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Defamation Law
Maria J. Lundvall, etc. v. Ross E. Zumwalt, et al.

Maria J. Lundvall appeals pro se from the district court's dismissal of her claims against certain of the defendants in this action under 28 U.S.C. 1983. Ms. Lundvall alleges that her son, Paul Lundvall, was murdered by persons not parties to this action who were involved in drug-related gang activity. The various defendants to this action (collectively "the Defendants") evidently concluded, con... More...   $0 (10-21-2002 - NM)

Jinwoong, Inc., CA v. Jinwoong, Inc.

This appeal from a diversity dam-ages suit between identically named parties (and no, it is not a suit for divorce) started off on a very bad foot, with the appellant certifying in its statement of jurisdic-tion that it was appealing from a final judgment and the appellee certifying in its statement of jurisdiction that the appellant's statement was complete and correct. In fact the judgmen... More...   $1200000 (10-17-2002 - IL)

Barbara Wunsch v. Sun Life Assurance Company of Canada

Appellant Barbara Wunsch sued Sun Life Assurance Company of Canada, claiming that Sun Life vexatiously delayed payment of the proceeds from her husband's life insurance policy and defamed her. The trial court granted Sun Life summary judgment on both claims.

On appeal, Ms. Wunsch alleges two points of error. First, she contends that the trial court erred in granting Sun Life summary judgment o... More...   $0 (10-16-2002 - MO)

Gary Hoblyn and Michelle Hoblyn v. Margurette Johnson, et al.

The teenage daughter of Appellants Gary and Michelle Hoblyn (the parents) accused her father of abuse. While the charges were being investigated, the parents took the daughter to stay temporarily with her grandparents in Nebraska but would not permit her to take her horse. The daughter undertook efforts, with the assistance of a state brand inspector, to obtain possession of her horse. Though ... More...   $0 (10-10-2002 - WY)

Alisa L. Holmes v. West Palm Beach Housing Authority

Alisa L. Holmes appeals from a judgment reducing the damages awarded her by a jury after a trial before Judge Huck. Appellant brought the present action against her former employer, appellee West Palm Beach Housing Authority ("WPBHA"), for, inter alia, gender-based denial of a promotion (the "discrimination claim"), retaliatory termination in response to her complaints of gender bias (the "retalia... More...   $3300 (10-09-2002 - FL)

Randy Cipoletta v. Elaine Whitfield Sharp

Defamation claim by trooper Randy Cipoletta who was accused of propositioning Elaine Whitfield Sharp and fondling her breasts after arresting her for driving under the influence of alcohol in May 1998. Ms. Sharp, a prominent criminal defense lawyer, ultimately pled no contest to the charges.... More...   $208000 (10-08-2002 - MA)

Dr. Steven MacArthur, et al. v. San Juan County, et al.

Montezuma Creek Clinic is located within the boundaries of the Navajo Nation and was, during relevant times, operated by the San Juan Health Service District ("Health District")--a special service district organized by San Juan County, Utah ("County")--under contract with the federal Indian Health Service ("IHS") to provide health care to members of the Navajo community. The clinic and land upon w... More...   $0 (10-08-2002 - UT)

Boyce & Isley, PLLC, et al. v. Roy A. Cooper, III, et al.

The law firm of Boyce & Isley, PLLC, and its member attorneys G. Eugene Boyce, R. Daniel Boyce, Philip R. Isley and Laura B. Isley (collectively, "plaintiffs") appeal from an order of the trial court dismissing plaintiffs' complaint pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure. For the reasons set forth herein, we reverse in part the order of the trialcourt.

Th... More...   $0 (10-07-2002 - NC)

Open Software Foundation, Inc. and Hewlett Packard Company v. United States Fidelity and Guaranty Co.

Plaintiffs Open Software Foundation (OSF) and Hewlett-Packard (HP) brought this diversity action against USF&G, their general commercial liability insurer, claiming that USF&G had a duty to defend a lawsuit filed against them by Addamax Corporation, a software manufacturer. (1) After OSF decided not to bundle Addamax security software into its UNIX-based operating system, Addamax sued OSF in 1989,... More...   $0 (10-04-2002 - MA)

William O. Tippetts v. United States of America

William O. Tippetts appeals the district court's dismissal of his claims for invasion of privacy and intentional infliction of emotional distress arising from his employment with the United States Postal Service. The district court granted the government's motion to dismiss based on the Federal Employees Compensation Act (FECA), 5 U.S.C. 8101-8152, and the Civil Service Reform Act (CSRA), Pub. ... More...   $0 (10-03-2002 - UT)

Seachange International, Inc. v. Jeffrey O. Putterman, et al.

SeaChange International, Inc., has appealed from a partial summary judgment entered on behalf of appellee Concurrent Computer Corporation in SeaChange's defamation and civil conspiracy lawsuit against Jeffrey Putterman, Lathrop Investment Management Corporation, Concurrent, and three John Does. The circuit judge certified this case for an interlocutory appeal under Arkansas Rule of Civil Procedure... More...   $0 (10-02-2002 - AR)

Christine Bauernfiend v. AoAo Kihei Beach Condominiums, et al.

Plaintiff-appellant Christine Bauernfiend appeals from the April 6, 2001 entry of final judgment in favor of defendants-appellees AOAO Kihei Beach Condominiums (the AOAO) and Thyssen Elevator Company (Thyssen Elevator) [hereinafter, collectively, Defendants], pursuant to the March 27, 2001 order granting the AOAO's motion for summary judgment, in which Thyssen Elevator joined. (1) The sole issue ... More...   $0 (10-01-2002 - HI)

Toby Gottling v. P.R., Inc. d/b/a Carbmaster and Kelly Peterson

1 We granted this interlocutory appeal to decide whether the trial court correctly ruled that an at will employee who claims to have been discriminated against by her employer and who is unable to seek relief under the Utah Anti-Discrimination Act can pursue a civil action for wrongful termination in contravention of an alleged public policy against sex discrimination.


