Defamation Law
 
Li Li v. Canberra Industries

The self-represented plaintiff, Li Li, appeals from the summary judgment rendered by the trial court in favor of the defendants, Canberra Industries, Packard BioScience (Packard), Perkin-Elmer Life Sciences, Darren Lee, Roberta Tyska (formerly Roberta Kuhn), Mark Schmeizl, Wayne Richardson, Eugene Della Vecchia, Richard McKernan and Emery G. Olcott. On appeal, the plaintiff claims that the court e... More...   $0 (03-27-2012 - CT)

Jeremy Mayfield v. NASCAR

In this case, race car driver Jeremy Mayfield appeals the district court’s dismissal of his complaint against the National Association for Stock Car Auto Racing ("NASCAR") for conduct arising out of a positive drug test. Finding that the district court properly dismissed the case and did not abuse its discretion in denying Mayfield’s motions to reconsider and to amend, we affirm.

I. ... More...
   $0 (03-26-2012 - VA)

Barbara Trent Lindemann v. Richard Hume

These appeals follow the denial of motions to compel arbitration in a multi-party action arising out of the purchase of a newly built home. The trial court denied the seller parties’ motion to compel arbitration of the buyer’s causes of action for nondisclosure because there was a possibility of conflicting rulings if these claims were ordered to arbitration and the nonarbitrable causes of act... More...   $0 (03-20-2012 - CA)

Jeffrey A. Bell v. Kendall Bennett

On the court=s own motion, the above causes are hereby consolidated for purposes of disposing of these related summary judgment appeals in a single opinion. Each cause shall continue to bear its respective cause number.

Appellants Jeffery A. Bell and Wanda E. Bell appeal from the trial court’s grant of summary judgments in favor of Appellees[2] disposing of the Bells’ claims ... More...
   $0 (03-16-2012 - TX)

Ani Chopourian v. Catholic Healthcare West d.b.a. Mercy General Hospital and Mercy General Hospital

Plaintiff, Ani Chopourian, age 45, worked as a Cardiac Surgery Physician Assistant in the Cardio Vascular Operation Department of CHW’s Mercy General and Mercy San Juan Hospitals. Ms. Chopourian worked for the hospital from August 2006 until her termination on August 7, 2008. Cardiac Surgery Physician Assistants work with heart surgeons during open heart surgery by harvesting vein/artery, posi... More...   $167720000 (03-14-2012 - CA)

Bethel Standley v. W.B. Sansom

Former Real County constable Bethel Standley, appellant, sued the county judge, W.B. Sansom, and other county officials, (hereinafter referred to as “the county,”) for trespass to try title to the office of constable, and for salary and benefits of the office of constable. Standley also sued for violations of the Texas Open Meetings Act. A jury found Standley had automatically resigned from th... More...   $0 (03-07-2012 - TX)

Rick Bjorklund v. Randi Miller

Rick Bjorklund brought this civil rights suit pursuant to 42 U.S.C. § 1983 against four public officials associated with his former employer, the Tulsa County Public Facilities Authority (“TCPFA”). In his complaint, he charged that the officials had terminated his employment and deprived him of a liberty interest in his reputation and good name without affording him due process of law. The de... More...   $0 (03-07-2012 - OK)

Badrudin Kurwa v. Mark B. Kislinger

Plaintiff Badrudin Kurwa ("Dr. Kurwa"), on behalf of himself and derivatively on behalf of Trans Valley Eye Associates, Inc. ("Trans Valley"), sued defendant Mark B. Kislinger and his professional corporations (together, "Dr. Kislinger") for breach of fiduciary duty and defamation, and sought an accounting.1 Dr. Kislinger cross-complained for defamation. The trial court determined that Dr. Kisling... More...   $0 (03-05-2012 - CA)

Paula Ann Milligan v. United States of Amierica

Judge. Plaintiffs Paula and Harold Milligan appeal the orders of the district court granting the United States’s motion to dismiss for lack of subject matter jurisdiction and Sinclair Broadcasting’s motion for summary judgment. We AFFIRM the judgment of the district court.

