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Defamation Law
 
Tyanne Davenport v. Edward D. Jones & Company, L.P. Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana

Tyanne Davenport (“Davenport”) appeals the district court’s order granting summary judgment in favor of Edward Jones & Company, L.P. (“Edward Jones”), on Davenport’s two claims of quid pro quo sexual harassment under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), and her state law false light invasion of privacy claim. The district court dismissed Davenport’s c... More...   $0 (05-25-2018 - LA)

Charles E. Yeager v. Peter Holt

Defendants Peter Holt, Holt Law Firm, and Bethany Holt (collectively Holt,
except as noted) appeal from an order denying their special motion to strike (also known
as an anti-SLAPP--Strategic Lawsuit Against Public Participation--motion).1
Peter Holt
and his law firm briefly represented Charles E. and Victoria Yeager (collectively Yeager,
except as noted) and successfully sued... More...
   $0 (05-17-2018 - CA)

State of Vermont v. William Schenk

Defendant William Schenk was charged with two counts of
disorderly conduct, in violation of 13 V.S.A. § 1026(a)(1), in connection with the distribution of
Ku Klux Klan recruitment flyers in the City of Burlington. For each count, the State charged that
the penalty should be enhanced under 13 V.S.A. § 1455 because the crime was hate-motivated.
Defendant appeals the trial cou... More...
   $0 (05-05-2018 - VT)

Joel D. Kettler v. Leslie Gould

Cross-defendants Leslie Gould and his wife Susan Gould
contend the trial court erred when it denied in part their antiSLAPP
(strategic lawsuit against public participation) motion.
The motion sought to strike certain allegations in a crosscomplaint
filed by Joel D. Kettler, alleging defamation and other
causes of action. The court denied the motion to the extent crosscomplainan... More...
   $0 (04-21-2018 - CA)

State of North Dakota v. Amira Olivia Gunn

In November 2015, Gunn and Calvin Till communicated in private conversations on MeetMe.com, a social networking website. Gunn and Till exchanged more than 700 messages between November 11 and 13, 2015. In a portion of the conversations, Gunn gave explicit and lewd instructions to Till on how to groom and sexually assault his young daughter and how to abduct and sexually assault Till's two neighbor... More...   $0 (04-12-2018 - ND)

Olivia DeHavilland v. FX Networks, LLC

Authors write books. Filmmakers make films. Playwrights
craft plays. And television writers, directors, and producers
create television shows and put them on the air -- or, in these
modern times, online. The First Amendment protects these
expressive works and the free speech rights of their creators.
Some of these works are fiction. Some are factual. And some are
a combinat... More...
   $0 (03-26-2018 - CA)

Stephanie Clifford v. Donald J. Trump, et al. Central District of California Federal Courthouse - Los Angeles, California

Los Angeles, CA - Stephanie Clifford, a/k/a "Stormy Daniels" sued Donald J. Trump, a/k/a David Dennison, Michael Cohen and Essential Consultants, LLC on a breach of contact and defamation theories.

FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery) JURY DEMAND, filed by Plaintiff Stephanie Clifford(Avenatti, Michael) (Entered: 03/26/2018)

P... More...
   $0 (03-26-2018 - CA)

Christine Dean v. Friends of Pine Meadow

Appellants Christine Dean (Dean), DeNova Homes, Inc. (DeNova), and Civic
Martinez, LLC (collectively, plaintiffs) filed the underlying action for interference with
prospective economic advantage and defamation against respondents Friends of Pine
Meadow and several individuals (collectively, defendants),1
seeking damages and
injunctive relief for allegedly false statements and p... More...
   $0 (03-09-2018 - CA)

Digital Ally, Inc. v. Utility Associates, Inc. District of Kansas Courthouse - Kansas City, Kansas

Plaintiff-Appellant Digital Ally, Inc. appeals from the district court’s grant of
summary judgment in favor of Defendant-Appellee Utility Associates, Inc. Digital
Ally, Inc. v. Utility Assocs., Inc., No. 2:14-cv-02262-CM, 2017 WL 1197561 (D.
Kan. Mar. 30, 2017). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.1
Background
This case concerns two companies who sell in-c... More...
   $0 (02-16-2018 - KS)

