Defamation Law
 
Byron D. Neely, M.D., P.A. v. Nanci Wilson; CBS Stations Group of Texas, L.P.

Following an Austin television station's broadcast of an "investigative" news report that negatively portrayed his work as a neurosurgeon, Dr. Byron Neely and the professional association through which he practiced, Byron D. Neely, P.A. (collectively "Neely," except when the distinction is relevant), asserted causes of action for libel against the reporter who had written and presented the story, ... More...   $0 (02-11-2011 - )

Aspenwood Apt. Corporation v. Coinmach, Inc. f/k/a Solon Automated Services, Inc.

Appellee, Coinmach, Inc. f/k/a Solon Automated Services, Inc. (“Coinmach”), filed a motion for rehearing of our August 19, 2010 opinion. We grant rehearing and withdraw our August 19, 2010 opinion and judgment and issue this opinion and judgment in their place. The disposition of the case remains unchanged.

Appellant, Aspenwood Apartment Corporation (“Aspenwood”), appeals the tr... More...
   $0 (02-10-2011 - TX)

Ray Birmingham v. Experian Information Solutions, Inc.

Raymond Birmingham was the victim of identity theft. Verizon Wireless closed two fraudulent accounts opened in his name, but he disputed charges to his legitimate accounts and closed those as well. Verizon then reported his failure to pay the charges to the three major credit-reporting agencies—Experian Information Solutions, Inc. (Experian); Equifax; and TransUnion. Birmingham disputed these re... More...   $0 (02-07-2011 - UT)

Rufus Odem v. Deloitte & Touche, LLP; John Morgan and Kathie Schwerdtfeger

Appellant Rufus Odem brought claims for defamation, tortious interference with contract, conspiracy, negligence, and gross negligence against Deloitte & Touche, LLP, John Morgan, and Kathie Schwerdtfeger (collectively “Deloitte & Touche”). Odem’s claims arose out of a report prepared by Deloitte & Touche following a quality assessment review of the San Antonio Water System’s internal audi... More...   $0 (02-02-2011 - TX)

Timothy M. Brown, M.D. v. Daniel J. Gatti

This appeal is yet another chapter in the protracted litigation between plaintiffs and defendants regarding allegedly defamatory statements that defendant Gatti, an attorney, made to reporters about plaintiff Brown, a doctor. On appeal, plaintiffs make numerous assignments of error. We affirm and write to address only the first assignment of error, concerning summary judgment on plaintiffs' third ... More...   $0 (02-02-2011 - OR)

Miloslav Muller v. Myles Culbertson

Appearing pro se, as he did in the district court, Miloslav Muller appeals from the court’s order dismissing with prejudice his Title VII and § 1983 claims against the New Mexico Livestock Board (NMLB), and dismissing without prejudice his state law defamation claim. He also appeals the court’s order denying his motions to file first and second amended complaints. We have jurisdiction under 2... More...   $0 (02-01-2011 - NM)

Lawnwood Medical Center, Inc. v. Anil Desai, M.D.

A hospital appeals a temporary injunction permitting a doctor, for whom reappointment of privileges was denied, to continue to practice at the hospital during the pendency of the doctor’s civil suit against the hospital. The hospital argues the trial court erred in entering the injunction because it is immune from liability under section 395.0191, Florida Statutes (2009).1 We agree and reverse t... More...   $0 (01-26-2011 - FL)

ZyZy Corporation v. Gloria Hernandez

In this interlocutory appeal, ZYZY Corporation, publisher of the Eagle Pass News-Guide, a newspaper of general circulation in Maverick County, complains of the trial court’s order denying its motion for summary judgment in a libel suit brought by Gloria Hernandez. See Tex. Civ. Prac. & Rem. Code Ann § 51.014(a)(6) (West 2008). We hold Hernandez’s suit is not barred by limitations and that Z... More...   $0 (01-26-2011 - TX)

Edward G. Smith v. Dorough of Dunmore

Edward Smith appeals the order of the United States District Court for the Middle District of Pennsylvania granting summary judgment against him on his due process claims under 42 U.S.C. § 1983 and on his state law defamation and right of privacy claims. Smith also appeals the District Court’s judgment as a matter of law on his claim for punitive damages arising from a § 1983 retaliation claim... More...   $0 (01-25-2011 - PA)

Vernon Harris v. Maricopa County Superior Court

After he was forced out of his position as an Initial Appearance Hearing Officer for the Maricopa County Superior Court, Vernon Harris unsuccessfully sued the Superior Court and the other defendants for violations of, inter alia, his rights under Title VII of the Civil Rights Act and the Fourteenth Amendment. Defendants then sought substantial attorneys fees and costs from Harris, and were awarded... More...   $0 (01-20-2011 - AZ)

Jane Doe v. Dean Boland

In the course of preparing expert testimony and exhibits for a criminal trial, Dean Boland downloaded images of children from a stock photo website, digitally “morphed” them into pornography, then used the images to help his clients resist child pornography charges in federal and state courts. Boland’s actions, as it turned out, created potential problems of their own. On the criminal side, ... More...   $0 (01-19-2011 - OH)

Liysa Northon v. Ann Rule

In a true-crime book entitled Heart Full of Lies, author Ann Rule described in detail the killing by Liysa Northon of her husband, Christopher Northon. Liysa Northon, together with other members of her family, filed suit in an Oregon court against Rule and her publisher for defamation and false light invasion of privacy. Having already pled guilty to a charge of first degree manslaughter in an Ore... More...   $0 (01-18-2011 - OR)

Isle Of Wright County v. Alan Nogiec

Alan Nogiec, a former director of the Parks and Recreation Department of Isle of Wight County (County), sued the County for breach of contract and its assistant administrator, Patrick Small, for defamation. A jury found for Nogiec on both claims, and the County and Small appealed. We granted review to consider two questions: first, whether the evidence on damages was sufficient to support the jury... More...   $0 (01-13-2011 - VA)

Katie Gniadek v. Camp Sunshine at Sebago Law, Inc.

