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Libel Law
LA Taxi v. Independent Taxi Owners

On August 2, 2013, plaintiffs filed a complaint for damages and injunctive relief against defendants. The complaint alleged that Yellow Cab, Bell Cab, ITOA, and Checker Cab are taxicab service companies operating in Los Angeles County. It further alleged that defendants engaged in false advertising on the Internet. According to the complaint, taxi companies engage in “search advertising” -- the... More...   $0 (08-21-2015 - CA)

Assn. for LA Deputy Sheriffs v. LA Times

According to appellants, the Los Angeles County Office of Public Safety (OPS) used to be a law enforcement agency separate from the Los Angeles County Sheriff’s Department (LASD). In 2010, the County decided to merge OPS into LASD. Apparently, OPS officers who wanted to work for LASD were required to complete application forms for LASD. LASD hired former OPS officers to work as deputy sheriffs.... More...   $0 (08-20-2015 - CA)

Susan H. Chadd v. United States of America

Seattle, WA - Ninth Circuit reverses grant of Tort Claim summary judgment on wrongful death claim

We must decide whether the United States may be sued
under the Federal Tort Claims Act for the actions of the
National Park Service relating to a mountain goat that
attacked and killed a Park visitor.
Established in 1938, Olympic National Park (“Olympic”
or the... More...
   $0 (07-27-2015 - WA)

Jessica Shannon v. Memorial Drive Presbyterian Church U.S.

We are asked to decide whether ecclesiastical immunity can shield a church
from contractual liability when the subject contract does not implicate church
doctrine. In seven issues, appellant Jessica Shannon challenges the trial court’s
grant of appellee Memorial Drive Presbyterian Church’s plea to the jurisdiction
and motions for summary judgment. Concluding that the Church is not ... More...
   $0 (07-26-2015 - TX)

Art Reyna v. Irene Baldridge and Kathy Hill

Appellant Art Reyna was sued by Appellees Irene Baldridge and Kathy Hill for libel per se based on a printed campaign advertisement distributed shortly before a Leon Valley City Council election in May 2013. Reyna moved to dismiss Appellees’ suit under the Texas Citizens Participation Act (TCPA), but the trial court denied his motion, and he filed this interlocutory appeal. Because Appellees estab... More...   $0 (07-15-2015 - TX)

In re the Marriage of Keri Evilsizor and Joseph Sweeney

Appellant Joseph Sweeney downloaded the contents of respondent Keri Evilsizor’s cell phones around the time Evilsizor gave birth to the couple’s daughter. After these dissolution proceedings were initiated a few months later, Sweeney filed with the court copies of some downloaded text messages. Evilsizor sought a restraining order under the Domestic Violence Prevention Act (DVPA) to stop Sween... More...   $0 (06-23-2015 - CA)

Jessica Chan v. Peter Curran

After plaintiff and appellant Jessica Chan’s mother died from internal
hemorrhaging related to Coumadin use following heart surgery, Chan successfully sued
defendant and respondent Peter Curran for medical malpractice. Neither the sufficiency
of the evidence to support the malpractice verdict, nor any other issue associated with the
trial and the rendition of the jury verdict, is... More...
   $0 (06-09-2015 - CA)

In Re Memorial Herman Hospital System; Memorial Herman Physician Network; Michael Macris, M.D.; Michael Macris, M.D., P.A. and Keith Alexander

A decade ago, we observed: “While the medical privileges are important in promoting free discussion in the evaluation of health care professionals and health services, the right to evidence is also important, and therefore privileges must be strictly construed.”1 In this original proceeding—involving a heart surgeon who claims his former hospital retaliated against him for joining a competin... More...   $0 (05-22-2015 - TX)

David Mauk v. Pipe Creek Water Well, LLC and Robert Rae Powell

Appellant David Mauk, the general manager for Bandera County River Authority and Groundwater District, was sued for defamation, slander per se, and business disparagement. Mauk moved to dismiss the suit under section 101.106(f) of the Texas Tort Claims Act. He asserted he was immune from suit because he was a governmental unit employee acting within the scope of his employment and the suit could h... More...   $0 (05-20-2015 - TX)

Mikob Properties, Inc., Allan Klein, and Mitchell Kobernick v. David Joachim, International Realty Concepts, Inc., and H.S. Joachim Family Limited Partnership LTD.

