Law Commons^™

Braun V. Soldier Of Fortune Magazine, Inc.: Advertisement For Hit Man Brings Four Million Dollar Hit To Publisher, Mae Charles Babb

Mercer Law Review

In Braun v. Soldier of Fortune Magazine, Inc., the Eleventh Circuit affirmed a district court's holding that the First Amendment does not insulate a magazine publisher from liability for publishing a commercial advertisement that presents a substantial danger of harm to the public. In adopting this affirmative duty to examine an advertisement's language, the court imposed tort liability on Soldier of Fortune Magazine ("SOF") for the criminal acts of its advertiser, a third party not joined in the suit. This decision strikes the correct balance between preserving the free flow of commercial information through advertisement with the need to …

Lackey V. Mcdowell: The Effect Of Releases On Non-Parties Under Georgia Law, Roland F. Hall

Mercer Law Review

In Lackey v. McDowell, the Supreme Court of Georgia modified *its previous decisions on the effect of a release on non-parties to the release. In reversing the court of appeals, the court held that "only those parties named in the release will be discharged by that instrument." Previous decisions required that parties to a release had to intend to discharge the non-party seeking coverage under the release.

For plaintiffs attempting to release only one of several tortfeasors, the effect of releases on non-parties is a critical issue, especially since standard release forms commonly contain language purporting to discharge all …