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Defamation Law
 
Robin Vann v. Cheswold Delaware Town Council

Former Cheswold Police Chief Robbin Vann sued the Town Council of Cheswold on a wrongful termination, breach of contact and defamation theories claiming that he was fired in violation of the state Whistleblower Protection Act. Vann claimed that he was fired because he had contacted state police and the Department of Justice with an allegation that Edward Ryan, the town's first city manager, had f... More...   $290000 (10-31-2009 - DE)

Michael Westergren v. Bruce Olson

Senior District Judge Michael Westergren sued Bruce Olson on a defamation theory claiming that Defendant read complaints made by a former college employee about him on a November 2006 radio show that were not true.

Defendant claimed that the statements were true and further claimed that he had the right to repeat the allegations even if they were not true because Plaintiff was a public figu... More...
   $10000 (10-31-2009 - )

James Siracusano v. Matrixx Initiatives, Inc.

Matrixx Initiatives, Inc. (“Matrixx”) is a pharmaceutical company that sells cold products through its wholly-owned subsidiary, Zicam, LLC. One of its main products is Zicam Cold Remedy, which comes in several different forms.1 Plaintiffs-Appellants are lead plaintiff, NECA-IBEW Pension Fund, and named plaintiff, James Siracusano, in a class action brought against Matrixx and three Matrixx exe... More...   $0 (10-30-2009 - AZ)

Joseph Kamelgard v. Jerzy Macura

The plaintiff, a bariatric surgeon who lives and practices in New Jersey, brought this diversity suit in the federal district court in Chicago. He claims to have been defamed by the defendant, another bariatric surgeon, who practices in New York. The district judge dismissed the suit without prejudice, on the ground that venue in Chicago was improper, and the plaintiff appeals. The defendant cross... More...   $0 (10-23-2009 - )

Mark A. Pallotino, Sr. v. City of Rio Rancho, et al.

Mark A. Pallotino, Sr. and Mark S. Pallotino, Jr. appeal from the district court’s judgment entered in favor of defendants. Because the district court has not disposed of all of the federal claims presented by plaintiffs in their complaint, we must dismiss the appeal for lack of jurisdiction and remand to the district court for further proceedings.

I. Background

The main issue rele... More...
   $0 (10-20-2009 - NM)

George Milam Hall v. Douglas P. Witteman

George Milam Hall submitted to a local newspaper, the Coffey County Republican (“The Republican”), an advertisement opposing the election bid of Judge Phillip M. Fromme. He paid to have the ad run on two occasions. The paper ran the ad the first time but not the second, instead running an ad supporting Judge Fromme, which was paid for and signed by a number of attorneys, including Coffey Count... More...   $0 (10-19-2009 - KS)

Jerri Blount v. Joseph Stroud, and Jovon Broadcasting, WJYS-TV 62/34

Following a jury trial, defendants Jovon Broadcasting and Joseph Stroud, the owner and operational manager of Jovon Broadcasting, were found liable for retaliation against plaintiff Jerri Blount, a former employee of Jovon Broadcasting. The jury awarded Blount a total of $3,082,350 in damages, which was comprised of $257,350 for back pay, $25,000 for physical and/or emotional pain and suffering, a... More...   $0 (10-16-2009 - IL)

Thomas Williams and Sanford Kelsey v. Kelly Eugene Tharp and Papa John's U.S.A., Inc.

This appeal challenges the trial court's grant of summary judgment which found privi-leged a restaurant employee's statements to a passerby and a police officer that a customer had "pulled a gun" inside the store. The plaintiffs, Sanford Kelsey and Thomas Williams, respective-ly, the suspected gun carrier and his companion (neither of whom actually had a gun), sued the restaurant operator, Papa Jo... More...   $0 (10-13-2009 - IN)

David D. Beal, et al. v. David A. McGuire, et al.