[¶1] In 2005, Katie Gniadek attended Camp Sunshine at Sebago Lake and met Michael Newton, a volunteer counselor. More than two months after Gniadek left the Camp, Newton sexually assaulted her. At issue on appeal are Gniadek’s claims that (1) Camp Sunshine’s negligence led to the sexual assault, and (2) the Camp is vicariously liable for Newton’s conduct. Because we conclude that Gniadek ca... More...   $0 (01-13-2011 - ME)

Isle of Wright County v. Alan Nogiec

Alan Nogiec, a former director of the Parks and Recreation Department of Isle of Wight County (County), sued the County for breach of contract and its assistant administrator, Patrick Small, for defamation. A jury found for Nogiec on both claims, and the County and Small appealed. We granted review to consider two questions: first, whether the evidence on damages was sufficient to support the jury... More...   $0 (01-13-2011 - VA)

Ester Salinas v. Pat Townsend and Norberto Salinas

Appellant, Ester Salinas, was found liable for slandering appellees, the current and former mayors of Mission, Texas. Appellant challenges the judgment by six issues, contending that: (1) her speech was constitutionally protected; (2) her statements were not, as a matter of law, unambiguous defamatory statements of fact; (3) appellees did not prove mental anguish; (4) appellees did not prove tha... More...   $0 (01-06-2011 - TX)

Edward G. Smith v. Borough of Dunmore

Edward Smith appeals the order of the United States District Court for the Middle District of Pennsylvania granting summary judgment against him on his due process claims under 42 U.S.C. § 1983 and on his state law defamation and right of privacy claims. Smith also appeals the District Court’s judgment as a matter of law on his claim for punitive damages arising from a § 1983 retaliation claim... More...   $0 (01-05-2011 - PA)

Wallace C. Leyshon v. Diehl Controls North America, Inc.

The plaintiff, Wallace C. Leyshon, brought suit against the defendants, Diehl Controls North America, Inc. (DCNA) and Christoph Weigand,1 alleging their breach of an employment contract, violation of the Illinois Wage Payment and Collection Act (820 ILCS 115/1 et seq. (West 2006)), and defamation. Following trial, the jury returned a verdict for the plaintiff and awarded damages. On the defamation... More...   $0 (12-27-2010 - IL)

David Blockowicz v. Joseph David Williams

David, Mary, and Lisa Blockowicz received an injunction ordering Joseph David Williams and Michelle Ramey to remove defamatory comments they posted about the Blockowiczs on www.ripoffreport.com (“ROR”), among other websites. Williams and Ramey never responded to the injunction, prompting the Blockowiczs to contact the websites on which the statements were posted to secure compliance with the i... More...   $0 (12-27-2010 - IL)

Latif Khan v. Edward Bland, Housing Authority of Champaign County

Latif Khan is a landlord in Champaign, Illinois, who began renting properties under the Section 8 Housing Choice Voucher Program in 1993 through the Housing Authority of Champaign County (HACC). Khan’s relationship with the HACC began to deteriorate in 2005 when Khan evicted a Section 8 tenant from one of his units and Edward Bland, the executive director of HACC, became aware that Khan had ente... More...   $0 (12-23-2010 - IL)

Barbara Hale v. State Farm Florida Insurance Company

Appellants, Barbara Hale and Sandra Segal, appeal the trial court’s order granting State Farm Insurance Company’s motion for final summary judgment. The trial court entered the order after determining that State Farm had no duty to defend or indemnify Hale and Segal in the underlying action in which their sister-in-law, Doris Wohl, sued both Hale and Segal for defamation and tortious interfere... More...   $0 (12-22-2010 - FL)

Avery Hutcheson v. Electronic Data Access Technologies, Inc.

Avery Hutcheson (“Hutcheson”) appeals from the trial court’s dismissal of his case for failure to prosecute. Hutcheson contends the trial court erred: (1) in dismissing his Missouri Human Rights Act claims without prejudice and without notice and opportunity to be heard, and (2) in denying his unopposed motion to vacate the dismissal for failure to prosecute without a hearing. We reverse and... More...   $0 (12-21-2010 - MO)

Kim Priebe v. Beverly Priebe A'Hearn

Appellant Kim 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... More...   $0 (12-16-2010 - TX)

Clayton Harmstron v. City of San Francisco

The district court sanctioned police officer Andrew Cohen and attorney Waukeen Q. McCoy (collectively, “Cohen”) in 2007 for violating the court’s discovery protective order. After the district court remanded the case to state court in 2008, and after the state court entered judgment, Cohen appealed the district court’s sanctions order in 2009. We are first asked to decide whether the reman... More...   $0 (12-10-2010 - CA)

Phenel Mondesir v. Luby's Restaurants

Phenel Mondesir appeals from an order granting final summary judgment in favor of Luby’s Restaurants, Limited Partnership. In his sole issue, Mondesir argues that his uncontroverted evidence raised genuine questions of material fact. Because Mondesir did not preserve his objection to the evidence submitted in support of the summary-judgment motion, and because he failed to adequately brief the... More...   $0 (12-09-2010 - TX)

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AK Morlan
Kent Morlan, Esq.
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