Defamation Law
 
Pan Am Systems, Inc. v. Atlantic Northeast Rails and Ports, Inc.

Today's appeal centers on a district judge's decision
kicking out this battle-scarred defamation case on summary
judgment. By way of introduction, plaintiffs are David Andrew
Fink, Pan Am Systems, Inc., and Springfield Terminal Railway
Company. Fink is the former President and CEO of Pan Am, the
parent corporation of Springfield. Defendants are Chalmers
Hardenbergh and Atla... More...
   $0 (10-12-2015 - ME)

Bikkina v. Mahadevan

We begin with the facts alleged in the complaint. In 2007, Bikkina entered a Ph.D. program at the McDougall School of Petroleum Engineering at the University of Tulsa (University). Mahadevan was his dissertation advisor and supervisor from 2007 to 2010. Bikkina complained that Mahadevan was repeatedly reassigning him to different projects and requested a new advisor, which he was given in May 2... More...   $0 (10-09-2015 - CA)

Juan Antonio Coronado, Francisco Soliz Ramirez, Roberto Rivera III, and Ruben Contreras v. Freedom Communications, Inc. d/b/a The Brownsville Herald and Valley Morning Star

Appellants, Juan Antonio Coronado, Francisco Solis Ramirez, Roberto Rivera III,
and Ruben Contreras, appeal the trial court’s grant of traditional summary judgment in
favor of appellee, Freedom Communications, Inc. d/b/a The Brownsville Herald and
2
Valley Morning Star. By three issues, appellants contend that trial court erred in concluding that no genuine issue of material fact e... More...
   $0 (09-30-2015 - TX)

Yelena Galper v. JP Morgan Chase Bank, N.A.

This is a case about identity theft, and it requires us to consider the
relationship between a New York state law providing remedies for victims of
identity theft and the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.
(FCRA). An identity theft occurs when someone misappropriates another
person’s name or other personal information in order to engage in fraud or otherMore...
   $0 (09-30-2015 - NY)

Defender Security Company v. First Mercury Insurance Company

Appellant Defender Security Company
(“Defender”) purchased a commercial general liability
insurance policy from Appellee First Mercury Insurance
Company (“First Mercury”). Defender timely tendered a
claim to First Mercury, based on a lawsuit filed against Defender
in California state court. First Mercury denied coverage
and refused to defend Defender in that lawsuit. Defend... More...
   $0 (09-29-2015 - IN)

Joseph E. McClain III v. Dell, Inc., Seaton Corp. d/b/a Staff Management

Joseph E. McClain III, proceeding pro se and in forma pauperis, filed this appeal from the trial court’s order granting the motion of Dell, Inc., Seaton Corp. d/b/a Staff Management (hereafter Dell) for sanctions, a declaration that McClain is a vexatious litigant, dismissing McClain’s fourth suit against Dell, and ordering him to pay Dell $4,000 in attorney’s fees. The case was originally appeale... More...   $0 (09-24-2015 - TX)

Joseph E. McClain III v. Dell, Inc., Seaton Corp. d/b/a Staff Management

Joseph E. McClain III, proceeding pro se and in forma pauperis, filed this appeal from the trial court’s order granting the motion of Dell, Inc., Seaton Corp. d/b/a Staff Management (hereafter Dell) for sanctions, a declaration that McClain is a vexatious litigant, dismissing McClain’s fourth suit against Dell, and ordering him to pay Dell $4,000 in attorney’s fees. The case was originally appeale... More...   $0 (09-24-2015 - TX)

Gina Holub v. Chris Gdowski

After Adams 12 Five Star Schools terminated Gina Holub’s employment as an
internal auditor for the School District, she brought this action against the School
District and two of its officials, Superintendent Chris Gdowski and Chief Financial
2
Officer Shelley Becker. Holub raised First Amendment and state law claims, alleging
the defendants terminated her employment in retalia... More...
   $0 (09-24-2015 - CO)

SD3, LLC; Sawstop, LLC v. Black & Decker (U.S.), Inc.