Six members of a joint venture sued two other members, primarily claiming breaches of fiduciary duties. The joint venture, most of whose members were Anchorage physicians, owned a medical services condominium on Laurel Street and leased it out for use as an ambulatory surgical center. The plaintiffs claimed in part that the joint venturer defendants and others were liable for moving the surgical c... More...   $0 (10-08-2009 - AK)

Rodney Thornton, Richard Thornton, Jr. d/b/a Eagle Drilling v. Quicksilver Resources

Rodney Thornton, Richard Thornton, Jr. d/b/a Eagle Drilling sued Quicksilver Resources and Jeff Cook on a defamation theory claiming that Quicksilver made numerous false and material misrepresentations about them and Eagle relating to drilling work performed by Eagle in North Texas.

Quicksilver and Cook denied that they had attempted to defame Eagle Drilling or the Thorntons. ... More...
   $22000000 (10-03-2009 - OK)

Albert Synder v. Fred W. Phelps, Sr., et al.

In June 2006, Albert Snyder instituted this diversity action in the District of Maryland against Westboro Baptist Church, Incorporated (the "Church"), and several of its members (collectively, the "Defendants"). Snyder’s lawsuit is predicated on two related events: a protest the Defendants conducted in Maryland near the funeral of Snyder’s son Matthew (an enlisted Marine who tragically died in... More...   $0 (10-03-2009 - MD)

Patricia Vice and Kathie Slotter v. Daniel J. Kasprzak, Patricia C. Kasprzak, and Katherine D. Kasprzak

In this defamation suit, appellants, Patricia Vice and Kathie Slotter, bring an interlocutory appeal challenging the trial court's order that denied their summary judgment motion in favor of the appellees, Daniel J. Kasprzak, Patricia C. Kasprzak, and Katherine D. Kasprzak. In nine issues, Vice and Slotter argue that the trial court erred in denying summary judgment on three publications because (... More...   $0 (10-01-2009 - TX)

Albert Snyder v. Fred W. Phelps, Sr.; Westboro Baptist Chruch, Inc.; Rebekah A. Phelps-Davis; Shirley L. Phelps-Roper

In June 2006, Albert Snyder instituted this diversity action in the District of Maryland against Westboro Baptist Church, Incorporated (the "Church"), and several of its members (collectively, the "Defendants"). Snyder’s lawsuit is predicated on two related events: a protest the Defendants conducted in Maryland near the funeral of Snyder’s son Matthew (an enlisted Marine who tragically died in... More...   $0 (09-25-2009 - MD)

Selepro, Inc. v. John Church, J Co Solutions, Inc., et al.

A plaintiff corporation appeals an adverse summary judgment in favor of two of three defendants. The main issue raised is whether a dissolved foreign corporation can continue to maintain an action in Florida as part of “winding up” its business. We find the answer is statutorily controlled and the answer is yes. We therefore reverse and remand the case for further proceedings.

The pla... More...
   $0 (09-23-2009 - FL)

Walnut Street Associates, Inc. v. Brokerage Concepts, Inc. and Kimberly Macrome

¶ 1 Appellant, Brokerage Concepts, Inc. (“BCI”), appeals from the October 31, 2007 order denying its post-trial motions for judgment notwithstanding the verdict or a new trial and entering judgment in favor of Appellee, Walnut Street Associates, Inc. (“Walnut Street”). After careful review, we conclude that in accordance with the Restatement (Second) of Torts § 772(a), true statements ma... More...   $0 (09-22-2009 - PA)

Bruce Tichinin, et al. v. City of Morgan Hill

In 2004, the Morgan Hill City Council adopted a resolution that condemned Bruce Tichinin, a local attorney, for hiring a private investigator to conduct surveillance of the city manager and then denying that he had done so. Thereafter, Tichinin filed an action against the City under 42 United States Code section 1983 (hereafter “1983 action”) alleging that the City unlawfully retaliated agains... More...   $0 (09-22-2009 - CA)

