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Defamation Law
 
Wal-Mart Stores, Inc. v. Andy Lee, Benton County Sheriff and David Clark

Appellant Wal-Mart Stores, Inc., appeals from a judgment entered on September 6, 2000, in favor of Appellee David Clark and from the denial of its posttrial motions. A jury found in favor of David Clark on the issues of defamation, false-light invasion of privacy, and intrusion invasion of privacy. The judgment awarded by the jury totaled $651,000 in compensatory damages and $1,000,000 in punitive... More...   $1651000 (05-16-2002 - AR)

Joyce K. Dennis v. Columbia Colleton Medical Center, Inc., et al.

Appellant/Cross-Appellee Columbia Colleton Medical Center ("Colleton") employed Appellee/Cross-Appellant Joyce Dennis as an emergency room registration clerk. In June 1997, Dennis was passed over for promotion to the position of registration supervisor in favor of an outside candidate, Johnny Bridge. Dennis brought suit pursuant to Title VII, 42 U.S.C. S 2000(e), alleging discrimination based... More...   $0 (05-16-2002 - SC)

Conwood Company, L.P.; Conwood Sales Company, L.P. v. United States Tobacco Company, et al.

Defendants-Appellants, United States Tobacco Company, United States Tobacco Sales and Marketing Company, Inc., United States Tobacco Manufacturing Company, Inc., and UST, Inc. (herein collectively referred to as "USTC") appeal from the March 29, 2000 order, after trial by jury, entering judgment in favor of Plaintiffs, Conwood Company, L.P. and Conwood Sales Company, L.P. ("Conwood") for Defendant... More...   $1050000000 (05-15-2002 - KY)

Universal Foods Corp. v. Zande

1. Universal Foods Corporation appeals from the trial court's grant of summary judgment in favor of Elizabeth A. Zande. The trial court found that Universal Foods's written settlement offer and Zande's conduct created a binding unilateral contract that required Universal Foods to dismiss its defamation suit. Universal Foods claims that the trial court erred because: (1) a binding unilateral contra... More...   $0 (05-14-2002 - WI)

Daniel C. Murray v. United Food and Commercial Workers International Union, Local 400, et al.

Daniel C. Murray ("Murray") brought this action against his employer, the United Food & Commercial Workers Union, Local 400 ("Local 400"), and Donald Cash ("Cash"), a union managerial employee, alleging that they discriminated against him on the basis of his race in violation of Title VII of the Civil Rights Act of 1964, see 42 U.S.C.A. SS 2000e - 2000e-17 (West 1994 & Supp. 2001), and 42 U.... More...   $0 (05-13-2002 - MD)

Lee Beaudry, et al. v. Insurance Company of the West

Appellants, who are trustees of the Arizona Automobile Dealer's Association Worker's Compensation Trust (the Trust), challenge the trial court's grant of summary judgment in favor of appellee Insurance Company of the West (ICW) in this dispute over ICW's decision to decrease the amount of policyholder dividends paid for the 1995-96 policy year. For the following reasons, we reverse the ju... More...   $0 (05-09-2002 - AZ)

Belcher v. Wal-Mart Stores, Inc., et al.

This is an appeal by Patrick B. Belcher (hereinafter "Appellant") from a February 7, 2001, order of the Circuit Court of Kanawha County granting summary judgment in favor of Wal-Mart Stores, Inc., (hereinafter "Wal-Mart") in a civil action originated by the Appellant for defamation and unlawful detention. The Appellant contends that genuine issues of material fact exist and that the lower court er... More...   $0 (05-08-2002 - WV)

Gerald Rifenbark and Francis Jobes v. Evangelista

Defamation and malicious prosecution claims by arising out of a fire that damages the shopping center where the plaintiffs worked in 1997. A fire broke out at the Acme supermarket in Pompton Lakes. Jobes called 911 and Rifenbark attempted unsuccessfully to fight the fire with a fire extinguisher. The shopping center sustained extensive damage and the defendant claimed that the plaintiffs failed... More...   $1114000 (05-07-2002 - NJ)

Robert W. Maguire and Robert W. Maguire, Ltd. v. Samuel J. Gorruso and Sammy G. Media Corp.

