United States Fifth Circuit

In a suit against Hearst Communications and Hearst Newspapers Partnership seeking damages stemming from invasion of privacy based on an article describing a blackmail scheme carried out by two married attorneys, dismissal of the suit is affirmed where: 1) the district court properly concluded that plaintiff could not make out a prima facie case of invasion of privacy; and 2) in the context of res judicata, prior state court determinations did not previously resolve whether the information at issue was a matter of public concern.

Appellate Information

• Decided 05/16/2007
• Published 05/17/2007

Judges

• CARL E. STEWART, Circuit Judge:, Before JONES, Chief Judge, and JOLLY and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Broadus A. Spivey (argued), Spivey & Ainsworth, Austin, TX, Deborah Ann Pearce, Powell & Pearce, New Orleans, LA, for Plaintiff-Appellant.


• For Appellees:
  
• Jonathan R. Donnellan (argued), Kristina E. Findikyan, The Hearst Corp., New York City, Dan Brian Zimmerman, Phelps Dunbar, New Orleans, LA, Charles L. Babcock, Jackson Walker, Houston, TX, Stephen Richard Fogle, Karen Ann Monsen, Jackson Walker, San Antonio, TX, for Defendants-Appellees.