Defamation Law
 
National Rifle Association of America, Inc. v. Bureau of Alcohol, Tobacco, Firearms, and Explosives

This appeal concerns the constitutionality of 18 U.S.C. §§ 922(b)(1) and (c)(1), and attendant regulations, which prohibit federally licensed firearms dealers from selling handguns to persons under the age of 21. Appellants—the National Rifle Association and individuals who at the time of filing were over the age of 18 but under the age of 21—brought suit in district court against several fe... More...   $0 (10-26-2012 - TX)

Laurie Tsao, AKA Laurie Chang v. Desert Palace, Inc.

Plaintiff-Appellant Laurie Tsao is a so-called “advantage” gambler—a professional gambler who uses legal techniques, such as card counting, to win at casino table games, especially blackjack.1 She was arrested at Caesars Palace (a casino owned by the Defendant-Appellee Desert Palace) for trespassing and obstructing the duties of a police officer, and now challenges that arrest as unconstitut... More...   $0 (10-24-2012 - CA)

Albert Davis v. Fred's Appliance, Inc.

This appeal follows the summary dismissal of a suit for

employment discrimination. The suit is based on claims of retaliatory discharge,

discrimination, and defamation. A co-worker or store manager (the parties dispute his

authority with the defendant employer) referred to a heterosexual employee as "Big Gay

Al." That name apparently comes from a popular te... More...
   $0 (10-23-2012 - WA)

SCS Builders, Inc. v. Sherri Searcy

Sherri Searcy sued SCS Builders, Inc. and Sonny Calvin Spoon in connection with the construction of a home that they agreed to build for her. SCS and Spoon filed a counterclaim against Searcy for defamation related to certain internet and other comments allegedly made about them, and they sought damages of $1,000,000. The trial court granted judgment for “actual and/or economic damages” as w... More...   $0 (10-19-2012 - TX)

Lazer Spot, Inc. v. Hiring Partners, Inc.

Hiring Partners, Inc. (HPI) and Lazer Spot, Inc. (Lazer Spot) filed competing motions for summary judgment in a suit brought by HPI. HPI’s suit alleged that Lazer Spot had tortiously interfered with contracts between HPI and some of its employees. The trial court awarded summary judgment to HPI. Because we find no basis for the summary judgment granted in favor of HPI and because Lazer Spot was ... More...   $0 (10-18-2012 - TX)

Carmen Llerena Diaz v. Jiten Hotel Management, Inc.

Plaintiff-Appellant Carmen Diaz (“Diaz”), after obtaining a jury verdict in her favor in the amount of $7,650 on one of six claims raised in her complaint, sought attorney’s fees of $139,622 and $13,389.34 in costs. The district court awarded $25,000 in fees and $9,434.74 in costs. We affirm in part, reverse in part, and remand for further proceedings.

Beginning in 1985, Dia... More...
   $0 (10-16-2012 - MA)

Wayne Charles v. City of Los Angeles

We are called upon to write another chapter in “the story
of billboards.” See World Wide Rush, LLC v. City of Los
Angeles, 606 F.3d 676, 680 (9th Cir. 2010). After decades of
litigation concerning the scope of permissible restrictions on
billboards, “[t]he question of the day is no longer whether cities
may regulate billboards at all, but is instead the extent to
whic... More...
   $0 (10-15-2012 - CA)

Stephen R. Kovacs, D.O. v. Mark Warren

Stephen R. Kovacs, D.O. sued Mark Warren, Bret A. Unterschuetz and Arthur H. Adams, P.C. on defamation, libel and sland (per se & per quod), tortious interference with contract or business relationship, intentional infliction of emotion distress and punitive damages.

In April of 2005, Stephen R. Kovacs, D.O. (“Dr. Kovacs”) and Urgent Care of Green Country, P.L.L.C. (“Urgent Care”... More...
   $442000 (10-12-2012 - OK)

Anna & Jin, Inc. v. Juliana Peyravy

Anna & Jin, Inc. sued Juliana Peyravy on a breach of agreement theory.

