Defamation Law
 
Kyle Hunter v. CBS Braodcasting, Inc.

Kyle Hunter filed a discrimination complaint alleging that CBS Broadcasting refused to hire him as a weather news anchor because of his gender and age. CBS filed a motion to strike the complaint pursuant to Code of Civil Procedure section 425.16 arguing that its selection of a newscaster qualified as an act in furtherance of its free speech rights. The trial court denied the motion, concluding tha... More...   $0 (12-11-2013 - CA)

Lennar Corp. v. Briarwood Capital, LLC, et al.

Lennar Corp. sued Briarwood Capital, LLC, Nicolas Marsch, III, Barry Minkow on defamation and conspiracy theories claiming that Marsch and Barry Minkow conspired to extort money from it.

Minkow's Fraud Discovery Institute alleged that Plaintiff operated like a Ponzi scheme in January 2009. Plaintiff claimed that Minkow made the allegations at the behest of Marsch, who company, Briarword ... More...
   $1000000000 (12-06-2013 - FL)

Wade Frogley v. Meridian Joint School District No. 2

Plaintiff, Wade Frogley (“Frogley”), appeals the district court’s grant of summary judgment in favor of Meridian Joint School District No. 2 (“Meridian School District”), Aaron Maybon, and Linda Clark (collectively “Respondents”) on Frogley’s complaint of retaliation in violation of Title VII of the Civil Rights Act and the Idaho Human Rights Act.

Frogley also appeals the d... More...
   $0 (11-27-2013 - ID)

Christopher F.F. Hopper v. SuzanneE. Swinnerton

This appeal arises out of a divorce and custody dispute between Christopher Hopper and Suzanne Swinnerton. In 2005, Christopher filed suit on his own behalf, as well as that of his son and parents, against his wife, Suzanne, her parents, her Montana attorney, and other individuals, alleging a variety of claims sounding in tort. The district court dismissed all claims on summary judgment. Christoph... More...   $0 (11-26-2013 - ID)

Sara C. Debord v. Mercy Health System of Kansas, Inc.

Sara Debord filed suit against her employer, Mercy Health Services of Kansas, for sexual harassment and retaliation in violation of Title VII. Debord claims Mercy knew or should have known that her supervisor created a hostile workplace through unwanted touching and offensive sexual remarks. She also claims that Mercy did not do enough to prevent sexual harassment in the workplace, and that, when ... More...   $0 (11-26-2013 - KS)

Beverly K. Young v. Brenda Davis

2 Plaintiff appeals a judgment dismissing her claims for defamation and
3 wrongful use of civil proceedings. As pertinent to this appeal, the judgment was entered
4 after the trial court granted defendant's special motion to strike, which was brought
5 pursuant to ORS 31.150, Oregon's "anti-SLAPP" (Strategic Lawsuits Against Public
6 Participation) statute. Plaintiff argues that th... More...
   $0 (11-20-2013 - OR)

John Fischler v. John and Jane Doe

John Fischler, age 49, John and Jane Does, the parents of three girls who were students at the Catholic school where he taught on defamation, negligence and intentional infliction of emotional distress theories claiming that they and the girl spread false statements about him that damaged his reputation.

The defendant claimed that they had a legal obligation to communicate their concerns ab... More...
   $362653 (11-16-2013 - CA)

Paul Hupp v. Freedom Communications, Inc.

On March 22, 2012, plaintiff Paul Hupp filed a complaint against the Freedom Communications Inc., dba The Orange County Register (the Register), alleging that it breached its user agreement with Hupp by failing to remove comments made on their website concerning Hupp.

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The Register responded by filing a special motion to strike (anti-SLAPP) motion under Code of Civil Procedure secti... More...
   $0 (11-08-2013 - CA)

Mark D. Volpei v. County of ventura

An employee is a member of a union whose collective bargaining agreement provides that the union may submit a grievance to arbitration. Here we conclude that this provision does not preclude the employee with a statutory grievance against his employer from filing a judicial action.

