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Price v. Time, Inc.

416 F.3d 1327 (2005)

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Price v. Time, Inc.

United States Court of Appeals for the Eleventh Circuit

416 F.3d 1327 (2005)

Facts

Reporter Don Yaeger wrote a story for Sports Illustrated, a publication of Time, Inc. (defendant), after receiving information from a confidential informant about alleged misconduct by college football coach Michael Price (plaintiff) at a strip club. Price sued Sports Illustrated and Yaeger for defamation and sought the identity of the confidential source. In the discovery process, Yaeger named four involved women. These women were likely to know the identity of the informant, and any one of the four might have been the informant herself. Price deposed certain witnesses but did not depose any of the four women. Price argued that the women might lie in their depositions. The court asked defense counsel what he would do if the person he knew to be the confidential source stated under oath she was not the informant. Defense counsel asserted that he would inform the district court that the testimony was false pursuant to his duty as an officer of the court. Price moved the court to compel the disclosure of the confidential informant’s identity. The district court issued an order to disclose.

Rule of Law

Issue

Holding and Reasoning (Carnes, J.)

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