Defamation Law
 
Anne Stoher v. Springfield Medical Care Systems, Inc.

This action is primarily an employment related claim in which plaintiffs allege that they were retaliated against by the defendant, that their employment/medical privileges were terminated or restricted, and that they were tortiously injured by the defendant because of their whistleblowing actions in reporting what they believed to be repeated, significant violations of applicable professional res... More...   $0 (10-26-2011 - vT)

Andre Harrison v. Michael Addington

¶ 1 Appellant-plaintiff, Andre Harrison, appeals the trial court’s grant of summary judgment on behalf of appellees-defendants, Michael Addington, James Olson, Roy DeVault, Sherri Martin, Jeff Chisholm, Steven Brockway, Mark Digney and Metroe Hornbuckle. ¶ 2 Counts II and IV of the third amended complaint allege that Olson and DeVault defamed appellant by repeating the false statements that ap... More...   $0 (10-25-2011 - IL)

David Hutchins v. David A. Clarke, Jr.

Milwaukee County Deputy Sheriff David Hutchins brought an action for comments made by Milwaukee County Sheriff David Clarke regarding Hutchins’ disciplinary history with the sheriff’s department. The district court granted the plaintiffs’ motions for summary judgment, finding that Sheriff Clarke violated (1) Wisconsin’s Open Records Law, Wis. Stat. §§ 19.31-19.39; (2) Wisconsin’s Right... More...   $0 (10-24-2011 - WI)

Maurice Oliver v. James Hill

Maurice and Dionne C. Oliver appeal the trial court summary judgment arising out of a dispute with James Hill over an agreement to lease and transfer real property located in Spring, Texas.[1] Maurice Oliver claims that the trial court erred in granting summary judgment in favor of Hill on his claims for breach of contract, defamation, fraud in a real estate transaction, and malicious prosecuti... More...   $0 (10-21-2011 - T)

Gary Smallwood v. Allied Van Lines, Inc.

Gary Smallwood contracted with Allied Van Lines, Inc. and SIRVA, Inc. (collectively, AVL) to move some of his household goods from southern California to the United Arab Emirates (UAE) and to move the remainder of the goods — including a box full of firearms and ammunition — to storage. Instead, AVL shipped his weapons to the UAE. When UAE officials discovered Smallwood’s weapons, they arres... More...   $0 (10-18-2011 - ca)

National Western Life Insurance Company v. Sheila Newman

We have considered Appellee Sheila Newman’s motion for rehearing. We deny the motion but withdraw our August 11, 2011 opinion and judgment and substitute the following.

Appellant National Western Life Insurance Company (National Western) appeals the trial court’s judgment against it for the fraudulent acts of its agent, Lynn Strickland, Jr., upon appellee Shelia Newman. Newman filed a... More...
   $0 (10-13-2011 - TX)

Yuin University v. Korean Broadcasting System

This matter involves a defamation action filed by appellant Yuin University (Yuin) against respondent Korean Broadcasting System (KBS) for a news broadcast which characterized Yuin as a “degree factory.” Judgment was entered for KBS on Yuin‟s libel claim. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

I. The Broadcast

On September 2, 2007, KBS broadcast a segm... More...
   $0 (10-05-2011 - CA)

Tom Retzlaff v. Belinda Mendieta-Morales

Tom Retzlaff appeals from a summary judgment granted in favor of Belinda Mendieta-Morales. In three issues, he challenges the granting of the summary judgment, the denial of his motion for a continuance, and the striking of his summary judgment response. For the reasons that follow, we affirm.

In 2000, Retzlaff and Morales entered into an agreed judgment that enjoined them fro... More...
   $0 (10-05-2011 - TX)

Gary R. Siegel v. Raymond Rowe

Gary R. Siegel and Cynthia A. Leahy-Fernandez challenge awards of attorney's fees made against them under section 57.105(1), Florida Statutes (2006). In the underlying action brought by Ms. Leahy-Fernandez, who was represented by Mr. Siegel, the circuit court ruled against Ms. Leahy-Fernandez on her claims. Because Ms. Leahy-Fernandez presented evidence at the final hearing that tended to prove th... More...   $0 (10-05-2011 - FL)

Frances Carner v. Louisiana Health Service & Indemnity Company

Plaintiff-Appellant Frances Carner, a former employee of Defendant- Appellee Louisiana Health Service & Indemnity Company, d/b/a BlueCross BlueShield of Louisiana, brought a lawsuit against BlueCross BlueShield of Louisiana alleging both federal and state claims, including retaliation, hostile work environment, and constructive discharge. Carner appeals the district court’s grant of BlueCross Bl... More...   $0 (10-03-2011 - LA)

Kristine P. Purcell v. Bank of America

According to a complaint filed in state court, Bank of America told credit agencies that Kristine Purcell is behind in payments on a loan, even though the Bank knows that she isn’t. If Purcell’s allegations are correct, then the Bank has violated the Fair Credit Reporting Act, 15 U.S.C. §1681s–2(a), and perhaps state law too. The Bank removed the suit to federal court and moved for judgment... More...   $0 (10-03-2011 - IN)

Roger Shuler v. Ingram & Associates, NCO Financial Systems, Inc.

