Defamation Law
 
Russ M. Herman v. Cataphora, Inc.

Russ M. Herman and Arnold Levin appeal the district court’s final order granting the Defendants’ motion to dismiss for lack of personal jurisdiction and purporting to transfer the action to the Northern District of California. Herman and Levin claim Roger Chadderdon made defamatory statements that were aimed at, and caused harm in, Louisiana, thereby grounding personal jurisdiction in that sta... More...   $0 (09-17-2013 - LA)

Azel Garrison Goolsbee v. HEB Grocery Company, Oscar Moreno, Juanita L.Sandoval, R. Irvin, and Unidentified HEB Grocery Company Employees

Azel Garrison Goolsbee, appeals the trial court’s order granting summary judgment to appellees, HEB Grocery Company (“HEB”), Oscar Moreno, Juanita

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L. Sandoval, R. Irvin, and unidentified HEB Grocery Company employees on Goolsbee’s claims. We affirm.

Background

Bellaire Police Officer Juanita Sandoval responded to a reported theft at an HEB grocery store in Sep... More...
   $0 (08-29-2013 - TX)

Jennifer Pratt v. Joseph Petelin, M.D.

Mrs. Jennifer Pratt sued Joseph Petelin, M.D. for medical negligence. The district court submitted four factual theories of negligence to the jury, which returned a general verdict against Dr. Petelin in the amount of $153,000. Dr. Petelin appeals, claiming three of the four factual contentions submitted to the jury were unsupported by sufficient evidence. We hold that Dr. Petelin waived this argu... More...   $153000 (08-20-2013 - KS)

John Phillips v. Randy J. Harrington

John Phillips and Deborah Phillips sued Randy J. Harrington, Darren W. Lee, Charles McClain, Mid-American Bigfoot Research Center, Lost Horizon Computers and Doe No through Doe No. 100 on libel and slander theories claiming:

1. Plaintiffs are each residents of Broken Arrow, Tulsa County, Oklahoma.

2. Defendant Randy J. Harrington (“Harrington”) is a resident of Leavenworth County... More...
   $1 (08-12-2013 - OK)

Marvel Characters, Inc. v. Lisa R. Kirby

27 This appeal requires us to revisit our case law
28 applying the work-for-hire doctrine in the context of
29 section 304 of the Copyright Act of 1976 (or, the "1976
2
1 Act"), 17 U.S.C. § 304. Defendants-counter-claimants2
appellants Lisa, Neal, Susan, and Barbara Kirby
3 (collectively, the "Kirbys") are the children of the late
4 Jack Kirby. Kirby is considered one ... More...
   $0 (08-08-2013 - NY)

World Car Nissan v. Abe's Paint & Body, Inc., Abraham Rodriguez, and Chin Pac

This appeal involves a claim of defamation by World Car Nissan against Abe’s Paint & Body, Inc., Abraham Rodriguez, and Chin Pac (collectively referred to as Abe’s). The jury found that a statement made by two employees of Abe’s was defamatory and made with actual malice. The jury also found, however, that World Car suffered no damages as a result of the statement. In its first two points of... More...   $0 (07-31-2013 - TX)

Renewable Resources Coalition, Inc. v. Pebble Mines Corporation

Plaintiff and appellant Renewable Resources Coalition, Inc. (Coalition) appeals an order granting a special motion to strike (Code Civ. Proc., § 425.16) brought by defendants and respondents Pebble Mines Corporation (Pebble Inc.), Pebble Limited Partnership (Pebble LP), and their attorneys, Jermain, Dunnagan & Owens, P.C. (Jermain) (collectively, the Pebble defendants).1

The Pebble defenda... More...
   $0 (07-30-2013 - CA)

Bently Reserve, L.P. v. Andreas G. Papaliolios

Defendant Andreas Papaliolios (Papaliolios) appeals from an order denying his special motion to strike a libel claim under Code of Civil Procedure section 425.161 (the ―anti-SLAPP‖ statute). The claim arises from a negative review of an apartment building Papaliolios posted to Yelp, an Internet Web site. Papaliolios asserts his review is mere opinion or, alternatively, substantially true and, ... More...   $0 (07-30-2013 - CA)