Defendants Samuel J. Gorruso and Sammy G. Media Corporation appeal from a judgment, based on a jury verdict, in favor of plaintiffs Robert W. Maguire and Robert Maguire, Ltd., awarding damages of $272,000 for unfair competition and $143,000 for conversion. Defendants contend: (1) compensatory damages were unavailable as a matter of law for the common law unfair competition clai... More...   $273535 (05-03-2002 - VT)

Moroni Feed Company v. Mutual Service Casualty Insurance Company

Mutual Service Casualty Insurance Company ("Mutual Service") issued a Commercial General Liability policy ("CGL") and an Umbrella Liability policy ("Umbrella") to Moroni Feed Company. While coverage was effective, Joseph C. Nielsen, former president of Moroni Feed Company, sued Moroni Feed bringing eleven separate claims. Mutual Service denied coverage for the Nielsen lawsuit. Moroni Feed brought ... More...   $0 (05-02-2002 - UT)

New Times, Inc., et al. v. Bruce Isaacks, et al.

In this interlocutory appeal, we must decide two issues of first impression in Texas: whether a parody or satire regarding a public official or figure is mere opinion or rhetorical hyperbole and is, therefore, protected First Amendment speech; and what is the proper application of the “actual malice” standard to satire or parody in a defamation action by public officials. Appellees... More...   $0 (05-02-2002 - TX)

Gary L. Higgason, M.D., v. Robert F. Stephens, et al.

Plaintiff, Gary L. Higgason, M.D., appeals from the district court's judgment entered on May 18, 2000, dismissing Plaintiff's civil rights action filed pursuant to 42 U.S.C. 1983 against Defendants, Robert F. Stephens, in his official capacity as Secretary of Justice Cabinet, Commonwealth of Kentucky and as acting Commissioner of the Kentucky State Police; Gary Rose, individually; Dennis Benning... More...   $0 (05-01-2002 - KY)

Terri Roberts v. Goodner's Wholesale Foods, Inc.

Terri Roberts (Mother), individually and as mother and next friend of Rachel Roberts and Taylor Roberts (Daughters) [50 P.3d 1150], sued Goodner's Wholesale Foods, Inc. d/b/a Buy For Less, and John E. Roberts (respectively, Store and Roberts, or collectively, Defendants) for malicious prosecution, false arrest, false imprisonment, defamation,1 and abuse of process as a result of Store's detenti... More...   $0 (04-26-2002 - OK)

Kirk Carter and Reginald Fitzgerald v. Ronald Morgan, et al.

Kirk Carter and Reginald Fitzgerald appeal the district court's grant of Ronald Morgan's motion for judgment on their claims of def- amation and hostile work environment based on race. We affirm. Carter and Fitzgerald were employees of Silver Clipper, Inc., T/A Harbor Shuttle, Inc., a Maryland corporation. Ronald Morgan was the president, sole shareholder, and manager of the corporatio... More...   $0 (04-25-2002 - MD)

Dean v. Dearing

In this case, we are asked to determine whether a public official can use the "small group theory" to meet the "of and concerning" element of a claim for defamation.

Following his confrontation with and arrest by the Elkton chief of police, M. Lee Dearing, the mayor of Elkton, made a number of statements alleging corruption, dishonesty, and felonious conduct by the Elkton police depart... More...   $0 (04-19-2002 - VA)

Randall Coggin v. Longview Independent School District

Mr. Randall Coggin, a public school employee, brought this 1983 suit against his employer, a Texas independent school district, because its board of trustees terminated his employment contract for cause without any kind of a hearing. After a bench trial, the district court rendered judgment in favor of Coggin. We affirm. Because the school board was the final policy and decision maker with res... More...   $0 (04-17-2002 - TX)

Tradewinds Escrow, Inc. v. Truck Insurance Exchange

Tradewinds Escrow, Inc. (Tradewinds) appeals summary judgment granted in favor of defendant Truck Insurance Exchange (Truck) in its action for breach of contract and breach of the covenant of good faith and fair dealing. Truck refused to defend a third-party action against Tradewinds arising out of the failed sale of a home on the grounds the policy specifically excluded indemnity for actions ... More...   $0 (04-12-2002 - CA)

Rita Nethersole v. William Bulger, et al.

