Defamation Law
 
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)

Hearts With Haiti, Inc. and Michael Geilenfeld v. Paul Kendrick

Portland, ME - Michael Geilenfeld, age 63, and Heart With Haiti, Inc. sued Paul Kendrick, age 65, on defamation theories claiming that Kendrick wrongfully broadcaster false and defamatory statements about him in an email campaign starting in 2011 stating that Geilenfeld, the executive director of Heart With Haiti sexually abused some orphans in his care at his Haiti orphanage.

Kendrick s... More...
   $14500000 (07-25-2015 - )

Azeb Ruder v. William Jordan d/b/a William Davis Realty, William Davis Real Estate Services, LLC

Azeb Ruder appeals from the trial court’s order denying her motion to dismiss filed pursuant to Chapter 27 of the Texas Civil Practices and Remedies Code, commonly referred to as the Texas Citizens’ Participation Act (“TCPA”). See generally TEX. CIV. PRAC. & REM. CODE ANN. §§ 27.001–.011 (West 2015). In her first two issues, Ruder contends the trial court erred in denying her motion to dismiss app... More...   $0 (07-20-2015 - TX)

STILWYN, INC. v. ROKAN CORPORATION

In May of 2007, the First Bank of Idaho made a loan to Stilwyn, Inc., in the amount of 9.5 million dollars. The loan was secured by a deed of trust encumbering Stilwyn’s real property. Farmers National Bank later acquired a forty-two percent interest in the loan, while First Bank of Idaho retained a fifty-eight percent interest. In April of 2009, the Federal Deposit Insurance Corporation (“FDIC”) ... More...   $0 (07-17-2015 - )

Jimmy Hinkle v. Rick White and Thomas Oliverio

Jimmy Hinkle sued Rick White, an
investigator with the Illinois State Police, and White’s supervisor,
Thomas Oliverio, alleging that they violated his due
process rights by spreading rumors that he was an arsonist and
a child molester. The district court concluded that Hinkle had
not established a protected liberty interest and granted the
defendants summary judgment. We af... More...
   $0 (07-16-2015 - IL)

Rosalinda Baez v Jetblue Airways Corporation

Plaintiff Rosalinda Baez brought claims against defendants JetBlue
Airways Corporation (“JetBlue”) and its former employee, Tiffany Malabet
(“Malabet”), arising out of an encounter at John F. Kennedy Airport (“JFK
Airport”), in which Baez was reported by Malabet for making an alleged bomb
2
threat and was then arrested by the Federal Bureau of Investigation (“FBI”). Baez
ar... More...
   $0 (07-16-2015 - NY)

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)

Michael Joseph Sellers v. Deere & Company, also known as John Deere Company; Clyde D'Cruz

Michael Sellers, an employee at Deere & Company (Deere) for over thirty
years, sued Deere and his supervisor, Clyde D’Cruz (collectively, defendants),
alleging (1) age discrimination under the Age Discrimination in Employment Act
(ADEA), 29 U.S.C. § 621 et seq., and the Iowa Civil Rights Act (ICRA), Iowa Code
§ 216; (2) disability discrimination under the Americans with Disabilitie... More...
   $0 (07-02-2015 - IA)

Rickey L. Tolbert v. Richard Smith and Rochester City School District

17 The plaintiff, Rickey Tolbert, is an African-American
18 former teacher at John Marshall High School (“John Marshall”) in
19 the Rochester City School District (the “School District”). He
20 appeals from a judgment of the United States District Court for
21 the Western District of New York (Siragusa, J.). The district
22 court granted summary judgment dismissing the ... More...
   $0 (06-24-2015 - NY)

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)

United States of America v. David Parse

Defendant David Parse appeals from a judgment entered in the United States District
25 Court for the Southern District of New York following a jury trial before William H. Pauley III, Judge,
26 convicting him on one count of mail fraud, in violation of 18 U.S.C. §§ 1341 and 2, and on one count
27 of corruptly endeavoring to obstruct and impede the administration of the internal reven... More...
   $0 (06-08-2015 - NY)

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)

ExxonMobil Pipeline Company, Robert W. Caudle and Ricky Stowe v. Travis G. Coleman

At issue in this interlocutory appeal is whether the Texas Citizens Participation Act applies to appellee Travis G. Coleman’s lawsuit against appellants — his former employer, ExxonMobil Pipeline Company, and supervisors, Robert W. Caudle and Ricky Stowe — arising out of internal, private communications about his job performance. The trial court concluded it did not and denied appellants’ ... More...   $0 (05-12-2015 - F)

