In this appeal, we must determine whether the summary judgment record contains clear and convincing evidence that defendant published a false and defamatory statement concerning the revocation of plaintiff's medical license with "actual malice," as defined in New York Times Co. v Sullivan (376 US 254 [1964]). Because it does not, we affirm the Appellate Division's grant of summary judgment to defe... More...   $0 (04-30-2009 - NY)

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)

¶1 Dr. Scott A. Krasner, Terri Lee Krasner, and Scott A. Krasner, M.D., P.C. (together, “Krasnerâ€�) appeal the jury verdict in favor of William Ritchie, Darlene Ritchie, and Korbin Underwood (together, “Ritchiesâ€�). Krasner raises several issues on appeal. We hold that, even absent a formal doctor-patient relationship, a doctor conducting an Independent Medical Examination (“IMEâ€�) owes a... More...   $0 (04-21-2009 - AZ)

¶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)

This case involves a long-running (six years and counting) insurancecoverage dispute between the City of Sterling Heights, Michigan, and one of its insurance carriers, United National Insurance. The case arises out of lawsuits filed by Hillside Productions against the City based on alleged misconduct by city officials, and the question at hand primarily concerns United’s liability for a portion ... More...   $0 (03-31-2009 - MI)

We hold statements by defendants that plaintiff, an automobile museum president, (1) demanded a commission or a finder‟s fee to which he was not entitled, and (2) was fired because other employees would not work for him and would leave if he stayed, should have been presented to the jury as slander per quod rather than as slander per se. Accordingly, we reverse the judgment in favor of plaintiff... More...   $0 (03-21-2009 - CA)

Appellants Larry and Lennelle Pinson brought this action under the Fair Credit Reporting Act (FCRA), 15 U.S.C. §§ 1681 - 1681x, against Appellees Equifax Credit Information Services, LLC; CSC Credit Services; Experian Information Solutions, Inc.; Trans Union, LLC, (collectively, “consumer reporting agenciesâ€� or “CRAsâ€�); Capital One Services, Inc.; Capital One Bank FSB (collectively, “C... More...   $0 (03-10-2009 - OK)

Avalon RF sued WiFi Wireless, Inc. on breach of contract and trade libel theories claiming that WiFi breached its agreement to buyout Avalon RF and engaging in trade libel.

Avalon RF is an innovation driven company dedicated to the development and delivery of state-of-the-art wireless video, audio, data and telemetry links.

The defenses asserted by WiFi are not available.

WiF... More...   $3200000 (03-06-2009 - )

Christopher Chase Spencer appeals from the district court’s order granting summary judgment in favor of the City of Mustang, Oklahoma; various City officials and officers (the City defendants); and a local private resident on his federal claim under 42 U.S.C. § 1983 and dismissing without prejudice his state-law claims. We affirm.

BACKGROUND

Factual Basis On May 17, 2004, seventee... More...   $0 (02-27-2009 - OK)

In the underlying lawsuit, Manuel Macias, Jr. sued the Hearst Newspaper Partnership, L.P.,

d/b/a San Antonio Express-News, and Ron Wilson (collectively, "the newspaper"), as well as other defendants. Macias's suit against the newspaper alleged defamation based on eight statements contained in articles written by Ron Wilson for the San Antonio Express-News. The newspaper moved for summary... More...   $0 (02-18-2009 - TX)

Plaintiff-Appellant, Teton Millwork Sales (“TMSâ€�), appeals from the district court’s order granting Defendant-Appellee Roger Schlossberg’s motion to dismiss the action based upon absolute judicial immunity and lack of personal jurisdiction. As Mr. Schlossberg now consents to personal jurisdiction, Aplee. Br. at 1, the issue on appeal is whether the district court properly dismissed the cla... More...   $0 (02-11-2009 - WY)

Plaintiff-Appellant, Teton Millwork Sales (“TMSâ€�), appeals from the district court’s order granting Defendant-Appellee Roger Schlossberg’s motion to dismiss the action based upon absolute judicial immunity and lack of personal jurisdiction. As Mr. Schlossberg now consents to personal jurisdiction, Aplee. Br. at 1, the issue on appeal is whether the district court properly dismissed the cla... More...   $0 (02-10-2009 - WY)

Spectrum Worldwide, Inc. (“Spectrum Worldwideâ€�), Celebrity Products Direct, Inc. and Celebrity Products, Inc. (collectively “Celebrityâ€�), Spectrum Worldwide’s president Murray Moss (“Mossâ€�), CEO Lisa Tremain (“Tremainâ€�), and CFO Howard Schwartz (“Schwartzâ€�) (all of the defendants hereinafter referred to as “Spectrumâ€�) asks this court to determine whether the “first publ... More...   $0 (02-09-2009 - CA)

Quad Graphics, Inc., Milwaukee Magazine, and Kurt Chandler (unless otherwise specified, collectively referred to as Quad), appeal from an order denying their motion for judgment on the pleadings.1 Quad filed a petition for leave to appeal the order, which we granted.

