TortsII-Defamation-Ogden_v_AssociationOfTheUSArmy by aiowmnyv

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Ogden v. Association of the US Army, US District Court, DC, 1959 What is the effect of repeated publication of a book on the Statute of Limitations? Issue Reasoning
the original common law rule would give rise to an unnecessary multiplicity of suits and would practically destroy the statute of limitation as a statute of repose in actions for libel

Rule
Old Rule: each sale and delivery of a libelous matter was a new publication and a new cause of action. New Rule: Single Publication rule: The publication of a book, periodical, or newspaper containing defamatory matter gives rise to but one cause of action in libel, and that the statute of limitations runs from that date.

Facts
In 1955, ∆ published a book containing defamatory language toward ∏. ∏ brought a suit in 1959. There is a 1 yr SoL on libel actions.

The more the copies sold the more damage ∏ can recover – In order to protect the ∏ it is not necessary to hold that every sale and delivery of an additional copy is a new publication and gives rise to a new action.

Held Procedure P argues D argues

Single Publication rule – Summary judgment granted to ∆.

SoL ran out!

Question: what is meant by: “the original common law rule would give rise to an unnecessary multiplicity of suits and would practically destroy the statute of limitation as a statute of repose in actions for libel” Question: “– In order to protect the ∏ it is not necessary to hold that every sale and delivery of an additional copy is a new publication and gives rise to a new action”

How do you protect the ∏? How can you know how many copies will be sold?


								
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