Defamation Law
 
Christopher M. Comins v. Matthew Frederick Vanvoorhis

In this defamation case, Christopher Comins [“Comins”], appeals a trial court order entering partial final judgment in favor of Appellee/Cross-Appellant, Matthew VanVoorhis [“VanVoorhis”], for Comins’s failure to comply with the presuit notice

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requirement of section 770.01, Florida Statutes (2008). Comins argues that the trial court erred because VanVoorhis is not a “me... More...
   $0 (04-11-2014 - FL)

GoDaddy.com, L.L.C. v. Hollie Toups, et al.

GoDaddy.com, LLC (“GoDaddy”) filed a petition in this Court seeking an order permitting an interlocutory appeal of the trial court’s order denying GoDaddy’s motion to dismiss plaintiffs’ claims on the basis that such claims are barred by section 230 of the Communications Decency Act (the “CDA”). See 47 U.S.C. § 230. We granted GoDaddy’s request to file an interlocutory appeal. Aft... More...   $0 (04-10-2014 - TX)

Paul Pomfret and PDP Capital, L.L.C. v. John Atkinson

This case is before the court on remand from the Florida Supreme Court in Pomfret v. Atkinson, 131 So. 3d (Fla. 2013). The Florida Supreme Court quashed our court’s original decision, see Pomfret v. Atkinson, 53 So. 3d 413 (Fla. 4th DCA 2011), and remanded for further proceedings in light of its decision in DelMonico v. Traynor, 116 So. 3d 1205 (Fla. 2013). DelMonico held that an absolute privil... More...   $0 (04-09-2014 - FL)

Eugene V. McMahon v. Marcia Zimmerman

This appeal arises out of a legal malpractice suit by Eugene McMahon against Marcia Zimmerman and the Zimmerman Law Firm (collectively Zimmerman) concerning Zimmerman’s representation of McMahon in his divorce. McMahon contended that Zimmerman’s negligent legal advice caused him to

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agree to assume nearly all of the community debt, resulting in approximately $300,000 in damages ... More...
   $0 (03-27-2014 - TX)

John Gieseke v. IDCA, Inc.

The primary question before us is whether Minnesota should formally recognize a cause of action for tortious interference with prospective economic advantage. John Gieseke, on behalf of Diversified Water Diversion, Inc. (Diversified), brought an action against appellants IDCA, Inc., et al. (IDCA), asserting, among other claims, tortious interference with Diversified’s prospective economic advant... More...   $0 (03-26-2014 - MN)

In Re: Amendments to the Oklahoma Uniform Jury Instructions



IN RE: AMENDMENTS TO THE OKLAHOMA UNIFORM JURY INSTRUCTIONS - CIVIL (SECOND).

ORDER ADOPTING AMENDMENTS TO OKLAHOMA UNIFORM JURY INSTRUCTIONS - CIVIL (SECOND)

¶1 The Court has reviewed the recommendations of the Oklahoma Supreme Court Committee for Uniform Civil Jury Instructions that proposed Instructions should be adopted. The Court finds that the revisions should be adopt... More...
   $0 (03-24-2014 - OK)

Michael Sanchez v. Carmax Auto Superstores California, L.L.C.

Michael Sanchez filed a complaint for wrongful termination against CarMax Auto Superstores California, LLC (CarMax). The trial court denied CarMax’s motion to compel arbitration, and CarMax appeals. We reverse.

BACKGROUND

Sanchez filed a complaint against CarMax on April 3, 2012, alleging wrongful termination, Labor Code and Business and Professions Code violations, breach of an im... More...
   $0 (03-04-2014 - CA)

Joel D. Mallory, Jr. v. Artic Pipe Inspection Company, Inc.

