Defamation Law
 
L.G. v. M.B.

Defendant M.B. appeals from the trial court’s denial of her
motion to dismiss under the “anti-SLAPP” statute (Code Civ.
Proc., § 425.16).1 Plaintiff and respondent L.G. is the former
nanny for M.B. and M.B.’s ex-husband, S.B.2 Respondent filed
this action against Appellant for defamation, invasion of privacy,
and intentional infliction of emotional distress based upon
state... More...
   $0 (07-17-2018 - CA)

HAYAT SINDI v. SAMIA EL-MOSLIMANY and ANN EL-MOSLIMANY United States Court of Appeals For the First Circuit

This case implicates a plethora
of issues arising in the shadow of the First Amendment. Most
notably, it requires us to address the power of a court to impose
a prior restraint in the form of a permanent injunction forbidding
the publication of words — words that the court believes have been
used to defame the plaintiff in the past and are likely to be
repeated. The... More...
   $0 (07-15-2018 - MA)

Nadine Pellegrino and Harry Waldman v. T.S.A., Nuyriah Abdul-Malik, Laura Labbee, and Denice Kissinger United States Court of Appeals for the Third Circuit

In Vanderklok v. United States, 868 F.3d 189 (3d Cir.
2017), we declined to imply a Bivens cause of action against
airport screeners employed by the Transportation Security
Administration (TSA) in part because they “typically are not
law enforcement officers and do not act as such.” Id. at 208.
We now must decide a related question that we anticipated, but
did not resolve, ... More...
   $0 (07-13-2018 - PA)

Silvan Warnick v. Bradford Cooley; Robin Wilkins; Ethan Rampton; Mark Knighton; Jeffrey Hall District of Utah Federal Courthouse - Salt Lake City, Utah

Silvan Warnick brings this 42 U.S.C. § 1983 malicious prosecution case
and a number of state law tort claims against several Salt Lake County
prosecutors and investigators. He claims he was falsely accused of tampering
with evidence that led to the filing of criminal charges against him that were later
dismissed.
The district court granted the defendants’ motion to dismiss, and... More...
   $0 (07-10-2018 - UT)

Angela Engle Horne v. WTVR, LLC, d/b/a CBS6 Eastern District of Virginia Federal Courthouse - Richmond, Virginia

On February 13, 2015, WTVR, LLC (“WTVR”) aired a news story about a county school system hiring a felon in violation of a Virginia state law. The news story implied that the felon lied about a prior criminal conviction on a job application, thereby committing a Class 1 misdemeanor. However, Angela Engle Horne, the unidentified felon in question, had disclosed her prior felony on her job applicatio... More...   $0 (06-18-2018 - VA)

State of Vermont v. William Schenk Vermont Supreme Court

Defendant William Schenk was charged with two counts of
disorderly conduct, in violation of 13 V.S.A. § 1026(a)(1), in connection with the distribution of
Ku Klux Klan recruitment flyers in the City of Burlington. For each count, the State charged that
the penalty should be enhanced under 13 V.S.A. § 1455 because the crime was hate-motivated.
Defendant appeals the trial cour... More...
   $0 (06-11-2018 - VT)

Eileen Fuoco v. Joseph Polisena

Johnston, RI - Eileen Fuoco sued Johnston Rhode Island mayor Joseph Polisena on a defamation theory.

Plaintiff claimed that Defendant slandered her during a town meeting in 2013.... More...
   $34000 (06-08-2018 - RI)

Detria C. Reed v. City of Memphis, Tennessee Western District of Tennessee Federal Courthouse - Memphis, Tennessee

This case escalated out of a private dispute between two Memphis Police Department (“MPD”) officers, one of whom (Detria Reed) entered into a contract with the home-improvement business of the other (Jesse Sandlin). First, Reed terminated the contract. Then he sued Sandlin for breach of contract in state court. Then Sandlin counterclaimed for breach of contract. Then Reed’s wife called MPD about t... More...   $0 (05-30-2018 - TN)

Thomas M. Cannon v. Village of Bald Head Island United States Court of Appeals for the Fourth Circuit