Chalmers Hardenbergh v. Patrons Oxford Insurance Company

[¶1] Patrons Oxford Insurance Company appeals from a summary judgment of the Superior Court (Cumberland County, Wheeler, J.) declaring that Patrons Oxford has a duty to defend Chalmers Hardenbergh, pursuant to his homeowners insurance policy, against a third-party suit. Patrons Oxford contends that it has no duty to defend Hardenbergh because the third-party suit is based entirely on activity fal... More...   $0 (07-16-2013 - ME)

Michael Robinson, Carol Robinson and The 2000 Horizon Company, aka Lighthouse Energy Service Co. v. William Cason and Black Sigma, LLC

In this dispute between business partners, we determine whether the trial court erred in entering summary judgment to enforce a settlement agreement. Michael and Carol Robinson and the 2000 Horizon Company a/k/a Lighthouse

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Energy Service Company (“Horizon”), appeal from the summary judgment in favor of William Cason and Black Sigma, LLC. We conclude that the trial court properl... More...
   $0 (07-14-2013 - TX)

John F. Vecchio v. Randall D. Jones

This is a defamation suit arising out of a dispute between members of a homeowner’s association. In this appeal, we consider whether the trial court properly granted Randall D. Jones’s motion for summary judgment on John F.

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Vecchio’s defamation claims against him. Specifically, we address (1) whether the statements were opinions, (2) substantially true, or (3) made with actua... More...
   $0 (07-13-2013 - )

Silver Oak Custom Homes LLC v. Brent Tredway and Jena Tredway

This lawsuit arises out of a home remodeling project. Silver Oak Custom Homes, LLC (“Silver Oak”) appeals the trial court summary judgment in favor of Brent and Jena Tredway. When the project went awry, Silver Oak sued the Tredways under multiple liability theories. Silver Oak contends that it presented evidence that creates a fact issue regarding each of its claims and the Tredways’

... More...
   $0 (07-11-2013 - TX)

KTRK Television, Inc. v. Theaola Robinson

Following a series of news reports by KTRK Television, Inc. alleging financial mismanagement, Benji’s Special Education Academy (“BSEA”), a charter school, and Theaola Robinson sued KTRK. KTRK moved to dismiss the action pursuant to the then-recently enacted Texas Citizens Participation Act

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(“TCPA”).1 In a written order, the trial court denied the motion. In five issues, ... More...
   $0 (07-11-2013 - TX)

Jenkins, Matthew and J.W. Jenkins v. Steward Title Company, NRT Texas, LLC, JPMorgan Chase Bank, N.A., and Bruce Kaminski, as trustee of Apollonia Land Trust

This lawsuit involves the purported purchase of residential real estate by appellants Matthew and J.W. Jenkins, who are cousins and business partners. The trial court granted summary judgment against appellants and in favor of appellees Stewart Title Company (“Stewart Title”) and JPMorgan Chase Bank, N.A. (“Chase”). Appellants moved to reconsider both summary judgments; the trial court ove... More...   $0 (07-11-2013 - TX)

Robert Writt v. Shell Oil Company and Shell International, E&P, Inc

Appellant, Robert Writt, challenges the trial court’s rendition of summary judgment in favor of appellees, Shell Oil Company and Shell International, E&P,

2

Inc. (collectively, “Shell”), in Writt’s suit against Shell for defamation. In two issues, Writt contends that the trial court erred in granting Shell summary judgment as Shell did not have an “absolute privilege,... More...
   $0 (06-25-2013 - TX)

Jim Sisney v. Mike Rampey

Jim Sisney sued Mark Rampey, Narissa Rampey, Douglas J. Hudkins, Mary Anne Flippo, Shari Walkins, Sharon Whelpley, Douglas Mann, Independent School District No. 3 and Air Assurance Company on defamation, injurious falsehood, invasion of privacy - false light, tortious interference with business contact, intentional infliction of emotional distress, abuse of process theories seeking compensatory an... More...   $0 (06-24-2013 - OK)

