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Defamation Law
 
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)

Dolly Kyle Browning, et al. v. William Jefferson Clinton, et al.

This case involves appellant Dolly Kyle Browning's "long- standing friendship" with former President Clinton--a friend- ship she alleges "included an extramarital, sexual relation- ship"--and her "semi-autobiographical novel" in which the female protagonist has a long-standing extramarital affair with the governor of a southern state. Am. Compl. p p 15, 20. Browning copyrighted her nove... More...   $0 (06-13-2002 - DC)

WJLA-TV v. Stephen M. Levin, M.D.

In this appeal, we consider various issues arising out of a judgment in favor of the plaintiff in an action alleging common law defamation and the unauthorized use of the plaintiff's image for advertising purposes in violation of Code  8.01-40(A). Much of the evidence adduced at trial was in conflict. However, applying settled appellate principles, we review the evidence and all reasonable inf... More...   $2575000 (06-12-2002 - VA)

Farmington Casualty Company v. United Educators Insurance Risk Retention Group, Inc.

Plaintiff Farmington Casualty Company ("Farmington") and Defendant United Educators Insurance Risk Retention Group, Inc. ("UE") both insured the University of Denver ("DU"). Dr. Shiela Deitz sued DU when it denied her tenure and ultimately fired her. Plaintiff Farmington paid the defense costs from Deitz's lawsuit, and brought suit against UE seeking contribution toward those costs. The district c... More...   $0 (06-12-2002 - CO)

John J. Riley, Jr. v. Jonathan Harr, Random House, Inc., et al.

Objecting to his portrayal in Jonathan Harr's best-selling book A Civil Action, an account of toxic tort litigation over contaminated well water in Woburn, Massachusetts, that allegedly caused the death of several children, John J. Riley, Jr., sued Harr and his publisher for defamation and related torts. He was joined in that lawsuit by his wife, Diane W. Riley. The district court granted summary ... More...   $0 (06-11-2002 - MA)

Thomas J. Quinn v. John F. Shirey, City Manager, City of Cincinnati; Robert Bedinghaus, John Dowlin; Thomas Neyer, David Krings, Hamilton County

On July 20, 1999, Plaintiff filed a complaint against Defendants alleging that Plaintiff's constitutionally protected liberty interest in his reputation was infringed when he was forced to resign from his position as director of the Metropolitan Sewer District ("MSD") amid publicized comments made by Defendants who charged that Plaintiff had engaged in questionable or possibly illegal activities.... More...   $0 (06-10-2002 - OH)

Jim Aken v. Plains Electric Cooperative & Transmission Cooperative, Inc.

{1} In this punitive damages case, we are asked to assess jury awards in favor of Jim Aken and against Plains Electric on Aken's claims for retaliatory discharge and defamation. We conduct an analysis on procedural and substantive levels and affirm the jury awards.

FACTS

{2} On July 28, 1993, Aken had worked for Plains for nine years. He had been selected employee of the mo... More...   $300000 (06-05-2002 - NM)

Theodore S. Brown and James Linnehan, et al. v. Eli Newberger, et al.

These consolidated appeals follow on the efforts of plaintiffs-appellants, Theodore Brown and James Linnehan, to acquire rights to visit their children. The children had been taken by their mothers during pending divorce and custody proceedings from Maine to Massachusetts, where the mothers obtained court orders barring the fathers from visitation on the basis of findings of sexual abuse.

Br... More...   $0 (05-31-2002 - MA)

Daniel H. Nee v. William Byrne

After his termination as the head men’s basketball coach for the University of Nebraska-Lincoln, Daniel H. Nee brought this diversity action against the University’s athletic director, William Byrne, alleging Byrne defamed Nee and interfered with Nee’s employment contract. In his answer, Byrne raised the affirmative defense of immunity under the Eleventh Amendment and Nebrask... More...   $0 (05-29-2002 - NE)

Ted Wood v. Pattilou Dawkins

Appellant Ted Wood (Wood) appeals from an ordering granting a take-nothing summary judgment in favor of appellee Pattilou Dawkins (Dawkins) in an action for libel brought against her as a result of a letter she wrote to two newspapers. For the reasons set forth, we affirm the judgment of the trial court.

Dawkins filed a traditional motion for summary judgment under Rule 166a(c) of the Rules... More...   $0 (05-28-2002 - TX)

Louis Hornberger, Robert Tonkery, et al. v. American Broadcasting Companies, Inc., et al.

On June 28, 1996 at 9:30 p.m., plaintiffs, police officers in Jamesburg, stopped a Mercedes Benz in which defendants Raymond Campbell, William Armstrong and Jason Williamson, three young African-American men, the "testers," were riding. Because Williamson, the driver, had changed lanes without signaling, plaintiffs demanded identification of the testers. When Campbell, the back-seat passenger, sai... More...   $0 (05-24-2002 - NJ)

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)

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