COHEN V. COWLES MEDIA COMPANY
457 N.W.2d 199 (1990)
NATURE OF THE CASE: This was a dispute over a breach of anonymity. Cohen (P) appealed
from a judgment of the court of appeals, dismissing P's fraudulent misrepresentation action
and allowing a breach of contract claim; P claimed that Cowles (D) broke promises of
anonymity.
FACTS: Cohen (P) came to newspaper reporters Sturdevant (Star Tribune) and Salisbury
(Pioneer Press) and gave them information about the criminal troubles of one of the
candidates for lieutenant governor. P did so on the assurances that both would keep their
source confidential. Neither reporter informed P that their promises of confidentiality were
subject to the approval of their editor. Both reporters jumped on the case and interviewed
the candidate. The Star also assigned another reporter who independently discovered P's role
in bringing the criminal records out of storage. P's name was published in connection with
the leaks to the press the very next day. P sued. The trial court ruled that the first
Amendment did not bar P's contract and misrepresentation claims. P won the verdict of
$200,000 and $250,000 in punitives. The court of appeals set aside the punitives as the
misrepresentation claim had not been proven as a matter of law. The $200,000 award for
compensatory damages was upheld. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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