I. BACKGROUND

In October 2006, law enforcement officials across twenty-four states conducted Operation F... More...
   $0 (03-05-2012 - TN)

Verbena Askew v. Brenda Collins

In this appeal, we consider whether the Circuit Court of the City of Williamsburg and James City County erred when it: (1) refused to set aside the jury's verdict against Verbena Askew ("Askew"); and (2) refused to apply Code § 8.01-35.1 to reduce the amount of the judgment.

In 2004, Brenda Collins filed a motion for judgment against Verbena Askew, a former circuit court judge, The Daily P... More...
   $0 (03-02-2012 - VA)

Thomas Mundy v. Laura D. Lenc

Thomas Mundy (Mundy) and attorney Morse Mehrban (Mehrban) appeal from the denial of Mundy‘s special motion to strike pursuant to Code of Civil Procedure section 425.161 and from the award of attorney fees to respondent Laura D. Lenc (Lenc). In the published portion of this opinion, we affirm the order denying the special motion to strike as it pertains to Lenc‘s cause of action for breach of t... More...   $0 (02-29-2012 - CA)

Michael Chow v. Chak Yam Chau, et al.

Michael Chow sued Chak Yam Chau, Stratis Morfogen, Philippe Miami LLC ,Philippe North America Restaurants, LLC, Philippe Restaurant Corp. , Manny Hailey, David Lee, Philippe Express LLC,Dave 60 NYC, Inc.,Philippe Chow, and Philippe Restaurant Corp. on trademark infringement, unfair and deceptive trade practices, misappropriation of trade secrets and other legal theories relating to receipts that P... More...   $1000000 (02-25-2012 - FL)

Jesus Miranda v. Stephen Byles

Appellant, Jesus Miranda, challenges the trial court’s judgment holding Jesus liable for publishing statements determined to be defamatory per se. In three issues, Jesus argues (1) the statements were not defamatory per se; (2) Stephen failed to prove that the statements were false; (3) there is legally and factually insufficient support for the award of actual damages; and (4) neither statemen... More...   $0 (02-16-2012 - TX)

Lawrence Hecimovich v. Encinal School Parent Teacher Organization

A recent Google search for ―youth sports‖ showed 379,000,000 results. ―Safety in youth sports,‖ 66,800,000. ―Problem parents in youth sports,‖ 21,600,000. And ―problem coaches in youth sports,‖ 108,000,000. Subjects of tremendous interest.

Plaintiff Lawrence Hecimovich, by profession an attorney, was in 2008-2009 the volunteer basketball coach of a fourth grade basketball te... More...
   $0 (02-09-2012 - CA)

Dimitrios Peter Biller v. Toyota Motor Corporation

Dimitrios P. Biller (“Biller”) appeals the district court’s order affirming an arbitration award and permanent injunction against him in favor of his former employer, Toyota Motor Corp. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

A

Appellant Biller worked as in-house counsel for Toyota Motor Sales (“TMS”), a subsidiary of Toyota Motor Corp., from 2003... More...
   $0 (02-03-2012 - CA)

Rebecca George v. Adam M. Deardorff

Appellant Rebecca George appeals from the trial court’s dismissal of her claims against Appellees Adam M. Deardorff and Lana Wirsig on jurisdictional grounds. In one issue, George argues that the trial court erred by sustaining Deardorff’s and Wirsig’s special appearances. Because we hold that the trial court did not err by sustaining the special appearances, we affirm the trial court’s ... More...   $0 (02-02-2012 - TX)

Richard Gacek v. Owens & Minor Distribution

Richard Gacek appeals the decision of the district court1 granting summary judgment to defendants Owens & Minor Distribution, Inc. (“Owens & Minor”) and Marc Johnson on Gacek’s 42 U.S.C. § 1981 retaliation claim and to defendant 1The Honorable Paul A. Magnuson, United States District Judge for the District of Minnesota.

