Defamation Law
 
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)

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)

In Re: Rosa Maria Trujillo

In this petition for writ of mandamus, Rosa Maria Trujillo contends that the trial court clearly abused its discretion in denying her discovery requests for various medical and counseling records concerning defendant Jorge Llamas-Soforo. Finding the petitioner has failed to provide us with a sufficient record from which to determine abuse of discretion, we deny the writ.
FACTS
Rosa Maria T... More...
   $0 (02-25-2015 - TX)

Calvo Fisher & Jacob, L.L.P. v. David J. Lujan

This is the third in a series of appeals filed by appellant David Lujan in this case, the general background of which was described in our introduction in the earlier opinion: “A prominent Guam attorney [Lujan] was sued in two lawsuits in Hawaii, followed by a third lawsuit in California, the last of which, were it to succeed, could have cost the attorney millions of dollars, loss of his reputat... More...   $0 (02-19-2015 - CA)

Melissa McCullough v. Kelly Kubiak

The plaintiffs appeal from the circuit court’s order dismissing with prejudice their actions for defamation, negligent supervision, and negligent retention, and granting the defendants’ motion for sanctions under section 57.105, Florida Statutes (2013). The plaintiffs argue that the court primarily erred in three respects: (1) finding that the absolute privilege extending to statements publish... More...   $0 (02-18-2015 - FL)

Gilberto Rincones v. WHM Custom Services, Inc.

Plaintiff Gilberto Rincones appeals a take-nothing judgment entered in favor of
defendants WHM Custom Services, Inc., Exxon Mobil Corporation, and DISA, Inc. As
set forth below, the Court reverses the take-nothing judgment and remands in part, and
affirms in part.
I. BACKGROUND
Gilberto Rincones is a Hispanic male of Mexican descent and heritage. Between
2007 and 2008, he w... More...
   $0 (02-12-2015 - TX)

Jennifer Ghigliotti v. Jimmy E. Smith

Jennifer Ghigliotti and Chris Ghigliotti sued Jimmy E. Smith, Joe Carey and Elizabeth Carey seeking damages claiming:

1. Plaintiffs own and live in a house located at 1525 S.E. 6th Street in Moore, OK.
2. Several months ago, Plaintiffs neighbors (Defendants Joe Carey and Elizabeth Carey, hereinafter “The Careys”) sued Plaintiffs over a dispute over a fence the properties share, SC... More...
   $0 (02-11-2015 - OK)

Todd McNair v. National College Athletic Association

The National Collegiate Athletic Association (the NCAA) unsuccessfully moved the trial court to seal 400 pages of the record in a lawsuit brought against it by plaintiff, Todd McNair, a former assistant football coach at the University of Southern California (USC). The NCAA specially moved to strike plaintiff’s complaint on the ground the action was a strategic lawsuit against public participati... More...   $0 (02-06-2015 - 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)

Carlton M. Albert v. Daniel B. Albert

[¶1] Carlton M. Albert Jr. appeals from a judgment entered in the Superior
Court (Aroostook County, Hunter, J.) in favor of his brother Daniel B. Albert,
following a non-jury trial. Carlton contends that the trial court erred in finding
that, when Carlton conveyed a parcel of land to Daniel in 1992, Daniel did not
have a confidential relationship with him and that Daniel did not u... More...
   $0 (01-22-2015 - ME)

Michael Henne v. City of Yakima

The city of Yakima claims the protection of.
statutes that were designed to protect the rights of those who engage in First
Amendment protected communicative activity. U.S. CONST. amend. I. Those
statutes-Washington's "anti -SLAPP" 1 laws-protect speakers against frivolous,
speech-chilling lawsuits. We hold that a governmental entity like Yakima cannot
take advantage of the ant... More...
   $0 (01-22-2015 - WA)

Stephanie Cruise v. Kroger Co.

Defendants and appellants Kroger Co., Kroger Manufacturing, Compton Creamery, Keith Oldenkamp, Steve Kuebbing, Jesse Turner, Keith Henry, Jill McIntosh and Tony Ramirez (sometimes collectively referred to as Kroger or the Kroger defendants) appeal an order denying their motion to compel arbitration of an employment discrimination action filed by plaintiff and respondent Stephanie Cruise (Cruise).1... More...   $0 (01-20-2015 - CA)

Sheldon G. Adelson v. David A. Harris, Marc R. Stanley and National Jewish Democratic Council

This case raises two significant and unresolved questions of Nevada statutory and
common law. First, does a hyperlink to source material about judicial proceedings in an
online petition suffice for purposes of applying the common law fair report privilege?
Second, did Nevada’s anti-strategic litigation against public participation (“anti-SLAPP”)
statute, Nev. Rev. Stat. §§ ... More...
   $0 (12-19-2014 - NY)

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
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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)

Marina Pacifica Homeowners Association v. Southern California Financial Corporation and Marianthi Lansdale

This litigation between plaintiff Marina Pacifica Homeowners Association (the
HOA) and defendants William Lansdale1 and Southern California Financial Corporation
(SCFC) concerns the Marina Pacifica Condominium Project (Marina Pacifica) in Long
Beach, California. SCFC appeals, and the HOA cross-appeals, from the judgment after a
bench trial. The parties’ dispute centers around a m... More...
   $0 (12-16-2014 - CA)

Ann Elaine Campbell v. City of Spencer

The City of Spencer (“Spencer”), the Town of Forest Park (“Forest Park”),
and Blaze’s Tribute Equine Rescue (“Blaze”)1 (collectively the “Municipalities”),
acting under a search warrant, seized 44 horses from Ann Campbell’s properties.
After a forfeiture hearing, a state district court in Oklahoma issued an order
granting Spencer and Forest Park’s joint forfei... More...
   $0 (12-16-2014 - OK)

Diversified Striping Systems, Inc. v. Joe Kraus

¶1 Diversified Striping Stystems, Inc. (Diversified) appeals the
district court’s dismissal of its tort claims against Joe Kraus; FLJ,
LLC; and National Striping (collectively, Kraus) on grounds of
forum non conveniens. We reverse and remand for additional
findings.
¶2 On March 2, 2012, Diversified filed a complaint against
Kraus in Utah’s Third District Court, allegi... More...
   $0 (12-11-2014 - UT)

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.
BACKGROUND
¶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)

Wendy Gregory v. Mary Fallin and The State of Oklahoma, Office of the Governor

COMES NOW the Plaintiff, Wendy Gregory, and submits her causes of action for
Declaratory and Injunctive Relief against the Defendant, Honorable Mary Fallin, in her official
capacity as Governor of the State of Oklahoma, and the State of Oklahoma Office of the
Governor (“Governor’s Office”together as “Defendants”) pursuant to the Oklahoma Open
Records Act, 51 OS. §24A.l, ... More...
   $125000 (12-05-2014 - OK)

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
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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)

James Ray Davis v. State of Oregon

Plaintiff sought damages first in federal court, then in state court, because 2 the state prolonged his incarceration by improperly calculating his release date from 3 prison.1 The federal court dismissed claims under state law for lack of jurisdiction and 4 denied claims under federal law on their merits. Plaintiff then filed this action in state 5 court, renewing tort claims under state law. The... More...   $0 (11-26-2014 - OK)

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.
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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)

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AK Morlan
Kent Morlan, Esq.
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