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Defamation Law
 
Edward A. Wojcik v. Debra Wojcik v. Massachusetts State Lottery Commission, et al.

Appellant Edward Wojcik ("Wojcik") and his wife, Debra, brought suit against the Massachusetts State Lottery Commission ("Lottery Commission") and a handful of Lottery Commission officials for damages arising out of Wojcik's termination as a Lottery Commission employee. After dismissing the claims against one defendant on Eleventh Amendment grounds, the district court granted the remaining defenda... More...   $0 (08-20-2002 - MA)

Shivarelli v. CBS

Plaintiffs, Peter Schivarelli and H.D. Stands, L.L.C., also known as Demon Dogs, appeal the order of the circuit court dismissing their complaint against defendants, CBS Broadcasting, Inc.(1), WBBM Television, and Pamela Zekman, for defamation, false light invasion of privacy, commercial misappropriation, and commercial disparagement. Plaintiffs also appeal the order of the circuit court denying t... More...   $0 (08-16-2002 - IL)

Peter Schivarelli, et al. v. CBS, Inc., et al.

Plaintiffs, Peter Schivarelli and H.D. Stands, L.L.C., also known as Demon Dogs, appeal the order of the circuit court dismissing their complaint against defendants, CBS Broadcasting, Inc.(1), WBBM Television, and Pamela Zekman, for defamation, false light invasion of privacy, commercial misappropriation, and commercial disparagement. Plaintiffs also appeal the order of the circuit court denying t... More...   $0 (08-16-2002 - IL)

Orlando L. Harris, et al. v. Allstate Insurance Company

Plaintiff-appellant Service Professionals, Inc. ("SPI") is a minority-owned business. Defendant-appellee Allstate Insurance Company maintains a list of vendors to which it refers its insureds for repair work. SPI was on this list, but allegedly received a disproportionately low number of the referrals. SPI filed the present suit alleging that Allstate's referral practices amounted to racial discri... More...   $0 (08-16-2002 - OK)

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 (08-15-2002 - IN)

Richard Thomas v. Dick Hileman and Edward Masters

In June 2001, plaintiff, Richard Thomas, filed an amended complaint alleging malicious prosecution against defendants, Dick Hileman and Edward Masters. The malicious prosecution action arose from a defamation action brought by Hileman, through Hileman's attorney, Masters, against Thomas. See Hileman v. Thomas, No. 4-00-0514 (December 5, 2000) (unpublished order under Supreme Court Rule 23). In ... More...   $0 (08-14-2002 - IL)

Adan Ramos and Mary Ramos v. The City of Peru (Illinois Valley Crime Stoppers, Respondent in Discovery)

In 1989, the Illinois legislature enacted the Illinois Uniform Conviction Information Act (Act) (20 ILCS 2635/1 et seq. (West 2000)). It declared that conviction information maintained by the Illinois Department of State Police (the Department) would be made available to the public. 20 ILCS 2635/2(A) (West 2000). The purpose of the Act is to establish a uniform policy for access and dissemina... More...   $0 (08-08-2002 - IL)

Ernie Affolter v Baugh Construction Oregon Inc.

Plaintiff appeals from a judgment dismissing his defamation claim after the trial court granted defendant Baugh Construction Oregon, Inc.'s motion for summary judgment. Because we conclude that there are questions of fact with regard to one of the alleged defamatory statements, we reverse the trial court's ruling.

In reviewing the trial court's ruling, we determine whether the record on s... More...   $0 (08-07-2002 - OR)

ZIXIT CORPORATION and ZIXCHARGE.COM, INC. v. VISA U.S.A., INC. AND VISA INTERNATIONAL SERVICE ASSOCIATION

Business Disparagement, Defamation (Individual Statements), Defamation (Statements as as a Whole), and Tortious Interference with Prospective Business Relationships.

In what may be the first case of it's kind to be resolved at trial, Dallas-based ZixIt Corporation sued Visa USA and Visa International Service Association in December 1999, alleging that a Visa employee had caused Zixit's stock... More...   $0 (08-02-2002 - TX)

Raul Wilson v. Parker, Covert & Chidester et al. v Mark Williamsv Carl Axup et al.

The underlying action, Kuzmich v. Mexican Political Assn. (Super. Ct. Riverside County, 1998, No. 283066) (Kuzmich), arose from demonstrations and personal confrontations occurring in and around a public school. The plaintiffs were teachers and administrators at the school who alleged that the demonstrators' actions and speech amounted to harassment and defamation; the defendants were allege... More...   $0 (08-01-2002 - CA)

Joanna Cieszkowska v. Gray Line New York

Plaintiff Joanna Cieszkowska appeals a judgment of the United States District Court for the Southern District of New York (Preska, J.), dismissing her complaint, filed in forma pauperis, for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2) because the complaint was barred by res judicata.

In December 1997, plaintiff was terminated from her employment as a tour guide for Gray Line... More...   $0 (07-26-2002 - NY)

Mattel, Inc. v. MCA Records, Inc.

If this were a sci-fi melodrama, it might be called Speech- Zilla meets Trademark Kong. * * * Barbie was born in Germany in the 1950s as an adult collector's item. Over the years, Mattel transformed her from a doll that resembled a "German street walker," as she originally appeared, into a glamorous, long-legged blonde. Barbie has been labeled both the ideal American woman and a bimbo. She h... More...   $0 (07-24-2002 - CA)

Vron Mishler and Dianne Mishler v. MAC Systems, Inc.