On or about August 7, 2010, Plaintiff as buyer and Defendant as seller entered into a Sales Agreement regarding the equipment and inventory of “More than Noodles” restaurant. Defendant asserts that the agreement also included the “goodwill” of the restaurant. Pursuant to the Sales Agreement, Plaintiff paid Defe... More...
   $24500 (10-10-2012 - OK)

William C. Buchanan v. Jeffrey Leonard

Plaintiff William C. Buchanan (Buchanan) appeals from an order entered by the Law Division on December 16, 2011, which granted a motion by defendants Jeffrey Leonard (Leonard) and Morgan, Melhuish, Arbrutsyn (Morgan Melhuish)1 for summary judgment and dismissed Buchanan's complaint with prejudice. For the reasons that follow, we affirm in part, reverse in part and remand for further proceedings.More...   $0 (10-09-2012 - NJ)

Chris and Ronda Turner v. Gerrell Beaty d/b/a Old School Construction and Carlene E. Beaty

Chris and Ronda Turner sued Gerrell Beaty d/b/a Old School Construction and Carlene E. Beaty claiming:

1. Plaintiffs are residents of Cleveland County.

2. Plaintiffs own the property at 10812 S. Eastside Drive in Oklahoma City,
Oklahoma.

3. Defendant, Gerrell Beaty dlbla Old School Construction, is an
Oklahoma company.

4. Defendant partially constructed ... More...
   $301172 (10-03-2012 - OK)

Kerri Robinson v. Sunshine Homes, Inc.

¶1 In May 2006, Defendant, Broadway Homes1 [Broadway], a manufactured home dealer, ordered a manufactured home [home] from Sunshine Homes, Inc., [Sunshine], a manufacturer of manufactured homes. Sunshine transported the home in two halves, half A and half B. During the transport from Sunshine in Alabama to Broadway's sales lot in Edmond, Oklahoma, the trailer bearing half B had blow-outs on five ... More...   $0 (10-02-2012 - OK)

Kerri Robinson v. Sunshine Homes, Inc.

¶1 In May 2006, Defendant, Broadway Homes1 [Broadway], a manufactured home dealer, ordered a manufactured home [home] from Sunshine Homes, Inc., [Sunshine], a manufacturer of manufactured homes. Sunshine transported the home in two halves, half A and half B. During the transport from Sunshine in Alabama to Broadway's sales lot in Edmond, Oklahoma, the trailer bearing half B had blow-outs on five ... More...   $0 (10-02-2012 - OK)

Michelle Dutra v. Mercy Medical Center Mt. Shasta

Plaintiff Michelle Dutra sued her former employer, defendant Mercy Medical Center Mt. Shasta (Mercy), for defamation and wrongful termination in violation of public policy. Plaintiff alleged Mercy committed libel per se by communicating to her and others in a private meeting its grounds for terminating her employment. She alleged Mercy discharged her in violation of the public policy codified at L... More...   $0 (09-28-2012 - CA)

Gary M. Jones v. Vito Scotti

Steven S. Howitt (“Howitt”), at all times relevant to the issues before us, a Selectman for the Town of Seekonk, Massachusetts, and Gary M. Jones (“Jones”), a Captain with its Police Department(“SPD”), appeal the adverse grant of summary judgment on their First Amendment and defamation claims, stemming from two encounters between Howitt and private investigator Coleman Wholean (“Who... More...   $0 (09-26-2012 - MA)

Kelly Ramos v. Herbert Flowers

Plaintiff Kelly Ramos appeals the Law Division's April 29, 2011 order granting defendant Herbert Flowers' motion for summary judgment and dismissing his complaint with prejudice. We reverse and remand for further proceedings consistent with this opinion.

I.

We discern the following facts and procedural history from the record on appeal. Because we are reviewing a motion for summary j... More...
   $0 (09-22-2012 - NJ)

Carmen Llerena Diaz v. Jiten Hotel Management, Inc.

