Defamation Law
 
John F. Noak, M.D. v. Idaho Department of Corrections

This case stems from Dr. John F. Noak’s dismissal as the medical director for Prison Health Services, Inc. (PHS), which provided medical services for the Idaho Department of Correction (IDOC) under a contract. Noak appeals from the district court’s grant of summary judgment in favor of IDOC and Richard D. Haas, an IDOC employee, on claims of breach of an implied covenant of good faith, intenti... More...   $0 (01-06-2012 - id)

Leslie Burton v. Carter Bloodcare

Appellant Leslie Burton appeals the trial court’s final summary judgment, which the court rendered in favor of appellees Carter BloodCare, Employment Practices Solutions, Inc. (EPS), and Susan Sorrells. Appellant contends in five issues that the trial court erred by granting summary judgment against her claims for age discrimination, false imprisonment, intentional infliction of emotional distr... More...   $0 (01-05-2012 - TX)

John Giordano v. Donna L. Romeo and Xcentric Ventures, LLC

John Giordano (“Giordano”) operates G&G Addiction Treatment, Inc. (“G&G”), a Florida corporation which offers addiction treatment services. In July 2009, a disgruntled recipient of G&G’s services went online and posted false and defamatory claims about G&G, identifying Giordano as a convicted felon and claiming, among other things, that the employees of G&G illegally disburse medications... More...   $0 (12-30-2011 - FL)

Quality Infusion Care, Inc. v. Health Care Service Corporation d/b/a Blue Cross and Blue Shield of Texas

Quality Infusion Care, Inc. seeks reversal of the trial court’s summary judgment in favor of appellees Health Care Service Corporation d/b/a Blue Cross and Blue Shield of Texas, Howard King, and Hill & Finkel, L.L.P. in Quality’s suit against them for tortious interference with contract, negligence per se, and business disparagement. In two issues, Quality contends that (1) there is no eviden... More...   $0 (12-29-2011 - TX)

The City of Houston v. Government Employee Insurance Company

The City of Houston, appeals the trial court’s interlocutory order denying its plea to the jurisdiction.[1] In its sole issue, the City contends that the trial court erred in denying its plea because it has immunity pursuant to subsection (b) of the election-of-remedies provision of the Texas Tort Claims Act.[2]

We affirm.

Background

Jessica Gunn was driving a c... More...
   $0 (12-29-2011 - TX)

The City of Houston v. Jessica Gunn

The City of Houston appeals the trial court’s interlocutory order denying its plea to the jurisdiction.[1] In its sole issue, the City contends that the trial court erred in denying its plea because it has immunity pursuant to subsection (b) of the election-of-remedies provision of the Texas Tort Claims Act.[2]

We affirm.

Background

On September 11, 2009, Jessic... More...
   $0 (12-29-2011 - TX)

Pitts & Collard, L.L.P. v. Arthur L. Schechter

Gary Pitts and Pitts & Collard, LLP sued Arthur L. Schechter, Arthur L. Schechter, P.C. d/b/a Schechter & Associates, Schechter & Marshall, L.L.P., and Schechter, McElwee & Shaffer, L.L.P. for breach of contract. The contract claim was based upon an allegation that the Schechter parties failed to pay referral fees from nearly a thousand lawsuits that Pitts referred by way of nine letter agreement... More...   $0 (12-29-2011 - TX)

Land Development Services, Inc. v. Gulf View Townhomes, LLC.

