Defamation Law
 
Kelly Walls v. Daniel Klein

Kelly Walls appeals the trial court’s judgment granting a permanent injunction in favor of Daniel Klein and awarding him damages for his breach of contract and defamation claims. On appeal, Walls contends: (1) Klein’s attorney engaged in incurable improper jury argument; (2) the trial court erred in admitting an exhibit that was not properly authenticated; (3) the injunction is unsupported by ... More...   $0 (07-09-2014 - TX)

Guillermo Benavides Garza Investment Co., Manuel A. Benavides, Norma Z. Benavides v. Guillermo Benavides Z., Individually and Derivatively on behalf of GBG Ranch LTD

Guillermo Benavides Garza Investment Co., Manuel A. Benavides, and Norma Z. Benavides appeal the trial court’s order granting a temporary injunction. Because the applicant, Guillermo Benavides, Z., did not show that he would suffer irreparable harm or that any judgment he obtained would be rendered ineffectual in the absence of a temporary injunction, we hold the trial court abused its discretio... More...   $0 (07-09-2014 - TX)

Estate of Paul Edward Check, Deceased

Appellee Rachelle Marie Powers was appointed Independent Executor of the Estate of Paul Edward Check (“Paul”) pursuant to the decedent’s will. Appellant Patrick A. Check, the decedent’s twin brother, filed a will contest objecting to the probate of the will. In response to the will contest, and certain actions allegedly taken by Check, Powers filed, among other things, a counterclaim alleg... More...   $0 (07-09-2014 - TX)

American Heritage Capital, LP v. Dinah Gonzalez and Alan Gonzalez

American Heritage Capital, LP sued Alan and Dinah Gonzalez for defamation and tortious interference with prospective business relationships. AHC nonsuited its claims against Dinah. The trial judge dismissed AHC’s claims against Alan based on Alan’s motion to dismiss under the Citizens Participation Act, Chapter 27 of the Texas Civil Practice and Remedies Code. The judge later awarded Alan atto... More...   $0 (07-01-2014 - TX)

Conilyn Judge v. Saltz Plastic Surgery, P.C. and Renato Saltz

¶1 Conilyn Judge sued her cosmetic surgeon, Dr. Renato Saltz,
and his office, Saltz Plastic Surgery, PC, (collectively, Saltz) after
they provided photographs of five patients, including Judge, to a
television news reporter. The reporter included two photographs
depicting Judge before and after her surgery in a news story
broadcast on television and posted on the internet. The... More...
   $0 (06-26-2014 - UT)

Derek Kitchen v. Gary R. Herbert

Our commitment as Americans to the principles of liberty, due process of law, and equal protection of the laws is made live by our adherence to the Constitution of the United States of America. Historical challenges to these principles ultimately culminated in the adoption of the Fourteenth Amendment nearly one-and-a-half centuries ago. This Amendment extends the guarantees of due process and equa... More...   $0 (06-26-2014 - )

International Insurance Brokers, Ltd., LLC v. Hartford Steam Boiler Inspection and Insurance Company

International Insurance Brokers, Ltd., LLC v. Hartford Steam Boiler Inspection and Insurance Company

Issue # 1.
Issue: ABUSE OF PROCESS (OTHER)
Filed by: INTERNATIONAL INSURANCE BROKERS LTD LLC
Filed Date: 12/31/2013
Party Name: Disposition Information:

Defendant: HARTFORD STEAM BOILER INSPECTION AND INSURANCE COMPANY OF CONNECTICUT
Disposed: DISMISSED ... More...
   $0 (06-25-2014 - OK)

Arshavir Iskanian v. CLS Transportation Los Angeles, LLC

In this case, we again address whether the Federal Arbitration Act (FAA) preempts a state law rule that restricts enforcement of terms in arbitration agreements. Here, an employee seeks to bring a class action lawsuit on behalf of himself and similarly situated employees for his employer‘s alleged failure to compensate its employees for, among other things, overtime and meal and rest periods. Th... More...   $0 (06-23-2014 - CA)

