DOMINIAK v. National Enquirer
DOMINIAK v. National Enquirer
Opinion of the Court
Opinion by
This appeal involves the application of Pennsylvania’s one year statute of limitations for libel, Act of March 27, 1713, 1 Sin. L. 76, §1, 12 P.S. §31; Act of April 25, 1850, P. L. 569, §35, 12 P.S. §32, to the Uniform Single Publication Act, Act of August 21, 1953, P. L. 1242, §1 et seq., 12 P.S. §2090.1 et seq.
John Dominiak, a minor, by his guardian, filed suit against National Enquirer, Best Medium Publishing Co., Inc. and United News Company on March 15, 1965 alleging that the National Enquirer issue dated March 29, 1964 contained material defamatory to him. Appellees, Best Medium Publishing Co. and National Enquirer, moved for summary judgment on the ground that the cause of action was barred by the statute of limitations, and this motion was granted by the court below.
The court below held that “[t]he important date in this case as appears from the uncontradicted evidence on the record is March 14, 1964, which is the date on which the publication appeared for the first time in Philadelphia. Since suit was started on March 15, 1965, there can be no question but that it is barred by the Statute of Limitations.” As appellees concede, if March 14, 1964, is the date on which the one year period commenced, the conclusion of the court below is incorrect in light of Section 38 of the Pennsylvania Statutory Construction Act, Act of May 28, 1937, P. L. 1019, 46 P.S. §538, and Pa. B. C. P. 106. They would permit the filing of the action on March 15, 1965, as March 14, 1965 was a Sunday.
It is appellees’ position, however, that the crucial date is not March 14, 1964, but rather March 10, with
In analyzing this position, it is necessary to examine the conditions that led to the passage of the Uniform Single Publication Act, supina. Traditionally, the common law held that each communication of a defamatory statement created a separate cause of action. Duke of Brunswick v. Harmer, 14 Q.B. 185, 117 Eng. Rep. 75 (1849). With the development of mass media as it is known today, such a rule became anachronistic because it created the possibility that a single defamatory statement would give rise to millions of causes of action. “From the sheer necessity thus created, and from a recognition that mass communication of a single defamatory communication, for practical purposes, constitutes a single wrong, the courts have developed a theory of a ‘single publication’ as one composite tort which embraces all the acts involved in the printing and distribution of a newspaper or magazine to its millions of readers in many jurisdictions.” 1 Harper and James, The Law of Torts, §5.16 at 394-395. In many states the single publication rule has been adopted as part of the common law. Wolfson v. Syracuse Newspapers, Inc., 254 App. Div. 211, 4 N.Y.S. 2d 640 (1938), aff’d 279 N.Y. 716, 18 N.E. 2d 676 (1939);
The section of the statute applicable to this appeal is Section 1, 12 P.S. §2090.1, which states in pertinent part: “No person shall have more than one cause of action for damages for libel... or any other tort founded upon any single publication . . . such as any one edition of a newspaper. . . . Recovery in any action shall include all damages for any such tort suffered by the plaintiff in all jurisdictions.” It is the position of appellees that “the single publication rule centers on the principles that a single issue of a magazine or newspaper, although that issue consists of thousands of copies widely distributed, is in legal effect one publication which gives rise to but one cause of action for libel, and that the single cause of action accrues at the time of first publication.” Therefore, their argument is directed to the problem of what day was the day of first publication for purposes of the statute, for it is their contention that it is on that day that the one year period commenced.
It is true, as appellees contend, that a number of cases hold that the Statute of Limitations begins to run as to the single cause of action on the date of initial publication. Buckley v. New York Post Corporation, 373 F. 2d 175 (1967) ; Zuck v. Interstate Publishing Corp., supra; Hartmann v. Time, supra; Kilian v. Stackpole Sons, Inc., 98 F. Supp. 500 (M.D. Pa. 1951). All of those cases, however, were interpreting the common law, and there is only one case, Belli v. Roberts Brothers Furs, 240 C.A. 2d 284, 49 Cal. Rptr. 625 (App. 1966), which has given this interpretation to the Uniform Single Publication Act.