Diane Nameth, Judy Hudak and Mary Jo Keane v. Thomas Webe

Former St. Bernadette teachers Diane Nameth, Judy Hudak and Mary Jo Keane sued the Rev. Thomas Webe, the school's principal, on defamation theories claiming that Defendant trampled their reputations in meetings and in newsletters to parishioners to justify the firings. Defendant terminated Plaintiffs' contracts with the school at the end of his first year as principal of the school. The three had... More...   $675000 (09-12-2009 - OH)

R. Greg Cory v. Allstate Insurance

Plaintiff-appellant R. Greg Cory filed suit against Allstate Insurance Company and Allstate Financial Services, LLC (collectively, “Allstate”) for, among other claims, breach of implied contract and defamation. The district court dismissed the implied contract claim under Fed. R. Civ. P. 12(b)(6) and entered summary judgment against him on the defamation claim. Mr. Cory appeals. We have jurisd... More...   $0 (09-09-2009 - NM)

Dr. Harold L. Kennedy v. Times Publishing Co. d/b/a St. Petersburg Times

Dr. Harold L. Kennedy sued the Times Publishing Co. d/b/a St. Petersburg Times on defamation theories claiming that three articles the Times ran in December 2003 falsely implied that he engaged in corruption, theft and malfeasance, which damaged his reputation.

Defendant alleged truth in defense against the claims.... More...
   $10000000 (09-04-2009 - FL)

Lori L. Maypark v. Securitas Security Services, USA, Inc.

Securitas Security Services USA, Inc. appeals judgments awarding money damages for severe emotional distress caused by its negligent training and supervision of its employee, Troy Schmidt. Securitas argues it was not negligent because it was not foreseeable that allowing its employees to access the internet would create an unreasonable risk of harm to others. Securitas also contends public polic... More...   $0 (09-01-2009 - WI)

Paris Hilton v. Hallmark Cards

We must decide whether California law allows a celebrity to sue a greeting card company for using her image and catchphrase in a birthday card without her permission.

I Paris Hilton is a controversial celebrity known for her lifestyle as a flamboyant heiress. As the saying goes, she is “famous for being famous.”

She is also famous for starring in “The Simple Life,” a socalled... More...
   $0 (09-01-2009 - CA)

David C. Davidson v. Seneca Crossing Section II Homeowner’s Association, Inc., et al.

Appellant, David S. Davidson, initiated this litigation by filing suit against appellees, Seneca Crossing Section II Housing Association, Inc. (“the Association”), Azadeh Kaider (“Azadeh”), Brian Kaider (“Brian”), Lourdes Sandoval (“Lourdes”), and Santiago Sandoval (“Santiago”).1 The individual appellees are past and present members of the Association’s Board of Directors. Th... More...   $0 (08-31-2009 - MD)

M.P. v. City of Sacramento

Not all of the opinions of the California Supreme Court have stood the test of time.1 So it may be with respect to an issue raised in this case.

During the Porn Star Costume Ball at a Sacramento hotel in 2004, a Sacramento Fire Department Captain allegedly allowed firefighters to attend the event and even to drive a fire truck there and use it to “pick up” women.

The situatio... More...
   $0 (08-31-2009 - CA)

Gary Iskowitz v. Georges Marciano

Gary Iskowitz, Teri Iskowitz and Carolyn Malkus sued Georges Marciano on defamation theories claiming that defendant tried to ruin plaintiffs' reputation beginning in 2006 after Mr. Iskowitz investigated and found false Marciano’s claims that former employees stole from him. Plaintiff claimed that Defendant used threats, intimidation and accusations he knew were completely false in more than 30 ... More...   $55000000 (08-27-2009 - CA)

Letitia C. Abromats, Philip E. Abromats v. Don Wood and Brenda Wood

[¶1] Philip and Letitia Abromats request relief from summary judgment granted to Don and Brenda Wood, claiming that the district court erred when it found that one allegedly defamatory statement contained in a victim impact statement was not libel per se and that the other allegedly defamatory statement was protected by qualified immunity as a statement concerning a common interest. The Woods, in... More...   $0 (08-26-2009 - WY)

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