This is an interlocutory appeal from the trial court's order denying appellant David Pearl's special appearance and motion to dismiss an internet defamation claim filed by appellee Dale Abshire. We reverse the trial court=s order and dismiss the case.

I. Background Facts

Dale Abshire brought suit against David Pearl alleging that Pearl made... More...   $0 (07-09-2009 - TX)

The question posed by this appeal is: Can an internet Web server such as MySpace Incorporated, be held liable when a minor is sexually assaulted by an adult she met on its Web site? The answer hinges on our interpretation of section 230 of the Communications Decency Act.1 We hold section 230 immunizes MySpace from liability.

FACTS AND PROCEDURAL POSTURE

This appeal consolidates four ... More...   $0 (06-30-2009 - CA)

We granted the defendants' application for further appellate review to consider whether a Superior Court judge erred in denying the defendants' special motion to dismiss, pursuant to G.L. c. 231, § 59H (anti-SLAPP statute). [FN2] Because we conclude that the defendants are entitled to interlocutory appellate review, and that the motion judge erred in denying their special motion to dismiss, we re... More...   $0 (06-25-2009 - MA)

State Farm General Insurance Company (State Farm) and Mimin Mintarsih both appeal a judgment in a declaratory relief action. Mintarsih sued State Farm‟s insureds, Dennis Lam and Dina Lam, in the underlying action for false imprisonment and other counts arising from her employment as a domestic servant. She obtained a judgment against the Lams for compensatory and punitive damages, statutory pena... More...   $0 (06-25-2009 - CA)

This lawsuit arises from the efforts of defendant National Credit Acceptance, Inc. to collect a consumer debt from plaintiff Anastasiya Komarova that she did not owe. We review alleged debt collection abuse in the context of a mistaken identity case. Defendant appeals (A121316) from the judgment for plaintiff on jury verdicts finding defendant liable for violations of the Robbins-Rosenthal Fair De... More...   $0 (06-25-2009 - ca)

The Inter-American Investment Corporation (“IIC”) appeals the denial of its motion to dismiss an independent consultant’s unjust enrichment claim on grounds of immunity and untimeliness. Applying the well-settled test in this circuit, we affirm the denial of immunity. By waiving immunity from unjust enrichment claims of independent consultants whom the IIC solicits to help negotiate the comm... More...   $0 (06-19-2009 - DC)

Vivian Steve, age 11, sued Rosauers Supermarkets on defamation and other theories claiming that she was wrongfully accused of being a prostitute by a grocery store security guard employed by Defendant in 2006. Vivian's parents claimed that she was treated wrongfully because she is a gypsy. The sought $1 million in compensatory damages from the store.

Defendant claimed that Vivian was co... More...   $0 (06-12-2009 - WA)

Frank W. Kenniasty ["Kenniasty"] and Judith Deitz and William Moore d/b/a Techniarts Engineering ["Deitz and Moore"] timely appeal the trial court's entry of final judgment awarding Bionetics Corporation ["Bionetics"] $39,025.78 in attorney's fees and costs against each pursuant to Section 57.105, Florida Statutes.1 We reverse.

This case arose as a result of Deitz and Moore having prevailed... More...   $0 (06-10-2009 - FL)

Dr. Jon Dodson and Forest Park Medical Clinic PA sued Allstate Insurance Co. on defamation, civil conspiracy and other theories claiming that he and his medical practice were harmed by the wrongful conduct of Allstate.

The defenses asserted by Defendant are not available.... More...   $21000000 (06-06-2009 - AR)

The Iota Xi Chapter of Sigma Chi Fraternity (the "Chapter") and two of its officers, Ryan Duckwitz and Justin Pietro, sued George Mason University (the "University") and several of its administrators1 in the Eastern District of Virginia, alleging, inter alia, constitutional claims under 42 U.S.C. § 1983. The Chapter and certain of its members were sanctioned by the University following their invo... More...   $0 (05-26-2009 - )

Joanne Yoon sued Jeff Schwilk on a defamation theory for the harmed caused to her as a direct result of Defendant's role in posting obscene references to her online and in e-mails in 2006. She claimed that Defendant was a member of the San Diego Minutemen and was associated with anti-immigration activist, Ray Carney. Plaintiff worked as a camerawoman with organizations that monitored rallies at d... More...   $135000 (05-23-2009 - 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 (05-20-2009 - IL)

This case arises out of an insurance dispute. Idaho Counties Risk Management Program Underwriters (ICRMP) appeals the district court‘s grant of summary judgment in favor of ICRMP‘s insurer, Northland Insurance Companies (Northland), holding that Northland had no duty to reimburse ICRMP for costs it incurred on behalf of its insureds in the defense and settlement of a lawsuit filed by Donald M.... More...   $0 (05-14-2009 - ID)

We must decide whether the Communications Decency Act of 1996 protects an internet service provider from suit where it undertook to remove from its website material harmful to the plaintiff but failed to do so.