The County of Ventura (County) appeals from an order denying its petition to compel arbitration of Mark D. Vol... More...
   $0 (11-07-2013 - CA)

Michael Cargill v. Jaime Adan Ballesteros, Constable, Precinct 2, Travis County, Texas; David Escamilla, County Attorney, Travis County, Texas; The Texas Democratic Party, and The Travis County Democratic Party

Appellant Michael Cargill sued appellees Travis County Constable Jaime Adan Ballesteros, Travis County’s County Attorney David Escamilla, the Texas Democratic Party, and the Travis County Democratic Party, alleging misconduct related to Cargill’s unsuccessful election campaign against Ballesteros. Cargill challenged the outcome of the election and asserted claims for tortious interference with... More...   $0 (11-06-2013 - TX)

G. Christian Corcoran and Peggy Corcoran v. Atascocita Community Improvement Association, Inc.

In two issues, appellants, G. Christian Corcoran and Peggy Corcoran, challenge the trial court’s summary judgment in favor of appellee, Atascocita Community Improvement Association, Inc. (“ACIA”). We affirm.

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I. BACKGROUND

ACIA is non-profit corporation whose members are certain property owners in Atascocita. ACIA is governed by a board of trustees. ACIA’s purpose is ... More...
   $0 (11-05-2013 - )

Hemphill Corporation v. Air X Hemphill, L.L.C.. et al.

Hemphill Corporation sued Air X Hemphill, LLC; Air X Group; Air X Limited, Inc., Eads & Associates of Oklahoma, Pendleton Company, AXH Air Coolers, LLC, Ken Jones, Dave Watkins, Rick Grapengater, Billy Hammer, Nick Breese, Sr. and James Pendleton declaratory judgment and breach of contract theories.

The Pre-Trial Ordered (121 pages in length) entered by the Court before trial provided in pa... More...
   $10000000 (11-01-2013 - OK)

Michael V. Pishko, Individually and in his official capacity, N.K. Anand, Individually and in his official capacity, and Texas A&M University v. Dr. Lale Yurttas

Lale Yurttas originally sued the Texas A&M University System, Texas A&M University, and two of its employees, Michael V. Pishko and N.K. Anand, in their official and individual capacities. She asserted a discrimination claim under Texas Labor Code section 21.051 and a defamation claim. In her first amended petition, Yurttas omitted the Texas A&M University System as a defendant. Pishko v. Yurttas ... More...   $0 (10-31-2013 - TX)

Bobie Kenneth Townsend v. Barrett Daffin Frappier Turner & Engel, LLP, Shelley Luan Douglass, and Kelly Jimenez, Substitute Trustee

Bobie Kenneth Townsend filed an action in tort against the law firm that represented a lender, one of the law firm’s employees, and the substitute trustee who foreclosed on Townsend’s property. The trial court granted a summary judgment in favor of Barrett Daffin Frappier Turner & Engel, LLP (BDFTE), Shelley Luan Douglass, and Kelly Jimenez. Townsend brings fifteen issues in his appeal.
More...
   $0 (10-31-2013 - TX)

Christy L. Kellerhals v. This Land Press, LLC

Christy L. Kellerhals sued This Land Press, LLC, Keena B. Roberts, Joshua Kline, Michael Mason and Vince Lovoi on invasion of privacy (publication of private facts), slander and libel per se, intentional infliction of emotional distress and unauthorized use of another person's right of publicity theories claiming:

1. Plaintiff, Christy L. Kellerhals, is an individual who resides in Tulsa ... More...
   $1 (10-27-2013 - OK)

Dr. Marc Ellman, Individually, and d/b/a Southwest Eye Institute, Vista Surgery Center, LLC, and AURA Development, LLC v. JC General Contractors and Jose M. Chavez

Appellants, Dr. Marc Ellman, individually and d/b/a Southwest Eye Institute, Vista Surgery Center, LLC, and Aura Development, LLC, appeal the trial court’s denial of their motion to compel arbitration. For the reasons that follow, we affirm.

FACTUAL SUMMARY

On November 9, 2006, JC General Contractors1 entered into an agreement with Marc Ellman, M.D.2 for the construction of a shell... More...
   $0 (10-27-2013 - )

Newspaper Holdings, Inc., Integracare of Texas, LLC, and Charlotte Patterson v. Crazy Hotel Assisted Living, LTD, Crazy Hotel Assisted Living GP, LLC, Leisure Life Senior Apartment Housing II, LTD, and Charles V. Miller, Jr.

