Defamation Law
 
Bondell F. Mitchell v. KDJM-FM

Blondell Mitchell, a pro se litigant,1 appeals from the district court’s dismissal of her defamation action as barred by res judicata. Because the district court correctly dismissed the complaint, we affirm. We also deny Mitchell’s request to proceed in forma pauperis on appeal.

I. BACKGROUND

Beginning in 2006, Mitchell filed several actions against numerous defendants allegi... More...
   $0 (12-09-2010 - CO)

Kathie Costanich v. Department of Social and Health Services of the State of Washington

Washington state revoked Kathie Costanich’s foster care license and instituted guardianship termination proceedings against her following an investigation by a Department of Social and Health Services (“DSHS”) social worker, Sandy Duron, which purportedly revealed “emotional abuse” of the children in Costanich’s care. Finding fundamental inaccuracies in the investigation, an administra... More...   $0 (12-03-2010 - WA)

George Privitera v. Patsy Noland

George Privitera sued Jefferson County Commissioner Patsy Noland on a defamation theory claiming that Defendant post untrue statements about her on an Internet posting that reached 289 subscribers. Plaintiff worked as an information technology support specialist for the county on March 11, 2009, the day Noland sent out the e-mail message.

Plaintiff claimed she was defamed and libeled and t... More...
   $5000 (12-03-2010 - WV)

Bruce Eklund v. City of Seattle Washington

Bruce E. Eklund (Eklund) brought this suit under 42 U.S.C. § 1983 against the City of Seattle Municipal Court (the Municipal Court), the chief judge of the court, Fred Bonner (Bonner), and others. Eklund alleged wrongful termination of his employment by the Municipal Court and denial of due process of law in his termination. A jury returned a verdict for the defendants on the wrongful termination... More...   $0 (11-30-2010 - WA)

Thomas R. Hutchinson v. Bonnie J. Hahn

Plaintiffs-Appellants Thomas R. Hutchinson and his counsel, Joan Godlove, appeal from the district court’s monetary judgment running jointly and severally against them awarding $73,208.57 and $33,808.57 to various lawyer or law firm defendants as sanctions resulting from the underlying lawsuit. IV Aplt. App. 849- 852. On appeal, they contend that (1) the district court’s sanction order should ... More...   $0 (11-24-2010 - OK)

Dennis Synder v. The American Kennell Club

The legal question raised on appeal is whether the district court erred by granting summary judgment to the defendant. Another question, unrelated to the legal one, but equally weighty, is “what happened to Jag?” Jag was (and perhaps still is) a Golden

Retriever owned by Janis Fonceca. Plaintiffs-Appellants Dennis and Audra Snyder are professional dog handlers. They were hired by Foncec... More...
   $0 (11-24-2010 - KS)

Allen Jones v. Rick England, et al.

Plaintiff Allen Jones is the son of Larry Jones, founder of the non-profit relief organization Feed The Children (“FTC”). In May 2009, Allen filed this diversity action against defendants, all of whom except Larri Sue Jones are former board members of FTC, alleging defamation per se based on a statement made by Larri Sue at an FTC board meeting.1 The alleged defamatory statement was recorded i... More...   $0 (11-10-2010 - OK)

Daniel Coleman v. Maryland Court of Appeals

Daniel Coleman appeals the dismissal of his amended complaint in this suit alleging, as is relevant here, violations of Title VII of the Civil Rights Act of 1964 ("Title VII"), see 42 U.S.C.A. §§ 2000e to 2000e-17 (West 2003 & Supp. 2010), and of the Family and Medical Leave Act of 1993 ("FMLA"), see 29 U.S.C.A. §§ 2601-54 (West 2009 & Supp. 2010). Finding no error, we affirm.

