Case Results

Case Results

June 2016

United States Supreme Court

Tory v. Cochran, 544 U.S. 734 (2005). As counsel for Petitioner Ulysses Tory, victory striking down an overly broad prior restraint on speech concerning noted attorney Johnnie Cochran.

Masson v. New Yorker Magazine, 501 U.S. 496 (1991). Represented journalist Janet Malcolm in a landmark case setting the bounds of the substantial truth defense in defamation cases.

Sandin v. Conner, 515 U.S. 472 (1995). Represented inmate challenging prison disciplinary proceeding.

Citizens United v. FEC, 558 U.S. 50 (2010). Filed amicus curiae brief on behalf of the California First Amendment Coalition, arguing that federal restrictions on the political speech of independent non-profits should be lifted.

United States Court of Appeals for the Ninth Circuit - Representative Cases

Kaelin v. Globe Communications Corp., 162 F.3d 1036 (9th Cir. 1998). Landmark case holding that newspaper headlines may be defamatory

Thomas v. Los Angeles Times Communications LLC, Ninth Circuit Case No. 02-55343 (Sept. 6, 2002). The Ninth Circuit affirmed the district court's dismissal of a defamation suit under California's anti-SLAPP statute (see 189 F.Supp.2d 1005 (C.D. Cal. 2002)).

Hepting v. AT&T, Ninth Circuit Case Nos. 06-17132 and 06-17137.  Filed amici curiae brief arguing that the state secrets privilege does not bar suit against phone companies for participation in government's warrantless surveillance program.

Federal District Courts - Representative Cases

Wynn et al. v. Chanos, US District Court, N.D. California, CV 14-4329 WHO (decided 2015). Successful dismissal of a defamation claim by gambling mogul Steve Wynn against a hedge fund manager appearing at academic symposium attended by journalists. Co-counseling with the firm of Arnold and Porter. Achieved dismissal of lawsuit based on anti-SLAPP statute and award of substantial attorneys' fees. Court cited opposition counsel's statement in awarding fees: " Even Wynn characterizes Bostwick as 'one of the country's pre-eminent anti-SLAPP and defamation attorneys.'"

Representing The San Jose Mercury News in the victorious trial in a federal copyright suit against a photographer who claimed the paper had used his work without permission. Harris v. San Jose Mercury News, Case No. C 04-05262 CRB (decided 2006). The case centered on a photograph taken by the plaintiff, a photographer and photojournalism instructor, of the well-known author Walker Percy.

California Supreme Court

Balboa Island Village Inn v. Lemen, 40 Cal. 4th 1141 (2007).  Decision striking down overly broad injunction on speech.

Gates v. Discovery Communications, Inc., 34 Cal. 4th 679 (2004).  Counsel for amici curiae media companies successfully urging California Supreme Court to reject liability for publication of information about an individual's past felony.

Flanagan v. Flanagan, 27 Cal. 4th 766 (2002).  Counsel for amici curiae media companies in landmark Supreme Court decision interpreting the scope of California's eavesdropping and wiretapping statute, Penal Code S 632.

California Courts of Appeal

Lieberman v. KCOP Television, Inc., 110 Cal. App. 4th 156 (2003). Represented television station in first case to apply California's anti-SLAPP statute to claims for newsgathering.

Johnson v. Superior Court, 80 Cal. App. 4th 1050 (2000). Landmark privacy case setting the bounds of anonymity for sperm donors.

Sipple v. Foundation for Nat'l Progress, 71 Cal. App. 4th 226 (1999). Landmark case interpreting the parameters of California's anti-SLAPP statute.

California Trial Courts - Representative Cases

Roseburg Forest Products Company, Inc. v. City of Weed, Water for Citizens of Weed California, Jim Gubetta and eight other citizens of Weed.

Litigation in Siskiyou County Superior Court by Roseburg Forest Products Company seeking to quiet title to water rights to water originating on Mt. Shasta against the City of Weed and a group of nine citizens of Weed and their organization, Water for Citizens of Weed California. The plaintiff lumber company suing citizens of a small California town in Siskiyou County based on their speech and petitioning activities opposing claims by the company that it owned a portion of the town's municipal water supply, historically a subject of heated dispute. The citizens made no claims to the water rights but were merely urging their city to stand up for its rights. The lumber company was unsuccessful and was ordered to pay the citizens' attorneys' fees. Bostwick Law acted as co-counsel with The First Amendment Project, James R. Wheaton, Paul Clifford and the staff of the Project. The Citizen Defendants' counsel brought an anti-SLAAP motion to dismiss the complaint and prevailed. The defendants were, as Cal. Code Civ. Proc. §425.16 prescribes awarded attorney's fees by the court. Judicial Officer: Hon. Karen L. Dixon presiding.

Trial and Appellate Matter in Other States - Representative Cases

In the Matter of the Estate of John T. Walton, Teton County Wyoming, 9th Judicial District (2015).

Representing Bloomberg News, obtaining order to unseal substantially all of the probate file of one of the heirs of Sam Walton (WalMart), revealing financial matters in the public interest, without invading the privacy of the parties concerned.

VanderSloot v. Zuckerman, District Court of the Seventh Judicial District, State of Idaho, County of Bonneville, Case No. CV-2013-532 (2014).

Case claiming defamation against firm's client, a young reporter who appeared on the Rachel Maddow Show on MSNBC; brought by billionaire political activist, reportedly the richest person in Idaho. Companion case to Vandersloot v. Foundation for National Progress et al. for defamation against the magazine Mother Jones for reporting on VanderSloot's response to Zuckerman's prize-winning investigative report on local Boy Scouts in 2005. See the Mother Jones website post reporting the successful outcome of their suit, including a quote by Gary Bostwick.

Practice area(s): Appeals, Copyright, Intellectual Property, Litigation

Gary L. Bostwick

Gary L. Bostwick has been a trial attorney for over 40 years, and is also a certified specialist in appellate law by The State Bar of California Board of Legal Specialization. He has tried over 70 cases and been rated a "Super Lawyer" 2004 - 2018.


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