¶ 1 Appellant, Brokerage Concepts, Inc. (“BCI”), appeals from the October 31, 2007 order denying its post-trial motions for judgment notwithstanding the verdict or a new trial and entering judgment in favor of Appellee, Walnut Street Associates, Inc. (“Walnut Street”). After careful review, we conclude that in accordance with the Restatement (Second) of Torts § 772(a), true statements ma... More...   $0 (09-22-2009 - PA)

In 2004, the Morgan Hill City Council adopted a resolution that condemned Bruce Tichinin, a local attorney, for hiring a private investigator to conduct surveillance of the city manager and then denying that he had done so. Thereafter, Tichinin filed an action against the City under 42 United States Code section 1983 (hereafter “1983 action”) alleging that the City unlawfully retaliated agains... More...   $0 (09-22-2009 - CA)

Former St. Bernadette teachers Diane Nameth, Judy Hudak and Mary Jo Keane sued the Rev. Thomas Webe, the school's principal, on defamation theories claiming that Defendant trampled their reputations in meetings and in newsletters to parishioners to justify the firings. Defendant terminated Plaintiffs' contracts with the school at the end of his first year as principal of the school. The three had... More...   $675000 (09-12-2009 - OH)

Plaintiff-appellant R. Greg Cory filed suit against Allstate Insurance Company and Allstate Financial Services, LLC (collectively, “Allstate”) for, among other claims, breach of implied contract and defamation. The district court dismissed the implied contract claim under Fed. R. Civ. P. 12(b)(6) and entered summary judgment against him on the defamation claim. Mr. Cory appeals. We have jurisd... More...   $0 (09-09-2009 - NM)

Dr. Harold L. Kennedy sued the Times Publishing Co. d/b/a St. Petersburg Times on defamation theories claiming that three articles the Times ran in December 2003 falsely implied that he engaged in corruption, theft and malfeasance, which damaged his reputation.

Defendant alleged truth in defense against the claims.... More...   $10000000 (09-04-2009 - FL)

Securitas Security Services USA, Inc. appeals judgments awarding money damages for severe emotional distress caused by its negligent training and supervision of its employee, Troy Schmidt. Securitas argues it was not negligent because it was not foreseeable that allowing its employees to access the internet would create an unreasonable risk of harm to others. Securitas also contends public polic... More...   $0 (09-01-2009 - WI)

We must decide whether California law allows a celebrity to sue a greeting card company for using her image and catchphrase in a birthday card without her permission.

I Paris Hilton is a controversial celebrity known for her lifestyle as a flamboyant heiress. As the saying goes, she is “famous for being famous.”

She is also famous for starring in “The Simple Life,” a socalled... More...   $0 (09-01-2009 - CA)

Appellant, David S. Davidson, initiated this litigation by filing suit against appellees, Seneca Crossing Section II Housing Association, Inc. (“the Association”), Azadeh Kaider (“Azadeh”), Brian Kaider (“Brian”), Lourdes Sandoval (“Lourdes”), and Santiago Sandoval (“Santiago”).1 The individual appellees are past and present members of the Association’s Board of Directors. Th... More...   $0 (08-31-2009 - MD)

Not all of the opinions of the California Supreme Court have stood the test of time.1 So it may be with respect to an issue raised in this case.

During the Porn Star Costume Ball at a Sacramento hotel in 2004, a Sacramento Fire Department Captain allegedly allowed firefighters to attend the event and even to drive a fire truck there and use it to “pick up” women.

The situatio... More...   $0 (08-31-2009 - CA)

Gary Iskowitz, Teri Iskowitz and Carolyn Malkus sued Georges Marciano on defamation theories claiming that defendant tried to ruin plaintiffs' reputation beginning in 2006 after Mr. Iskowitz investigated and found false Marciano’s claims that former employees stole from him. Plaintiff claimed that Defendant used threats, intimidation and accusations he knew were completely false in more than 30 ... More...   $55000000 (08-27-2009 - CA)

[¶1] Philip and Letitia Abromats request relief from summary judgment granted to Don and Brenda Wood, claiming that the district court erred when it found that one allegedly defamatory statement contained in a victim impact statement was not libel per se and that the other allegedly defamatory statement was protected by qualified immunity as a statement concerning a common interest. The Woods, in... More...   $0 (08-26-2009 - WY)

In 1986, professional model Russell Christoff was paid $250 to pose for a photograph to be used in Canada on a label for bricks of coffee. Sixteen years later, Christoff saw his face on a jar of Taster‟s Choice instant coffee in the United States and discovered that his image had been used without his consent on millions of labels sold internationally for the preceding five years. Christoff file... More...   $0 (08-17-2009 - CA)