I.
More...
   $0 (11-10-2010 - MD)

Kristofer Thomas Kastner v. Gutter Management Inc., Guttermaxx, L.P., Frank Fulco, Jack Heath, Russell Lund, and Jim McLaughlin

The appellant brought suit against his former employer and related entities as well as several other employees seeking to recover damages arising from an alleged assault and allegedly false statements made to the Texas Board of Law Examiners regarding the appellant’s application for a law license. The trial court granted the no-evidence summary judgment motions filed by the appellees. On appea... More...   $0 (11-04-2010 - TX)

Brian Dawe v. Corrections, USA, et al.

Brian Dawe sued California Correctional Peace Officers Association, Corrections USA, Donald Joseph Baumann and James Baiardi on defamation theories claiming that Mike Jimenez and other officials breached contracts and spread lies about him and two co-plaintiffs. Dawe was a founder and former executive director/treasurer of Corrections USA, a coalition of individual prison officers and prison off... More...   $12300000 (10-22-2010 - CA)

1-800-Got Junk? LLC v. Millennium Asset Recovery, Inc.

Millennium Asset Recovery, Inc. (Millennium), a franchisee, is suing Petitioner 1-800-Got Junk? LLC (Got Junk), the franchisor, for wrongfully terminating Millennium‟s franchise.1 The franchise agreement specifies the application of the law of Washington State. Millennium seeks to enforce the choice of law provision in the franchise agreement. Got Junk contends the choice of law provision in its... More...   $0 (10-21-2010 - CA)

Wendell Watson v. Telecheck Services, Inc.

In the events described by Wendell Watson’s pleadings, Watson was gambling at Harrah’s Casino with $1,000.00 in cash he obtained from Harrah’s in exchange for his personal check in that amount, when a dispute arose resulting in Harrah’s confiscating his cash and ejecting him from the premises. That started a chain of events resulting in this appeal.

Because Harrah’s... More...
   $0 (10-21-2010 - TX)

Guadalupe Lopez v. Sonic Restaurants, Inc.

Guadalupe Lopez and Yin Yin Zhu Lopez sued Sonic Restaurants, Inc. and Robert Martinez for defamation. The trial court granted Sonic and Martinez’s amended motion for no evidence and traditional summary judgment. In their pro se brief, the Lopezes list three issues as being presented; however, a brief must contain a clear and concise argument of the contentions made, and the arguments contain... More...   $0 (10-13-2010 - TX)

Claudia DiFolco v. MSNBC Cable, L.L.C.

Plaintiff-appellant Claudia DiFolco (“DiFolco”) appeals from so much of an order 3 entered on March 30, 2007, in the United States District Court for the Southern District of 4 New York (Preska, Ch. J.), as dismissed, for failure to state a claim pursuant to Fed. R. 5 Civ. P. 12(b)(6), her causes of action for breach of contract (and related New York Labor 6 Law violations), defamation, and to... More...   $0 (10-07-2010 - NH)

Robert L. Cullen v. J. Bennett McNeal

In this cross-appeal, the Appellants-Respondents (the Homeowners) argue the circuit court erred in (1) considering extrinsic evidence in interpreting the Declarations for Wright's Point; (2) construing the term "Developer"; (3) finding undeveloped land was a part of Wright's Point; (4) finding B. McNeal Partnership, L.P. was a "successor developer"; (5) finding the Developers were entitled to co... More...   $0 (10-06-2010 - Sc)

Bill Chan v. Graig T. Lund

This five-year-old dispute arises out of the cutting of a number of Leyland cypress trees on Bill Chan‟s Los Altos property adjacent to a fence separating his property and the property of Craig and Kathleen Lund (the Lunds). The Lunds hired an unlicensed tree contractor, Norma Gonzalez, dba Norma Tree Service (Norma Tree), to trim the trees, which had branches that extended onto the Lunds‟ pro... More...   $0 (09-29-2010 - CA)

Linda Stewart v. NYT Broadcast Holdsin, L.L.C.