This defamation case arises from a series of articles published in the Mineral Wells Index (the Index), a newspaper owned by Newspaper Holdings, Inc. (NHI).

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The articles reported regulatory compliance problems and official investigations into the Crazy Water Retirement Hotel, a local Mineral Wells assisted living facility, and examined the conduct of Charles Miller, president of th... More...
   $0 (10-24-2013 - TX)

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

2

on the jury’s verdict in Wade’s favor, the trial court signed its final judgment awarding him actual and exemplary damages. In n... More...
   $30000 (10-17-2013 - TX)

Michael E. Fitzmaurice v. Harvella Jones

In cause number 14-12-00963-CV, Michael E. Fitzmaurice appeals from the trial court‘s order denying his motion to dismiss Harvella Jones‘s suit against him. In cause number 14-12-01121-CV, William Fitzmaurice, Dorothy Fitzmaurice, Gregory Brumbaugh, and Karen McClure appeal from the trial court‘s order denying their motion to dismiss Jones‘s suit against them. We reverse and remand.
More...
   $0 (10-10-2013 - TX)

Ivonne Leija v. Sky Properties, LLC and Harry Liu d/b/a Pinwheels Children's Center

Appellant Ivonne Leija challenges the trial court’s judgment granting of appellee Harry Liu’s motion for summary judgment against her defamation claim. In four issues, appellant argues (1) Liu has failed to establish as a matter of law his affirmative defense of truth; (2) Liu has failed to establish as a matter of law his

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affirmative defense of opinion; (3) Liu’s summary jud... More...
   $0 (10-10-2013 - TX)

Warren Whisenhunt v. Matthew Lippincott and Creg Parks

Warren Whisenhunt sued Matthew Lippincott and Creg Parks for defamation, tortious interference with existing business relationships, tortious interference with prospective business relationships, and civil conspiracy. Lippincott and Parks sought dismissal of these claims pursuant to the recently-enacted Texas Citizens Participation Act (TCPA), also known as the Anti-SLAPP1 statute, which is contai... More...   $0 (10-10-2013 - TX)

Terry Bovee v. Claudia Broom

The parties to this suit are siblings. Terry Bovee contends that his sister Claudia Broom violated the due process clause of the fourteenth amendment when, in her role as guidance counselor at his children’s school, she criticized his parenting methods and called him a “bad father.” According to the complaint, this alienated his children’s affections, violating his fundamental liberty inte... More...   $0 (10-09-2013 - il)

Westmont Maintenance Corporation and Westmont Mirador, LLC v. Dwayne A. Vance

¶1 Westmont Maintenance Corporation and Westmont Mirador, LLC (collectively Westmont2) appeal from the district

1. Judge William A. Thorne Jr. participated in and voted on this case as a regular member of the Utah Court of Appeals. He retired from the court before this decision issued.

2. The parties have taken great care in their briefs to retain the distinction between Westmont Ma... More...
   $0 (10-03-2013 - UT)

Getfugu, Inc. v. Patton Boggs, L.L.P.

Plaintiffs and appellants GetFugu, Inc. (GetFugu), Carl Freer (Freer) and Richard Jenkins (Jenkins) (collectively, Plaintiffs) appeal an order granting a special motion to strike (Code Civ. Proc., § 425.16) filed by defendants and respondents Patton Boggs LLP (Patton), Richard J. Oparil (Oparil), Cummins and White LLP (Cummins) and Iman Reza (Reza) (collectively, the Attorney Defendants).1 2
<... More...
   $0 (10-03-2013 - CA)

Anthony Johnson v. Bogalusa City, et al.

New Orleans, Louisiana personal injury lawyers represented the Plaintiff who sued the Defendants on civil rights violation theories claiming he was wrongful charged and convicted for a murder he did not commit.

1. Plaintiff Anthony Johnson was convicted of second degree murder and sentenced
to life without parole in 1986 for a crime that he did not commit. After more than 20 years in... More...
   $1 (09-19-2013 - La)

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AK Morlan
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