¶1 Plaintiff Joseph A. Graziano (“Grazianoâ€�) appeals from an order of the Twenty-First Judicial District Court, Ravalli County, granting Defendants’ Stock Farm Homeowners Association, Inc. (“Associationâ€�) and Stock Farm, LLC (“SFLLCâ€�) motion to stay proceedings and compel arbitration. We affirm in part, reverse in part, and remand for further proceedings consistent with this Opinion... More...   $0 (08-12-2011 - MT)

Pursuant to the Federal Tort Claims Act (the FTCA), Joan Najbar filed this lawsuit against the United States alleging four state-law causes of action. The district court granted the government’s motion to dismiss for lack of subject-matter jurisdiction, and Najbar appeals. We affirm, although on a ground different from that relied on by the district court.

I.

The government argues ... More...   $0 (08-12-2011 - MN)

In this interlocutory appeal, Jerry Wilkerson appeals the trial court’s order denying his special appearance. Appellee RSL Funding, L.L.C. sued Wilkerson for defamation, libel, and business disparagement, all based upon statements made by Wilkerson on third-party internet sites. In his sole issue, Wilkerson contends the trial court erred in denying his special appearance and objection to juris... More...   $0 (08-11-2011 - TX)

Freddie McKnight (“McKnightâ€�) filed a complaint in Elkhart Superior Court against Curtis Hill Jr. (“Hillâ€�), the County Prosecutor, and William Wargo, Sr. (“Wargoâ€�), an investigator for the Prosecutor‟s Office, for statements they made to the press concerning McKnight‟s identification of individuals involved in the Elkhart County drug trade. Specifically, McKnight claimed that Hill ... More...   $0 (08-10-2011 - IN)

This appeal requires us to consider the contours of the ministerial exception, under the first amendment to the United States constitution,1 to Connecticut courts’ subject matter jurisdiction over certain employment related claims brought against religious institutions. The plaintiff, Patricia Dayner, brought this action against the defendants, the Archdiocese of Hartford (archdiocese) and Fathe... More...   $0 (08-02-2011 - CT)

Can you win damages in a defamation suit for being called a member of the Aryan Brotherhood prison gang on cable television when, as it happens, you have merely conspired with the Brotherhood in a criminal enterprise? The answer is no. While the statement may cause you a world of trouble, while it may not be precisely true, it is substantially true. And that is enough to call an end to this litiga... More...   $0 (07-19-2011 - CO)

Los Angeles, CA - Kenneth Eade sued Investorhub.com, Inc. on libel, slander and assault theories.... More...   $0 (07-12-2011 - FL)

Randy Hoffer challenges the district court’s dismissal of three of his five tort claims against the City of Boise (the City). The district court dismissed Hoffer’s claims of tortious interference with contract and defamation against the City because it held as a matter of law that under the Idaho Tort Claims Act (ITCA) and this Court’s holding in Sprague v. City of Burley, 109 Idaho 656, 710... More...   $0 (07-11-2011 - ID)

Pedro Ivan Rivera appeals the district court’s order dismissing his case. For the reasons that follow, we AFFIRM.

Although Dr. Rivera also argues on appeal that the District Court for the District of 1 Columbia erred in transferring his case, he did not properly appeal the order of transfer, and Case: 11-50030 Document: 00511529671 Page: 1 Date Filed: 07/05/2011

I.

Dr. River... More...   $0 (07-05-2011 - TX)

After a bench trial, defendants Omega Psi Phi Fraternity, Inc., and Tenth District were found liable for defamation per se of plaintiff, Gerald McCarthy. Although defendants raised a number of issues on appeal, the dispositive issue is whether plaintiff’s amended complaints adding defendants were barred by the statute of limitations. The resolution of this issue depends on whether plaintiff made... More...   $0 (06-30-2011 - IL)

Stephen Dennis sued Teresa Watson and RomeNewsbyWatson.com, Inc. on a libel theory claiming that Defendants posted a slanderous anonymous comment on RomeNewsbyWatson.com that claimed that he had engaged in immoral activities.

The defenses asserted by Defendants are not available.... More...   $225000 (06-29-2011 - GA)

Sohrab Devitre appeals the judgment of the St. Louis County circuit court dismissing his lawsuit with prejudice for failure to file a health care affidavit pursuant to section 538.225.1 Mr. Devitre argues that the trial court abused its discretion in dismissing the lawsuit because he was not a patient of Mitchell B. Rotman, M.D., or of The Orthopedic Center of St. Louis, LLC, and the independent m... More...   $0 (06-28-2011 - MO)

Plaintiff Yan Sui appeals from the judgment dismissing with prejudice his action against defendants Stephen D. Price and 2176 Pacific Homeowners Association after the court sustained without leave to amend defendants‟ demurrer to plaintiff‟s complaint. The court ruled the complaint did not state facts sufficient to constitute a cause of action and could not be fixed. We affirm.

