion

McGucken v. Newsweek LLC

District Court, S.D. New York

Decided March 21, 2022No. 1:19-cv-09617Unknown

1Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ELLIOT McGUCKEN, Plaintiff, 19 Civ. 9617 (KPF) -v.- OPINION AND ORDER NEWSWEEK LLC, Defendant. KATHERINE POLK FAILLA, District Judge: Plaintiff Elliot McGucken is a fine art photographer based in Los Angeles, California. In March 2019, Plaintiff visited Death Valley National Park to take photographs. During that trip, Plaintiff photographed a rare ephemeral lake that appeared in the park and subsequently shared that photograph on Instagram. Defendant Newsweek published an article about the ephemeral lake, and embedded in the article…

2Cases cited36 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Hicks v. BainesCourt of Appeals for the Second Circuit · 2010
  5. Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985

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