This breach of contract case arises out of a settlement agreement negotiated by business
people who were represented by counsel. Appellants assert five issues that present three areas of
dispute: (i) whether the trial court erroneously dismissed appellants’ claim that the appellees
breached a settlement agreement by pursuing a lawsuit not mentioned in the settlement
agreement; (i... More...
   $0 (05-19-2015 - TX)

Colleen C. Piccone v. John W. Bartels, Jr.

Following an encounter between the
parties, Defendant, a local police chief, called Plaintiffs'
employer to complain about their behavior during the incident.
Plaintiffs filed suit, alleging, inter alia, slander and
interference with advantageous business relations. The district
court granted summary judgment to Defendant on both counts. We
I. Background
Col... More...
   $0 (05-12-2015 - MA)

John Dewey Holt v. Kamagon Fitness, Karen L. Reed, Mark Reed and Hedstrom PLastics, Inc.

Tulsa, OK - John Dewey Holt sued Kamagon Fitness, Karen L. Reed, Mark Reed and Hedstrom PLastics, Inc. on fraud, breach of contract, intentional infliction of emotional distress, libel and tortious interference with contract theories claiming:

2. That upon information and belief, Kamagon Fitness LLC was and is a domestic limited liability corporation located in Tulsa County, State of Okl... More...
   $1 (04-27-2015 - OK)

United States of America v. Jantran, Inc.

The Miss Dixie is a cargo line boat operated by Jantran, a company
involved in maritime transportation on the Verdigris River in Oklahoma. While
operating on the river, the Miss Dixie struck and extensively damaged a lock
maintained by the Army Corps of Engineers. After repairing the lock, the Corps
sued Jantran for the costs of repair.
One would think such a suit would be a ro... More...
   $0 (04-09-2015 - OK)

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)

Marvalyn Decambre v. Rady Children's Hospital-San Diego

Marvalyn DeCambre, M.D., appeals a judgment entered after the trial court granted special motions to strike pursuant to Code of Civil Procedure section 425.161 brought by defendants Rady Children's Hospital-San Diego (RCHSD), Children's Specialist San Diego (CSSD) and the Regents of the University of California (Regents) (collectively, defendants), and also sustained defendants' demurrers to certa... More...   $0 (03-11-2015 - 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)

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
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)

Westmont Residential, LLC v. Brad Buttars

¶1 Westmont Residential, LLC and Terry Foote (collectively,
Westmont) appeal the trial court’s dismissal of all of Westmont’s
claims against Brad Buttars and Sarah Miller (collectively,
Defendants). We affirm.
¶2 Defendants sought an early termination of their one-year
“Uniform Residential Rental Agreement” (the Rental Agreement)
to rent an apartmen... More...
   $0 (12-11-2014 - UT)

Yazan Khatib v. Old Dominion Insurance Company

The issue in this case is whether Old Dominion Insurance Company has a duty to defend and indemnify four doctors who are defendants in a third-party
defamation claim, appended to a multi-faceted action for fraud, conversion, civil conspiracy, breach of contract, and other causes of action, being prosecuted by them against the president and founder of a medical practice they all once enjoyed to... More...
   $0 (12-05-2014 - FL)

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
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)

Baltasar D. Cruz v. James Van Sickle

Baltasar D. Cruz sued James Van Sickle, Karl-Thomas Musselman d/b/a Burnt Orange Report, and Katherine Haenschen for libel. Appellees moved to dismiss the suit pursuant to the Texas Citizens Participation Act (the Act),1 commonly referred to as an anti-SLAPP2 statute, designed to protect citizens who exercise their constitutional rights to, among other things, communicate about matters of public c... More...   $0 (12-04-2014 - 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.
... More...
   $0 (11-18-2014 - TX)

Wing F. Chau v. Michael Lewis

Plaintiffs‐Appellants Wing F. Chau and Harding Advisory LLC appeal
from a March 29, 2013 judgment of the United States District Court for the
Southern District of New York (Daniels, J) dismissing their claims of libel against
Defendants‐Appellees author Michael Lewis, his source, Steven Eisman, and
Lewis’s publisher, W.W. Norton, for twenty‐six allegedly defamatory statemen... More...
   $0 (11-14-2014 - NY)

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)

Boris Y. Levitt v. Yelp! Inc.

Today, individuals can share their opinions with the entire
world courtesy of a few taps on the keyboard. The appellee
in this case, Yelp! Inc. (“Yelp”), provides an online forum on
which its users express opinions as to services ranging from
dog walkers to taco trucks.
The appellees, Boris Levitt, Cats and Dogs Animal
Hospital, Inc. (“Cats and Dogs”), John Mercurio... More...
   $0 (09-02-2014 - CA)

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