Jerome Stenehjem v. Sury A. Sareen

A SLAPP suit is one in which the plaintiff ―seeks to chill or punish a party‘s exercise of constitutional rights to free speech and to petition the government for redress of grievances. [Citation.]‖ (Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1055.)1 The California Legislature in 1992 enacted Code of Civil Procedure section 425.16—the anti-SLAPP statute—under which SLAPP suits may be dispo... More...   $0 (06-13-2014 - CA)

Patricia Cantu v. Frye & Associates, P.L.L.C., Phyllis R. Frye, and Salvador Benavides

After the trial court resolved this case on cross-motions for summary judgment, appellant Patricia Cantu appealed the judgment entered in favor of the appellees, Frye & Associates, PLLC, Phyllis R. Frye, and Salvador Benavidez. In

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three issues, she argues that summary judgment should not have been granted as to her causes of action and that summary judgment should have been granted... More...
   $0 (06-12-2014 - TX)

Street Surfing, LLC v. Great American E&S Insurance Company

This case arises from general liability insurance policies, including advertising injury coverage, that defendant Great American E&S Insurance Company issued to plaintiff Street Surfing, LLC. The parties dispute whether those policies obligated Great American to defend Street Surfing in an action alleging trademark infringement, unfair competition and unfair business practices under federal and Ca... More...   $0 (06-10-2014 - CA)

JJJJ Walker, LLC; Dynafab USA, LLC; Renaissance Properties of Texas, LLC; Priya Properties, LLC; BD Texas, LLC; and KW Hospital Acquisition, LLC v. Eric Yollick

In this fraud case, the plaintiffs prevailed in their claims against a bank, the bank’s corporate agent, and the bank’s attorney, but the trial court granted judgment notwithstanding the verdict on the claim against the bank’s attorney on the ground that no evidence supported the liability finding. In arguments that we treat as cross-points, the attorney argues that the economic-loss rule an... More...   $0 (06-05-2014 - TX)

Donald Davis v. American Casualty Co. of Reading PA

Appellant, Donald Davis, appeals the trial court’s order granting summary judgment in favor of appellee, American Casualty Co. of Reading, Pa. (ACC). We will affirm.

Factual and Procedural Background

Davis sustained an injury while in the course and scope of his employment. He filed a claim for benefits under his employer’s workers’ compensation insurance policy,

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More...
   $0 (06-04-2014 - TX)

Drake Interiors, L.L.C. v. Andrea Marie Thomas & Robert Warren Thomas

Appellant Marlene Octavia Knight complains of the trial court’s grant of partial summary judgment as to one allegation underlying Knight’s slander per se claim brought against appellees We Care Kids Care, PLLC and Lisa H. Catney. We affirm.

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Background

Knight was employed as a nurse for We Care Kids Care, an agency owned by Catney that provides in-home nursing services to... More...
   $0 (05-29-2014 - TX)

Conchita Franco Serri v. Santa Clara University

Plaintiff and appellant Conchita Franco Serri brought this action against her former employer (defendant and respondent Santa Clara University (the University)) and other individually named defendants after the University terminated her employment. Serri had worked as the University’s Director of Affirmative Action since 1992. The University terminated her employment in 2007 because she failed t... More...   $0 (05-28-2014 - CA)

Barbara Soules Young v. Robert and Hollie Krantz

Appellants Barbara Soules Young (“Young”) and Amy Ganci (“Ganci”) appeal from the trial court’s denial of their motion to dismiss. In a single issue, appellants contend the trial court should have granted their motion to dismiss pursuant to chapter 27 of the Texas civil practice and remedies code, the Texas Citizens Participation Act (“TCPA”). For the reasons expressed in this opinio... More...   $0 (05-28-2014 - TX)

Michael O. Pickens v. Elizabeth Cordia, Pamela Pickens, T. Boone Pickens, Jr. and Thomas B. Pickens, III

Appellant Michael O. Pickens is the brother of appellees Elizabeth Cordia, Pamela Pickens, and Thomas B. Pickens III, and the son of appellee T. Boone Pickens Jr. Appellees sued Michael for invasion of privacy by public disclosure of private facts, defamation, statutory libel, and intentional infliction of emotional distress for remarks he published about them on a blog. In addition, Pamela brough... More...   $0 (05-22-2014 - TX)

Roger Brecheen, M.D. v. Maura Lofaro, M.D.