In August 2014, the Village of Bald Head Island, N.C. (“Bald Head”), fired Plaintiffs Thomas Cannon, Jesse Conner, Donald Koons, and Nicholas Terrell (collectively, the “Officers”)—who worked for Bald Head’s Department of Public Safety (the “Department”)—for the content of messages the Officers sent in a private text-message chain. Approximately one year later, the Officers filed suit against Bald... More...   $0 (05-30-2018 - NC)

Tyanne Davenport v. Edward D. Jones & Company, L.P. Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana

Tyanne Davenport (“Davenport”) appeals the district court’s order granting summary judgment in favor of Edward Jones & Company, L.P. (“Edward Jones”), on Davenport’s two claims of quid pro quo sexual harassment under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), and her state law false light invasion of privacy claim. The district court dismissed Davenport’s c... More...   $0 (05-25-2018 - LA)

Charles E. Yeager v. Peter Holt

Defendants Peter Holt, Holt Law Firm, and Bethany Holt (collectively Holt,
except as noted) appeal from an order denying their special motion to strike (also known
as an anti-SLAPP--Strategic Lawsuit Against Public Participation--motion).1
Peter Holt
and his law firm briefly represented Charles E. and Victoria Yeager (collectively Yeager,
except as noted) and successfully sued... More...
   $0 (05-17-2018 - CA)

State of Vermont v. William Schenk

Defendant William Schenk was charged with two counts of
disorderly conduct, in violation of 13 V.S.A. § 1026(a)(1), in connection with the distribution of
Ku Klux Klan recruitment flyers in the City of Burlington. For each count, the State charged that
the penalty should be enhanced under 13 V.S.A. § 1455 because the crime was hate-motivated.
Defendant appeals the trial cou... More...
   $0 (05-05-2018 - VT)

Joel D. Kettler v. Leslie Gould

Cross-defendants Leslie Gould and his wife Susan Gould
contend the trial court erred when it denied in part their antiSLAPP
(strategic lawsuit against public participation) motion.
The motion sought to strike certain allegations in a crosscomplaint
filed by Joel D. Kettler, alleging defamation and other
causes of action. The court denied the motion to the extent crosscomplainan... More...
   $0 (04-21-2018 - CA)

State of North Dakota v. Amira Olivia Gunn

In November 2015, Gunn and Calvin Till communicated in private conversations on MeetMe.com, a social networking website. Gunn and Till exchanged more than 700 messages between November 11 and 13, 2015. In a portion of the conversations, Gunn gave explicit and lewd instructions to Till on how to groom and sexually assault his young daughter and how to abduct and sexually assault Till's two neighbor... More...   $0 (04-12-2018 - ND)

Olivia DeHavilland v. FX Networks, LLC

Authors write books. Filmmakers make films. Playwrights
craft plays. And television writers, directors, and producers
create television shows and put them on the air -- or, in these
modern times, online. The First Amendment protects these
expressive works and the free speech rights of their creators.
Some of these works are fiction. Some are factual. And some are
a combinat... More...
   $0 (03-26-2018 - CA)

Stephanie Clifford v. Donald J. Trump, et al. Central District of California Federal Courthouse - Los Angeles, California

Los Angeles, CA - Stephanie Clifford, a/k/a "Stormy Daniels" sued Donald J. Trump, a/k/a David Dennison, Michael Cohen and Essential Consultants, LLC on a breach of contact and defamation theories.

FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery) JURY DEMAND, filed by Plaintiff Stephanie Clifford(Avenatti, Michael) (Entered: 03/26/2018)

P... More...
   $0 (03-26-2018 - CA)

Christine Dean v. Friends of Pine Meadow

Appellants Christine Dean (Dean), DeNova Homes, Inc. (DeNova), and Civic
Martinez, LLC (collectively, plaintiffs) filed the underlying action for interference with
prospective economic advantage and defamation against respondents Friends of Pine
Meadow and several individuals (collectively, defendants),1
seeking damages and
injunctive relief for allegedly false statements and p... More...
   $0 (03-09-2018 - CA)

Digital Ally, Inc. v. Utility Associates, Inc. District of Kansas Courthouse - Kansas City, Kansas

