Libel Law
 
Rodney Graves v. Amber Bowles, et al.

Plaintiff-appellant Rodney Graves was arrested under the mistaken belief that he robbed the U.S. Bank in Glasgow, Kentucky on August 10, 2007.

The Glasgow police conducted the investigation that resulted in the warrant for Graves’s arrest, and the Kentucky State Police Special Response Team carried out that arrest on August 15, outside of Glasgow’s jurisdiction. The next day, police l... More...
   $0 (04-18-2011 - KY)

J & M Lumber and Construction Company, Inc. v. J. Robert Smyjunas, Jr.

In these consolidated cases, the defendant, J. Robert Smyjunas, Jr., appeals the jury verdict against him in favor of the plaintiff, J & M Lumber and Construction Company, Inc. (J & M), and J & M appeals the decision of the Superior Court (Vaughan, J.) to award prejudgment interest from the date of J & M’s 2008 writ of summons. We affirm.

I. Background

The record reveals the follow... More...
   $0 (04-14-2011 - NH)

Dean J. Waterfield v. Meredith Corporation

The plaintiff, Dean J. Waterfield, appeals an order of the Superior Court (Barry, J.) granting summary judgment in favor of the defendants, Meredith Corporation, John Doe Anchorperson(s), and John Doe On-Site Reporter. We affirm in part, reverse in part, and remand.

The trial court found or the record supports the following facts. In March 2001, the plaintiff married Stephanie Waterfield.... More...
   $0 (04-14-2011 - NH)

Cathy A. Anderson v. American Federation of Government Employees, AFL-CIO

In this appeal, we decide whether a federal government employee’s state law tort claims against a labor union are completely preempted by the Civil Service Reform Act of 1978. See 5 U.S.C. §§ 2301–2305 (West 1994 & Supp. 2010), 5 U.S.C. §§ 7101–7154 (West 1996 & Supp. 2010) (West 2010). Finding no complete preemption under the circumstances presented in this case, we reverse and remand... More...   $0 (04-07-2011 - TX)

Kim Priebe v. Beverly Priebe A'Hearn

Priebe filed suit against her stepmother Beverly A’Hearn, alleging defamation and intentional infliction of emotional distress. The trial court granted A’Hearn’s motion for directed verdict on the defamation claim. After a trial on the merits, the jury found A’Hearn liable for intentional infliction of emotional distress and awarded Priebe mental anguish damages and nominal exemplary dam... More...   $0 (04-06-2011 - TX)

Northern Security Insurance Company v. Michael Connors

The petitioner, Northern Security Insurance Company (Northern Security), appeals an order of the Superior Court (McHugh, J.), denying its motion for summary judgment and granting the cross-motion for summary judgment of respondent Michael Connors. The trial court ruled that Northern Security has a duty to defend respondent Connors in a civil lawsuit pending in Rockingham County Superior Court, Rei... More...   $0 (03-31-2011 - NH)

Kenneth O. Kennedy v. City of Villa Hills, Kentucky

Kenneth O. Kennedy was embroiled in a zoning dispute about the expansion of a strip mall next to his home. In May 2005, he approached Joseph Schutzman, a police officer and building inspector, in the Villa Hills city building. Refusing to speak to Kennedy, Schutzman left the city building.

Kennedy told nearby city workers in the building that “that son of a bitch [Schutzman] broke all of ... More...
   $0 (03-24-2011 - KY)

Kenneth O. Kennedy v. City of Villa Hills, Kentucky

Kenneth O. Kennedy was embroiled in a zoning dispute about the expansion of a strip mall next to his home. In May 2005, he approached Joseph Schutzman, a police officer and building inspector, in the Villa Hills city building. Refusing to speak to Kennedy, Schutzman left the city building. Kennedy told nearby city workers in the building that “that son of a bitch [Schutzman] broke all of the zon... More...   $0 (03-24-2011 - KY)