SD3, LLC and its subsidiary, SawStop, LLC (together, “SawStop”), contend that several major table-saw manufacturers conspired to boycott SawStop’s safety technology and corrupt a private safety-standard-setting process, all with the aim of keeping that technology off the market. Consequently, SawStop sued nearly two dozen saw manufacturers and affiliated entities, alleging that they violated § 1 o... More...   $0 (09-15-2015 - VA)

Stephanie Lenz v. Universal Music Corp.

Stephanie Lenz filed suit under 17 U.S.C. § 512(f)—part
of the Digital Millennium Copyright Act (“DMCA”)—
against Universal Music Corp., Universal Music Publishing,
Inc., and Universal Music Publishing Group (collectively
“Universal”). She alleges Universal misrepresented in a
takedown notification that her 29-second home video (the
“video”) constituted an infringing use of... More...
   $0 (09-14-2015 - CA)

Aaron Lee Benshoof v. Garfield County Commission

Enid, OK - Aaron Lee Benshoof sued Garfield County Commission, Sheriff Department, Jerry Niles, Marcus and Dentention Center on a damage theory:

I Aaron Lee Benshoof, is an individual who resides at 23919 Paradise Ln, Jet, OkIa. 73749
2. Entities, Garfield County Commission, Sheriff Dept., Jerry Niles, Marcus, and Detention Center, reside in Garfield County in Enid Oklahoma. The defen... More...
   $0 (09-14-2015 - OK)

Morse v. Fusto

In 2002, the MFCU initiated an investigation into the professional financial
affairs of Morse, a dentist, then practicing with another dentist in the Park Slope 4  
neighborhood of Brooklyn as ʺ580 Dental, P.C.ʺ  The defendant John Fusto, then 5  
a Special Assistant Attorney General with the MFCU, was assigned to the case, as 6  
was the defendant Jose Castillo, then an ... More...
   $0 (09-13-2015 - NY)

Barker v. Fox & Associates

An understanding of the factual background predating Barker’s complaint is necessary to put the matter in context, and we begin with that background.
Allison McBride (Allison), an elderly woman, suffered from dementia for many years. Allison had two daughters, Lucy McBride Olsen (Olsen) and Cameron Volker (Volker).
For several years, a dedicated team of paid caregivers—described by Olse... More...
   $0 (09-11-2015 - CA)

Collier v. Harris

Korpi is an education activist involved in the politics of the Capistrano Unified School District (District). Although he does not hold a leadership position, he volunteers his time with Capistrano Unified Children First (Children First), a nonprofit organization dedicated to improving the quality of education in the District. Korpi was a vocal supporter of certain candidates during a recall ele... More...   $0 (09-02-2015 - CA)

Robert Swindol v. Aurora Flight Sciences Corp.

The district court dismissed Robert Swindol’s wrongful discharge and defamation claims under Federal Rule of Civil Procedure 12(b)(6). It held that Mississippi’s employment-at-will doctrine barred the wrongful discharge claim and that falsity had not been adequately alleged for the defamation claim. The wrongful discharge claim presents an important and determinative question of state law that h... More...   $0 (08-30-2015 - MS)

Robert Swindol v. Auroa Flight Sciences Corporation

The district court dismissed Robert Swindol’s wrongful discharge and defamation claims under Federal Rule of Civil Procedure 12(b)(6). It held that Mississippi’s employment-at-will doctrine barred the wrongful discharge claim and that falsity had not been adequately alleged for the defamation claim. The wrongful discharge claim presents an important and determinative question of state law that has... More...   $0 (08-28-2015 - MI)

Albert Morris and Tilda Morris, et al. v. Unified Housing Foundation Inc., et al.

Appellants were the plaintiffs in this suit for personal injuries, “malicious” contract breaches arising from an apartment lease, and federal civil rights violations. Their claims arose from an incident in which appellant Albert Morris was allegedly assaulted and injured without justification by an off-duty Parkland Hospital police officer and by City of Dallas police officers in the parking lot o... More...   $0 (08-24-2015 - TX)

Rochester City Lines, Co. vs. City of Rochester et al.