The Mishlers filed a suit for damages against MAC. MAC answered and raised counterclaims on the basis of breach of contract and libel/slander. MAC also petitioned the court to issue an injunction enjoining the Mishlers from "[m]aking verbal or written statements to members of the public regarding the character, qualifications, workmanship or reputation of MAC" and "[d]isplaying signs referring, in... More...   $0 (07-16-2002 - IN)

Cheryl Ann Bracken, et al. v. Panorra Matgourants, et al.

This appeal presents an esoteric question of federal jurisdiction considered by the United States Supreme Court nearly a century ago in Louisville & Nashville Railroad Co. v. Mottley, 211 U.S. 149 (1908), and rarely reviewed since. The issue is whether the plaintiffs in a state-suit for defamation confer subject-matter jurisdiction on a federal court by raising a first amendment ... More...   $0 (07-15-2002 - PA)

Med Corp., Inc. v. City of Lima and David J. Berger, both individually and in his capacity as Mayor of the City of Lima, Ohio

Plaintiff-Appellant Med Corp. appeals the district court's order granting summary judgment in favor of Defendants-Appellees, the City of Lima and David J. Berger, both individually and in his official capacity as Mayor of the City of Lima, Ohio (collectively, the "City"). Med Corp., an ambulance company, challenges the City's proposed one-week suspension of Med Corp. from receiving 911 emergency d... More...   $0 (07-12-2002 - OH)

Keeneth Malina v. Lowe's Home Centers and Marianne Brooks

Defamation action by Kenneth Maline against Marianne Brooks and Lowe's Home Centers relating to statements by Brooks that Maline was a "swindler" who took advantage of old ladies. Maline had an private investigator video tape Brooks making the statements.

Brooks and Lowe's defended themselve by claiming that the statements were true and that Malina sustained no damages as a result of the stat... More...   $0 (07-11-2002 - TX)

Robers v. Goodner's Wholesale Food, Inc.

1 Terri Roberts (Mother), individually and as mother and next friend of Rachel Roberts and Taylor Roberts (Daughters), 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 detention of Mother and... More...   $0 (07-11-2002 - OK)

Sharron D. Grant-Burton v. Covenant Care, Inc.

In this wrongful termination case, the employer discharged an employee, in part because she had participated in a group discussion with other employees about the fairness of the employer's bonus system. The trial court granted the employer's motion for summary judgment. We conclude that the employee had a fundamental right rooted in public policy to join in a discussion with other employees a... More...   $0 (07-11-2002 - CA)

Mae Howard v. Kristin D. White, et al.

This suit arises out of Mae Howard's allegations that Kristin D. White and Barry Wells intentionally made false reports to Child Protective Services (CPS) and initiated CPS proceedings against Howard. In five issues, Howard challenges (1) the granting of summary judgment in favor of Kristin and Wells on Howard's claims for libel, slander, malicious prosecution, and conspiracy; (2) the tr... More...   $0 (07-11-2002 - TX)

Norman Meyerson v. Harrah's East Chicago Casino, et al.

The plaintiff brought this suit, pro se, against his former employer, Harrah's East Chicago Casino, and three of the casino's employees, charging defamation and basing federal jurisdiction, necessarily, on diversity. His complaint alleged that he "resides in the State of Michigan," but residence and citizenship are not synonyms and it is the latter that matters for purposes of the diversity ... More...   $0 (07-11-2002 - IN)

John Garrett v. Tandy Corporation d/b/a Radio Shack

In this case, plaintiff-appellant John Garrett, a black man, alleges that he was the object of both racial discrimination and slander during and after a shopping trip to a Radio Shack store. The district court dismissed the case in its entirety. We affirm the dismissal of the appellant's race-discrimination claim but reverse as to his defamation claim.

I. BACKGROUND

This appeal stands ... More...   $0 (07-10-2002 - ME)

James Young v. Equifax Credit Information Services Inc; et al; J C Penney Co., Inc.; Credit Bureau of Lake Charles, Inc., et al.

Plaintiff-appellant James Young (Young) appeals the dismissal on summary judgment of his action against defendants-appellees J.C. Penney Co. (Penney), Equifax Credit Information Services, Inc. (Equifax), and Credit Bureau of Lake Charles (CBLC). We affirm in part and vacate and remand in part.

Facts and Proceedings Below

Young contends that the defendants injured him by publishing d... More...   $0 (07-01-2002 - LA)

Robert Howard v. Susan Antilla

The plaintiff, chairman of a publicly-traded company, brought suit against the defendant, a newspaper reporter, for defamation and false light invasion of privacy. At the end of the trial, the jury returned a sizeable verdict in favor of the plaintiff on his claim for false light invasion of privacy, but a take-nothing verdict on the defamation claim. For the reasons stated below, we vacate the ju... More...   $0 (06-28-2002 - NH)

Edward L. Wholey v. Sears Roebuck, et al.

The decisional issue before this C ourt is whether Maryland recognizes a common law public policy exception to the at-will employee doctrine whereby discharging an employee for investigating and reporting the suspected criminal activity of a co-worker would constitute a wrongful discharg e. We conclude tha t a clear pub lic policy mand ate exists in the State of Maryland which protects employe... More...   $0 (06-25-2002 - MD)

Jose Solano, Jr. v. Playgirl, Inc.

The January 1999 issue of Playgirl magazine featured a cover photograph of actor Jose Solano, Jr., best known for his role as “Manny Gutierrez” on the syndicated television program “Baywatch” from 1996 to 1999. Solano was shown shirtless and wearing his red lifeguard trunks, the uniform of his “Baywatch” character, under a heading reading: “TV Guys. P... More...   $0 (06-13-2002 - CA)

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