TTHR, L.P. d/b/a Presbyterian Hospital of Denton v. Amanda Coffman

TTHR, L.P. d/b/a Presbyterian Hospital of Denton (Presbyterian) appeals the denial of its motion to dismiss filed pursuant to Texas Civil Practice and Remedies Code section 74.351(b). See Tex. Civ. Prac. & Rem. Code Ann. § 74.351 (Vernon 2011). Presbyterian asserts that the suit filed against it by Appellee Amanda Coffman was a health care liability claim, subject to the requirements of chapter... More...   $0 (03-24-2011 - TX)

John M. Shanahan v. State Farm General Insurance Company

Cheryl Skigin sued her employer John M. Shanahan and companies owned by him for sexual harassment, gender discrimination, marital status discrimination, religious discrimination, retaliation, sexual battery, breach of oral contract, fraud and deceit, breach of written contract, and wrongful termination. Shanahan settled the lawsuit for $700,000.

Shanahan had a renter‟s insurance policy an... More...
   $0 (03-17-2011 - CA)

Bill Grogan v. Kokh, LLC

¶1 Plaintiff Bill Grogan appeals the order of the district court granting the motion for summary judgment filed by KOKH, LLC, a foreign limited liability company, Andrew Spino, Jaime Cerreta, and Matt Austin (KOKH defendants). Oral Argument was conducted in this case on March 5, 2010. The appeal has been assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36 (b), 12 O.S. ... More...   $0 (03-16-2011 - OK)

Selim Zherka v. Philip Amicone

Under the law of this Circuit, the viability of a prima
16 facie First Amendment retaliation claim depends on context.
17 Private citizens alleging retaliation for their criticism of
18 public officials must show that they engaged in protected
19 speech, persons acting under color of state law took adverse
20 action against them in retaliation for that speech, and the
21 re... More...
   $0 (03-02-2011 - NY)

Kevin Webb v. Virginian-Pilot

Kevin Webb, age 19, sued the Virginian-Pilot on a libel theory claiming that it falsely reported that he bullied a classmate. He claimed that the information published about him was false and misleading.

The Virginia-Pilot had this to say about the case:

"The Virginian-Pilot libeled a Great Bridge High School student when it reported that he bullied a schoolmate, a Circuit Court ... More...
   $5000000 (02-11-2011 - VA)

Byron D. Neely, M.D., P.A. v. Nanci Wilson; CBS Stations Group of Texas, L.P.

Following an Austin television station's broadcast of an "investigative" news report that negatively portrayed his work as a neurosurgeon, Dr. Byron Neely and the professional association through which he practiced, Byron D. Neely, P.A. (collectively "Neely," except when the distinction is relevant), asserted causes of action for libel against the reporter who had written and presented the story, ... More...   $0 (02-11-2011 - )

Rufus Odem v. Deloitte & Touche, LLP; John Morgan and Kathie Schwerdtfeger

Appellant Rufus Odem brought claims for defamation, tortious interference with contract, conspiracy, negligence, and gross negligence against Deloitte & Touche, LLP, John Morgan, and Kathie Schwerdtfeger (collectively “Deloitte & Touche”). Odem’s claims arose out of a report prepared by Deloitte & Touche following a quality assessment review of the San Antonio Water System’s internal audi... More...   $0 (02-02-2011 - TX)

ZyZy Corporation v. Gloria Hernandez

In this interlocutory appeal, ZYZY Corporation, publisher of the Eagle Pass News-Guide, a newspaper of general circulation in Maverick County, complains of the trial court’s order denying its motion for summary judgment in a libel suit brought by Gloria Hernandez. See Tex. Civ. Prac. & Rem. Code Ann § 51.014(a)(6) (West 2008). We hold Hernandez’s suit is not barred by limitations and that Z... More...   $0 (01-26-2011 - TX)

Dr. Shirley Pigott v. Dr. Keith Miller

Dr. Shirley Pigott brings this interlocutory appeal from the trial court’s grant of Dr. Keith Miller’s application for a temporary injunction against her. Pigott raises six issues contending that the trial court erred in granting Miller’s application. We reverse and remand.



