Appellant, Charles Thielemann, challenges the county court at law’s order dismissing, for want of jurisdiction, his defamation claim[1] against appellee, Alan Kethan, and awarding Kethan sanctions.[2] In three issues, Thielemann contends that the county court at law erred in granting Kethan’s motion to dismiss and assessing sanctions, denying Thielemann’s motion requesting that the county c... More...   $0 (01-19-2012 - TX)

Plaintiff appeals from the trial court's judgment dismissing her petition, which sought damages against defendant hospital, for plaintiff's failure to file a health care affidavit as required by section 538.225 RSMo (Cum. Supp. 2008).1 Plaintiff asserts that she was not required to file an affidavit because her petition did not allege that defendant improperly rendered or failed to render health c... More...   $0 (01-17-2012 - MO)

Steven F. Hotze, M.D., appeals from the denial of his summary judgment motions in this defamation case brought against him by Keith E. Miller, M.D. In three issues, Hotze asserts there is no evidence of actual malice or that any objectively verifiable statement published by Hotze about Miller was false, there is no fact question on malice, and the civil conspiracy claim fails as a matter of law. B... More...   $0 (01-12-2012 - TX)

Quality Infusion Care, Inc. seeks reversal of the trial court’s summary judgment in favor of appellees Health Care Service Corporation d/b/a Blue Cross and Blue Shield of Texas, Howard King, and Hill & Finkel, L.L.P. in Quality’s suit against them for tortious interference with contract, negligence per se, and business disparagement. In two issues, Quality contends that (1) there is no eviden... More...   $0 (12-29-2011 - TX)

Appellant Kenneth Becker appeals the trial court's order sustaining appellee Carla Hahn Clardy's plea to the jurisdiction. In his petition, Becker sought damages based upon common law claims of libel and slander against Clardy. Clardy responded in her plea that the trial court did not have subject matter jurisdiction over Becker's claims because they fell within the ecclesiastical abstention doctr... More...   $0 (12-22-2011 - TX)

Meri Fayroyan-Mezhlumyan (Appellant) appeals from an order granting Wells Fargo Bank, N.A.‟s motion to strike portions of her second amended complaint, sustaining without leave to amend Wells Fargo‟s demurrer to the remainder of the second amended complaint on statute of limitations grounds, and dismissing Wells Fargo from the action. As explained below, we affirm in part and reverse in part.<... More...   $0 (12-21-2011 - CA)

In this appeal, appellant, Phong Van Meter, challenges the trial court’s final judgment in favor of appellee, Bennie Dale Morris, regarding Morris’s claim for defamation. By one issue, Van Meter argues that the evidence supporting the trial court’s judgment is “not sufficient as a matter of law.” We affirm.

I. FACTUAL BACKGROUND

The dispute in this matter pertains to commen... More...   $0 (12-15-2011 - TX)

Dell Cullum appeals the judgment awarding Dalene White actual and punitive damages on her libel claim and the permanent injunction entered as a pretrial sanction.

BACKGROUND

White is the owner of Diamond A Ranch in Leakey, Texas, which among other enterprises, operates an exotic game ranch. White and her family are well known in the community as long-time residents and ranchers. Whit... More...   $0 (12-14-2011 - TX)

In this appeal, appellant, Merari Gonzalez, challenges a summary judgment granted in favor of appellee, Methodist Charlton Medical Center (“Methodist”). In four issues, Gonzalez contends that: (1) genuine issues of material fact exist as to her breach- of-contract and wrongful-termination claims; (2) the trial court improperly disposed of her non-employment breach-of-contract claim; (3) Method... More...   $0 (12-07-2011 - TX)

We are asked to review a jury verdict in favor of the Petitioner, Julia M. Taylor, an African American female, in a suit in which she alleged both sexual discrimination and retaliatory termination against Giant of Maryland LLC, Respondent.1 The focal point of our review of the discrimination verdict is the application of “comparator evidence”2 in the context of Ms. Taylor’s claim of disparat... More...   $0 (12-06-2011 - MD)

This case raises issues of First Amendment law. At the center of the dispute is The Price of Sugar, a documentary film released in 2007 by film company Uncommon Productions, LLC, and its principal William M. Haney, III. The film depicts the treatment of Haitian laborers on sugarcane plantations in the Dominican Republic. It refers by name to brothers Felipe and Juan Vicini Lluberes, senior executi... More...   $0 (12-02-2011 - MA)

Hershel Oscar Rosenbaum (“Rosenbaum”) and his children appeal the district court’s order granting the defendants’ motion for summary judgment on the grounds of qualified immunity.

