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Invasion of Privacy Law
 
Kathleen Leonard v. Retails' Credit Association of Grass Valley, Inc.

This case involves how a limited civil case (here a cross-complaint) gets reclassified as an unlimited civil case.1
We hold that where petitioner Kathleen Leonard filed, through counsel, an amended cross-complaint that added a cross-defendant and added causes of action that increased the amount in controversy to over $25,000 and tried twice to pay the court clerk the reclassification fee, the ... More...
   $0 (05-22-2015 - CA)

Chris Davis v. Motiva Enterprises, LLC

Chris Davis sued (1) Chris Fournet for invasion of privacy by public disclosure of private facts and by intrusion on seclusion, libel, and intentional infliction of emotional distress; and (2) Motiva Enterprises, L.L.C. for negligent supervision, negligent entrustment, and negligent undertaking.1 Motiva filed a motion to dismiss based on the Communications Decency Act (“CDA”), which the trial ... More...   $0 (04-02-2015 - TX)

William Telish v. California State Personal Board

Plaintiff and appellant William Telish (Telish) appeals a judgment denying his petition for writ of administrative mandate (Code Civ. Proc., § 1094.5)1 wherein he sought to set aside a decision by defendant and respondent California State Personnel Board (SPB or Board) upholding his dismissal from his position with the California Department of Justice (DOJ).
The essential issue presented is t... More...
   $0 (03-10-2015 - CA)

Alterra Excess and Surplus Insurance Company v. Estate of Buckminstyer Fuller

The Estate of Buckminster Fuller (Estate) appeals from a judgment on the pleadings holding that Alterra Excess and Surplus Insurance Company (Alterra) had no duty to defend, and therefore no duty to indemnify, its insured in an action brought by the Estate against the insured. The basis of the judgment was that an exclusion in the Alterra policy, referred to by all below as the “intellectual pro... More...   $0 (03-09-2015 - CA)

United States of America v. Larry Mathews

Hartford, CT - Larry Mathews, 34, of Pawcatuck, Conn., was sentenced today by U.S. District Judge Robert N. Chatigny in Hartford to three years of probation for stealing personal information from hundreds of computers and personal electronic devices that had been brought to him for repair. Judge Chatigny also ordered that MATHEWS must spend the first four months of his probation on a 7:00 p.m. t... More...   $0 (03-03-2015 - CT)

Universal Protectyion Service, L.P. v. Floridalma Franco

Petitioner Universal Protection Service, L.P. (Universal) petitions for a writ of mandate and/or prohibition challenging the superior court's order granting real party in interest Floridalma Franco's demand to arbitrate her employment-related disputes with Universal and ruling the arbitrator would decide the arbitrability of Franco's class action claims. Universal contends the court legally erred ... More...   $0 (02-27-2015 - CA)

Robert C. Baral v. David Schnitt

This is an appeal from an order denying a special motion to strike under Code of Civil Procedure, section 425.16.1 We are asked to add our voice to the growing debate among appellate districts as to whether section 425.16 (anti-SLAPP statute) authorizes excision of allegations subject to the anti-SLAPP statute (protected activity) in a cause of action that also contains meritorious allegations not... More...   $0 (02-05-2015 - CA)

Julia Anna Bertoli v. City of Sebastopol

In this case involving the California Public Records Act (PRA) (Gov. Code, § 6250 et seq.), Julia Anna Bertoli (Bertoli) and her attorney David Rouda (Rouda) (collectively, appellants) appeal from the trial court‟s order finding their PRA litigation “clearly frivolous” and awarding costs and attorneys fees to the City of Sebastopol (City) and certain other respondents pursuant to Government... More...   $0 (01-20-2015 - CA)