Janelle Burrill v. Jayraj Nair

This defamation action arises out of a contentious custody dispute that has made its way to this court five times.1 In the underlying case, Jayraj Nair persistently fought court-ordered efforts to reunify his former wife, Bindu, with their older son, Suraj. (We

__________________________

1 See Nair v. Superior Court (May 28, 2009, C061761) [summary denial of petition for writ of ... More...
   $0 (06-20-2013 - ca)

Karl Swanson v. City of Chetek

This is a case about a class-of-one equal protection claim in which the plaintiff has demonstrated hostility, but may have failed to identify a similarly situated individual who received more favorable conduct. The magistrate judge granted summary judgment for defendants because, though there

2 No. 10-1658

Swanson was 1 given contradictory information regarding where the fence could ... More...
   $0 (06-19-2013 - WI)

Amjad Butt, M.D. v. Iowa Board of Medicine

Amjad Butt, M.D., appeals the district court’s ruling on judicial review upholding the Iowa Board of Medicine’s findings of unethical or unprofessional conduct in the practice of medicine. We affirm the board’s conclusion that Dr. Butt engaged in unethical and/or unprofessional conduct in violation of lowa Code sections 147.55(3) and 272C.10(3) (2007) and Iowa Administrative Code rule 653-23... More...   $0 (06-12-2013 - IA)

Liberty Synergistics, Inc. v. Microflo, Ltd.

On its face, this appeal involves a somewhat technical issue of federal appellate procedure—namely, whether we have jurisdiction under the “collateral order” doctrine to consider the merits of this interlocutory appeal. But a similarly difficult inquiry, which also bears on our analysis of the jurisdictional question, is whether the District Court properly applied governing choice-of-law pri... More...   $0 (05-31-2013 - NY)

The Board of Trustees of the Galveston Wharves v. E. L. O'Rourke

In this interlocutory appeal, E.L. “Ted” O’Rourke sued the Board of Trustees of the Galveston Wharves (“the Wharves”) for invasion of privacy and

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civil conspiracy, and O’Rourke also asserted claims for declaratory and injunctive relief and sought compensatory and punitive damages. The Wharves filed a plea to the jurisdiction, asserting that O’Rourke’s claims against... More...
   $0 (05-30-2013 - TX)

Ryan Hart v. Electronic Arts, Inc.

In 2009, Appellant Ryan Hart (“Appellant” or “Hart”)1 brought suit against Appellee Electronic Arts, Inc. (“Appellee” or “EA”) for allegedly violating his right of publicity as recognized under New Jersey law. Specifically, Appellant‟s claims stemmed from Appellee‟s alleged use of his likeness and biographical information in its NCAA Football series of videogames. The District ... More...   $0 (05-21-2013 - nj)

Rehak Creative Services, Inc. v. Ann L. Witt

Rehak Creative Services, Inc. and Robert Rehak (collectively, “Rehak”) appeal from a final judgment granting a motion to dismiss in favor of appellees Ann L. Witt, Ellen Witt, Raymond Witt, and the Ann Witt Campaign (collectively, “Witt”). We affirm.

OVERVIEW

This appeal focuses on a recently enacted statute called the “Texas Citizens Participation Act,” which is codi... More...
   $0 (05-21-2013 - TX)

Manzoor Memon v. Haroon Shaikh

The defendant in this defamation case asks us to reverse the judgment and remand the case for a new trial. He argues that this result is required because the jury’s answer to the single actual-damages question was predicated on its findings that he published nine defamatory statements that he knew or should have known were false, but the evidence is legally insufficient that one of the statement... More...   $0 (05-02-2013 - TX)

Columbia Casualty Co. v. Curtis W. McGhee

The City of Council Bluffs, police officers Daniel Larsen, Lyle Brown, and David Dawson (collectively the City), and Curtis McGhee appeal from the district court’s order granting summary judgment to Chicago Insurance Company (CIC) and Columbia Casualty Company (Columbia), on CIC’s and Columbia’s declaratory judgment claims concerning coverage under various insurance policies. We affirm as to... More...   $0 (04-30-2013 - IA)

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