Plaintiffs Roger Brecheen, M.D., his wife, Kathy Watkins-Brecheen, and Jackson
Hole Ob-Gyn, P.C., a professional corporation formed by Brecheen, filed this action
asserting a host of federal and state claims arising out of Brecheen’s eviction from an
office building in Jackson, Wyoming. Among those were two claims asserted under 42
U.S.C. § 1983, one for deprivation of Brecheen... More...
   $0 (05-21-2014 - WY)

Tammy Gong v. City of Rosemead

Appellants Tammy Gong (“Gong”) and L&G Rosemead Garden LLC (“L&G”) (Gong and L&G are jointly referred to as “appellants”) seek to impose liability on the City of Rosemead (the “City”) for the alleged tortious conduct of John Tran (“Tran”), a former member of its City Council and former mayor of the City. Appellants allege that while L&G’s proposed real estate project was proc... More...   $0 (05-20-2014 - CA)

Digital Music News, LLC v. Superior Court of Los Angeles County, Escape Media Group, LLC, Real Party in Interest

Escape Media Group (Escape) operates an Internet service called Grooveshark through which users may upload and retrieve digital music files. UMG Recordings, Inc. owns an extensive music catalog that includes songs by such artists as Buddy Holly, The Jackson 5, Marvin Gaye, and The Who. In 2010, UMG sued Escape in the Supreme Court of the State of New York, alleging Escape infringed on copyrights a... More...   $0 (05-14-2014 - CA)

KBMT Operating Company, LLC, KBMT License Company, LLC, Brian Burns, Jackie Simien and Tracy Kennick v. Minda Lao Toledo

In this accelerated interlocutory appeal we must determine whether the trial court erred in failing to dismiss a physician’s defamation claim and award attorneys’ fees to the media defendants under the Texas Citizens Participation Act (“TCPA”). See Tex. Civ. Prac. & Rem. Code Ann. §§ 27.001-.011 (West Supp. 2013); see also id. § 27.008(b). We affirm the trial court’s order.

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   $0 (05-08-2014 - TX)

TV Azteca, S.a.B. De C.V. and Patricia Chapoy v. Gloria De Los Angeles Trevino Ruiz

In this interlocutory appeal, appellants, TV Azteca, S.A.B. de C.V. and Patricia Chapoy, challenge the trial court’s granting of a temporary anti-suit injunction prohibiting

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appellants from pursuing a lawsuit in Mexico against appellees, Gloria de los Angeles Trevino Ruiz, individually and on behalf of her minor child, Gabriel de Jesus Trevino, and Armando Ismael Gomez Martinez. ... More...
   $0 (05-02-2014 - TX)

K. R. Thiagarajan v. Sharma Tadepalli

These consolidated appeals arise from litigation involving leaders of The Sri Meenakshi Temple Society (“MTS”), a non-profit corporation that owns and operates a temple in Pearland, Texas. MTS’s purposes include building and maintaining “a Temple complex in the Houston, Texas and surrounding metropolitan area with Goddess Sri Meenakshi as the main Deity in accordance with the Hindu Religio... More...   $0 (04-30-2014 - TX)

United States of America v. Charles Cannon; Brain Kerstetter; Michael McLaughlin

A jury convicted Defendants Charles Cannon, Brian Kerstetter, and Michael McLaughlin (collectively “Defendants”) of committing a hate crime under the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009 (“Shepard-Byrd Act”), 18 U.S.C. § 249(a)(1), for attacking Yondel Johnson. Congress passed the Shepard-Byrd Act pursuant to its powers under the Thirteenth Amendment, whi... More...   $0 (04-24-2014 - TX)

Philip Gregory Byrd v. Phillip Galyen, P.C. d/b/a Bailey & Galyen Attorneys at Law and R. Ketih Spencer

In this appeal, we are asked to extend the sole-proximate-cause bar to legal-malpractice claims arising in the context of a contempt order entered in a civil case. We decline to do so and reverse the trial court’s order granting Appellees a partial summary judgment and remand the case to the trial court for further proceedings.


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I. BACKGROUND

A. DIVORCE ACTION AND CONTE... More...
   $0 (04-17-2014 - TX)

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AK Morlan
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