Legal Opinion
Herceg v. Hustler Magazine, Inc.
District Court, S.D. Texas
Decided June 6, 1983No. Civ. A. H-82-198PublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
McDONALD, District Judge.
Before the Court is defendant Hustler Magazine, Inc. (Hustler’s) Motion to Dismiss for failure to state a claim. Plaintiffs have sued Hustler in tort and under the wrongful death statute, under the theories of negligent publication and strict liability. They allege that defendant negligently published an inflammatory article on the practice of “autoerotic asphyxiation” entitled, “Orgasm of Death,” which caused the death of plaintiffs’ son and brother. They make the novel claims that the article is both an attractive nuisance for which…
2Cases cited10 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Brandenburg v. OhioSupreme Court of the United States · 1969
- Moning v. AlfonoMichigan Supreme Court · 1977
- Weirum v. RKO General, Inc.California Supreme Court · 1975
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sheila Watters, Individually and as Administratrix, Estate of Johnny Burnett, Deceased v. Tsr, Inc., A/K/A Tsr Hobbies, Inc.Court of Appeals for the Sixth Circuit · 1990
- Diane Herceg, and Andy v. Cross-Appellants v. Hustler Magazine, Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1987
- Wilhelm Winter Cynthia Zheng v. G.P. Putnam's SonsCourt of Appeals for the Ninth Circuit · 1991
- Wilson v. Midway Games, Inc.District Court, D. Connecticut · 2002
- Smith v. LinnSupreme Court of Pennsylvania · 1989
6 more not listed; retrieve them via the Exa API.