Ogden v. Association of the United States Army

United States District Court for the District of Columbia · 1959 · Torts

177 F. Supp. 498 (1959)

Updated July 23, 2026

TortsLibelStatute of LimitationsSingle Publication Ruledefamationsingle publicationbooksnewspaper

Facts

Pursuant to a contract with the United States, the defendant published a book entitled "Combat Actions in Korea." The book contained adverse criticisms of the handling of a platoon that the plaintiff was said to have commanded, and the plaintiff alleged those statements were defamatory. The book was published in November 1955, and the plaintiff filed this action on June 25, 1959. The timeliness of the suit depended on whether later individual sales of copies within the year before suit created new causes of action.

Issue

In a libel action, does each sale or delivery of a copy of a book, newspaper, or periodical containing defamatory matter create a separate cause of action, or does only one cause of action arise at the time of the original publication? Specifically, should the District of Columbia adopt the modern single publication rule for statute of limitations purposes?

Rule

Under the single publication rule, the publication of a book, periodical, or newspaper containing defamatory matter gives rise to only one cause of action for libel, which accrues at the time of the original publication, and the statute of limitations runs from that date. Later sales or deliveries of copies of the same publication do not create new and independent causes of action.

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In Chicago, Red Maple Press released a hardcover history book on March 1, 2022. The book allegedly defamed Elena Park, and copies from that same printing continued to be sold by bookstores through April 2023. Elena filed a libel action on May 10, 2023, in a jurisdiction that follows the District of Columbia rule described in the opinion.

When did Elena's cause of action accrue for statute-of-limitations purposes?

Explanation. Under the single publication rule, a defamatory book gives rise to one cause of action that accrues when the finished product is originally released to the public. Later sales of copies from that same publication do not create new causes of action or restart limitations.