Amrak Productions V. Morton Case Summary

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Alexis Foreman Law of Public Com Professor: Abuin CASE BRIEF The Amrak Productions v. Morton case-- No. 04-1449. Decided: June 3, 2005 Decision by: United States Court of Appeals, First Circuit. Facts: James Albright was an experienced professional bodyguard, with over ten years in the personal and professional security business. He was employed by Amrak in January to July 1992. Albright worked as Madonna's bodyguard, where they developed a romantic relationship that lasted til1994. December 2000, Albright entered into a contract with O'Mara Books to sell information about Madonna for an upcoming biography written by Andrew Morton and published by O'Mara Books (UK) and St. Martin's Press (US). Madonna; the book, included more than 48 pages…show more content…
The caption read “Madonna attends ex-lover Prince's concert with her secret lover and one-time bodyguard Jimmy Albright (pictured left). --Photo identified as Albright was false and misprinted; man pictured was actually Madonna’s back up dancer Jose Guitierez, a rather flamboyant gay man that participated in “lewd and offensive” activities. November 12, 2001, People magazine, a publication of Time Inc., published the same photograph along with the inaccurate caption. News of the World, a publication of News Group Newspapers, Ltd., published the same photo/caption March 17, 2002. Legal Issue: Albright filed for deformation, invasion of privacy, negligence, negligent and intentional infliction of emotional distress, along with violations of state statutory prohibitions on unfair trade practices under Mass General Law. Appellants then filed a diversity suit against Morton, Michael O'Mara Books, Michael O'Mara, St. Martin's Press, Time Inc., and News Group Newspapers, Ltd., in the District of Massachusetts. Conclusion: May 28, 2004, the district court granted appellees' motion to dismiss on all counts. The court concluded that

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