Maryangela Tobin v. Federal Express Corporation

Plaintiff-appellant Maryangela
Tobin sued defendant-appellee Federal Express Corporation (FedEx)
for invasion of privacy, infliction of emotional distress, and
negligence. After some preliminary skirmishing, FedEx asked the
district court to enter summary judgment in its favor on the
principal ground that the plaintiff's claims are barred by the
preemption provision of the ... More...
   $0 (12-30-2014 - MA)

LeaAnne Klentzman and Carter Publications, Inc., d/b/a The West Fort Bend Star v. Wade Brady

Appellee, Wade Brady, sued appellants, Carter Publications, Inc. d/b/a The
West Fort Bend Star (“The Star”) and LeaAnne Klentzman, a reporter for The Star,
alleging that they defamed him in a January 15, 2003 article (“the Article”). Based
2
on the jury’s verdict in Wade’s favor, the trial court signed its final judgment awarding him actual and exemplary damages. In nin... More...
   $0 (12-18-2014 - TX)

The State of Texas v. Valerie Saxion, Inc.

In two issues in this accelerated interlocutory appeal, Appellants the State of Texas and Greg Abbott, in his official capacity as Attorney General of the State of Texas (collectively, the State) argue that the trial court erred by denying their
2
plea to the jurisdiction on the Free Exercise and federal Religious Freedom Restoration Act (RFRA) claims of Appellees Valerie Saxion, Inc. and ... More...
   $0 (12-05-2014 - TX)

The People v. Mark Buza

The sole issue in this case is the constitutionality of a provision of the DNA and Forensic Identification Data Base and Data Bank Act of 1998, as amended (Pen. Code, § 295 et seq.) (the DNA Act),1 which requires that a DNA sample be taken from all adults arrested for or charged with any felony offense “immediately following arrest, or during the booking . . . process or as soon as administrati... More...   $0 (12-03-2014 - CA)

Edwards Wildman Palmer v. Shaihrokh Mireskandari

The question before us is whether the attorney-client privilege applies to intrafirm communications between attorneys concerning disputes with a current client, when that client later sues the firm for malpractice. We conclude that when an attorney representing a current client seeks legal advice from an in-house attorney concerning a dispute with the client, the attorney-client privilege may appl... More...   $0 (11-25-2014 - CA)

Deana Pollard Sacks v. Thomas Hall and Gregory R. Travis

Deana Pollard Sacks sued Thomas Hall and Gregory R. Travis for invasion of privacy. The trial court granted Hall’s and Travis’s no evidence and traditional motions for summary judgment against Sacks. On appeal, Sacks identifies eight issues in which she asserts that the trial court erred in granting the motions for summary judgment.
2
We affirm.
Background Summary
Deana Pollard... More...
   $0 (11-20-2014 - TX)

Darrin Opaitz v. Gannaway Web Holding, L.L.C., d/b/a Worldnow; Raycom Media, Inc. d/b/a KCBD-TV NewsChannel 11; and James Clark

Appellant, Darrin Opaitz, challenges the trial court’s order granting summary judgment in favor of media Appellees, Gannaway Web Holdings, LLC, d/b/a Worldnow, Raycom Media, Inc., d/b/a KCBD-TV NewsChannel 11 and James Clark, individually, (collectively KCBD) in his suit for invasion of privacy, defamation by libel, defamation by libel per quod and declaratory judgment.
2
BACKGROUND
... More...
   $0 (11-18-2014 - TX)

Jordan Maxwell v. Josef Dolezal

Jordan Maxwell sued Josef Dolezal after their business relationship deteriorated.
The trial court dismissed Maxwell’s action after sustaining Dolezal’s demurrer to all of
Maxwell’s claims without leave to amend. On appeal, we conclude that Maxwell
properly stated a claim for breach of contract and that the demurrer to that cause of action
was erroneously sustained. We reverse... More...
   $0 (11-04-2014 - CA)

Glen Murphy v. Adolfo C. Dulay

This appeal involves a federal preemption challenge to a Florida statute requiring presuit actions by an individual plaintiff before he may bring a medical Case: 13-14637 Date Filed: 10/10/2014 Page: 1 of 36
2
negligence claim in Florida state court. The district court held that one of those presuit requirements in Florida Statute § 766.1065—that the plaintiff execute a written authoriz... More...
   $0 (10-10-2014 - FL)

Courtney Douglas v. Convergent Outsourcing f/k/a ER Solutions, Inc.