We find that neither the wording of the statute nor the policy behind it requires a holding that the period
The problem with the theory presented by the appellees is the potential for abuse it creates. An unscrupulous publisher might print a defamatory article about a Californian and distribute a few copies in New York; the plaintiff might well feel that the time and expense involved did not warrant the filing of an action; then after the one year period was over (assuming California has a one year period also) the publisher could flood California and the rest of the country with the article and, under appellees’ theory, face no threat of liability. See Winrod v. McFadden Publications, 62 F. Supp. 249, 251 (N.D. Ill. 1945) ; Hartmann v. American News Co., 69 F. Supp. 736, 738-39 (W.D. Wis. 1947); Note, The Single Publication Rule in Libel : A Fiction Misapplied, 62 Harv. L. Rev. 1041, 1043-44 (1949). The interpretation we are giving the statute, as far as policy considerations are concerned, properly balances the interests of the plaintiff and defendant and eliminates the possibility of such abuse.
The wording of the statute permits such an interpretation, Section 1, 12 P.S. §2090.1, states “No person shall have more than one cause of action for damages for libel ... or any other tort founded upon any single publication . . . .” (Emphasis supplied). A defamed person has many causes of action; the statute merely says he has one cause of action for damages. Nowhere does it state that that cause of action for damages (and the Statute of Limitations) must run from the time of the initial publication.
As appellant filed suit on March 15, 1965, he is entitled (assuming the article was defamatory) to prove the damages he suffered as a result of publications after March 15, 1964.
The order of the court below is reversed.
This Court discussed the Uniform Single Publication Act in Gaetano v. Sharon Herald, Company, 426 Pa. 179, 231 A. 2d 753 (1967), but in that case the question centered on the proper Tenue for the action.
Concurring Opinion
Concurring Opinion by
We are here concerned with the interplay between two rules of law applicable in defamation cases: the one year statute of limitations, meant to guard against the presentation of stale claims; and the single publication rule, meant to prevent a multiplicity of suits. Sound reasons of public policy support them both. Yet, if construed in too literal a fashion, the combined effect of these rules can yield a result which is unduly harsh and unsupported by any rational policy considerations.
In the instant case we must decide when the statute of limitations began to run. I quite agree with the majority that neither the wording nor the policy behind either rule “requires a holding that the period of limitations begins to run from the time of the first publication.” However, I do not believe it wise to permit a defamation plaintiff to choose any sale or publication as the one which represents his single cause of action. The dissemination of any one given publication can cover a period of several months or perhaps years; to permit a suit to be based on any one of the many “publications” which can occur during the course of such distribution would defeat the salutary purposes of the one year statute of limitations and the single publication rule.
Applying such a standard to the instant case I believe that the statute of limitations began to run no earlier than March 14, 1964, the date of the first major distribution in Philadelphia.
In a dated publication tbe date assigned by the publisher might well control the running of the statute, especially where that date might have misled the plaintiff into believing that the statutory period had not yet run.
Concurring Opinion
Concurring Opinion by
The single publication rule developed at common law and adopted by statute in this Commonwealth limits a plaintiff to a single cause of action for damages resulting from the publication of defamatory material. The problem in this case is one of determining for the purposes of the statute of limitations which act of publication is to be the “single publication” upon which the cause of action arises. I agree with the majority opinion that there is nothing in the Uniform Single Publication Act which states that the period of
It is my view that the first publication of the alleged defamation in the state in which suit is brought should be taken as the single publication and so mark the date from which the statute runs. Such a rule would, I believe, provide the plaintiff with adequate flexibility; the action being transitory, the jurisdiction sued in would be a matter of plaintiff’s choice, reflecting his calculation of the convenience of the forum, the extent of the damages,
Such a rule would equally serve the defendant’s legitimate interest in certainty, an interest which is reflected in Pennsylvania’s one-year statute of limita
If the rule as here suggested be applied to the facts of this case, there is no difficulty in concluding that the first act of publication in this state occurred on March 14, 1964. The parties do not disagree that this was the date upon which the alleged defamatory ma
Under the rule here suggested, the damages suffered in all jurisdictions would necessarily have to be computed from the date of “single publication,” i.e., the date of first publication in the jurisdiction of suit.
The rule here advocated would not cover the unlikely situation of a suit in Pennsylvania with respect to a libel which had never been published in Pennsylvania. In such a case, the Pennsylvania courts, applying the normal principles of conflict of laws, would have to look to the law of the place where the publication declared upon occurred to determine if it is a “single publication” state, either by common law or statute, and then apply the law of that jurisdiction as to whether the asserted cause of action is based on the correct publication. The statute of limitations to be applied in such a case would be that of the forum state, viz., Pennsylvania, subject of course to the possible application of the Pennsylvania “borrowing” statute, Act of June 26, 1895, P. L. 375, §1, 12 P.S.
Reference
- Full Case Name
- Dominiak Et Al., Appellants, v. National Enquirer
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- 27 cases
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- Published