Attorney Cynthia Lynn Counts's Legal Cases

Communications and media

Quashed Attempt to Compel Reporters' Testimony

Mar 09, 2018

OUTCOME: Motion to quash granted

State v. McIver (Superior Court of Fulton County, State of Georgia, Criminal Case No. 17SC153902, 2018). Filed motions to quash and successfully argued that reporters should not have to testify at hear ... ings in high-profile murder trial supported by the reporter's privilege on behalf of reporters from FOX 5 and the Fulton County Daily Report. The Judge ruled that the reporters would not be excluded by the rule of sequestration and ultimately refused to allow the prosecution to call the reporters to the stand. After counsel was told to come back to court for a second hearing, the Court encouraged the State to pay the media companies attorney fees for "having wasted" counsel's time.

Libel and slander

Significant Appellate Decision Affirming Grant of Summary Judgment in Libel Case

Oct 27, 2017

OUTCOME: Affirmed Summary Judgment

Ladner v. New World Communications of Atlanta, Inc., A17A0883, 2017 WL 4856321 (Ga. Ct. App. Oct. 27, 2017). Obtained significant appellate decision affirming grant of summary judgment because plaintif ... f failed to create a jury question on actual malice. The court held that although the plaintiff did not comment on the public controversy at issue, his “conduct” in “rais[ing] his public profile” made him a limited purpose public figure required to prove actual malice by clear and convincing evidence. The court held that the plaintiff could not meet this “extremely high” burden as a matter of law due to the “extent of [the reporter’s] investigation and his reporting of [the plaintiff’s] explanations” and “opposing view[].”

Libel and slander

Defamation Claim Against Cox Communications In Nevada Dismissed

Jan 01, 2017

OUTCOME: Dismissed with prejudice

Wilson v. Web Express LLC (District Court of Nevada. Eighth Judicial District Court Clark County, 2017). Civil Action WL114542. Prevailed on a motion to dismiss in the Nevada District Court arguing tha ... t Cox Communications was immune from liability under the Communications Decency Act (“CDA”) for passively hosting websites containing information regarding an expunged criminal conviction. CDA 230 holds that online intermediaries that host or republish speech are not legally responsible for what other publishers say or do.

Libel and slander

Gauthier v. Vaughn

Jan 01, 2017

OUTCOME: Libel claim dismissed

(Ga. Superior Court, Forsyth County, 2017). Civil action 16CV-21633. Used amended Georgia anti-SLAPP statute to secure early stage dismissal of libel complaint in which plaintiff alleged that defendant ... ’s notification to insurance company about possible arson in a house fire constituted defamation.

Libel and slander

Website Defamation Claim Against Cox Communications In Michigan Dismissed

Jan 01, 2017

OUTCOME: Dismissed with prejudice

John Doe v. Perfect Privacy LLC (Michigan 7th Circuit Court, 2017) Case No. 17-108537-CZ. Prevailed on a motion to dismiss in the Michigan Circuit Court arguing that Cox Communications was immune from ... liability under the Communications Decency Act (“CDA”) for passively hosting websites containing information regarding an expunged criminal conviction. Court found that all of Plaintiff’s claims against Cox were barred by Section 230 of the CDA and dismissed them with prejudice.

Libel and slander

Ladner v. New World Communications of Atlanta, Inc.

Jan 01, 2016

OUTCOME: Summary judgment in favor of client

(Ga. State Court, DeKalb County, 2016). Civil Action No. 14A50915-1 Obtained summary judgment for television news station and reporter following a veteran’s claim of defamation and libel after station ... reported veteran had lied about receiving a Purple Heart.

Libel and slander

Nedra Dodds v. Adam Murphy, CBS46, Channel 2 Action News, and Unknown John Does

Jan 01, 2015

OUTCOME: Libel claim dismissed

An anti-SLAPP defense mounted by the Counts Law Group on behalf of our broadcast clients led to the early dismissal of a physician’s libel claim that investigative television news coverage of the death ... s of several of her cosmetic surgery patients was the reason her license was suspended. The trial court agreed with our contention that the news reports met both the “commenting” and “petitioning” speech provisions of the anti-SLAPP statute and dismissed the claim.

Civil rights

State of Georgia v. Kenneth Ray Chiavone

Jan 01, 2015

OUTCOME: Charges against client dismissed

Our client was accused of disorderly conduct following a verbal confrontation with his neighbors, who recorded the interaction, which included profanities, on video. Counts Law Group successfully argue ... d that the statements did not rise to the level of "fighting words" as required by the statute, and the charges were dismissed.

Libel and slander

Mickey Wright, Jr. v. Kimberly Michelle Pate, et al.

Jan 01, 2015

OUTCOME: Summary judgment in favor of client

A singer and cast member of a reality television show that documents the lives of performers trying to “make it” in the music industry was sued for defamation by her former manager regarding comments t ... hat were broadcast on the show about their personal and professional relationship several years before the show began. Counts Law Group represented Ms. Pate and, working with co-counsel, was granted summary judgment after uncovering “tweets” and other evidence supporting Ms. Pate’s account and establishing early on that the plaintiff was a public figure and thus subject to the constitutional “actual malice” standard.

Libel and slander

Gabriela Gonzalez-Lamberson v. Davis Broadcasting Company

Jan 01, 2015

OUTCOME: Summary judgment in favor of client

Our clients were two radio program hosts and the station that aired their program, a satirical show that discussed issues particularly relevant to an Hispanic audience. They were sued in a defamation a ... nd false light claim brought by the executive director of an agency that has provided essential services to the Mexican consulate in Atlanta and to Mexican nationals in three southern states. A Gwinnett County State Court Judge granted our early motion for summary judgment and dismissed the claim, finding that the jokes about the Plaintiff were constitutionally protected satire and that the Plaintiff was a limited purpose public figure and could not show actual malice.

Cynthia Lynn Counts's Legal Cases (50)

Quashed Attempt to Compel Reporters' Testimony

Significant Appellate Decision Affirming Grant of Summary Judgment in Libel Case

Defamation Claim Against Cox Communications In Nevada Dismissed

Gauthier v. Vaughn

Website Defamation Claim Against Cox Communications In Michigan Dismissed

Ladner v. New World Communications of Atlanta, Inc.

Nedra Dodds v. Adam Murphy, CBS46, Channel 2 Action News, and Unknown John Does

State of Georgia v. Kenneth Ray Chiavone

Mickey Wright, Jr. v. Kimberly Michelle Pate, et al.

Gabriela Gonzalez-Lamberson v. Davis Broadcasting Company