Rosenbaum was arrested as he stood outside a fair selling promotional tickets that he had received for free from a radio station. He was wearing a t-shirt with the logo of the station; his children, ages e... More...   $0 (11-30-2011 - NV)

17 This appeal requires us to decide whether a trademark registrant’s delivery of a covenant
18 not to sue, and voluntary dismissal of its trademark claims, divests a federal court of subject
19 matter jurisdiction over a defendant’s counterclaims for a declaratory judgment and cancellation
20 of the trademark’s registration. After considering the breadth of the plaintiff’s cov... More...   $0 (11-11-2011 - NY)

09-4958-cv
Doe v. Bin Laden
1 UNITED STATES COURT OF APPEALS
2
3 FOR THE SECOND CIRCUIT
4
5
6
7 August Term, 2010
8
9 (Argued: October 15, 2010 Decided: November 7, 2011)
10
11 Docket No. 09-4958-cv
12
13
14
15 JOHN DOE, in his capacity as the executor of the estate of JANE DOE, in his personal capacity,
16 and as the personal rep... More...   $0 (11-07-2011 - NY)

¶1 Frederick C. Berry, Jr. and Carolyne W. Berry, as Trustees of a family trust (hereinafter “Berry”), filed suit against 352 E. Virginia, L.L.C. (hereinafter “352”) for breach of an agreement1

¶2 For reasons that follow, we affirm in part, vacate in part, and remand for further proceedings. for Berry to sell an office building to 352. Both sides submitted offers of judgment prior... More...   $0 (10-06-2011 - AZ)

This matter involves a defamation action filed by appellant Yuin University (Yuin) against respondent Korean Broadcasting System (KBS) for a news broadcast which characterized Yuin as a “degree factory.” Judgment was entered for KBS on Yuin‟s libel claim. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

I. The Broadcast

On September 2, 2007, KBS broadcast a segm... More...   $0 (10-05-2011 - CA)

¶1 Meril Curtis (Curtis) appeals from an order of the Fourth Judicial District Court, Missoula County, finding in favor of Citibank, South Dakota, N.A. (Citibank) on Citibank’s Motion for Judgment on the Pleadings. We reverse and remand.

¶2 Curtis argues several issues, which we reframe as follows: Did the District Court err in determining that Curtis’ state law claims were preempted ... More...   $0 (10-04-2011 - MT)

Plaintiff Mark Christopher “Chris” Sevier authored a song entitled “Better.” Defendant Shanna Crooks recorded the song and, because they were pleased with the results, they co-authored and recorded a second song, “Watching Me Leave.” Their relationship then collapsed, Crooks signed as a recording artist with unrelated recording and management companies, and various accusations and... More...   $0 (09-23-2011 - Te)

Ursula Marisol Funes and Mauricio Funes appeal the trial court’s judgment in favor of Ernesto Antonio Villatoro on numerous grounds. Villatoro also appeals, contending that the trial court erred by failing to award him “attorney’s fees for a successful appeal.” We affirm in part, reverse and render in part, and reverse and remand in part.

Overview

Villatoro and his brother-... More...   $0 (09-22-2011 - TX)

Documents produced in discovery and filed in the bankruptcy court contained allegations that Fathers M and D, two priests who were not parties to the Portland Archdiocese’s bankruptcy case, had sexually abused children. The bankruptcy court held that the discovery documents at issue could be disclosed to the public, because the public’s interest in disclosure of these discovery documents outwe... More...   $0 (09-21-2011 - OR)

Donald Trump, the plaintiff in a suit for defamation, appeals from a Law Division order granting summary judgment to defendants, Timothy O'Brien, the author of TrumpNation, The Art of Being The Donald, and his publishers, Time Warner Book Group, Inc. and Warner Books, Inc.1 On appeal, Trump contends that he produced clear and convincing evidence of actual malice on the part of O'Brien and that iss... More...   $0 (09-13-2011 - NJ)

In this appeal from a jury verdict in favor of Rebecca West for actual and punitive damages on a defamation claim, we address the "fair report privilege" and whether West introduced sufficient evidence of Appellants' fault. We find the trial court properly handled the fair report privilege and properly submitted to the jury the question of whether West presented sufficient evidence of fault as to... More...   $0 (09-07-2011 - SC)

In 1975, the Governor convened the California Legislature in an extraordinary session to consider measures aimed at remedying what he described as “serious problems that had arisen throughout the state as a result of a rapid increase in medical malpractice insurance premiums.” (American Bank & Trust Co. v. Community Hospital (1984) 36 Cal.3d 359, 363 (American Bank).) As a result, the Legislat... More...   $0 (09-01-2011 - CA)

Appellants[1] filed this lawsuit against Appellee Bell Helicopter Textron, Inc.[2] on January 25, 2002, alleging, among other things, strict products liability and negligence, relating to the crash of a Bell 407 helicopter. The case proceeded to a jury trial in August 2007, and the jury returned its verdict on September 17, 2007. The jury found that there was a design defect in the helicopter; t... More...   $0 (09-01-2011 - )

Hershel Oscar Rosenbaum (“Rosenbaum”) and his children appeal the district court’s order granting the defendants’ motion for summary judgment on the grounds of qualified immunity.

Rosenbaum was arrested as he stood outside a fair selling promotional tickets that he had received for free from a radio station. He was wearing a t-shirt with the logo of the station; his children, ages e... More...   $0 (08-22-2011 - NV)