This case involves two questions arising out of the City of Rochester’s selection of
a contractor to run its municipal bus service. The first question requires us to determine
the appropriate standard of review for an award of a government contract through a “best
value” bidding process, a method by which a government contractor is selected by
weighing various quantitative and... More...
   $0 (08-19-2015 - MN)

American Freedom Defense v. King County

Defendant King County’s public transit agency, Metro,
operates an extensive public transportation system in the
greater Seattle metropolitan area, with the primary purpose of
providing safe and reliable public transportation. Like many
transit agencies, Metro finances its operations in part by
selling advertising space, including on the exteriors of its
buses. Advertisement... More...
   $0 (08-12-2015 - WA)

Hartford Casualty Ins. Co. v. J.R. Marketing, L.L.C.

In the summer of 2005, appellant Hartford Casualty Insurance Company (Hartford) issued one CGL insurance policy to Noble Locks Enterprises, Inc. (Noble Locks), effective from July 28, 2005, to July 28, 2006, and a second CGL policy to J.R. Marketing, L.L.C. (J.R. Marketing), effective August 18, 2005, to August 18, 2006. In these policies, Hartford promised to defend and indemnify the named insur... More...   $0 (08-10-2015 - CA)

Dr. Bernd Wollschlaeger, et al v. Governor of the State of Florida, et al

On June 2, 2011, Florida Governor Rick Scott signed the Act into law. The
Act created Fla. Stat. § 790.338, entitled “Medical privacy concerning firearms;
prohibitions; penalties; exceptions,” and amended the Florida Patient’s Bill of
Case: 12-14009 Date Filed: 07/28/2015 Page: 5 of 152
6
Rights and Responsibilities, Fla. Stat. § 381.026, to include several of the... More...
   $0 (08-09-2015 - FL)

Devon Robotics, LLC v. Gaspar Deviendma; McKessen Corporation

Appellee Devon Robotics, LLC (“Devon”) acquired the rights to distribute two robotic medical devices, CytoCare and i.v. Station, from an Italian corporation, Health Robotics, S.r.l. (“Health Robotics”). Appellant Gaspar DeViedma (“DeViedma”), the general counsel for Health Robotics, negotiated the distribution contracts for both CytoCare and i.v. Station. Each contract contained an identical arb... More...   $0 (08-08-2015 - PA)

John C. McConnell, M.D. v. Coventry Health Care National Network and First Health Group Corp. and Liberty Mutual Insurance Company

John C. McConnell, M.D., appeals the trial court’s final summary judgment rejecting his causes of action against Coventry Health Care National Network, First Health Group Corp., and Liberty Mutual Insurance Company. In general, McConnell alleged he was wrongfully terminated as a workers’ compensation network provider by Coventry,1 Coventry tortiously interfered with McConnell’s business relationsh... More...   $0 (07-30-2015 - TX)

Dr. Bernd Wollschlaeger v. Governor of Florida

Miami, FL - Eleventh Circuit holds that Florida may prohibit doctors from asking patients about gun ownership


The Governor of the State of Florida, other Florida officials, and members of the Board of Medicine of the Florida Department of Health (collectively, the “State”), appeal from the District Court’s grant of summary judgment and an
injunction in favor of a group of physicia... More...
   $0 (07-29-2015 - FL)

Calhoun Health Services v. Martha Glaspie

Martha Glaspie was a nurse at the Calhoun Health Services community hospital
nursing home. After injuring her back, she was required to undergo a drug screening. She
was fired from her employment at the hospital after the drug test came back positive for use
of cocaine.

¶2. Glaspie filed suit against the hospital for wrongful termination, negligence,
defamation, and breach... More...
   $0 (07-27-2015 - )

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AK Morlan
Kent Morlan, Esq.
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