In this defamation action, plaintiff David N. Missner appeals from an order in which the circuit court converted defendant Robert A. Clifford’s motion to dismiss under section 2- 619(a)(9) of the Code of Civil Procedure (Code) (735 ILCS 5/2-619(a)(9) (West 2006)) into a motion for summary judgment under section 2-1005 of the Code (735 ILCS 5/2-1005 (West 2006)), and subsequently granted summary ... More...   $0 (08-12-2009 - IL)

This is an appeal from a grant of summary judgment in a diversity action. Plaintiff-appellant Suzanna Sensing, who suffers from multiple sclerosis, brought suit against her former employer, defendant-appellee Outback Steakhouse ("Outback"), and her manager, defendant-appellee Charles Kozmits, (collectively, "the appellees"), alleging handicap discrimination in violation of the Massachusetts anti-... More...   $0 (08-11-2009 - MA)

Danny Tarkanian sued Mike Schneider on a defamation theory claiming that allegations made by Schneider in 2004 that Tarkanian was a shady telemarketer who ripped of senior citizens and socialiezed with illegal bookmakers was false. Tarkanian was running for position on the county commission.... More...   $150000 (08-06-2009 - NV)

At first we did not know what to make of this case. There was a $10 million judgment obtained by a nationwide groundwater pumping and control company, against its liability insurer. The compensatory damages -- all of which consisted of the attorney fees and costs incurred to sue the insurer for the $10 million -- were about $1 million.1 What foul deeds had the insurer committed, we wondered, that ... More...   $0 (08-04-2009 - CA)

¶1 Appellant Gary Ferguson appeals the orders of the trial court that dismissed his claims against his former law firm, Williams & Hunt, and former colleagues Elliot Williams, George Hunt, and Kurt Frankenburg (collectively, Defendants). Specifically, Mr. Ferguson asks that we reverse the directed verdict in favor of Defendants on claims of defamation and intentional interference with prospective... More...   $0 (07-31-2009 - UT)

In this appeal and cross-appeal, we address whether qualified immunity can extend to shield private actors from civil liability in a 42 U.S.C. § 1983 action and, if not, whether alleged evidentiary errors and attorney misconduct that occurred during trial on the § 1983 claim warrant a new trial. In addition to the qualified immunity and alleged trial error issues, we decide whether punitive da... More...   $0 (07-30-2009 - NV)

We consider in this appeal the scope and enforceability of exculpatory provisions in a form contract of a fitness club. In that non-negotiable agreement, the club disclaimed liability for "all injuries which may occur" as a result of, among other things, its member's "use of all amenities and equipment," his or her "participation in any activity," "the sudden and unforeseen malfunctioning ... More...   $0 (07-29-2009 - NJ)

The plaintiff, Carol A. Warfield, the former chief of anesthesiology at Beth Israel Deaconess Medical Center, Inc. (BIDMC), filed this action in the Superior Court against her employers, alleging gender-based discrimination and retaliation in violation of G.L. c. 151B, and factually related common-law claims. The BIDMC and the other defendants moved to dismiss Warfield's complaint and compel arbit... More...   $0 (07-27-2009 - MA)

The single issue presented in the instant case is whether the civil courts of this Commonwealth have subject-matter jurisdiction over a tort suit alleging defamation and negligent infliction of emotional distress arising out of a parochial school’s expulsion of a student for allegedly bringing a weapon to school, and the school’s communication of the expulsion to the school community. Citing t... More...   $0 (07-20-2009 - PA)

In 1998, despite the fact that police had obtained DNA evidence excluding him as the perpetrator, Edmund Burke was arrested for murder and forced to spend a total of forty-two days in jail. Burke subsequently filed a civil rights lawsuit under 42 U.S.C. § 1983 against a panoply of those involved in the investigation of the crime, and after years of litigation, a federal jury found Massachusetts S... More...   $0 (07-17-2009 - )

This is an appeal from a summary judgment in favor of the trustee of a testamentary trust in a breach of fiduciary duty case. Appellant Constance Laura Bordages Freuden raises four issues for our consideration. We affirm.

Background

The will of the testatrix, Maria Bordages, was admitted to probate on August 16, 1994. Maria acknowledged in her will that she had thirteen children, an... More...   $0 (07-16-2009 - TX)

This is a summary judgment appeal. Seventh- and eighth-grade students in a middle-school journalism class made verbal and written statements to their journalism teacher, to other school officials, and to on-campus police following a classroom incident involving a fellow classmate, C.H. In the statements, the students accused C.H. of making threats to them.[2] As a result of the statements, Appe... More...   $0 (07-16-2009 - TX)

This insurance indemnity action is drawn by the packaging of boxes of crayons and colored by the expense of settling a lawsuit directed at the packaging.

Plaintiff Federal Insurance Co. (Federal) filed a declaratory judgment action against defendant Binney & Smith, Inc. (Binney), seeking a declaration that it did not owe a duty to defend or indemnify defendant in connection with a class act... More...   $0 (07-15-2009 - IL)