Plaintiff-Appellant Digital Ally, Inc. appeals from the district court’s grant of
summary judgment in favor of Defendant-Appellee Utility Associates, Inc. Digital
Ally, Inc. v. Utility Assocs., Inc., No. 2:14-cv-02262-CM, 2017 WL 1197561 (D.
Kan. Mar. 30, 2017). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.1
Background
This case concerns two companies who sell in-c... More...
   $0 (02-16-2018 - KS)

Janelle Perez v. City of Roseville, et al. Eastern District of California Federal Courthouse - Sacramento, California

We are confronted in this case with the ongoing and difficult constitutional question of how much control the government can force individuals to cede over their private lives in exchange for the privilege of serving the public by means of government employment. To be sure, private citizens often must sacrifice some individual freedom as a condition of their employment by the State, but “a citizen... More...   $0 (02-09-2018 - CA)

Charles J. Trois v. Apple Tree Auction Center, Inc.; Samuel Schnaidt Western District of Texas Federal Courthouse - San Antonio, Texas

This appeal presents issues of personal jurisdiction and venue. A Texas citizen sued Ohio citizens in a Texas court based on two distinct claims: first, breach of a contract executed and performed in Ohio; and second, fraudulent misrepresentation made during a conference call from Ohio to Texas. The question thus before us is whether the Texas court may properly assert personal jurisdiction over t... More...   $0 (02-05-2018 - TX)

Captain Manjit Sangha v. Navig8 Shipmanagement Private Limited Southern District of Texas Courthouse - Houston, Texas

Plaintiff-Appellant Captain Manjit Sangha (“Cpt. Sangha”) challenges both the district court’s grant of Defendant-Appellee Navig8 Ship Management Private Limited’s (“Navig8”) motion to dismiss for lack of personal jurisdiction and for forum non conveniens, and the denial of his motion to remand. We conclude that the district court did not err in dismissing Cpt. Sangha’s claims and therefore AFFIRM... More...   $0 (02-05-2018 - TX)

Dennis Obduskey v. Wells Fargo District of Colorado Federal Courthouse - Denver, Colorado

Plaintiff-Appellant Dennis Obduskey appeals from the district court’s order
granting Defendants-Appellees Wells Fargo and McCarthy and Holthus, LLP’s
motions to dismiss numerous claims, including whether either party was liable as a
“debt collector” under the Fair Debt Collection Practices Act, 15 U.S.C. §§
1692–1692p. Obduskey v. Fargo, No. 15-CV-01734-RBJ, 2016 WL 4091174 (D.
... More...
   $0 (01-20-2018 - CO)

James L. Turner v. Theodore V. Wells, Jr. and Paul, Weiss, Rifkind, Wharton & Garrison, L.L.P. Southern District of Florida Courthouse - Miami, Florida

This appeal involves a law firm’s investigation of the Miami Dolphins professional football organization. The National Football League (“NFL”) hired the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP and one of its partners, Theodore Wells, to investigate allegations of bullying within the Dolphins organization. After receiving Paul, Weiss’s report, the Dolphins fired their offensive lin... More...   $0 (01-18-2018 - FL)

Dering Pierson Group, L.L.P. v. Daniel Thomas Kantos District of Minnesota Federal Courthouse - Minneapolis, Minnesota

In the bankruptcy case of Daniel Thomas Kantos (“Debtor”), Dering Pierson Group, LLC (“DPG”) filed suit seeking a determination that its claim against Debtor is nondischargeable. The Bankruptcy Court1 held that DPG had not sustained its burden of proving that Debtor had willfully or maliciously caused an injury to DPG under § 523(a)(6). It also concluded that collateral estoppel did not apply beca... More...   $0 (01-18-2018 - MN)

Commodores Entertainment Corporation v. Thomas McClary and Fifth Avenue Entertainment, LLC Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

In this common-law trademark case, Thomas McClary appeals from an order granting judgment as a matter of law to Commodores Entertainment Corporation (CEC) and converting a preliminary injunction into a permanent one against McClary and his corporation, Fifth Avenue Entertainment, LLC. The dispute concerned ownership of the mark “The Commodores,” the name of a famous Grammy Award–winning rhythm and... More...   $0 (01-09-2018 - FL)

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