In 2009, Appellant Ryan Hart (“Appellantâ€� or “Hartâ€�)1 brought suit against Appellee Electronic Arts, Inc. (“Appelleeâ€� or “EAâ€�) for allegedly violating his right of publicity as recognized under New Jersey law. Specifically, Appellant‟s claims stemmed from Appellee‟s alleged use of his likeness and biographical information in its NCAA Football series of videogames. The District ... More...   $0 (05-21-2013 - nj)

Rehak Creative Services, Inc. and Robert Rehak (collectively, “Rehak�) appeal from a final judgment granting a motion to dismiss in favor of appellees Ann L. Witt, Ellen Witt, Raymond Witt, and the Ann Witt Campaign (collectively, “Witt�). We affirm.

OVERVIEW

This appeal focuses on a recently enacted statute called the “Texas Citizens Participation Act,â€� which is codi... More...   $0 (05-21-2013 - TX)

The defendant in this defamation case asks us to reverse the judgment and remand the case for a new trial. He argues that this result is required because the jury’s answer to the single actual-damages question was predicated on its findings that he published nine defamatory statements that he knew or should have known were false, but the evidence is legally insufficient that one of the statement... More...   $0 (05-02-2013 - TX)

The City of Council Bluffs, police officers Daniel Larsen, Lyle Brown, and David Dawson (collectively the City), and Curtis McGhee appeal from the district court’s order granting summary judgment to Chicago Insurance Company (CIC) and Columbia Casualty Company (Columbia), on CIC’s and Columbia’s declaratory judgment claims concerning coverage under various insurance policies. We affirm as to... More...   $0 (04-30-2013 - IA)

Jonathon C. McIntosh, D.D.S. appeals the trial court’s judgment dismissing his case for want of prosecution. McIntosh presents one issue, asserting that the trial court “reversibly erred when it dismissed [his] cause of action with prejudice.�

We affirm the judgment as modified.

Background

McIntosh was the Director of Dentistry for the residents of the Richmond Sta... More...   $0 (04-25-2013 - TX)

Emilio Martino, a naturalized United States citizen born in Italy, worked briefly as a sales representative for Western & Southern Financial Group (“W&S�). Less than two months after W&S hired Martino, the company terminated his employment.

Martino sued W&S for religious discrimination under Title VII and for defamation. Martino alleged, among other claims, that W&S discharged him based... More...   $0 (04-25-2013 - IN)

This is the second appeal in this suit filed by appellant Carolyn Barnes, plaintiff in the underlying proceeding, against appellees University Federal Credit Union (UFCU) and Government Employees Insurance Company (GEICO). In our prior opinion, we affirmed the trial court’s severance order and partial summary judgment in favor of UFCU and GEICO. Barnes’s remaining claims and UFCU’s countercl... More...   $0 (04-18-2013 - TX)

No one would deny that Donald Trump, the real estate magnate, television personality, author, and erstwhile presidential candidate, cuts a celebrated, if controversial, public figure. We must decide whether Trump University, LLC, a private, for-profit entity purporting to teach Trump’s “insider success secrets,â€� is itself a public or limited public figure so as to implicate the First Amendme... More...   $0 (04-18-2013 - CA)

Richard Bensinger produced and screened a film about Spacecon Specialty Contractors, LLC. Claiming the film conveyed several defamatory statements, Spacecon filed suit against Bensinger in the United States District Court for the District of Colorado, based on diversity jurisdiction, asserting a state-law claim for defamation per se. The district court granted Bensinger’s motion for summary judg... More...   $0 (04-16-2013 - CO)

In April 2006, central Indiana suffered a large hailstorm. Joseph Radcliff formed a company to repair the storm-damaged homes. State Farm Fire & Casualty Company began denying many of its policyholders’ claims even though other insurance companies were paying similar claims. Radcliff and his company offered to help the State Farm policyholders. Amid a flurry of bad publicity about State Farm’s... More...   $14500000 (04-13-2013 - IN)

Appellant Deana Pollard Sacks challenges the trial court‘s summary judgments in favor of appellees Brian Weil Zimmerman and Andrew Todd McKinney, IV. Zimmerman and McKinney have served as counsel for the defendants in underlying litigation in which Sacks is suing numerous parties. The trial court entered a take-nothing judgment as to Sacks‘ invasion of privacy claims against Zimmerman and McKi... More...   $0 (04-04-2013 - TX)

In this defamation case, appellant Warren Aldous challenges the trial court‘s partial summary judgment on liability entered against him on deemed admissions and the legal and factual sufficiency of the evidence to support the damages award to appellee Eric Bruss after a contested hearing. Appellant Michael Aldous asserts that (1) the trial court erred by denying his motion for new trial in which... More...   $0 (04-04-2013 - TX)

Erin Bates sued PC Cast aka Phyllis Cast, Kristin Cast and St. Martins Press on libel and slander theories claiming:

1. Plaintiff is a resident of Tulsa County, Oklahoma.

2. Defendant P.C. Cast, aka Phyllis Cast, (hereinafter “Defendant P.C. Cast�) is an individual and a resident of Tulsa County, Oklahoma

3. Defendant Kristin Cast is an individual and a resident of T... More...   $0 (03-31-2013 - OK)

Defendants, Bingham McCutchen LLP, Seth Gerber and Jonathan Loeb, appeal from an order denying their petition to compel plaintiff, Hartwell Harris, to arbitrate her California employment discrimination and wrongful termination claims. We affirm because the trial court did not err in concluding the arbitration provision was unenforceable under Massachusetts law, which the parties agreed applied to ... More...   $0 (03-29-2013 - CA)

Myles Hopkins, a former police chief of Liverpool, Texas, sued Bill Strickland, the mayor of Liverpool, for slander and malicious prosecution. Strickland responded with a plea to the jurisdiction, maintaining that he was immune from suit against him individually under section 101.106(f) of the Texas Tort Claims Act, among other common law assertions of immunity. See TEX. CIV.

2

PRAC.... More...   $0 (03-21-2013 - TX)

This is the parties' second visit to our court following proceedings in the district court. Their dispute centered on the formation of a business called Winning Streak Sports, LLC (WSS), which apparently took over and continued a business operated by Christopher J. Davis and Winning Streak, Inc. (WSI).

First Suit

In 2006, WSI and Davis sued U.S. Hardwood Distributors, Inc. (Hardwood)... More...   $0 (03-15-2013 - KS)

2 This case is before the court on certified questions of Oregon law from the 3 United States Court of Appeals for the Ninth Circuit (Ninth Circuit). See generally ORS 4 28.200 to 28.255 (granting authority to answer certified questions and describing 5 procedure). The questions arise out of an action for personal injury brought in federal 6 district court against defendant Boyle and his employer,... More...   $0 (03-15-2013 - OR)

James J. Flanagan Shipping Corporation appeals the trial court’s rendition of a take nothing judgment on its claims against Del Monte. Flanagan sued Del Monte and other defendants for breach of fiduciary duty, knowing participation in a breach of fiduciary duty, conspiracy, conversion, unjust enrichment, unfair competition, and accessing proprietary and confidential business information. After s... More...   $0 (03-12-2013 - TX)

Appellants Thomas and Danielle Francis ("the Francises" or "Appellants") appeal an order of the district court granting summary judgment to Appellee Allstate Insurance Company ("Allstate"). In March 2011, Appellants brought this action in Maryland state court seeking a declaration as to Allstate’s duty under a renters insurance policy to defend and indemnify the Francises in a tort suit brought ... More...   $0 (03-07-2013 - MD)

Jay C. Adkins sued John A. Alberts on a legal negligence (legal malpractice) theory:

1. Adkins is a citizen of the State of Oklahoma and a resident of Oklahoma County.

2. Defendant, John A. Alberts ("Alberts") is an attorney licensed to practice in Oklahoma. He maintains an office in Oklahoma City, Oklahoma.

3. Defendant, Jennifer Wadley ("Wadley") is an attorney licensed to... More...   $0 (03-06-2013 - OK)

Five Egyptian businessmen and four women sued Captain Mike Swanigan and Alaska Airlines Inc. on defamation theories claiming that they were injured and/or harmed when the captain of the flight that they were on was diverted to Reno and they were taken off the plane bound for Las Vegas on September 29, 2003.

Alaskan Airlines claimed that the Plaintiffs interfered with the flight crew and ... More...   $0 (03-06-2013 - NV)

This case involves a trademark dispute over the right
to use the “AMTEL� name and marks for phonebooks in various Ohio counties. In
2002, Defendant Steven Brandeberry sold his phonebook business, operated under the
name AMTEL, to Barney White, who in turn sold the business to Yellowbook, a national
publisher of yellow-pages directories. In 2009, Brandeberry decided to start a r... More...   $0 (02-27-2013 - OH)

16 Mark Maraschiello, a white male employed as a captain
17 in the City of Buffalo Police Department (the “Department�),
18 sued the Department and its police chief, H. McCarthy Gipson
19 (collectively “defendants�), claiming that their failure to
20 promote him was impermissibly motivated by race.
21 Maraschiello’s scores on a 2006 civil service examination
22 re... More...   $0 (02-27-2013 - nY)

Patricia Moore-King ("Moore-King") challenges the application of regulations enacted by the County of Chesterfield, Virginia (the "County") affecting fortune tellers on various grounds. For the reasons that follow, we affirm the district court’s grant of summary judgment in favor of the County.

I.

A.

The parties do not dispute the relevant facts. The Chesterfield County Code... More...   $0 (02-26-2013 - VA)

Appellant Mary Burton (“Burtonâ€�) alleges that her employer, Teleflex Inc. (“Teleflexâ€�),1 terminated her employment in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e et seq. Burton also alleges various state law discrimination, contract, and tort claims against Teleflex. Te... More...   $0 (02-21-2013 - PA)