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Defamation Law
Tanya L. Baker v. District of Columbia

Tanya L. Baker filed a complaint in Superior Court against appellee, District of Columbia, for mental distress, slander and defamation of character. Baker, an employee with the District’s Department of Corrections (DOC), alleged in the complaint that Ronald McClain, then Chief of DOC’s Office of Policies and Procedures, wrote a memorandum to the Director of the agency stating that ... More...   $0 (11-29-2001 - DC)

Donovan Walker v. Bill John Kiousis

Civil Code section 47 provides generally that statements made in the course of an official proceeding are absolutely privileged. Those statements therefore cannot serve as a basis for civil liability. Civil Code section 47.5, however, creates an exception, allowing a peace officer to bring a defamation action against an individual who knowingly and maliciously files a false complaint about the ... More...   $0 (11-29-2001 - CA)

Gary Walton v. Nalco Chemical Company

Plaintiff Gary Walton challenges various rulings which led the district court to dismiss his state-law claim for intentional infliction of emotional distress against his former employer, Nalco Chemical Company (Nalco), and to disallow his motion to amend the complaint to include a defamation claim under Maine law.

In its cross-appeal, Nalco challenges various evidentiary rulings, as well as t... More...   $1557872 (11-28-2001 - ME)

International Armor & Limousine Company v. Moloney Coachbuilders, Inc. v. Earle F. Moloney, et al.

Earle F. Moloney owes his fame and fortune to success in the limousine, armored car, and custom auto rebuilding business. In 1986 he sold his limousine assets, together with the name "Moloney Coach Builders", to Jacques Moore, who incorporated Moloney Coachbuilders, Inc., to carry on the business. Earle agreed not to compete for five years in the stretch limousine business but reserved ... More...   $0 (11-26-2001 - IL)

Eugene Francisconi v. Union Pacific Railroad Company

1 Eugene Francisconi appeals the district court's grant of summary judgment dismissing his claims of breach of employment contract, defamation, infliction of emotional distress, and fraud against Union Pacific Railroad Co. (Union Pacific). He also appeals the district court's denial of his motions to strike Union Pacific's amended memorandum in support of its motion for summary judgment and exhibi... More...   $0 (11-16-2001 - UT)

Steven John Theisen vs. Covenant Medical Center, Inc.

Steven Theisen was fired from his job as security manager for Covenant Medical Center because, after he was suspected of making an obscene phone call to another employee, he refused to submit to voice print analysis to confirm or refute the accusation. Theisen sued Covenant for wrongful discharge. On Theisen's appeal from the district court's summary judgment for Covenant, the principal question i... More...   $0 (11-15-2001 - IA)

Jackson v. Rohm

Invasion of privacy and defamation claimed by a man against his employer for subjecting him to an embarrassing police style interrogation a co-worker with whom he had a tryst report to management that she had been raped.... More...   $150000 (11-06-2001 - PA)

Travis Rogers v. Ash Grove Cement Company, et al.

The plaintiff, Travis L. Rogers, filed a defamation and malicious prosecution suit against three creditors and their attorneys who had unsuccessfully sued him for fraud and racketeering under federal law arising out of a bankruptcy proceeding. The trial court dismissed the plaintiff’s petition on an exception of no cause of action, concluding that the plaintiff could not amend his petit... More...   $0 (11-02-2001 - LA)

D.A.R.E. v. Rolling Stone

D.A.R.E. America and Glenn A. Levant, its founder and President, brought suit against Rolling Stone Magazine for defamation arising out of an article entitled "Truth & D.A.R.E." and two Editor's Notes about the article and its author, Stephen Glass, published in July and August 1998. The district court granted Rolling Stone's motion for summary judgment in a published opinion. D.A.R.E. Ameri... More...   $0 (10-24-2001 - CA)

Sherman Loftis v. City of Eufaula, et al.

This action arose under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 1983 (“ 1983"), 42 U.S.C. 1985 (“ 1985"), 42 U.S.C. 1986 (“ 1986") and the law of the State of Oklahoma, of the Defendant, for the intentional acts committed by the Defendants, the City of Eufaula, Mayor Bill Day, Chief Randy Johnston, Sgt. Mark Goodwin, and Sgt. Charles Hammett, an... More...   $250000 (10-17-2001 - OK)

Albert DeVito v. Edwarde Schwartz, et al.

In this defamation action, the counterclaim plaintiff, Edward Schwartz, appeals from the judgment rendered by trial court after the court denied his motion to set aside the verdict. On appeal, Schwartz claims that the court improperly denied his motion because the defamatory statements made by the counterclaim defendant, Albert DeVito, were slanderous per se, and, therefore, he was entitled... More...   $0 (10-16-2001 - CT)

Simmons v. Allstate Insurance Company

California’s anti-SLAPP statute (Code Civ. Proc., 425.16 [all further unspecified statutory references are to this code]) allows dismissal, at an early stage, of a lawsuit designed primarily to chill the exercise of First Amendment rights.1 It permits a special motion to strike any cause of action designed to deter acts in furtherance of a person’s right of petition or free spee... More...   $0 (10-12-2001 - CA)

Donna Lynne Miller v. W. Warren Hogeland, et al.

Plaintiff Donna Lynne Miller ("Plaintiff" or "Miller") filed this action on January 28, 2000, against District Justice H. Warren Hogeland ("Hogeland"), individually and in his official capacity, and the County of Bucks (collectively the "Defendants"). Miller, a Clerk Court Administrator ("CCA") with Hogeland's Court, alleges that Defendants terminated her employment in violation of the Civil Right... More...   $0 (10-11-2001 - PA)

Cheryl Ruffin-Steinback, et al. v. Suzanne dePasse, et al.