Gulf View Townhomes, LLC, filed a legally insufficient affidavit in support of its motion for summary judgment. Nevertheless, the trial court granted the motion and included in the final judgment relief that Gulf View neither sought in its motion nor requested at the summary judgment hearing. For both of these reasons, entry of the final summary judgment against Land Development, Inc., was imprope... More...   $0 (12-23-2011 - FL)

Kenneth Becker v. Carla Hahn Clardy

Appellant Kenneth Becker appeals the trial court's order sustaining appellee Carla Hahn Clardy's plea to the jurisdiction. In his petition, Becker sought damages based upon common law claims of libel and slander against Clardy. Clardy responded in her plea that the trial court did not have subject matter jurisdiction over Becker's claims because they fell within the ecclesiastical abstention doctr... More...   $0 (12-22-2011 - TX)

Allen Chadwick v. W. Kirk Burbage

Allen Chadwick Burbage ("Chad") appeals a judgment and permanent injunction entered in favor of W. Kirk Burbage and the Burbage Funeral Home (collectively, "Kirk"). Kirk sued his brother Chad for defamation on the basis of statements Chad made on a website and in letters to third parties. A jury awarded Kirk nearly $10,000,000 in compensatory and exemplary damages, and the trial court permanently ... More...   $0 (12-21-2011 - TX)

Larry W. Hilderbrand II v. Washington County Commissioners

[¶1] Larry W. Hilderbrand II appeals from the Superior Court’s (Washington County, Cuddy, J.) summary judgment in favor of the Washington County Commissioners and Sheriff Donald Smith on Hilderbrand’s complaint for slander per se, invasion of privacy, and negligent infliction of emotional distress. The alleged torts arose from public comments Smith made explaining his decision to discontinue ... More...   $0 (12-20-2011 - ME)

Trinity Mortgage Companies, Inc. v. David Dryer

Trinity Mortgage Companies, Inc. (Trinity) appeals the district court’s order granting summary judgment in favor of David Dryer and Dryer and Associates, P.C. (collectively Dryer) in this tort and breach of contract action. Our jurisdiction derives from 28 U.S.C. § 1291, and we affirm.

BACKGROUND

Trinity, formerly a Missouri mortgage brokerage company owned by Shawn Cremeen, enter... More...
   $0 (12-19-2011 - OK)

Dr. Albert Carlotti and Dr. Michelle Cabret-Carlotti v. Sherry Petta

Dr. Albert Carlotti and Dr. Michelle Cabret-Carlotti sued Sherry Petta on defamation theories claiming that Petta portrayed them in a false light by posting critical Internet reviews of their Desert Palm Surgical Group medical practice and aired multiple complaints with the Arizona Medical Board. Defendant had cosmetic surgery performed in 2007 and developed a serious skin infection that she claim... More...   $12000000 (12-17-2011 - )

Phong Van Meter v. Bennie Dale Morris

In this appeal, appellant, Phong Van Meter, challenges the trial court’s final judgment in favor of appellee, Bennie Dale Morris, regarding Morris’s claim for defamation. By one issue, Van Meter argues that the evidence supporting the trial court’s judgment is “not sufficient as a matter of law.” We affirm.

I. FACTUAL BACKGROUND

The dispute in this matter pertains to commen... More...
   $0 (12-15-2011 - TX)

Juan Gerardo Oliva v. Pigquinto Ramon Davila

This is an appeal from a jury verdict in favor of appellee following a suit for slander. Because we conclude the evidence is legally insufficient to support the jury findings on liability and on damages, we reverse and render a take-nothing judgment against appellee and in favor of appellant.

BACKGROUND

Appellant, Juan Oliva, and appellee, Pioquinto Davila, have known each other ... More...
   $0 (12-14-2011 - TX)

Dell R. Cullum v. Dalene M. White and Diamond A. Ranch

Dell Cullum appeals the judgment awarding Dalene White actual and punitive damages on her libel claim and the permanent injunction entered as a pretrial sanction.

