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Brown & Williamson Tobacco Corp. v. Wigand

Citations: 228 A.D.2d 187; 643 N.Y.2d 92; 643 N.Y.S.2d 92; 24 Media L. Rep. (BNA) 2055; 1996 N.Y. App. Div. LEXIS 6383

Court: Appellate Division of the Supreme Court of the State of New York; June 6, 1996; New York; State Appellate Court

Narrative Opinion Summary

In this case, the plaintiff, a tobacco corporation, sought disclosure of unpublished materials from a CBS '60 Minutes' interview in relation to a lawsuit against a former employee. The primary legal issue was whether these materials were critical or necessary to the plaintiff's case. The court determined that the plaintiff failed to demonstrate the necessity of the materials, as sufficient evidence of confidentiality breaches was already available from public sources. The plaintiff's argument for additional documents to quantify damages was rejected for being vague. Furthermore, the court did not address the availability of information from alternative sources, as the plaintiff did not satisfy the initial prongs of the legal test. The court dismissed other arguments presented by the plaintiff as lacking merit. The decision was concurred by several judges, affirming the dismissal of the plaintiff's request for disclosure. Ultimately, the court's ruling left the plaintiff without access to the requested media materials, impacting their strategy in the underlying lawsuit.

Legal Issues Addressed

Alternative Sources of Information

Application: The court did not address the issue of information availability from alternative sources due to the plaintiff's failure to meet other prongs of the test.

Reasoning: Consequently, the court did not address whether B&W had satisfied the third prong of the relevant legal test regarding the availability of information from alternative sources.

Credibility of Adversary

Application: The court noted the adversarial position and alleged lack of credibility of defendant Wigand but did not find it sufficient to grant disclosure.

Reasoning: Particularly given Wigand's status as B&W's adversary and his alleged lack of credibility.

Disclosure of Media Materials

Application: The court held that the plaintiff did not demonstrate the necessity of disclosing media materials from CBS '60 Minutes' for their case.

Reasoning: Plaintiff Brown and Williamson Tobacco Corporation (B&W) has not successfully demonstrated that the requested materials related to the CBS '60 Minutes' interview are entitled to disclosure.

Relevance and Necessity Standard

Application: The court found that the plaintiff failed to prove that the outtakes and unpublished materials were critical or necessary, as they had sufficient evidence from public sources.

Reasoning: The court found that B&W failed to prove that the sought-after outtakes and unpublished materials are 'critical or necessary' for their case, as they already possess sufficient evidence regarding breaches of confidentiality from publicly available tapes of the interview.

Vagueness in Quantifying Damages

Application: The court rejected the plaintiff's argument for additional documents to quantify damages due to lack of specificity.

Reasoning: B&W's assertion that additional documents are needed to quantify damages was deemed too vague to satisfy the required standard.