¶2 Quad argues that Bradley DeBraska, Sr.’s retraction demand failed to satisfy the conditions precedent to commencing an ... More...   $0 (01-21-2009 - WI)

John Gorman tried to buy a satellite television system using his credit card, issued by MBNA America Bank. He was unsatisfied with the system purchased, and lodged a challenge with MBNA to dispute the charge. Unhappy with MBNA’s response, Gorman instituted this lawsuit against MBNA, alleging violations of the Fair Credit Reporting Act, 15 U.S.C. §§ 1681-1681x, libel, and violations of Cal. Civ... More...   $0 (01-12-2009 - CA)

{1} Angela V. Woodhull, Ph.D. (Plaintiff), acting pro se, appeals the trial court’s grant of summary judgment in favor of Carolyn Meinel (Defendant). The trial court ruled that the applicable New Mexico statute of limitations and 47 U.S.C. § 230 (1998), the Communications Decency Act of 1996 (CDA), both bar Plaintiff’s defamation claim. Plaintiff’s appeal presents the first opportunity... More...   $0 (01-07-2009 - NM)

Appellants, Sam Martinez, Frank Dickson, and Ron Rocha, challenge the trial court’s denial of their motion to strike the defamation complaint filed by respondent, John Hailstone, as a strategic lawsuit against public participation (SLAPP) under Code of Civil Procedure1 section 425.16. The trial court concluded that the alleged defamatory statements did not concern an issue of public interest and... More...   $0 (12-23-2008 - CA)

Defendant, Stonecrafters, Inc. (Stonecrafters), appeals from an order of the circuit court of McHenry County entering summary judgment for plaintiff, Westport Insurance Corporation (Westport), in an action for a declaratory judgment. Stonecrafters sought a declaration that coverage under an insurance policy issued to Jackson National Life Insurance Company (Jackson) did not extend to the liability... More...   $0 (12-19-2008 - IL)

In this state-law libel and negligence action, the Appellants—officials from New York City and various investigators hired by the City to conduct investigations in Georgia—appeal the district court’s order concluding that Georgia privilege law applies to this case and that Georgia’s anti-SLAPP (Strategic Lawsuits Against Public Participation) statute does not apply in federal court. Becaus... More...   $0 (12-19-2008 - AL)

¶1 Elizabeth Quintero (“Quintero�), widow to and personal representative of the estate of Luis Anaya Soto (“Soto�), appeals summary judgment in favor of Matthew and Jane Doe Rodgers. For the following reasons, we affirm in part and reverse in part.

FACTS AND PROCEDURAL HISTORY

¶2 This appeal arose from an automobile accident that occurred when Matthew Rodgers’ (“Rodgers... More...   $0 (11-21-2008 - AZ)

Edwin B. Stegman for Defendant and Appellant Debra W. Markowitz. Adleson, Hess & Kelly, Phillip M. Adleson, Berger Kahn, and G. Arthur Meneses for Defendant and Appellant Best Alliance Foreclosure and Lien Services. Kirby & McGuinn, Martin T. McGuinn, and Dean T. Kirby, Jr., for Amicus Curiae United Trustee’s Association on behalf of Defendant and Appellant Best Alliance Foreclosure and Lien Ser... More...   $0 (11-17-2008 - CA)

MSK EyEs, LTD (MSK) and its founder, Muhannah S. Kakish (Kakish), appeal from an order of the district court granting summary judgment to Wells Fargo Bank (Wells Fargo). MSK and Kakish (Appellants) brought an action against Wells Fargo on a myriad of claims arising from their banking relationship, including: breach of contract, credit defamation, business disparagement, defamation, interference wi... More...   $0 (11-04-2008 - MN)

In January 2006, Donald Trump filed suit in the Superior Court of New Jersey, Camden County, against Timothy O'Brien and his publisher, claiming that O'Brien defamed him by reporting, in his 2005 biographical book, TrumpNation, that "[t]hree people with direct knowledge of Donald's finances, people who had worked closely with him for years, told me that they thought his net worth was somewhere bet... More...   $0 (10-24-2008 - NJ)

This appeal involves an insurance coverage dispute. Appellant Michael Penzer (“Penzerâ€�) is the assignee of Southeast Wireless, Inc. (“Southeastâ€�). Appellee Transportation Insurance Company (“Transportationâ€�) issued to Southeast a commercial liability policy that included coverage for “advertising injury.â€� Penzer and Southeast entered into a class action settlement1 of claims that S... More...   $0 (10-23-2008 - FL)