In this case we are asked to decide whether the disclosure of a consumer’s account number on the face of a debt collector’s envelope violates § 1692f(8) of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. Section 1692f(8) limits the language and symbols that a debt collector may place on envelopes it sends to consumers. The District Court held the account number... More...   $0 (10-10-2014 - PA)

R. Scott Phelan v. H. Scott Norville

Appellant and Cross-Appellee, R. Scott Phelan, and Appellee and Cross-Appellant, H. Scott Norville, both appeal a judgment rendered in Phelan’s favor following a jury trial on Phelan’s assault and libel claims against Norville. The jury awarded Phelan a total monetary award of $590,000, consisting of $15,000 for physical pain/mental anguish as a result of the assault claim, $325,000 for past a... More...   $0 (09-22-2014 - TX)

Jon Davler, Inc. v. Arch Insurance Company

A group of employees brought an action against their employer, Jon Davler, Inc., for various employment claims, including sexual harassment, invasion of privacy, and false imprisonment. Jon Davler tendered the action to its insurer, Arch Insurance Company, which denied coverage based on an employment-related practices exclusion. After Jon Davler filed this insurance coverage action against Arch, t... More...   $0 (09-15-2014 - CA)

GAIA Environmental, Inc. v. James B. Galbraith

Appellants Gaia Environmental, Inc. and AXL Industries, L.L.C. brought claims against appellees James B. Galbraith and McLeod, Alexander, Powel & Apffel, P.C. (“MAPA”) for tortious interference with a prospective business relationship, tortious interference with an existing contract, civil conspiracy, and aiding and abetting. Gaia and AXL alleged that attorney Galbraith and his firm
MAPA, ... More...
   $0 (09-09-2014 - TX)

Marilyn Rae Baskin v. Penny Bogan

Indiana and Wisconsin are among the shrinking majority of states that do not recognize the va-lidity of same-sex marriages, whether contracted in these states or in states (or foreign countries) where they are law-ful. The states have appealed from district court decisions invalidating the states’ laws that ordain such refusal.
Formally these cases are about discrimination against the small ... More...
   $0 (09-04-2014 - WI)

Shawn King v. This Land Press, LLC, et al.

Shawn King v. This Land Press, LLC, Keena b. Roberts, Joshua Kline, Michael Mason, Vince Lovoi, Eric Cullen and Cullen & Associates, LLC

Plaintiff, Shawn King, for his claims against Defendants, This Land Press, LLC; Keena B. Roberts; Joshua Kline, Michael Mason, Vince LoVoi, Eric Cullen and Cullen & Associates, LLC, for conversion, invasion of privacy, libel, slander, defamation, invasio... More...
   $0 (08-19-2014 - OK)

Chris Hogan v. Michael K. Winder, et al.

Chris Hogan lost his job with the Utah Telecommunications Open
Infrastructure Agency, or “UTOPIA,” a state agency charged with upgrading
high-speed internet access. Claiming he was fired for revealing a conflict of
interest in contract awards, he threatened to sue the agency for wrongful
termination. Shortly after making this threat, he was subject to several
unflattering m... More...
   $0 (08-06-2014 - UT)

Los Angeles Unified School District v. Los Angeles Times Communications, LLC

When it comes to educating children, few things are more controversial than standardized tests. And few things generate more conflict than how, or even if, teachers should try to improve their students’ performance on such tests. But by law, school districts must establish standards of expected pupil achievement, and teachers are evaluated and assessed in regards to their students’ progress. W... More...   $0 (07-23-2014 - CA)

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