Plaintiff-Appellant David A. Bentkowski, the Mayor of Seven Hills, Ohio, sued Defendants-Appellees Scene Magazine, Cleveland Scene Publishing, LLC, Cleveland Scene, LLC, and Village Voice Media Holdings LLC for defamation arising from an article published in a weekly publication called Cleveland Scene. The district court granted Appellees’ motion for summary judgment and Bentkowski appeals. In a... More...   $0 (04-19-2011 - OH)

Plaintiff-appellant Rodney Graves was arrested under the mistaken belief that he robbed the U.S. Bank in Glasgow, Kentucky on August 10, 2007.

The Glasgow police conducted the investigation that resulted in the warrant for Graves’s arrest, and the Kentucky State Police Special Response Team carried out that arrest on August 15, outside of Glasgow’s jurisdiction. The next day, police l... More...   $0 (04-18-2011 - KY)

An employee filed suit against her employer for wrongful termination after her union refused to take her grievance to arbitration under the applicable collective bargaining agreement. Relevant federal law required the employee to prove as part of her wrongful termination claim that her union had breached its duty of fair representation when handling her grievance.1 During trial the employer twice ... More...   $0 (04-15-2011 - AK)

The plaintiff, Dean J. Waterfield, appeals an order of the Superior Court (Barry, J.) granting summary judgment in favor of the defendants, Meredith Corporation, John Doe Anchorperson(s), and John Doe On-Site Reporter. We affirm in part, reverse in part, and remand.

The trial court found or the record supports the following facts. In March 2001, the plaintiff married Stephanie Waterfield.... More...   $0 (04-14-2011 - NH)

Wayne M. Fournerat, a former Oklahoma-licensed attorney who proceeds pro se, appeals the district court’s orders granting defendants’ motions to dismiss. See Fed. R. Civ. P. 12(b)(1), (6). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I.

In his 110-page amended complaint, Mr. Fournerat brought claims under 42 U.S.C. §§ 1983 and 1985 against (1) the Wisconsin Law R... More...   $0 (04-12-2011 - OK)

Quincey Gerald Keeler appeals from the district court’s judgment in favor of defendant Wesley Medical Center, named as “HCI Wesley” in the complaint, on claims the court construed as breach of contract, hostile work environment, negligence, and invasion of privacy. The district court certified its judgment for immediate appeal pursuant to Federal Rule of Civil Procedure 54(b). We have jurisd... More...   $0 (04-07-2011 - KS)

In this appeal, we decide whether a federal government employee’s state law tort claims against a labor union are completely preempted by the Civil Service Reform Act of 1978. See 5 U.S.C. §§ 2301–2305 (West 1994 & Supp. 2010), 5 U.S.C. §§ 7101–7154 (West 1996 & Supp. 2010) (West 2010). Finding no complete preemption under the circumstances presented in this case, we reverse and remand... More...   $0 (04-07-2011 - TX)

Priebe filed suit against her stepmother Beverly A’Hearn, alleging defamation and intentional infliction of emotional distress. The trial court granted A’Hearn’s motion for directed verdict on the defamation claim. After a trial on the merits, the jury found A’Hearn liable for intentional infliction of emotional distress and awarded Priebe mental anguish damages and nominal exemplary dam... More...   $0 (04-06-2011 - TX)

The petitioner, Northern Security Insurance Company (Northern Security), appeals an order of the Superior Court (McHugh, J.), denying its motion for summary judgment and granting the cross-motion for summary judgment of respondent Michael Connors. The trial court ruled that Northern Security has a duty to defend respondent Connors in a civil lawsuit pending in Rockingham County Superior Court, Rei... More...   $0 (03-31-2011 - NH)

Richard Rennell and Randall Rowe ran a company that managed manufacturedhousing communities. In 2007 Rowe bought out Rennell’s interest in the joint venture. At the time, Rowe told Rennell that he was terminating the joint venture and essentially gave Rennell an offer he couldn’t refuse: either take approximately $300,000 and walk away, or walk away with nothing. Rennell took the money, but he... More...   $0 (03-25-2011 - IL)

Kenneth O. Kennedy was embroiled in a zoning dispute about the expansion of a strip mall next to his home. In May 2005, he approached Joseph Schutzman, a police officer and building inspector, in the Villa Hills city building. Refusing to speak to Kennedy, Schutzman left the city building.