In two separate interlocutory appeals, Joel D. Mallory contends that the trial court erred by granting summary judgment to Locker & Lee, P.C. and later to Arctic Pipe Inspection Company, Inc. on claims related to their failure to protect Mallory’s interest in a personal injury lawsuit settlement. In four issues, Mallory complains that the trial court erred by (1) granting traditional and no-evid... More...   $0 (02-20-2014 - TX)

Steven R. Graboff v. The Colleran Firm

This matter comes on before this Court on an appeal from an order of the District Court entered March 28, 2013, denying defendants-appellants, the American Academy of Orthopaedic Surgeons and the American Association of Orthopaedic Surgeons’ (together the “AAOS”), motion for judgment as a matter of law and for judgment notwithstanding the verdict. For the reasons we set forth we will affirm ... More...   $0 (02-20-2014 - PA)

Charles Poling v. Property Owners Insurance Company

In January of 2009, Appellant-Plaintiff Charles Poling’s home was damaged by a fire. Poling subsequently filed an insurance claim with Appellee-Defendant Property Owners Insurance Company (“Property Owners”). Poling initiated the instant matter after the parties were unable to agree upon the amount of the loss covered by Poling’s insurance policy.1 In doing so, Poling sought the appointmen... More...   $0 (02-13-2014 - IN)

Carl E. Woodward, LLC v. Acceptance Indemnity Insurance Company

This appeal presents the final set of issues arising from claims of negligent construction of a condominium project in south Mississippi. The remaining parties are a contractor and two insurers. The district court held that a subcontractor’s Commercial General Liability (“CGL”) insurer breached its duty to defend the general contractor. Disputed on appeal are the district court’s holding t... More...   $0 (02-11-2014 - MS)

Highland Capital Management v. Patrick Daugherty

Highland Capital Management sued former executive Patrick Daugherty on breach of contract, theft of trade secrets and disclosing confidential information.

Daugherty denied wrongdoing and counterclaimed on a defamation theory claiming that Plaintiff made false statements about him. He also claimed that he was owed from Highland on two employee incentive plans.

Highland asserted ... More...
   $0 (02-07-2014 - TX)

Irina Chevaldina v. R.K./FL Management, Inc.

Irina Chevaldina appeals an order granting a preliminary injunction1 to “enjoin tortious interference, stalking, trespass and defamatory blogs” entered in favor of Raanan Katz and the other named appellees, plaintiffs in the circuit court.2 We vacate the order and injunction.

Background

Raanan Katz and RK Associates own and manage commercial properties in South Florida. Ms. Cheva... More...
   $0 (02-05-2014 - FL)

United States of America v. Mohammad Omar Aly Hassan

The appellants in these consolidated proceedings, Mohammad Omar Aly Hassan, Ziyad Yaghi, and Hysen Sherifi, were tried jointly in the Eastern District of North Carolina and convicted of several offenses arising from terrorism activities. On appeal, the trio presents myriad challenges to their convictions and sentences. As explained below, we reject the appellants’ various contentions of error an... More...   $0 (02-04-2014 - NC)

Christopher Pietz v. Jane Perez

Christopher Pietz sued Jane Perez on a defamation theory after she post reviews on Yelp and Angie's List on the Internet that were critical of his work. Plaintiff claimed that her online posts cost him $300,000 in lost business.

Perez asserted that her posts on Angie's List and Yelp were true.

When Dietz posted accusations tat Perez had stolen his goods and services. Perez then... More...
   $0 (01-31-2014 - VA)

Christopher Horvath v. Joya Minard and Aaron Minard

Christopher Horvath sued Joya Minard and Aaron Minard on libel and slander theories claiming:

1. The Plaintiff is a resident of Tulsa County, State of Oklahoma.

2. The Defendant is a resident of Tulsa County, State of Oklahoma.

3. Mr. Minard is a resident of Tulsa County, State of Oklahoma.

4. The incidents giving rise to this cause of action occurred in Tulsa C... More...
   $1 (01-27-2014 - OK)

Arshad Yousuf, M.D. v. George Cohlmia, M.D.

American National Property and Casualty Company (ANPAC) appeals from the district court’s grant of summary judgment in favor of Physicians Liability Insurance Company (PLICO) in a dispute regarding ANPAC’s breach of its duty to defend a co-insured. PLICO cross-appeals the district court’s denial of its motion for prejudgment interest. We AFFIRM.