I

This case stems from a dangerous, cruel, and highly indecent use of the internet for the apparent purpose of revenge.1 In late 2004, Cecilia Barnes broke off a lengthy relat... More...   $0 (05-07-2009 - OR)

Phillip J. Behnen appeals the judgment of the Circuit Court of the City of St. Louis, the Honorable Donald L. McCullin presiding, which vacated in part the award of an arbitration panel which had been decided in Behnen's favor. Because we agree that the arbitration panel did not exceed its powers and arbitration awards deserve a very high degree of deference, we reverse.

Factual and Procedu... More...   $0 (05-05-2009 - MO)

Nitro Distributing, Inc., West Palm Convention Services, Inc., Netco, Inc., Schmitz & Associates, Inc., and U-Can-II, Inc., (collectively, appellants), appeal from the district court’s1 grant of summary judgment to Alticor, Inc., Amway Corporation, and Quixtar, Inc., (collectively, Amway); dismissal of appellants’ Racketeer Influenced and Corrupt Organizations Act (RICO) claims; and various ad... More...   $0 (05-04-2009 - MO)

In this insurance coverage dispute, appellant-insurer Centennial Insurance Company ("Centennial") seeks review of the district court's grant of summary judgment to appellee-insured veterinarian Dr. Robert Patterson. The district court declared that Centennial was obligated under an insurance policy to legally defend Patterson in a lawsuit instituted against him by Carol Murphy. After careful cons... More...   $0 (04-30-2009 - ME)

Plaintiffs appeal by delayed leave granted from the trial court’s order granting defendants’ motion for change of venue. We affirm. The facts submitted established that plaintiff Yono is a resident of Livingston County. He is also the sole member of plaintiff Livingston Building Company, L.L.C., a construction company based in Livingston County, and is a member and manager of plaintiff Suttons... More...   $0 (04-28-2009 - MI)

Plaintiffs-Appellants, John M. Gardner, Susan L. Gardner, and Mt. Hood Polaris, Inc. (collectively “Appellants”) brought this action against Defendants-Appellees, Tom Martino, Westwood One, Inc., (collectively “Appellees”) and Clear Channel Communications, Inc.,1 for defamation, false light invasion of privacy, intentional interference with economic relations, and intentional interference ... More...   $0 (04-24-2009 - OR)

Plaintiff/Counter-Defendant the City of Flint (for convenience, hereinafter “Flint”) appeals as of right the trial court’s judgment in favor of Defendants/Counter-Plaintiffs Chrisdom Properties, Ltd, and James Crawley (“Chrisdom” and “Crawley”1). We affirm.

This case arises out of a downtown housing development in the City of Flint. Trial testimony was lengthy and detailed, bu... More...   $0 (04-21-2009 - CA)

In the forty-five years since the Supreme Court’s decision in New York Times Co. v. Sullivan, 376 U.S. 254 (1964), courts and legislatures have endeavored to strike a balance between individuals’ interests in their reputation and the public interest in free and robust debate. The resulting interplay of defamation law and the First Amendment has substantially lessened the chilling effect of abu... More...   $0 (04-16-2009 - LA)

¶1 Jack McLeod appeals from the order of the First Judicial District Court, Lewis and Clark County, granting summary judgment in favor of defendants Sue Hoell and the State of Montana on McLeod’s libel, slander, and malicious prosecution claims. We affirm.

BACKGROUND

¶2 McLeod is a certified real estate appraiser. He owns McLeod Realty in Butte, Montana, and is frequently hir... More...   $0 (04-14-2009 - MT)

Rakesh Wahi, M.D., appeals the district court’s judgment dismissing his numerous state and federal claims brought against Charleston Area Medical Center, Inc. ("CAMC") regarding the suspension of his medical privileges. The district court concluded most of Wahi’s claims were barred because CAMC qualified for immunity from suit under the Health Care Quality Improvement Act ("HCQIA" or "the Act"... More...   $0 (04-10-2009 - WV)

Plaintiff and appellant K.J. (K.J.) appeals a judgment of dismissal following the sustaining without leave of a demurrer interposed by defendant and respondent Arcadia Unified School District (the District) to K.J.’s first amended complaint.

The government claims statutes (Gov. Code, § 900 et seq.)1 require that before suing a public entity, the plaintiff must present a claim to the publ... More...   $0 (04-09-2009 - CA)

A.W. Cunningham appeals the trial court's order granting MBNA America Bank, N.A.'s motion to dismiss his second amended counterclaim. Because the trial court erred in dismissing, with prejudice, two permissive claims, we reverse, in part, and remand for further proceedings.

This case has a lengthy history but can be summarized concisely. MBNA issued a credit card in Mr. Cunningham's name, b... More...   $0 (04-03-2009 - FL)