FACTSMore...   $0 (06-20-2011 - CA)

Appellant, Joseph E. Hancock, appeals from a judgment entered in a defamation action in favor of Appellee, Easwaran P. Variyam, following a jury trial. In support, Hancock presents three issues: (1) whether the trial court erred in finding as a matter of law that Hancock's written statements were libel per se; (2) whether Variyam's evidence of damages is legally and factually insufficient; and (... More...   $0 (06-16-2011 - TX)

Appellant Steven Charles Russo appeals the trial court’s order granting Dr. Kelly Goodness’s motion for summary judgment. We will reverse the trial court’s judgment.

Background Facts

The underlying cause of action concerns allegedly libelous statements that Goodness made regarding Russo’s state of mental health. The statements were in an affidavit executed by Russ... More...   $0 (05-26-2011 - TX)

This is a declaratory judgment action to determine coverage under a commercial policy insuring against liability for injury caused by advertising. The plaintiff Cynosure, Inc., is the defendant in an underlying civil action charging it with responsibility for sending commercial fax messages “without consent from the recipientsâ€� in violation of the Telephone Consumer Protection Act, 47 U.S.C. Â... More...   $0 (05-12-2011 - MA)

This is a declaratory judgment action to determine coverage under a commercial policy insuring against liability for injury caused by advertising. The plaintiff Cynosure, Inc., is the defendant in an underlying civil action charging it with responsibility for sending commercial fax messages “without consent from the recipientsâ€� in violation of the Telephone Consumer Protection Act, 47 U.S.C. Â... More...   $0 (05-12-2011 - MA)

Wade Brady sued the Fort Bend Star newspaper on a libel theory claiming that journalist LeaAnn Klentzman wrote an article that falsely said that he tape-recorded meetings between Brady's father, Fort Bend County Chief Deputy Craig Brady, and deputies involved in a 2001 traffic stop that ended with the younger Brady being ticketed as a minor in possession of alcohol.

The libel lawsuit, file... More...   $1000000 (05-07-2011 - TX)

Plaintiff-Appellant Novell, Inc. (“Novell�) appeals from the district court’s grant of summary judgment in favor of Defendant-Appellee Vigilant Insurance Company (“Vigilant�). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

Background

On January 20, 2004, SCO Group (“SCOâ€�) sued Novell in state court in Utah, alleging a single cause of action—slander of tit... More...   $0 (04-29-2011 - UT)

Dr. Penny M. Wilkie filed suit against the United States Department of Health and Human Services ("the Department"), alleging, inter alia, that the Department violated her rights under Title VII of the Civil Rights Act of 1964. Specifically, Dr. Wilkie asserted that the Department violated her rights to (1) be free of sexual harassment and gender discrimination; (2) be free of a hostile work envir... More...   $0 (04-28-2011 - ND)

Plaintiff-Appellant David A. Bentkowski, the Mayor of Seven Hills, Ohio, sued Defendants-Appellees Scene Magazine, Cleveland Scene Publishing, LLC, Cleveland Scene, LLC, and Village Voice Media Holdings LLC for defamation arising from an article published in a weekly publication called Cleveland Scene. The district court granted Appellees’ motion for summary judgment and Bentkowski appeals. In a... More...   $0 (04-19-2011 - OH)

This is an appeal from the registration of a Canadian defamation judgment. We reverse. Because only questions of law are at issue, we review de novo. State ex rel. Nixon v. Griffin, 291 S.W.3d 817, 819 (Mo. App. W.D. 2009).

The appellant, Ms. Lord, is an American citizen, resident of St. Charles County, Missouri, who was born in the Philippines. The respondent, Leodegaria Sanchez, is Ms. Lo... More...   $0 (04-19-2011 - MO)

Plaintiff-Appellant David A. Bentkowski, the Mayor of Seven Hills, Ohio, sued Defendants-Appellees Scene Magazine, Cleveland Scene Publishing, LLC, Cleveland Scene, LLC, and Village Voice Media Holdings LLC for defamation arising from an article published in a weekly publication called Cleveland Scene. The district court granted Appellees’ motion for summary judgment and Bentkowski appeals. In a... More...   $0 (04-19-2011 - OH)

This appeal requires us to answer the following narrow but important question: what duties, if any, does an insurer owe to its insured before settling a medical malpractice claim when the malpractice policy at issue contains language that accords great discretion to the insurer with respect to the settlement of a claim?

The exact language at issue in this case is: “The [insurance] compa... More...   $0 (04-18-2011 - RI)

This appeal requires us to answer the following narrow but important question: what duties, if any, does an insurer owe to its insured before settling a medical malpractice claim when the malpractice policy at issue contains language that accords great discretion to the insurer with respect to the settlement of a claim?

The exact language at issue in this case is: “The [insurance] company... More...   $0 (04-18-2011 - RI)