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Defamation Law
 
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.

I. BACKGROUND

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.

Facts

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)

Carolyn Kenney v. Scripps Howard Broadcasting Company, d/b/a KSHB-TV41

Appellant appeals the district court’s2 grant of Defendant’s motion for summary judgment on her claim of defamation. We affirm the district court’s decision based solely on the Missouri fair report privilege.

I.

Appellant is the grandmother of minor Lauren Kenney and the mother of Chris Kenney, Lauren’s father. Chris Kenney and Lauren’s mother, Angela Miles, ... More...   $0 (08-03-2001 - MO)

Cincinnati Insurance Company v. Eastern Atlantic Insurance Company

The plaintiff in this diversity suit (governed, all agree, by Illinois law) is an insurance company that we'll call "Cincinnati." The complaint seeks a declaration that Cincinnati has no duty to defend the two defendants, "Eastern" and "Integrity," under the basic liability policy that it had issued to them and under an umbrella liability policy that it had issued to Integrity alone. Eas... More...   $0 (08-02-2001 - IL)

Richard Lloyd Carr v. Forbes, Inc., et al.

Richard Lloyd Carr, an engineer who develops privately financed public infrastructure projects, brought this action asserting that Forbes, Incorporated defamed him by publishing an article casting doubt on the integrity of his conduct and his representations concern- ing those projects. Because Carr is a limited-purpose public figure who has forecast no evidence that Forbes acted with actual ... More...   $0 (08-01-2001 - SC)

David M. Veile v. Gordon D. Martinson, et al.

Plaintiffs David M. Veile and Veile Mortuary, Inc. appeal the district court's conclusion they did not possess a protected property interest in a rotation policy established by defendant Gordon D. Martinson, the Coroner of Washakie County, Wyoming, and the court's decision to strike an expert witness designation on the property interest issue. Further, they challenge the district court's refusal t... More...   $0 (07-30-2001 - WY)

Robert L. Baron, Jr. v. Warrior Insurance Group

Fraud, breach of contact and defamation claims by insured who claimed that defendant paid investigators bonuses for rejecting valid insurance claims. Plaintiff made a claim in the amount of $9,500 when his 1992 Nissan was stolen and burned. When Baron's bank called about collecting its lien, Warrior told the bank that Baron had committed insurance fraud. ... More...   $3035000 (07-30-2001 - IL)

Cove v. Carter, et al.

[1] Manley C. Gove Sr. and Tri Berwick Realty, Inc., (collectively, Gove) appeal from the judgment of the Superior Court (York County, Fritzsche, J.) granting a summary judgment to Jonathan L. Carter, the town manager for the Town of Wells. Gove contends that the Superior Court erred in concluding that Carter was entitled to immunity from his suit pursuant to the Maine Tort Claims Act, 14 M... More...   $0 (07-27-2001 - ME)

Karen Horwitz v. Board of Education of Avoca School District No. 37, et al.

Karen Horwitz began teaching full time at Avoca West Elementary School when the 1993 to 1994 school year began and continued to do so until she was terminated in April of 1999. Horwitz has raised numerous claims against the Board of Education of Avoca School District No. 37 (the "Board"), Dr. John W. Sloan, Dr. Venette Biancalana, and Dorothy Ballantyne. She is appealing a variety of dec... More...   $0 (07-26-2001 - IL)

Ronald A. Fayer v. Town of Middlebury, et al.

Plaintiff, a former employee of the Town of Middlebury, Connecticut, brought Section 1983 action against Town and two Town officials, alleging First Amendment and due process violations in connection with his termination, as well as state law claims for intentional infliction of emotional distress and defamation. The United States District Court for the District of Connecticut (Joan Glazer Margoli... More...   $0 (07-24-2001 - CT)

Dendrite International, Inc. v. John Doe No. 3

In this opinion, we examine the appropriate procedures to be followed and the standards to be applied by courts in evaluating applications for discovery of the identity of anonymous users of Internet Service Provider (ISP) message boards. Information contained in postings by anonymous users of ISP message boards can form the basis of litigation instituted by an individual, corporation or busin... More...   $0 (07-18-2001 - NJ)

Colleen Anderson, Plaintiff and Appellant v. Meyer Broadcasting Company, Defendant and Appellee

[1] Colleen Anderson has appealed from a summary judgment dismissing her claims against Meyer Broadcasting Company ("Meyer") for age discrimination, sex or gender discrimination, retaliatory discharge, defamation, and breach of contract. We affirm, concluding Anderson failed to raise genuine issues of material facts on required elements of her claims.

I.

[2] Meyer owned a s... More...   $0 (07-10-2001 - ND)

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