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
affirm.
I. Background
Col... More...
   $0 (05-12-2015 - MA)

Michael White v. CN Utility Consulting, Inc., Wright Tree Service, Inc. and Chuck Bradley

Tulsa, OK - Michael White sued CN Utility Consulting, Inc., Wright Tree Service, Inc. and Chuck Bradley on wrongful termination theories claiming:

1. The Defendant Wright Tree Service, Inc. (“Wright Tree”) is a contractor for Public Service Company of Oklahoma (“PSO”), responsible in part for tree trimming operations related to power lines in the State of Oklahoma, including the C... More...
   $1 (05-07-2015 - OK)

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)

Connie Anderson v. Steve Geist

Plaintiff and respondent Connie Anderson alleges that deputies of the San Bernardino Sheriff’s Department unlawfully entered her residence on two occasions, attempting to arrest her daughter pursuant to a bench warrant that had already been recalled, and in the process making defamatory statements to her neighbors. Defendants
2
and appellants Steve Geist and Daniel Shelton (defendants) a... More...
   $0 (04-22-2015 - CA)

JOHN KLEAS CO., INC. v. MICHAEL PROKOP, DAVID A. CARP AND HERZOG & CARP, P.C.

Appellant John Kleas Co., Inc. (“Kleas”) challenges the trial court’s summary
judgment and its award of attorney’s fees as sanctions in favor of appellees, Michael
Prokop, David A. Carp, and Herzog & Carp, P.C. By five issues, Kleas contends that: (1)
the trial court erred by denying its motion to continue a hearing on appellees’ summary
2
judgment motions; (2) Kleas ... More...
   $0 (04-02-2015 - TX)

Dr. Richard Malouf and Leanne Malouf v. Graham Wood

These consolidated appeals involve motions to dismiss defamation claims under the Texas Citizen’s Participation Act1 (TCPA). AOL, Inc. brings an interlocutory appeal of the denial of its motion to dismiss defamation claims brought by Dr. Richard Malouf and his wife, Leanne Malouf.2 The Maloufs appeal the final judgment in a severed action dismissing their
1 TEX. CIV. PRAC. & REM. CODE ANN. Â... More...
   $0 (04-02-2015 - TX)

Breitling Oil and Gas Corporation v. Petroleum Newspapers of Alaska, LLC d/b/a Petroleum News Bakken

Appellant Breitling Oil and Gas Corporation appeals the trial court’s order granting appellee Petroleum Newspapers of Alaska, LLC, d/b/a Petroleum News Bakken’s motion to dismiss filed pursuant to chapter 27 of the civil practice and remedies code, the Texas anti-SLAPP (Strategic Lawsuits Against Public Participation) statute, referred to as the Texas Citizens’ Participation Act (TCPA). See ... More...   $0 (04-01-2015 - TX)

Monica Cecilia Cook v. Department of Commerce, Division of Occupational and Professional Licensing and Board of Nursing

¶1 Monica Cecilia Cook challenges the Department of Commerce’s decision to revoke her Advanced Practice Registered Nurse (APRN) license, revoke her license to prescribe and administer controlled substances, and fine her $5,000 for unprofessional conduct. We approve the decision as to the unprofessional-conduct determination and the fine, but we set aside the Department’s revocation of her lic... More...   $0 (03-19-2015 - UT)

Madeline Serafin v. Balco Properties, Ltd.

Madeline Serafin (Serafin) sued her former employer Balco Properties Ltd., LLC and related individuals and entities1 (collectively Balco) alleging claims arising from her employment, including wrongful termination, harassment, and defamation. The trial court granted Balco’s motion to stay the litigation until the completion of binding arbitration based upon an arbitration agreement Serafin signe... More...   $0 (03-16-2015 - CA)

Sybac Solar AG, Co. v. Thomas Falz

Sybac Solar AG, Co., appeals the nonfinal order denying its motion to
dismiss on forum non conveniens grounds. We reverse.
- 2 -
Sybac is a German corporation having its principal place of business in
Germany. Thomas Falz filed a complaint against Sybac for defamation and tortious
interference. The complaint alleged that Sybac's agent, a German citizen, falsely
accused Falz... More...
   $0 (03-13-2015 - FL)

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AK Morlan
Kent Morlan, Esq.
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