Plaintiff-Appellant Carmen Diaz (“Diaz”), after obtaining a jury verdict in her favor in the amount of $7,650 on one of six claims raised in her complaint, sought attorney’s fees of $139,622 and $13,389.34 in costs. The district court awarded $25,000 in fees and $9,434.74 in costs. We affirm in part, reverse in part, and remand for further proceedings.

The parties are familia... More...
   $0 (09-18-2012 - MA)

Paul W. Hawran v. Harry Hixson, Jr.

Plaintiff and appellant Paul Hawran filed a lawsuit against defendants and appellants Sequenom, Inc. (Sequenom), and Sequenom directors Harry Hixson, Jr., Richard Lerner, and Ronald Lindsay, stemming from representations made in a widely disseminated press release concerning Sequenom's internal investigation into its handling of certain research and development test data and results, which issued ... More...   $0 (09-16-2012 - CA)

Michael Lacey v. Joseph M. Arpaio

This § 1983 case concerns allegations of unlawful conduct by officials in the Maricopa County Sheriff’s Office (“MCSO”) and the Maricopa County Attorney’s Office (“MCAO”), conduct which culminated in the late-night arrests of Michael Lacey and Jim Larkin, owners of the Phoenix New Times, LLC. Lacey, Larkin, and the New Times (collectively, “Lacey”) sued Sheriff Joseph Arpaio, head... More...   $0 (08-29-2012 - AZ)

Susan I. Moss v. Parr Waddoups Brown Gee & Loveless

¶1 The plaintiffs in this case brought suit against a law firm and its attorneys for their role in executing civil discovery orders. The orders authorized entry into plaintiffs’ home to seize electronic files from plaintiffs’ computer and other electronic devices. The plaintiffs raised several causes of action against the law firm and its attorneys, largely based on the theory that the execut... More...   $0 (08-13-2012 - UT)

David Shaddy v. Brattleboro Retreat

¶ 1. Plaintiff David Shaddy appeals the Windham Civil Division’s dismissal of his complaint against the Brattleboro Retreat and certain employees of the Retreat. Plaintiff, a former Retreat employee, brought claims of defamation, obstruction of justice, intentional infliction of emotional distress (IIED), and intentional interference with a contract, arising from the Retreat’s al... More...   $0 (08-10-2012 - VT)

Mongols Nation Motorcycle Club, Inc. v. City of Lancaster

Defendants and appellants City of Lancaster, R. Rex Parris, Ronald D. Smith, Ken Mann, Sherry Marquez, Ed Sileo and Mark V. Bozigian (collectively, the defendants or the City) appeal an order denying their special motion to strike the complaint filed by plaintiff and respondent Mongols Nation Motorcycle Club, Inc. (Mongols Inc.). (Code Civ. Proc., § 425.16.)1

This case involves the interpl... More...
   $0 (08-02-2012 - CA)

Benjamin A. Post, Esquire v. St. Paul Travelers Insurance Company

Before us are an appeal and a cross-appeal arising from an action brought by attorney Benjamin Post (“Post”) against his legal malpractice insurer, St. Paul Travelers Insurance Company (“Travelers”), for, among other things, insurance bad faith and breach of contract. The District Court granted summary judgment in favor of Travelers on the bad faith claim, the order from which Post now app... More...   $0 (07-31-2012 - PA)

Kayla L. Eaton v. Leroy E. Prior

¶ 1. SKOGLUND, J. Kayla Eaton’s lawsuit against her former employer and supervisor for sexual assault was dismissed for failure to prosecute. She claims that her ability to prosecute the case was thwarted by a licensed polygraph examiner, Leroy Prior, who determined that she did not tell the truth in responding to questions about the alleged assault. Ms. Eaton and her father Rob... More...   $0 (07-27-2012 - VT)

Robert W. Lambertz v. Anthony Montz

The trial court granted summary judgment in favor of pro se plaintiff/appellant Robert W. Lambertz on his claims for assault and defamation against defendant/appellee Anthony Montz. The trial court did not grant summary judgment on Lambertz’s claims for intentional infliction of emotional distress.

The trial court also ruled that Lambertz “must prove up damages at trial” on his assaul... More...
   $0 (07-27-2012 - TX)

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