Legal Opinion
McGucken v. Newsweek LLC
District Court, S.D. New York
Decided June 1, 2020No. 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 photographer who focuses on landscapes and seascapes. On March 13, 2019, Plaintiff posted on his Instagram account a photograph of an ephemeral lake (the “Photograph”) that had appeared in Death Valley, California. The following day, Defendant Newsweek published an article about the ephemeral lake (the “Article”), embedding Plaintiff’s Instagram post of the lake as part of…
2Cases cited35 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Harris v. MillsCourt of Appeals for the Second Circuit · 2009
- Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
- Faber v. Metropolitan Life InsuranceCourt of Appeals for the Second Circuit · 2011
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