2 Pl... More...   $0 (09-30-2002 - UT)

Marlin Oil Corporation and Ralph L. Harvey v. Barby Energy Corp. and Bradford Guy Barby

1 Defendants/Appellants, Barby Energy Corporation and Bradford Guy Barby (collectively Barby), seek review of the trial court's orders granting judgment based on a jury verdict in favor of Plaintiff/Appellee, Marlin Oil Corporation (Marlin), and awarding costs, attorney fees, and prejudgment interest to Marlin. We reverse to the extent the trial court awarded prejudgment interest to Marlin, and af... More...   $304261 (09-26-2002 - OK)

Seyed E. Kabehie, et al. v. Farid Zoland, et al.

UnknownThis case involves causes of action for breach of contract, fraud and interference with economic relations, arising out of contracts for the purchase of exclusive rights to music compositions. The trial court granted defendants' motion for judgment on the pleadings on the ground these state law causes of action were preempted by federal copyright law. We conclude that such state law cau... More...   $24000 (09-26-2002 - CA)

John Doe v. Pulaski School District

J.M., a male, and K.G., a female, began "going together" during their seventh-grade year at Northwood Junior High School. As one would expect from typical junior high students, the two primarily saw each other at school and church, and their relationship was marked by multiple breakups during the school year. Sometime during the summer vacation after the end of the seventh-grade year, K.G. "br... More...   $0 (09-25-2002 - AR)

Diana Lynn Carpenter v. Northwest Airlines

Diana Lynn Carpenter appeals the grant of summary judgment in favor of Northwest Airlines, Inc. on her claims of race discrimination, religious discrimination, violation of the Family Medical Leave Act (FMLA), and defamation. In addition, Carpenter claims the complaint included claims of hostile working environment and breach of confidentiality. Carpenter has been a reservation sales agent for... More...   $0 (09-23-2002 - MN)

Mark Rogers, et al. v. City of Amsterdam, et al.

Plaintiffs Mark Rogers, Eric Pelcher and John Emigh appeal the district court's grant of summary judgment to the defendant Police Officer Todd Stark. We agree with the district court that Officer Stark was entitled to qualified immunity from the claims of both Rogers and Emigh; but we rule that summary judgment was inappropriate with respect to Pelcher. In addition, we rule that plaintiff Pelcher ... More...   $0 (09-23-2002 - NY)

Medical Laboratory Management Consultants, et al. v. American Broadcasting Companies, Inc., et al.

Medical Laboratory Management Consultants ("Medical Lab") and John Devaraj ("Devaraj"), a founder and owner of Medical Lab, (collectively "Plaintiffs") brought this action against American Broadcasting Companies ("ABC") and individuals allegedly involved in producing the segment Rush to Read for ABC's television program PrimeTime Live (collectively "Defendants"). The district court, exercisi... More...   $0 (09-20-2002 - AZ)

J. Robert Tierney v. Chet w. Vahle and Debbie Olson

The Tierneys and two of their four children brought this wide-ranging civil-rights suit (42 U.S.C. 1983) against 19 individuals and two institutions - the public school district of Quincy, Illinois, and a private swimming club in Quincy - charging retaliation and conspiracy to retaliate against the family for the exercise by Mr. and Mrs. Tierney of their right of free speech. The distric... More...   $0 (09-18-2002 - IL)

Karen K. Poyser v. David Peerless, et al.

Karen Poyser filed a defamation lawsuit against St. Richard's School, her former employer, David Peerless and Claudia Hilligoss, her supervisors at the school, the St. Richard's Board of Directors, and Karen Dorfman, president of the Board (collectively referred to as "the School"). The School moved for summary judgment, which motion was granted by the trial court. Poyser now appeals the summary j... More...   $0 (09-17-2002 - IN)

Central Bering Sea Fisherman's Association and Carl Merculief v. Susan Anderson

A jury awarded Susan Anderson compensatory and punitive damages against Central Bering Sea Fishermen's Association and its president, Carl Merculief, based upon her claims of constructive retaliatory discharge, promissory estoppel, and defamation. The Association and Merculief challenge various aspects of the damages awards. We agree that the jury's award of lost earnings is excessive; however,... More...   $638000 (09-06-2002 - AK)

Neil E. Pauker, M.D. v. Lynne Olson

Respondent, Lynne Olson, sued petitioner for medical malpractice, alleging medical negligence for engaging in a sexual relationship with respondent while she was a patient. The complaint also alleged a breach of fiduciary duty in that petitioner disclosed to others respondent's confidential psychiatric information. Respondent served petitioner with a first request for production of documents t... More...   $0 (09-04-2002 - FL)

Arwen Bird v. Lewis & Clark College, et al.

Arwen Bird ("Bird") appeals the judgment in favor of Lewis & Clark College and a number of school administrators (collectively, "the College"). Bird alleges, among other claims, that the College discriminated against her on the basis of disability, in violation of the Rehabilitation Act ("Rehab Act"), 29 U.S.C. 794 et seq., and Title III of the Americans with Disabilities Act ("ADA"), 42 U... More...   $5000 (09-04-2002 - OR)

Melanie Williams v. Motorola, Inc.

Melanie Williams brought this action against Defendants Motorola, Inc., and several individuals. Her Amended Complaint contained thirteen counts and alleged federal claims under the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"), codified at 29 U.S.C. 1160 et seq., the Employment Retirement Income Security Act of 1974 ("ERISA"), codified at 29 U.S.C. 1001 et seq., Title VII... More...   $0 (09-03-2002 - FL)

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