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Defamation Law
 
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)

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)

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