Kennedy told nearby city workers in the building that “that son of a bitch [Schutzman] broke all of ... More...   $0 (03-24-2011 - KY)

Kenneth O. Kennedy was embroiled in a zoning dispute about the expansion of a strip mall next to his home. In May 2005, he approached Joseph Schutzman, a police officer and building inspector, in the Villa Hills city building. Refusing to speak to Kennedy, Schutzman left the city building. Kennedy told nearby city workers in the building that “that son of a bitch [Schutzman] broke all of the zon... More...   $0 (03-24-2011 - KY)

In their first-party bad faith action against State Farm Florida Insurance Company (“State Farm”), the plaintiffs, Rene and Sylvia Puig (“the Puigs”), moved to compel State Farm to produce its entire claim file. The trial court granted the Puigs’ motion, and State Farm now seeks a writ of certiorari quashing the trial court’s order. We conclude that the trial court misapplied the Flori... More...   $0 (03-23-2011 - FL)

Cheryl Skigin sued her employer John M. Shanahan and companies owned by him for sexual harassment, gender discrimination, marital status discrimination, religious discrimination, retaliation, sexual battery, breach of oral contract, fraud and deceit, breach of written contract, and wrongful termination. Shanahan settled the lawsuit for $700,000.

Shanahan had a renter‟s insurance policy an... More...   $0 (03-17-2011 - CA)

¶1 Plaintiff Bill Grogan appeals the order of the district court granting the motion for summary judgment filed by KOKH, LLC, a foreign limited liability company, Andrew Spino, Jaime Cerreta, and Matt Austin (KOKH defendants). Oral Argument was conducted in this case on March 5, 2010. The appeal has been assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36 (b), 12 O.S. ... More...   $0 (03-16-2011 - OK)

Karim El-Ghazzawy brought suit against Officer Kay Berthiaume under 42 U.S.C. § 1983 for violating his constitutional rights after Berthiaume arrested El-Ghazzawy due to his alleged sale of counterfeit watches to a pawn shop. The district court1 denied Berthiaume’s motion for summary judgment, concluding she was not entitled to qualified immunity. Berthiaume contends the court erred because it ... More...   $0 (03-15-2011 - MN)

Jerry Moore sued John Hoff on a defamation theory claiming that the Defendant blogger for posting a a blog post he wrote in June 2009 after he learned that Moore was hired by the University of Minnesota's Urban Research and Outreach/Engagement Center. On his blog, Hoff accused Moore of being involved in a high-profile mortgage fraud case, even though Moore was never charged. Plaintiff also claimed... More...   $0 (03-11-2011 - MN)

¶1 Phillip Governale appeals from the grant of summary judgment to Defendants Daniel Lieberman, M.D., and the Arizona Center for Neurosurgery, Ltd. (collectively “Defendants”). Governale argues that the superior court erred in failing to find that Arizona Revised Statutes (“A.R.S.”) section 12-2604 (Supp. 2009) violates the Arizona Constitution by its restriction upon Governale’s choice... More...   $0 (03-10-2011 - AZ)

This civil-rights case was filed after law enforcement officers shot and killed a suspected car thief during a standoff. Immediately prior to the shooting, the suspect had been standing with his right hand concealed in his waistband and appeared to be clutching an object. After being ordered both to show his hands and to freeze, the suspect suddenly pulled his right hand out of his waistband—not... More...   $0 (03-04-2011 - nj)

Rich Bergeron asks us to remove the judge presiding in Eppley v. Iacovelli, a case pending in the district court. Bergeron had repeatedly asked her, without success, to recuse herself.

Eppley, a plastic surgeon, had sued Iacovelli, a former patient, in 2009 for defamation and other alleged wrongs arising from Iacovelli’s dissatisfaction with the face-lift operation that Eppley had perform... More...   $0 (03-04-2011 - IN)

Under the law of this Circuit, the viability of a prima
16 facie First Amendment retaliation claim depends on context.
17 Private citizens alleging retaliation for their criticism of
18 public officials must show that they engaged in protected
19 speech, persons acting under color of state law took adverse
20 action against them in retaliation for that speech, and the
21 re... More...   $0 (03-02-2011 - NY)

A jury held members of the Westboro Baptist Church liable for millions of dollars in damages for picketing near a soldier’s funeral service. The picket signs reflected the church’s view that the United States is overly tolerant of sin and that God kills American soldiers as punishment.The question presented is whether the First Amendment shields the church members from tort liability for their... More...   $0 (03-02-2011 - DC)

Plaintiff Greg Shrader appeals from a series of orders culminating in a judgment dismissing this action in its entirety for lack of personal jurisdiction over any of the named defendants. We affirm for reasons explained below.

I. PLEADINGS AND DISTRICT COURT PROCEEDINGS

Mr. Shrader brought this tort action pro se, asserting claims for defamation, false-light invasion of privacy, inte... More...   $0 (02-28-2011 - OK)

Richard Mask sued Doug Guetzloe on a defamation theory claiming that Guetzloe said that he was "trolling" and "cruising" Trailer City for children and young boys on a radio show.

Defendant asserted truth as his defense. ... More...   $1610000 (02-25-2011 - FL)

Plaintiff-Appellant David Fabbrini was sued by the City of Dunsmuir, California (“the City”), for his failure to sufficiently collateralize a municipal loan. The City’s lawsuit included a request for declaratory relief regarding Fabbrini’s obligations, as well as a fraud claim. Subsequently the City voluntarily dismissed that lawsuit. Fabbrini then filed a federal court action against the ... More...   $0 (02-11-2011 - CA)