Brief Cohen v. Cowles Media
Páginas: 2 (283 palabras)
Publicado: 27 de septiembre de 2011
PARTIES
Plaintiff Dan Cohen
Defendant Cowles Media Company
ISSUES The breach of reporter promise of anonymity to a news source legally enforceable a promissoryestoppel? YES
ARGUMENTS OF PLAINTIFF
Cohen argues a breach of contract and that it would be a unjust for the law to countenance, at least in this instance, the breaking thepromise to keep cohen's identity confidential that experts, stress the ethical importance of keeping promises of confidentialy. It is long-standing journalistic tradition that Cohen,who has worked in journalism, relied upon in asking for and receiving a promise of anonymity but the newspapers' editors overruled these promise and when the stories werepublished, Cohen was fired by his advertising firm.
ARGUMENTS OF DEFENDANT
The newspapers argue it is unjust to be penalized for publishing the whole truth
PROCEDURE
Thejury awarded Cohen $200,000. in compensatory damages, but the Supreme Court of Minnesota held that, though the papers may have had a moral and ethical commitment to keep theirsource anonymous, the parties were not thinking in terms of a legally binding contract. It also held that to allow Cohen to reover under the doctrine of premissory estoppel wouldviolate the papes' First Amendment rights .
STATE HOLDING OF COURT
The court affirmed the decision of the intermediate appellate court on remand, but on the basis ofpromissory estoppel.
STATE RATIONAL OF COURT
In view of the of the defendant concurrence in the importance of honoring promises of confidentiality, in this case to break thatpromise, the resultant harm to Cohen requires a remedy here to avoid an injustice. The court affirm verdict in favor of new source for compensatory damages in the amount of $200,000.
Plaintiff Dan Cohen
Defendant Cowles Media Company
ISSUES The breach of reporter promise of anonymity to a news source legally enforceable a promissoryestoppel? YES
ARGUMENTS OF PLAINTIFF
Cohen argues a breach of contract and that it would be a unjust for the law to countenance, at least in this instance, the breaking thepromise to keep cohen's identity confidential that experts, stress the ethical importance of keeping promises of confidentialy. It is long-standing journalistic tradition that Cohen,who has worked in journalism, relied upon in asking for and receiving a promise of anonymity but the newspapers' editors overruled these promise and when the stories werepublished, Cohen was fired by his advertising firm.
ARGUMENTS OF DEFENDANT
The newspapers argue it is unjust to be penalized for publishing the whole truth
PROCEDURE
Thejury awarded Cohen $200,000. in compensatory damages, but the Supreme Court of Minnesota held that, though the papers may have had a moral and ethical commitment to keep theirsource anonymous, the parties were not thinking in terms of a legally binding contract. It also held that to allow Cohen to reover under the doctrine of premissory estoppel wouldviolate the papes' First Amendment rights .
STATE HOLDING OF COURT
The court affirmed the decision of the intermediate appellate court on remand, but on the basis ofpromissory estoppel.
STATE RATIONAL OF COURT
In view of the of the defendant concurrence in the importance of honoring promises of confidentiality, in this case to break thatpromise, the resultant harm to Cohen requires a remedy here to avoid an injustice. The court affirm verdict in favor of new source for compensatory damages in the amount of $200,000.
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