Janelle Perez v. City of Roseville, et al. Eastern District of California Federal Courthouse - Sacramento, California

We are confronted in this case with the ongoing and difficult constitutional question of how much control the government can force individuals to cede over their private lives in exchange for the privilege of serving the public by means of government employment. To be sure, private citizens often must sacrifice some individual freedom as a condition of their employment by the State, but “a citizen... More...   $0 (02-09-2018 - CA)

Charles J. Trois v. Apple Tree Auction Center, Inc.; Samuel Schnaidt Western District of Texas Federal Courthouse - San Antonio, Texas

This appeal presents issues of personal jurisdiction and venue. A Texas citizen sued Ohio citizens in a Texas court based on two distinct claims: first, breach of a contract executed and performed in Ohio; and second, fraudulent misrepresentation made during a conference call from Ohio to Texas. The question thus before us is whether the Texas court may properly assert personal jurisdiction over t... More...   $0 (02-05-2018 - TX)

Captain Manjit Sangha v. Navig8 Shipmanagement Private Limited Southern District of Texas Courthouse - Houston, Texas

Plaintiff-Appellant Captain Manjit Sangha (“Cpt. Sangha”) challenges both the district court’s grant of Defendant-Appellee Navig8 Ship Management Private Limited’s (“Navig8”) motion to dismiss for lack of personal jurisdiction and for forum non conveniens, and the denial of his motion to remand. We conclude that the district court did not err in dismissing Cpt. Sangha’s claims and therefore AFFIRM... More...   $0 (02-05-2018 - TX)

Dennis Obduskey v. Wells Fargo District of Colorado Federal Courthouse - Denver, Colorado

Plaintiff-Appellant Dennis Obduskey appeals from the district court’s order
granting Defendants-Appellees Wells Fargo and McCarthy and Holthus, LLP’s
motions to dismiss numerous claims, including whether either party was liable as a
“debt collector” under the Fair Debt Collection Practices Act, 15 U.S.C. §§
1692–1692p. Obduskey v. Fargo, No. 15-CV-01734-RBJ, 2016 WL 4091174 (D.
... More...
   $0 (01-20-2018 - CO)

James L. Turner v. Theodore V. Wells, Jr. and Paul, Weiss, Rifkind, Wharton & Garrison, L.L.P. Southern District of Florida Courthouse - Miami, Florida

This appeal involves a law firm’s investigation of the Miami Dolphins professional football organization. The National Football League (“NFL”) hired the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP and one of its partners, Theodore Wells, to investigate allegations of bullying within the Dolphins organization. After receiving Paul, Weiss’s report, the Dolphins fired their offensive lin... More...   $0 (01-18-2018 - FL)

Dering Pierson Group, L.L.P. v. Daniel Thomas Kantos District of Minnesota Federal Courthouse - Minneapolis, Minnesota

In the bankruptcy case of Daniel Thomas Kantos (“Debtor”), Dering Pierson Group, LLC (“DPG”) filed suit seeking a determination that its claim against Debtor is nondischargeable. The Bankruptcy Court1 held that DPG had not sustained its burden of proving that Debtor had willfully or maliciously caused an injury to DPG under § 523(a)(6). It also concluded that collateral estoppel did not apply beca... More...   $0 (01-18-2018 - MN)

Commodores Entertainment Corporation v. Thomas McClary and Fifth Avenue Entertainment, LLC Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

In this common-law trademark case, Thomas McClary appeals from an order granting judgment as a matter of law to Commodores Entertainment Corporation (CEC) and converting a preliminary injunction into a permanent one against McClary and his corporation, Fifth Avenue Entertainment, LLC. The dispute concerned ownership of the mark “The Commodores,” the name of a famous Grammy Award–winning rhythm and... More...   $0 (01-09-2018 - FL)

Animal Legal Defense Fund, et al. v. Lawrence G. Wasden District of Idaho Federal Courthouse - Boise, Idaho

Investigative journalism has long been a fixture in the American press, particularly with regard to food safety.1 In the early 1900s, Upton Sinclair highlighted conditions in the meat-packing industry in The Jungle, a novel based on his time working incognito in a packing plant.2 This case also originates in the agricultural sector—a secretly-filmed exposé of the operation of an Idaho dairy farm. ... More...   $0 (01-09-2018 - ID)

