Digital Media Law Project
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Home > Lang v. Mason

Lang v. Mason [1]

Submitted by DMLP Staff on Mon, 08/17/2009 - 17:28

Summary

Threat Type: 

Lawsuit

Date: 

05/09/2002

Status: 

Pending

Location: 

Florida

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Conspiracy
Defamation
False Light
Jeffrey Lang, a Florida reconstructive and cosmetic surgeon, filed a lawsuit against reporter Michael Mason, MSNBC, its affiliate Waterman Broadcasting, and Mary Catherine Tourtillott, a former patient, for an allegedly defamatory news report that accused Lang disfiguring his patients. Lang's four-count complaint... read full description
Parties

Party Receiving Legal Threat: 

Michael Mason; Waterman Broadcasting Corp. of Florida; MSNBC Interactive News L.L.C.; Mary Catherine Tourtillott

Type of Party: 

Individual

Type of Party: 

Individual
Organization
Media Company

Location of Party: 

  • Florida

Location of Party: 

  • Florida
  • New Jersey
  • Delaware

Legal Counsel: 

Brian M. Torres - Sheftall & Torres, P.A.

Legal Counsel: 

Steven William Carta - Henderson & Carta (for Mason, Waterman Broadcasting, and MSNBC); Martin Khoury (for Mary Catherine Tourtillott)
Description

Jeffrey Lang, a Florida reconstructive and cosmetic surgeon, filed a lawsuit against reporter Michael Mason, MSNBC, its affiliate Waterman Broadcasting, and Mary Catherine Tourtillott, a former patient, for an allegedly defamatory news report that accused Lang disfiguring his patients. Lang's four-count complaint alleged defamation, false-light invasion of privacy, tortious interference, and civil conspiracy.

The disputed report aired on television in 2000, and was allegedly posted on MSNBC's website, according to the complaint. In their answer, Mason, MSNBC, and Waterman denied that the report was defamatory. Tourtillott also denied Lang's allegations in her answer.

In 2004, the trial court granted the defendants' motions to dismiss for lack of prosecution. On appeal, the ruling was reversed [2] and the case was remanded. The Florida Supreme Court denied the media defendants' petition for review [3] in 2005.

On remand in 2007, MSNBC filed a motion for summary judgment, claiming immunity under Section 230 of the Communications Decency Act. In its motion, MSNBC said the disputed report was created and posted to the site by a third party -- the Waterman-owned WBBH-TV station in Florida. 

The CMLP has not been able to determine the final outcome of the case. 

Details

Web Site(s) Involved: 

NBC-2.com [4]

Content Type: 

  • Video

Publication Medium: 

Broadcast
Website

Subject Area: 

  • Defamation
  • False Light
  • Section 230
Court Information & Documents

Jurisdiction: 

  • Florida

Source of Law: 

  • Florida

Court Name: 

20th Judicial Circuit, Lee County, Florida (trial); Florida Second District Court of Appeals (appeal)

Court Type: 

State

Case Number: 

02-CA-005053 (trial); 2D04-3687 (appeal)

Relevant Documents: 

PDF icon 2005-08-12-Lang Appellate Opinion.pdf [5]
PDF icon 2005-11-07-Lang Petition for Review by Florida Supreme Court.pdf [6]
CMLP Information (Private)

Priority: 

1-High

CMLP Notes: 

both dockets on WL -many docs available through docket and filings

appeal at 911 So.2d 167

trial opinion dismissing at 2004 WL 5706499 [7] (many documents available here)

to do:  Need to find trial after reverse and remand, not on docket on wl

7/20/09 - CMF

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Source URL (modified on 08/20/2014 - 11:09pm): https://www.dmlp.org/threats/lang-v-mason

Links
[1] https://www.dmlp.org/threats/lang-v-mason
[2] https://www.dmlp.org/sites/citmedialaw.org/files/2005-08-12-Lang%20Appellate%20Opinion.pdf
[3] https://www.dmlp.org/sites/citmedialaw.org/files/2005-11-07-Lang%20Petition%20for%20Review%20by%20Florida%20Supreme%20Court.pdf
[4] http://www.nbc-2.com/
[5] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2005-08-12-Lang%20Appellate%20Opinion.pdf
[6] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2005-11-07-Lang%20Petition%20for%20Review%20by%20Florida%20Supreme%20Court.pdf
[7] https://web2.westlaw.com/find/default.wl?tf=-1&serialnum=2018888444&rs=WLW9.06&ifm=NotSet&fn=_top&sv=Split&tc=-1&pbc=FF412576&ordoc=2018966668&findtype=Y&vr=2.0&rp=%2ffind%2fdefault.wl&mt=NewLitigator