Gregory Mattson on Gacek’s state-law defamation claim. For the... More...
   $0 (01-27-2012 - MN)

United States of America v. Rick Glen Strandlof aka Rick Duncan

Appellant Rick Strandlof was charged under the Stolen Valor Act, 18 U.S.C. § 704(b), which makes it illegal to falsely claim to have received a military award or honor. We must decide whether the Act is constitutional. Answering this question requires us to determine whether, and to what extent, the First Amendment prohibits Congress from punishing knowingly false statements of fact.

Reaso... More...
   $0 (01-27-2012 - Co)

Nicholas A. Piscatelli v. Van Smith, et al.,

American poet, author, and essayist William Carlos Williams wrote, “It is not what you say that matters but the manner in which you say it. There lies the secret of the ages.” Selected Essays, preface at i (1954). Respondents in the present case, CEGW, Inc., owner of the Baltimore-based City Paper, and Van Smith (Smith), a reporter, published in 2006–07 two articles in the City Paper that re... More...   $0 (01-23-2012 - )

Charles Thielemann v. Alan Kethan

Appellant, Charles Thielemann, challenges the county court at law’s order dismissing, for want of jurisdiction, his defamation claim[1] against appellee, Alan Kethan, and awarding Kethan sanctions.[2] In three issues, Thielemann contends that the county court at law erred in granting Kethan’s motion to dismiss and assessing sanctions, denying Thielemann’s motion requesting that the county c... More...   $0 (01-19-2012 - TX)

Heavy Petroleum Partners, LLC v. Paul Atkins

Plaintiff Heavy Petroleum Partners (HPP) and Defendant J.J.R. of Kansas Limited (J.J.R.) entered into a contract whereby HPP would develop and use steam injection to increase production on an oil lease owned by J.J.R. Under the terms of the contract, J.J.R. would assign HPP a 75% working interest in the lease if HPP were able to produce oil on the lease in commercial quantities. Before HPP reached... More...   $0 (01-17-2012 - KS)

St4even F. Hotze v. Keith E. Miller, M.D.

Steven F. Hotze, M.D., appeals from the denial of his summary judgment motions in this defamation case brought against him by Keith E. Miller, M.D. In three issues, Hotze asserts there is no evidence of actual malice or that any objectively verifiable statement published by Hotze about Miller was false, there is no fact question on malice, and the civil conspiracy claim fails as a matter of law. B... More...   $0 (01-12-2012 - TX)

Deidre Hale v. Sheila Richey

This is an accelerated interlocutory appeal of the trial court’s denial of Deirdre Hale’s special appearance. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(7) (West 2008).

BACKGROUND

George Baker Richardson, professionally known as George Richey, was a “nationally renowned” country music songwriter and musician who wrote such songs as “The Grand Tour” and “Picture o... More...
   $0 (01-12-2012 - TX)

Douglas W. Strebel v. John C. Wimberly II

This is an appeal from a judgment following a jury trial. Plaintiff John Wimberly sued defendant Douglas Strebel to recover profit distributions from their business ventures that Wimberly alleges Strebel wrongfully withheld. The trial court entered judgment on the jury’s finding that Strebel breached his fiduciary duties to Wimberly and awarded to Wimberly actual damages and attorneys’ fees.... More...   $0 (01-12-2012 - TX)

Stuart T. Guttman, M.D. v. G.T.S. Khalsa

The question presented in this appeal is whether the Eleventh Amendment protects New Mexico from a suit for money damages under Title II of the Americans With Disabilities Act (ADA), 42 U.S.C. §§ 12131–65. We conclude it does. New Mexico has state sovereign immunity from a claim that it violated the ADA when it revoked the medical license of a physician whose practice the state claimed constit... More...   $0 (01-11-2012 - NM)

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