Background

In the underlying lawsuit, Dr. Keith Miller sued Dr. Shirley Pigott and Dr. S... More...
   $0 (01-19-2011 - TX)

Wallace C. Leyshon v. Diehl Controls North America, Inc.

The plaintiff, Wallace C. Leyshon, brought suit against the defendants, Diehl Controls North America, Inc. (DCNA) and Christoph Weigand,1 alleging their breach of an employment contract, violation of the Illinois Wage Payment and Collection Act (820 ILCS 115/1 et seq. (West 2006)), and defamation. Following trial, the jury returned a verdict for the plaintiff and awarded damages. On the defamation... More...   $0 (12-27-2010 - IL)

Kim Priebe v. Beverly Priebe A'Hearn

Appellant Kim Priebe filed suit against her stepmother Beverly A’Hearn, alleging defamation and intentional infliction of emotional distress. The trial court granted A’Hearn’s motion for directed verdict on the defamation claim. After a trial on the merits, the jury found A’Hearn liable for intentional infliction of emotional distress and awarded Priebe mental anguish damages and nominal... More...   $0 (12-16-2010 - TX)

Phenel Mondesir v. Luby's Restaurants

Phenel Mondesir appeals from an order granting final summary judgment in favor of Luby’s Restaurants, Limited Partnership. In his sole issue, Mondesir argues that his uncontroverted evidence raised genuine questions of material fact. Because Mondesir did not preserve his objection to the evidence submitted in support of the summary-judgment motion, and because he failed to adequately brief the... More...   $0 (12-09-2010 - TX)

Dennis Synder v. The American Kennell Club

The legal question raised on appeal is whether the district court erred by granting summary judgment to the defendant. Another question, unrelated to the legal one, but equally weighty, is “what happened to Jag?” Jag was (and perhaps still is) a Golden

Retriever owned by Janis Fonceca. Plaintiffs-Appellants Dennis and Audra Snyder are professional dog handlers. They were hired by Foncec... More...
   $0 (11-24-2010 - KS)

Donald P. Ellison, Jr. v. Denis Balinski

Plaintiff Ronald P. Ellison, Jr. was awarded $100,000 in compensatory damages after a jury trial of his claim under 42 U.S.C. § 1983, alleging a violation of his Fourth Amendment right against unreasonable searches and seizures.

The case arises out of a search of Plaintiff’s residence and seizure of various property pursuant to a search warrant applied for by Defendant Denise Balinski,... More...
   $0 (11-12-2010 - MI)

Kristofer Thomas Kastner v. Gutter Management Inc., Guttermaxx, L.P., Frank Fulco, Jack Heath, Russell Lund, and Jim McLaughlin

The appellant brought suit against his former employer and related entities as well as several other employees seeking to recover damages arising from an alleged assault and allegedly false statements made to the Texas Board of Law Examiners regarding the appellant’s application for a law license. The trial court granted the no-evidence summary judgment motions filed by the appellees. On appea... More...   $0 (11-04-2010 - TX)

James L. Parkey v. Jason E. Sample

James Parkey sued Indiana State Trooper Jason Sample under 42 U.S.C. § 1983, claiming Sample had violated Parkey’s rights under the Fourth Amendment by searching Parkey’s home and seizing Parkey’s property without probable cause. The district court granted Sample’s motion for summary judgment, finding Parkey had not brought forth any evidence to demonstrate a lack of probable cause. We af... More...   $0 (10-27-2010 - I)

Wendell Watson v. Telecheck Services, Inc.

In the events described by Wendell Watson’s pleadings, Watson was gambling at Harrah’s Casino with $1,000.00 in cash he obtained from Harrah’s in exchange for his personal check in that amount, when a dispute arose resulting in Harrah’s confiscating his cash and ejecting him from the premises. That started a chain of events resulting in this appeal.

Because Harrah’s... More...
   $0 (10-21-2010 - TX)

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AK Morlan
Kent Morlan, Esq.
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