Berlinger Receives Final Court Order from Appeals Court

As you may have read over the last 24 hours, late yesterday afternoon, a three-judge panel of the US Court of Appeals for the Second Circuit modified a lower court order that had required CRUDE’s director Joe Berlinger to turn over all of his raw film footage to Chevron Corp.  Please see below for a compilation of some of the most recent articles on the court’s decision and CLICK HERE to read the order.

Berlinger’s attorney Maura Wogan says that “while we await the appeals court’s formal legal opinion on the journalist’s privilege, this interim order does substantially limit Judge Kaplan’s decision and place restrictions on Chevron,” interpreting this verdict as a “win for Joe Berlinger, journalists, and documentarians everywhere,” as the lower court order would have required Berlinger to produce more than 600 hours of raw film footage, whereas under the appeals court order, Berlinger will produce only unused footage that falls into specific categories.

Berlinger articulates a similar sense of victory, stating:

“Since the court issued its order without yet a corresponding opinion, I must reserve my full analysis of the results until the three-judge panel’s opinion is rendered.  However, I can say that we are extremely pleased with today’s results.  The appeals court has substantially limited Judge Kaplan’s overbroad order, which was the main thrust of our appeal.  Furthermore, the court has expressly prohibited Chevron from using any footage we do turn over in their public relations campaigns, a goal that was extremely important to me.

I am gratified that by adhering to the basic standards of the journalist’s privilege articulated in the previous precedent setting case Gonzalez vs. NBC, the appeals court for the Second Circuit has affirmed that documentary filmmakers are no different than any other journalists deserving First Amendment protection.

I am deeply grateful for the tremendous outpouring of support that the artistic, filmmaking, legal, media and journalist communities have shown towards this case in the past three months.  It was precisely this support that gave me and my legal team at Frankfurt, Kurnit, Klein & Selz the strength to stand up for these very important foundations of American democracy.”

We thank you once more for your persistence interest, passion, and support throughout this monumental fight.

-Joe Berlinger & Team CRUDE

Appeals Court Rules Filmmaker Must Give Some Footage to Chevron

By Dave Itzkoff for The New York Times

July 15, 2010

CRUDE Director Must Hand Over Some Outtakes to Chevron, Appeals Court Rules

By John Horn for The Los Angeles Times

July 15, 2010

Filmmaker Must Turn Over Chevron-Ecuador Footage

By Chad Bray for The Wall Street Journal

July 15, 2010

Court Rules Chevron Must Get Some Film Outtakes

Reuters

July 15, 2010

New York Court Limits What Filmmaker Must Give Chevron

By Larry Neumeister for The Associated Press

July 15, 2010

CRUDE Director to Hand Over Limited Footage

By  Ted Johnson for Variety

July 15, 2010

“Limited Victory” for Berlinger in CRUDE Case

By Brent Lang for The Wrap

July 15, 2010

Tentative Ruling Requires CRUDE Filmmaker to Turn Over Footage

By Matthew Belloni for The Hollywood Reporter

July 15, 2010

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