Elise Hilton v. Catherine Mish Sixth Circuit Court of Appeals for the Sixth Circuit

Elise and Ed Hilton, individually, and as next friends of their
developmentally-disabled daughter, EH (collectively, the “Hiltons”), appeal the district court’s
dismissal of their complaint. They argue that the district court erred in three respects. They
allege that Catherine Mish, City Attorney for Grand Rapids, was acting under color of state law
when she sent two emails from he... More...
   $0 (01-05-2018 - MI)

Leonal Anthony Garcia-Garcia v. Costco Wholesale Croporation United States Court of Appeals for the First Circuit for the First Circuit

After approximately eleven
years of working his way up the Costco1 employment ladder,
appellant Leonal Anthony Garcia-Garcia2 (Garcia) was fired
following an investigation which revealed an inventory discrepancy
in the Meat Department that he managed. Garcia sued Costco in
federal court invoking diversity jurisdiction and alleging an
array of Puerto-Rico-based claims stemmi... More...
   $0 (12-30-2017 - PR)

Badrudin Kurwa v. Mark B. Kislinger

After the trial court dismissed some of plaintiff’s claims with prejudice, the
parties agreed to dismiss their remaining claims against one another without
prejudice and to waive the applicable statutes of limitations. The evident purpose
of this maneuver was to permit plaintiff to appeal the trial court’s partial order of
dismissal. The plan hit a speed bump, however, when this co... More...
   $0 (12-26-2017 - CA)

Ketryn Cornell v. Berkeley Tennis Club

Plaintiff Ketryn Cornell is a severely obese woman who was fired from the
Berkeley Tennis Club after having worked there for over 15 years. She brought eight
claims against the Club: three under the California Fair Employment and Housing Act
(FEHA; Gov. Code, § 12900 et seq.), for disability discrimination and failure to
accommodate her disability (the discrimination/failure to acc... More...
   $0 (12-22-2017 - CA)

STATE OF NEW JERSEY v. WILLIAM BURKERT Supreme Court of New Jersey

On September 30, 2011, Halton filed three separate complaints, alleging that Burkert committed the petty disorderly persons offense of harassment on January 8, 9, and 11, 2011, in violation of N.J.S.A. 2C:33-4(c).1 A three-day trial was held in
1 A petty disorderly persons offense is punishable by up to thirty days in jail. N.J.S.A. 2C:43-8.
5
the Elizabeth ... More...
   $0 (12-21-2017 - CT)

Paula Boyd v. David Freeman

In the underlying action, appellant Paula Boyd
asserted claims against respondent David Freeman
predicated on allegations of wrongful foreclosure. The trial
court sustained Freeman’s demurrer to Boyd’s first amended
complaint without leave to amend, reasoning that the
doctrine of res judicata barred her claims, in view of a
judgment in favor of Freeman and against Boyd in a... More...
   $0 (12-21-2017 - )

DOE v. THE FIRST PRESBYTERIAN CHURCH U.S.A. OF TULSA First Presbyterian Church of Tulsa

Appellant/Doe filed suit against The First Presbyterian Church U.S.A. ("FPC"), of Tulsa, Oklahoma and its minister, James D. Miller, ("Appellees"), based on theories of torts and breach of contract. Doe seeks damages arising out of alleged harm he incurred from Appellees' publishing notice of his baptism on the world wide web. Doe claimed that he advised Appellees of the need to keep his baptism p... More...   $0 (12-19-2017 - OK)

Paul Richard Butts v. Marcus Martin, et al. Eastern District of Texas Federal Courthouse - Beaumont, Texas

Plaintiff–Appellant Paul Richard Butts, a Hasidic Jewish federal prisoner at the Federal Corrections Complex in Beaumont, Texas (“FCC
United States Court of Appeals
Fifth Circuit
FILED
December 8, 2017
Lyle W. Cayce
Clerk
No. 15-41640
2
Beaumont”), filed a Bivens1 suit against numerous Bureau of Prisons (“BOP”)
employees, all of whom worked at FCC Beaumont. ... More...
   $0 (12-15-2017 - TX)

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