BACKGROUND

White is the owner of Diamond A Ranch in Leakey, Texas, which among other enterprises, operates an exotic game ranch. White and her family are well known in the community as long-time residents and ranchers. Whit... More...
   $0 (12-14-2011 - TX)

Paul C. Stepnes v. Peter Ritschel

Minneapolis Police Sergeant Peter Ritschel arrested Paul Stepnes without a warrant for running a contest which allegedly violated Minnesota gambling laws. Ritschel later obtained a search warrant and seized several items from the house where Stepnes was running the contest. Reporter Esme Murphy broadcast a news story about the contest and Stepnes's arrest on WCCO TV, a local CBS television statio... More...   $0 (12-09-2011 - MN)

Merari Gonzalez v. Methodist Charlton Medical Center

In this appeal, appellant, Merari Gonzalez, challenges a summary judgment granted in favor of appellee, Methodist Charlton Medical Center (“Methodist”). In four issues, Gonzalez contends that: (1) genuine issues of material fact exist as to her breach- of-contract and wrongful-termination claims; (2) the trial court improperly disposed of her non-employment breach-of-contract claim; (3) Method... More...   $0 (12-07-2011 - TX)

Julia M. Taylor v. Giant of Maryland, LLC

We are asked to review a jury verdict in favor of the Petitioner, Julia M. Taylor, an African American female, in a suit in which she alleged both sexual discrimination and retaliatory termination against Giant of Maryland LLC, Respondent.1 The focal point of our review of the discrimination verdict is the application of “comparator evidence”2 in the context of Ms. Taylor’s claim of disparat... More...   $0 (12-06-2011 - MD)

Felipe Vicini Lluberes v. Uncommon Productions, LLC

This case raises issues of First Amendment law. At the center of the dispute is The Price of Sugar, a documentary film released in 2007 by film company Uncommon Productions, LLC, and its principal William M. Haney, III. The film depicts the treatment of Haitian laborers on sugarcane plantations in the Dominican Republic. It refers by name to brothers Felipe and Juan Vicini Lluberes, senior executi... More...   $0 (12-02-2011 - MA)

Erik E. Lang v. Warren W. Roche

Do principles of equity and fairness permit the redemption of property purchased by a judgment creditor at an invalid execution sale, though the statutory scheme characterizes execution sales as “absolute”? The answer is yes. Equitable redemption is available to those whose fundamental rights have been trampled. Citizens may not be dispossessed of their property by a “creditor” executing o... More...   $0 (11-29-2011 - CA)

Paul J. Montalbano, M.D. v. Saint Alphonsus Regional Medical Center

This case concerns a permissive appeal from the district court’s interlocutory entry of a protective order, holding that certain documents related to the suspension of Appellant Paul J. Montalbano’s privileges at Saint Alphonsus Regional Medical Center (SARMC) are not discoverable by Montalbano. The interlocutory order comes from Dr. Montalbano’s lawsuit filed against SARMC in district court... More...   $0 (11-18-2011 - ID)

Sun Fab Industrial Contracting v. Eric Lujan

In its sole issue, Appellant, Sun Fab Industrial Contracting, Inc. (Sun Fab), an employer, files this interlocutory appeal challenging the trial court’s denial of its motion to compel arbitration and stay proceedings in an employee-discrimination case filed by Appellee, Eric Lujan, a former Sun Fab employee. Finding error, we reverse the trial court’s order.

BACKGROUND

... More...
   $0 (11-10-2011 - TX)

Ray Brown v. Daniel Montoya

This appeal comes to us from the district court’s denial of the defendantsappellants’ motion to dismiss a complaint alleging 42 U.S.C. § 1983 claims against them for violation of the plaintiff-appellee’s rights under the Fourteenth Amendment to substantive due process, procedural due process, and equal protection. The appellants argued, among other things, that their qualified immunity from... More...   $0 (11-08-2011 - NM)

Jane Uche Amadi v. City of Houston

In this case brought under the Texas Tort Claims Act (―TTCA‖),1 the appellants challenge the trial court‘s order granting the City of Houston‘s plea to the jurisdiction. Because we conclude that the City of Houston (the ―city‖) has consented to suit, we reverse and remand.

BACKGROUND

Jane Uche Amadi, Constance Nnadi, and World Anointing Center Ministries, Inc. (collec... More...
   $0 (10-28-2011 - TX)

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