In 1995, UMass appointed Nethersole, an African-American, as its state-wide associate vice-president for student affairs. As such, she was responsible, among other things, for promoting faculty/student diversity. During her early tenure, a UMass credit card disappeared. Subsequently it was used, without authorization, by a person whose identity remains unknown, to purchase a laptop computer. The U... More...   $0 (04-12-2002 - MA)

Leonard and Paula Nawrocki v. Township of Coolbaugh, et al.

Paula Nawrocki and her husband (the Nawrockis) filed a multi-count complaint making various claims, including malicious prosecution, defamation, loss of consortium, and due process violations against the Township of Coolbaugh, its police department, and the Police Chief, the Pocono Mountain School District, two of the School District officials and one teacher. The District Court grante... More...   $0 (04-08-2002 - PA)

Mary Wiley v. Ohio/Oklahoma Hearst-Argyle Televison, Inc. and American Red Cross

After tornadoes ripped through central Oklahoma on May 3, 1999, the American Red Cross and other agencies immediately set up relief centers, including two in Del City, Oklahoma. On May 4, plaintiff volunteered to work at the Del City High School relief center. According to police reports, she was asked to leave after witnesses saw her taking donated items without permission. On May 5, plaintiff we... More...   $0 (04-08-2002 - OK)

Maxine Nicholas v. Wal-Mart Stores, Inc.

Plaintiff/appellee Maxine Nicholas, a former cashier for defendant/appellant Wal-Mart Stores, Inc. ("Wal-Mart"), was arrested on complaint of Wal-Mart management, and charged with a breach of trust for allowing a customer to leave the store without paying for merchandise. Wal-Mart claims that the conduct upon which the charge was founded had been captured on videotape, which was later viewed ... More...   $0 (04-04-2002 - SC)

Mitzi Green, et al. v. CBS, Inc.

CBS published and aired a story entitled "Lotto Town" in January 1998 on its weekly news magazine, 48 Hours, detailing the lives of forty-two lotto millionaires living in the small town of Roby, Texas. One of these lotto winners was Lance Green, Mitzi Green's ex-husband. In the course of its one-hour broadcast, CBS showed how Lance's life changed during the year following his lotto win. The story ... More...   $0 (04-03-2002 - TX)

Rice v. Alley

[1] Defendant Lynda Alley (f/k/a Lynda Spreng) appeals from a judgment of the District Court (Ellsworth, Mills, J.) awarding Ruth Rice $20,000 in compensatory damages in her action for defamation. Alley challenges the judgment on numerous grounds. We agree with Alley's contention that her statements were conditionally privileged, and that Rice presented insufficient evidence to show that the p... More...   $0 (03-30-2002 - ME)

Dulcinea N. Cuellar v. Walgreens Co. and Jim Lindsey

Cuellar filed suit against Walgreen's and Lindsey on June 23, 1999, alleging causes of action for negligence, defamation, and intentional infliction of emotional distress. (1) On July 11, 2000, the trial court granted a "take nothing" summary judgment in favor of appellees.

* * *

Cuellar contends the trial court erred in granting summary judgment because there are material fact issues regardi... More...   $0 (03-29-2002 - TX)

Schoendorf v. U.D. Registry, Inc.

Defendant U.D. Registry, Inc. (UDR), is a consumer reporting agency that gathers information about unlawful detainer cases and sells it to landlords and other subscribers. Plaintiff Faye Schoendorf, a tenant, filed this action against UDR, alleging that it was providing misleading and incomplete information about her.

UDR moved to strike the complaint under section 425.16 of the Code of Ci... More...   $0 (03-28-2002 - CA)

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