In November of 1998, National Broadcasting Company ("NBC") aired a four-hour mini-series depicting the Temptations as recounted in a novel written by Otis Williams, a founding member of the legendary recording group. Plaintiffs in this action include Cheryl Ruffin-Steinback, individually and as representative of the estate of Davis E. Ruffin, lead singer of the group from 1964 to 1968 who was know... More...   $0 (09-28-2001 - MI)

Anthony Murray v. Dewey L. Lineberry

This appeal arises from a defamation action. The appellant sued the appellee for slander after the appellee aired a series of political advertisements including statements about the appellant, a deputy sheriff. The Wilson County Circuit Court granted the appellee’s motion for summary judgment.

* * *

Click the case caption above for the full text of the Court's opinion.... More...   $0 (09-27-2001 - TN)

Meyer Land & Cattle Company v. Lincoln County Conservation District

Meyer Land & Cattle Company (Meyer) appeals from the trial court's dismissal of its action for failure to state an actionable claim against the Lincoln County Conservation District (Lincoln) and its directors in their individual and supervisory capacities and the Kansas State Conservation Commission (Commission). We affirm.

Meyer built a lagoon on a plot of land contemplated for use as a catt... More...   $0 (09-14-2001 - KS)

Ben Aipa, et al. v. Abercrombie & Fitch

Appellants brought this diversity action against Abercrombie and Fitch ("Abercrombie") for publishing a photograph of them, with identification of their names, for Abercrombie's commercial benefit without the Appellants' authorization. They allege a violation of California's common law and statutory prohibition against misappropriation of a person's name and likeness for commercial purposes,... More...   $0 (09-14-2001 - CA)

United Fire and Casualty v. Historic Preservation Trust

United Fire & Casualty Company (United Fire) appeals from the judgment entered by the district court2 following a jury verdict in favor of the Historic Preservation Trust (the Trust). We affirm.


Yuri A. Ives formed the Trust in November 1996 and served as the entity’s sole trustee. In March of 1997, Ives, on behalf of the trust, purchased a building in Sedalia, Miss... More...   $0 (09-12-2001 - MO)

Caveman Adventures UN, Ltd. d/b/a the Electronics Cave v. Press-Citizen Co., Inc.

Press-Citizen Co., Inc., (the Press-Citizen) appeals from a judgment awarding substantial punitive damages against it in a libel action. The plaintiff-appellee is Caveman Adventures UN, Ltd. d/b/a the Electronics Cave (the Electronics Cave), a retail vendor of electronic equipment in Iowa City, including VCRs and camcorders. The gravamen of the Electronics Cave's claim in the district court was th... More...   $0 (09-06-2001 - IA)

Metabolife International v. Susan Wornick, et al.

The heart of this case lies at the difficult three-way intersection of the news media's desire to inform the public about the potential dangers of an over-the-counter herbal supplement, California's public policy interest in the prompt resolution of so-called "SLAPP suits," and the liberal policies underlying the discovery provisions of the Federal Rules of Civil Procedure. Metabolife appeal... More...   $0 (09-05-2001 - CA)

Wampler v. Higgins

In Milkovich v. Lorain Journal Co. (1990), 497 U.S. 1, 21, 110 S.Ct. 2695, 2707, 111 L.Ed.2d 1, 19, the United States Supreme Court rejected the notion that “an additional separate constitutional privilege for ‘opinion’ is required to ensure the freedom of expression guaranteed by the First Amendment” to the United States Constitution. This court later decided, however, th... More...   $0 (08-29-2001 - OH)

Theodore E. Parker v. House O'Lite Corp.

The free flow of information on matters of compelling public interest is highly prized in our society. There are times when someone speaking out on such a matter gets the facts wrong and ends up defaming someone else. For these occasions the law provides a qualified privilege, one that can be abused and lost. This case requires us to examine whether the defendant defamed the plaintiff, whether she... More...   $0 (08-22-2001 - IL)

Blair G. McLachlan v. James Bell, et al.

This is a Federal Tort Claims Act case raising the question of whether a certification by the United States Attorney under the Westfall Act1 was proper under California scope of employment law.


This case was dismissed for lack of subject matter jurisdiction on a motion pursuant to Federal Rule of Civil Procedure 12(b)(1). Declarations were submitted on both sides, as well as th... More...   $0 (08-20-2001 - CA)

Jacalyn Thornton v. McClatchy Newspapers, Inc.

Jacalyn Thornton, a former part-time reporter for The Fresno Bee (an unincorporated division of McClatchy Newspapers, Inc. ("McClatchy")), appeals the district court's grant of summary judgment in favor of McClatchy on Thornton's claims under the Americans with Disabilities Act ("ADA") and the California Fair Employment and Housing Act ("FEHA"). Thornton alleges that McClatchy failed to acco... More...   $0 (08-15-2001 - CA)

Ronald Keith Smith v. Des Moines Public

The District hired Smith as the director of technology systems in July 1995. In that position, he reported to Pat Moran, the associate superintendent of management services, and supervised three employees, including Donna Pittman, an executive secretary, and Jacquelyn Seymour, an outside project manager specialist hired by Smith. According to Smith, the technology department was in disarray wh... More...   $250000 (08-07-2001 - IA)

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