Sep. 12, 2013
Kelli L. Sager
See more on Kelli L. SagerDavis Wright Tremaine LLP | Los Angeles | Practice type: Litigation
Sager scored a big win for the Los Angeles Times when Los Angeles County Superior Court Judge James C. Chalfant ruled last month that teachers' performance ratings should be released to the paper.
The Times had sued Los Angeles Unified School District after it refused to release the ratings, which were calculated based on students' standardized test scores over a period of several years. Los Angeles Times Communications LLC v. Los Angeles Unified School District, BS139828 (L.A. County Super. Ct., filed Oct. 11, 2012).
While the district cited privacy concerns for refusing to release the information, the Los Angeles Times contended that the ratings were indeed public records.
"It's a very controversial issue on whether these 'value added' scores should be used, and different states have come to different conclusions," Sager said.
"The Times' position was that it's not a question of should or shouldn't. If they are going to be used by the district, parents and people in the community should have that information, just like LAUSD has it."
In another closely watched case, Sager is representing Electronic Arts Inc. in a lawsuit filed by former NFL player Jim Brown.
He is alleging a violation of the federal Lanham Act, based on the use of his persona in EA's "Madden NFL" games. Brown v. Electronic Arts, CV09-56675 (C.D. Cal., filed March 2009).
In July, finding in EA's favor, a 9th U.S. Circuit Court of Appeals panel held that the Madden games are entitled to the same First Amendment protection as books or plays.
But in a related case against EA, the same panel affirmed denial of a SLAPP motion brought on First Amendment grounds, and are allowing the claims to proceed. Keller v. Electronic Arts, 09-56675 (9th Cir., filed March 6, 2009).
The 9th Circuit has issued an order staying the Keller case from going forward pending EA's petition for cert to the U.S. Supreme Court, Sager added.
"These cases raise very important questions on the tension between the First Amendment and the individual's economic rights, and the courts seem to be in disagreement about how these things should be balanced."
She added, "It's very difficult for people in the content industry - video games, motion pictures, book authors - to know what they can or cannot do. Speech is often chilled because people don't want to end up in litigation. It's important to have clear lines."
- PAT BRODERICK
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