Roger and Carol Shuler (“the Shulers”), proceeding pro se, appeal the district court’s order granting the summary judgment motions of defendants Ingram & Associates (“Ingram”) and NCO Financial Systems, Inc. (“NCO”) on all claims raised in the Shulers’s complaint as amended, which alleged violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692, et seq.... More...   $0 (09-29-2011 - AL)

Severe Records, et al. v. John Rich

Plaintiff Mark Christopher “Chris” Sevier authored a song entitled “Better.” Defendant Shanna Crooks recorded the song and, because they were pleased with the results, they co-authored and recorded a second song, “Watching Me Leave.” Their relationship then collapsed, Crooks signed as a recording artist with unrelated recording and management companies, and various accusations and... More...   $0 (09-23-2011 - Te)

Mauricio Funes v. Ernesto A. Villatoro

Ursula Marisol Funes and Mauricio Funes appeal the trial court’s judgment in favor of Ernesto Antonio Villatoro on numerous grounds. Villatoro also appeals, contending that the trial court erred by failing to award him “attorney’s fees for a successful appeal.” We affirm in part, reverse and render in part, and reverse and remand in part.

Overview

Villatoro and his brother-... More...
   $0 (09-22-2011 - TX)

Meanith Huon v. Johnson & Bell, Ltd.

Meanith Huon is a lawyer representing himself in this appeal. After he was fired from his job as an associate at Johnson & Bell, he initiated two lawsuits against the firm and three of its other attorneys. He filed his first action in state court, asserting state-law claims of defamation and intentional infliction of emotional distress resulting from allegedly damaging annual performance evaluatio... More...   $0 (09-21-2011 - IL)

Donald J. Trump v. Timothy L. O'Brien, Time Warner Book Group, Inc. and Warner Books, Inc.

Donald Trump, the plaintiff in a suit for defamation, appeals from a Law Division order granting summary judgment to defendants, Timothy O'Brien, the author of TrumpNation, The Art of Being The Donald, and his publishers, Time Warner Book Group, Inc. and Warner Books, Inc.1 On appeal, Trump contends that he produced clear and convincing evidence of actual malice on the part of O'Brien and that iss... More...   $0 (09-13-2011 - NJ)

Gina Fiore v. Anthony Walden

Federal law enforcement officers seized funds from passengers who were temporarily in the Atlanta airport changing planes. The travelers, Gina Fiore and Keith Gipson, explained that the funds were legal gambling proceeds, not evidence of drug transactions. Their story turned out to be true. Fiore and Gipson claim the seizure and later efforts to institute forfeiture proceedings were unconstitution... More...   $0 (09-12-2011 - NV)

John Doe, 3 v. Elmbrook School District

A group of pseudonymous plaintiffs, referring to themselves as Does 1 through 9, brought this action against the Elmbrook School District (“the District”) in the United States District Court for the Eastern District of Wisconsin. They alleged that the District’s practice of holding high school graduation ceremonies and related events at a Christian church rented by the District for the occas... More...   $0 (09-09-2011 - WI)

Jeremy Franklin Suzuki of Kansas City v. American Suzuki

Jeremy Franklin Suzuki sued American Suzuki on a commercial defamation theory claiming that it was harmed as a result of negative publicity published by defendant about it.

Plaintiff claimed that another Kansas City Suzuki dealer along with Jeremy Franklin’s brother, Chad, advertised a “no payments for life” plan for new Suzuki car buyers. As anticipated, their scheme didn’t go a... More...
   $18500000 (09-09-2011 - OK)

Rebecca West v. Todd Morehead, Columbia City Paper, LLC and Paul Blake

In this appeal from a jury verdict in favor of Rebecca West for actual and punitive damages on a defamation claim, we address the "fair report privilege" and whether West introduced sufficient evidence of Appellants' fault. We find the trial court properly handled the fair report privilege and properly submitted to the jury the question of whether West presented sufficient evidence of fault as to... More...   $0 (09-07-2011 - SC)

E360 Insight v. The Spamhaus Project

The last time plaintiff e360 Insight, Inc. came before this court, we affirmed the district court’s entry of default judgment against defendant The Spamhaus Project. All that remained was for e360 to make a reasonable showing of its damages.

After a bench trial on the issue, the district court awarded e360 a mere $27,002, a far cry from the millions of dollars that e360 sought. Both parti... More...
   $3 (09-02-2011 - IL)

David Cardwell, M.D. v. Marianne McDonald

Patrick A. GrovesIn this interlocutory appeal, we consider whether a suit for money damages against a physician constitutes a "health care liability claim" subject to the expert-report requirement of the Texas Medical Liability Act (TMLA), (1) an issue litigated so frequently nowadays that recent opinions of the Texas Supreme Court have begun abbreviating that statutory term "HCLC." (2) Making thi... More...   $0 (08-31-2011 - TX)

Barbee B. Lyon v. Chase Bank USA, N.A.

This case originated with a misunderstanding regarding a $645 charge on the credit-card bill of Appellant Barbee Lyon.

Appellee Chase Bank USA, N.A. (“Chase”) misidentified the basis for the charge but failed to respond to Lyon’s requests for information about it. Chase continued to seek payment and reported the debt as delinquent to credit agencies, despite Lyon’s protest. In doing... More...
   $0 (08-30-2011 - OR)

Judy Chou Chiung-Yu Yang v. Prudential Insurance Company of America

Judy Chou Chiung-Yu Wang (“Wang”) appeals the district court’s dismissal of her claims against her former employer, Prudential Life Insurance Company and affiliated entities (collectively, “Prudential”), and several Prudential employees. On appeal, Wang argues that the district court erred by: (1) failing to convert the defendants’ motion to dismiss into a motion for summary judgment; ... More...   $0 (08-29-2011 - TX)

Sagun Tuli v. Brigham & Women's Hospital

Now before us are four appeals in a case brought by Dr. Sagun Tuli, a female neurosurgeon, against her employer Brigham and Women's Hospital ("the Hospital") and her former co-worker and supervisor Dr. Arthur Day. The first appeal was by the Hospital from a preliminary injunction sought and obtained by Tuli; the three more recent appeals followed a jury verdict awarding Tuli damages against the de... More...   $0 (08-29-2011 - MA)

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AK Morlan
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