¶1 Plaintiff/Appellant Linda Stewart (Stewart) seeks review of the trial court's order denying her motion for new trial after a jury verdict for Defendants/Appellees NYT Broadcast Holdings and Griffin Communications (KFOR and KWTV, respectively) on Plaintiff's claims for defamation and false light invasion of privacy. In this appeal, Stewart asserts the broadcasts aired by Appellees were false an... More...   $0 (09-24-2010 - OK)

Peter Dahl v. Rice County, Minnesota

Peter L. Dahl and his wife brought this suit against Rice County, Minnesota, the Rice County Sheriff, and two other sheriff’s department employees, seeking damages for Dahl’s physical injuries pursuant to 42 U.S.C. § 1983. They alleged violations of Dahl’s First and Fourteenth Amendment rights, along with various state law claims.

The district court1 entered summary judgment for the ... More...
   $0 (09-18-2010 - MN)

Mitch Tanen v. Southwest Airlines Co.

Plaintiff and appellant Mitch Tanen (Tanen) bought a $100 travel certificate from defendant and respondent Southwest Airlines Co. (Southwest) in February 2005. He attempted to redeem it 14 months later, after its stated expiration date. When Southwest refused to honor the travel certificate, Tanen sued, asserting that the expiration date violated Civil Code section 1749.5, which makes it unlawful ... More...   $0 (08-26-2010 - CA)

Evelyn Rivera v. First Databank, Inc.

Defendant First DataBank, Inc. appeals from denial of its special motion to strike the negligence and breach of contract causes of action in the complaint filed by plaintiffs Evelyn Rivera, Beau Rivera, Steven Rivera, Jenna Rivera, and Corryn Rivera. (anti-SLAPP motion; Code Civ. Proc., § 425.16; all further references are to this code unless otherwise stated.) It contends the court erred when it... More...   $0 (08-19-2010 - CA)

Dr. Herand Abcarian v. Timothy McDonald

After learning that the settlement of a medical malpractice claim against him had been reported to state and national professional authorities, Dr. Herand Abcarian filed this suit against the University of Illinois and a number of its employees alleging numerous violations of his constitutional rights. The district court dismissed the amended complaint in its entirety and entered a judgment dismis... More...   $0 (08-16-2010 - IL)

Tom Juzwiak v. John Doe a/k/a Jtharthat@yahoo.com

Defendant John Doe appeals, pursuant to leave granted, from a trial court order denying his motion to quash a subpoena served upon his Internet service provider. After reviewing the record in light of the contentions advanced on appeal, we reverse.

The record before us is sparse. It consists of plaintiff's complaint and the record created in connection with defendant's motion to quash. Fr... More...
   $0 (08-03-2010 - NJ)

Janet Carroll v. Kristi Donau

Janet Carroll appeals a final summary judgment on her health care liability claims against eight nurses--Kristi Donau, Shonna Tobias, Karla McKinney, Melissa Migl, Katie Watson, Leah Delafield, Nathan Lofgren, and SoonCha Sherman (collectively, the "Seton nurses"). (1) The Seton nurses had relied on the tort claims act's election-of-remedies provision. In two issues, Carroll urges that the distri... More...   $0 (07-29-2010 - TX)

Pablo Turull v. William E. Fergusson

Appellants, Pablo Turull and Ruth Turull, appeal the trial court’s rendition of a judgment that excluded the attorney’s fees awarded to the Turulls by the jury. Appellants argue that the trial court erred by granting a judgment notwithstanding the verdict on the issue of their attorney’s fees.

We reverse and render judgment.

Background

In April 2001, William E. Fe... More...
   $0 (07-29-2010 - TX)

Thomas Mink v. Susan Knox

Thomas Mink appeals the district court’s dismissal of his 42 U.S.C. § 1983 complaint against Susan Knox, a deputy district attorney, on qualified immunity grounds. We reverse.

I.

Mr. Mink, a student at the University of Northern Colorado (“UNC”), created a fictional character, “Junius Puke,” for the editorial column of his internet-based journal, The Howling Pig.1 Mink... More...
   $0 (07-29-2010 - CO)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher