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Injurious Falsehood Law
 
Divid Landon Speed v. JMA Energy Company, LLC Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Plaintiff David Landon Speed filed a petition (the Petition) in the District Court of Hughes County, Oklahoma, asserting a putative class action against defendant JMA Energy Company, LLC. He alleged that JMA had willfully violated an Oklahoma statute that requires payment of interest on delayed payment of revenue
2
from oil and gas production. He further asserted that JMA fraudulently conc... More...
   $0 (10-02-2017 - OK)

United States of America v. Robert William Green Northern District of Florida Federal Courthouse - Tallahassee, Florida

In light of this Court’s en banc decision in United States v. Vail-Bailon, 868 F.3d 1293 (11th Cir. 2017), we hereby vacate our prior panel opinion, published at 842 F.3d 1299, and substitute it with the following opinion, which has been revised only in Section II.D. Accordingly, Defendant’s motion for panel rehearing is denied as moot.
A jury convicted defendant Robert Green of being a felon ... More...
   $0 (10-01-2017 - FL)

Bruce Plante and Dennis Plante v. Ronald P. Long Supreme Court of Maine - Portland, Maine

[¶1] Bruce and Dennis Plante appeal from the entry of a summary
judgment in the Superior Court (York County, Douglas, J.) in favor of Ronald P.
Long on their defamation action. The court concluded that the Plantes failed
to make the necessary prima facie showing that Long acted with actual malice.
We affirm the judgment.
I. BACKGROUND
[¶2] The following facts are taken from... More...
   $0 (09-11-2017 - ME)

David Ceruolo v. Martha Garcia Supreme Court of Massachusetts - Boston, Massachusetts

The plaintiff, David Ceruolo (David) sued his
ex-wife Lyllian Ceruolo (Lyllian),2 and her mother, Martha Garcia
(Garcia) for defamation and negligent and intentional infliction
1 Lyllian Ceruolo.
2 Because these parties share the same last name, we refer
to them by their first names.
2
of emotional distress following the conclusion of a contentious
divorce. The defe... More...
   $0 (09-07-2017 - MA)

Daniel J. Ratajczak, Jr., et al. v. Beazley Solutions Limited and Land O'Lakes Inc v. Packerland Whey Products Inc et al.

Between 2006 and 2012
Packerland Whey Products, Inc., deceived at least one of its
customers about the protein content of a product called
Whey Protein Concentrate. Whey, the watery part of milk
that remains after the removal of curds, is rich in protein.
Removing whey’s nonprotein components generates a concentrate
that can be used in other products. Land O’Lakes,
Inc.... More...
   $0 (09-07-2017 - )

Randall Mills v. Weakley Barnard Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

This suit involves three main questions: (1) whether plaintiff
Randall Mills sufficiently pleaded a claim for malicious prosecution under 42 U.S.C. § 1983;
(2) whether Mills sufficiently pleaded a claim for fabrication of evidence under § 1983; and
(3) whether Mills sufficiently pleaded a Brady claim. The district court found that Mills had not
so pleaded and granted defendant Shar... More...
   $0 (09-06-2017 - TN)

Theresa L. Allocca v. York Insurance Company of Maine, et al.

[¶1] In January 2014, Timothy Austin Davison, who was known as Asti,
was fatally shot while operating a vehicle that an assailant, operating another
vehicle, had forced onto a median on an interstate highway. Asti’s parents,
Theresa L. Allocca and Timothy Allen Davison, filed this action in their
individual capacities, and Davison also filed as personal representative of the
Es... More...
   $0 (08-31-2017 - ME)

Alexandria Gregg v. State of Hawaii, Department of Public Safety Federal Courthouse - Honolulu, Hawaii

Alexandria Gregg learned she had psychological
disorders years after she underwent sexual shame therapy
sessions at a Hawaii correctional facility. Because Gregg
experienced feelings of embarrassment and humiliation
contemporaneously with her therapy sessions, the district
GREGG V. 4 STATE OF HAWAII DPS
court held her claims accrued on the last date that the sessions
oc... More...
   $0 (08-29-2017 - HI)

Orange County Water District v. Sabic Innovative Plastics US, LLC

The Orange County Water District (District) was created by the California
Legislature to protect and manage groundwater supplies within its territory, which covers
most of Orange County, California. The District and other regulatory agencies have long
been aware of localized groundwater contamination caused by hazardous substance
releases at various sites in the so-called "South Ba... More...
   $0 (08-26-2017 - CA)

City of Houston v. Frank Nicolai and Debora Nicolai as Parents of Caroline Nicolai, Deceased Harris County Courthouse - Houston, Texas

In this interlocutory appeal,1 appellant, the City of Houston (the “City”), challenges the trial court’s order denying its plea to the jurisdiction in the suit by appellees, Frank Nicolai and Debora Nicolai, as parents of Caroline Nicolai, deceased (the “Nicolais”), against the City for negligence and wrongful death.2 In its sole issue,3 the City contends that the trial court lacks subject-matter ... More...   $0 (08-25-2017 - TX)

Flanigan's Enterprises, Inc. of Georgia v. City of Sandy Springs, Georgia Eleventh Circuit - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

We granted rehearing en banc to review the constitutionality of a municipal
ordinance prohibiting the sale of sexual devices in light of several recent Supreme
Court decisions which, it was argued, call into question the continued vitality of
this Court’s decision in Williams v. Attorney General (Williams IV), 378 F.3d
1232 (11th Cir. 2004). After we agreed to take the case en ba... More...
   $0 (08-23-2017 - GA)

Peggy Hill; Amy Walker v. Barry Goggins, d/b/a Cherokee Bear Zoo

Defendants Barry Coggins and Collette Coggins, doing business as the Cherokee Bear Zoo (collectively, “the Zoo”), keep, care for, and exhibit bears. In 2013, Plaintiffs Peggy Hill and Amy Walker (collectively, “Plaintiffs”) visited the Zoo, and observed four of the Zoo’s bears living in what Plaintiffs believed to be an inhumane setting. In response, Plaintiffs brought the instant suit against the... More...   $0 (08-14-2017 - NC)

Orange County Water District v. Sabic Innovative Plastics US, LLC

The Orange County Water District (District) was created by the California
Legislature to protect and manage groundwater supplies within its territory, which covers
most of Orange County, California. The District and other regulatory agencies have long
been aware of localized groundwater contamination caused by hazardous substance
releases at various sites in the so-called "South Ba... More...
   $0 (08-07-2017 - CA)

United States of America v. Nicholas Abram Slatten

Nicholas Slatten, Paul Slough, Evan Liberty
and Dustin Heard (“defendants”) were contractors with
Blackwater Worldwide Security (ABlackwater@), which in 2007
was providing security services to the United States State
Department in Iraq. As a result of Baghdad shootings that
injured or killed at least 31 Iraqi civilians, Slough, Liberty and
Heard were convicted by a jury of ... More...
   $0 (08-05-2017 - DC)

Lon Smith & Associates, Inc. and A-1 Systems, Inc., d/b/a Lon Smith Roofing and Construction v. Joe Key and Stacci Key

This is an interlocutory appeal from an order certifying a class action.1
Appellants Lon Smith & Associates, Inc. and A-1 Systems, Inc., d/b/a Lon Smith
1
See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(3) (West Supp. 2016).
Roofing and Construction2 raise five issues claiming that the trial court erred by
certifying a class because various class-certificati... More...
   $0 (08-03-2017 - TX)

Richardie Kelley v. North East Insurance Company

[¶1] Richardie Kelley appeals from the entry of a summary judgment in
the Superior Court (Penobscot County, Anderson, J.) in favor of North East
Insurance Company on the reach and apply action she brought pursuant to
24-A M.R.S. § 2904 (2016). The court concluded that the damages awarded to
Kelley in the underlying action, see 7 M.R.S. § 3961(2) (2016), were based on a
claim th... More...
   $0 (07-25-2017 - ME)

Tray Don Goswick v. The State of Texas

Joseph Warren, a certified peace officer, testified that he arrested Appellant for driving without a valid driver’s license. While Officer Warren transported Appellant to jail, Appellant told Officer Warren that he had “dope” in his right watch pocket. Officer Warren retrieved a small black bag that contained a white crystal substance. Officer Warren field-tested the white crystal substance, an... More...   $0 (07-22-2017 - TX)

Alandis Montreal Russaw, JR. v. The State of Texas Jury gives Russaw 65 years for sexual assault of a child

The victim in this case is Russaw’s 11 year-old stepdaughter, “Ariel.” The
discovery of the offense occurred when Ariel was found to be pregnant. DNA tests
revealed that Russaw was the father of Ariel’s child.
Russaw asserts in his first issue that the trial court erred in admitting a photograph
of the man Russaw and Ariel’s mother accused of sexually assaulting Ariel. Speci... More...
   $0 (07-22-2017 - TX)

Donald Harrell v. The State of Texas Bowie County man gets life for sexual abuse of 9-year-old girl

On September 16, 2015, F.H.1 made an outcry of sexual abuse against her uncle, Donald
Harrell. As a result, a Bowie County jury convicted Harrell of two counts of aggravated sexual
assault of a child2 and one count of indecency with a child by contact.3 For each of the two
convictions of aggravated sexual assault of a child, Harrell was sentenced to imprisonment for life,
and... More...
   $0 (07-20-2017 - TX)

Shephard Mapolisa v. The State of Texas FIFTH COURT OF APPEALS IN DALLAS

Appellant and his wife had been separated for three years when appellant agreed to let
her stay in his apartment temporarily. One evening, they got into a heated discussion about
appellant’s romantic involvement with another woman. Appellant became angry, jumped over
an ottoman and on top of Wife, and “grabbed, clawed, scratched, and pulled at her” while
attempting to throw h... More...
   $0 (07-19-2017 - TX)

Shephard Mapolisa v. The State of Texas

Appellant and his wife had been separated for three years when appellant agreed to let
her stay in his apartment temporarily. One evening, they got into a heated discussion about
appellant’s romantic involvement with another woman. Appellant became angry, jumped over
an ottoman and on top of Wife, and “grabbed, clawed, scratched, and pulled at her” while
attempting to throw h... More...
   $0 (07-19-2017 - TX)

Noel Don Juan v. The State of Texas Court of Appeals - 4th District Aggravated sexual assault of a child

According to the record, Juan moved in with his girlfriend Natasha and her children in
2008. After moving in and out several times over approximately four years, Juan moved out for
the last time in 2012. Natasha testified that in July 2013, after she picked her daughter J.M. up
after a sleepover at a friend’s house, J.M. made an outcry, telling Natasha that Juan had sexually
... More...
   $0 (07-17-2017 - TX)

Robert Lee Green, Jr. v. The State of Texas Third Court of Appeals, Austin, Texas

Before trial, Green filed a motion in limine requesting that the trial court instruct the
State not to refer to any extraneous offenses or alleged misconduct without first holding a hearing
outside the jury’s presence. The trial court granted the motion. At trial, the State informed the
court that it would call a witness who would testify about an assault that Green allegedly committ... More...
   $0 (07-16-2017 - TX)

Markeita Raychell Smith v. The State of Texas Texas Second District Court of Appeals

On December 31, 2014, Jeorgina Flores and Rita Dimas, along with
Dimas’s 14-month-old son, were shopping at a Charlotte Russe store inside the
Parks Mall in Arlington, Texas. While there, they encountered Smith blocking an
aisle and talking on her cell phone. They said “excuse me” twice and then went
around her. After they passed her, Smith accused Dimas and Flores of running <... More...
   $0 (07-16-2017 - TX)

MICHAEL LORENCE v. THE STATE OF TEXAS Second Court of Appeals in Fort Worth, TX

On August 18, 2012, Nancy Howard was shot in the head as she exited
her vehicle in the garage of her Carrollton home upon returning from church.
Although she lost an eye, suffered damage to her mouth, throat, and brain,
suffered a collapsed lung because the bullet lodged itself in her lung, and lost the
use of her right arm and fingers, after 18 days in the hospital, multiple ... More...
   $0 (07-15-2017 - TX)

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