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In November 2004, Dr. Asha... More...
   $0 (01-21-2014 - OK)

April Dupree Adeshile v. Metropolitan Transit Authority of Harris County

Appellant, April Dupree Adeshile, sued the Metropolitan Transit Authority of Harris County, Texas (―METRO‖) for retaliation under the Texas Commission on Human Rights Act (TCHRA).1 On appeal, Adeshile argues that the trial court erred when it granted a directed verdict in favor of METRO. We affirm.

1 See Tex. Lab. Code Ann. ch. 21 (West 2006 & Supp. 2013).

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FACTS AND PROC... More...
   $0 (01-16-2014 - OK)

Dennis Walker v. Larry Schion

In this interlocutory appeal, the plaintiff in this defamation suit contends that the trial court erred in granting the defendant’s motion to dismiss pursuant to the Citizens Participation Act. Because the trial court struck the only evidence that the plaintiff offered in opposition to the motion and the plaintiff does not challenge that evidentiary ruling on appeal, we affirm.

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I... More...
   $0 (01-14-2014 - TX)

United States ex rel. Kurt Bunk v. Gosselin World Wide Moving, N.V.

These appeals and cross-appeal are taken from final judgments, entered in accordance with Federal Rule of Civil Procedure 54(b), in a pair of qui tam actions consolidated for litigation in the Eastern District of Virginia. By its Order of February 14, 2012, the district court: (1) assessed a single civil penalty in the sum of $5,500 in favor of the United States, intervening in substitution of rel... More...   $0 (01-08-2014 - NJ)

Paul Chamblee v. Mississippi Farm Bureau Federation

Paul Chamblee appeals the district court’s grant of Mississippi Farm Bureau Federation (“Farm Bureau”), Randy Knight and David Waide’s (collectively, the “Defendants”) motion for summary judgment concerning Chamblee’s Age Discrimination in Employment Act (“ADEA”) claim and various state-law claims. Because Chamblee did not demonstrate that the

* Pursuant to 5TH CIR. R. 47.... More...
   $0 (01-06-2014 - MS)

Erin Bates v. P.C. Cast, a/k/a Phyllis Cast

¶1 Plaintiff/Appellant Erin Bates (Plaintiff) seeks review of the trial court's order granting the motion to dismiss of Defendants/Appellees P.C. Cast, a/k/a Phyllis Cast, an individual, Kristin Cast, an individual, and St. Martin's Press, a Foreign Limited Liability Company (individually, by name, or, collectively, Defendants) on Plaintiff's claims to actual and punitive damages for defamation, ... More...   $0 (01-03-2014 - OK)

Anil Vazirani v. Mark V. Heitz

Anil Vazirani is an independent insurance agent, also known as a producer, who contracts with insurance companies to sell life-insurance and annuity products. He owns and manages Vazirani & Associates Financial, LLC and Secured Financial Solutions, LLC. We will refer to both him and his businesses as Vazirani. Vazirani contracted with Aviva Life and Annuity Company, a provider of life-insurance an... More...   $0 (12-20-2013 - KS)

Carman Llerena Diaz v. Jiten Hotel Management, Inc.

Before us now for the third time, this case focuses our attention on whether the mandate we issued last time the case was before us foreclosed an otherwise unchallenged use of Federal Rule of Civil Procedure 60(a) to modify the judgment on remand. We are also asked to determine whether an award of $104,626.34 in attorney's fees and costs, for a suit obtaining a damages award of $7,650, is so dispr... More...   $0 (12-18-2013 - OK)

Jerilyn Ann Cerda, as Next Friend of Noel Doe v. RJL Entertainment, Inc. d/b/a Chub Cheetah

This appeal arises out of the trial court’s granting of special exceptions and subsequent dismissal with prejudice of certain causes of action asserted by appellant

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Jerilyn Ann Cerda (“Cerda”), as next friend of Noel Doe (“Noel”), against RJL Entertainment, Inc. d/b/a Club Cheetah (“Club Cheetah”). By one issue, Cerda asserts that the trial court erred in granting Clu... More...
   $0 (12-12-2013 - TX)

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