In this case we address whether the plaintiff, Douglas M. McKenna, has standing to assert in Colorado state court an assigned claim for violation of the facsimile transmission provisions of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 (2003) . This issue was raised for the first time on appeal to our court. Applying Colorado state law, we find that a claim for liquidated damages u... More...   $0 (03-04-2008 - CO)

Plaintiff sustained injuries in a motor vehicle accident involving her mother's ... More...   $0 (02-19-2008 - MI)

Imperial Apparel, Ltd. (Imperial); its owner, Paul Rosengarten; and an Imperial employee named Cyril Rosengarten brought an action in the circuit court of Cook County against Cosmo's Designer Direct, Inc. (Cosmo's), and the Chicago Sun-Times (the Sun-Times) alleging that an advertisement for Cosmo's published by the Sun-Times constituted defamation per se, defamation per quod, false light in... More...   $0 (02-07-2008 - IL)

On 19 May 2005, plaintiff Richard Harrell filed a summons and complaint initiating a civil action against M... More...   $0 (02-06-2008 - SC)

Plaintiffs are eBay "power sellers." Through the Internet auction site, they sell a variety of fabrics from their home in Colorado. This case concerns two of plaintiffs' prints, both of which play on famous images by the artist Erté, Symphony in Black and Ebony on White. While Erté's images depict elegant women walking aquiline dogs, plaintiffs' prints portray Betty Boop next to her aptly nam... More...   $0 (02-05-2008 - CO)

Joseph Hudak sued Times Publishing Company d/b/a Erie Times-News, et al. on a libel theory claiming that articles published by the paper relating to criminal charges filed against him by the Erie County District Attorney were incorrect because they reported civil disputes between him and his clients were illegal. The Erie district attorney claimed that Plaintiff took money from clients but fail... More...   $0 (01-31-2008 - NY)

Pat Ross and Carmen Gordon sued eight long-time members of the nation's second-oldest black sorority Delta Sigma Theta on a libel theory claiming that statements published by the defendants asserting that Ross exercised poor management while she served as sorority president and more than $100,000 went missing. They also claimed Ross and Gordon schemed to cover up the losses but had not taken a... More...   $0 (01-19-2008 - GA)

Alan, a practicing attorney, was arrested in 2004 and charged with accessory after the fact to murder, threats or extortion, tampering with a witness, and solicitation to commit perjury. After his acquittal in June 2005 he filed... More...   $0 (01-12-2008 - FL)

We may grant leave to appeal from interlocutory orders, including those granting partial summar... More...   $0 (01-09-2008 - NJ)

In this case, we address whether the statute of limitations bars a cause of action for defamation that is based upon statements contained in a transcript of an oral history that was published with only limited circulation. We held in Shively v. Bozanich (2003) 31 Cal.4th 1230, 1237, that under the single-publication rule, the statute of limitations on a cause of action for defamation base... More...   $0 (12-26-2007 - CA)

The United States Court of Appeals for the Second Circuit has certified to us the question of whether CPLR 302 (a) (1) confers personal jurisdiction over a person who "(1) sued a New York resident in a non-U.S. jurisdiction; and (2) whose contacts with New York stemmed from the foreign lawsuit and whose success in the foreign suit resulted in acts that must be performed by the subject o... More...   $0 (12-20-2007 - NY)

Plaintiffs and appellants Richard and Miles Stellar appeal from a grant of summary judgment entered in favor of defendant and respondent State Farm General Insurance Company (State Farm). The trial court ruled that no triable issue of fact existed and that State Farm was entitled to judgment as a matter of law. We affirm. The undisputed evidence established that State Farm owed no duty to... More...   $0 (12-19-2007 - CA)

In 2002 and 2003, defendant, Rosemont Exposition Services, Inc. (RES), maintained liability insurance policies with plaintiff, West Bend Mutual Insurance Company (West Bend). In August of 2003, after two former employees brought suit against RES for defamation and retaliatory discharge, RES tendered a claim for coverage to West Bend pursuant to its policies. West Bend agreed to defend RES... More...   $0 (12-17-2007 - IL)

Plaintiff appeals as of right from an order granting summary disposition to defendants Art Van Furniture (Art Van) and HSBC Retail Services USA, Inc. (HSBC), under MCR 2.116(C)(8) and (C)(10). HSBC cross appeals from the circuit court's denial of its motion for case evaluation sanctions. We affirm in the principal appeal, and in the cross appeal we remand for proceedings consistent with thi... More...   $0 (12-16-2007 - MI)

On February 18, 2001, Idalia Jimenez entered the Heights Meat Market in Laredo, Texas. According to Jimenez, she took her six children, who ranged in age from thirteen to one, into the store with her. Another store patron, Sylvia De La Garza, allegedly witnessed Jimenez strike her thirteen-year-old son, pull the hair of one of her daughters, and punch another son in the head. Garza called 911... More...   $0 (12-14-2007 - TX)

Justice Flaherty, for the Court. Political campaigning, especially on the party primary election level, is not a game for the faint of heart. This dispute arises from such a contest in a state senatorial district in the City of Providence. The upshot of this primary campaign battle was a judgment for civil conspiracy and slander entered against two of the combatants, who timely appealed t... More...   $0 (12-13-2007 - RI)

In August 2000, plaintiff James D. Marcil, a serviceman at the Providence Gas Company (Providence Gas),1 approached John F. Morris at Morris' store, Charron Supply, to discuss a campaign sign that was prominently displayed on the premises. The sign promoted the candidacies of defendants Robert T. Kells and Thomas C. Slater, who both were on the ballot in the Democratic primaries for the s... More...   $0 (12-10-2007 - RI)

1 This appeal presents our first opportunity to consider the First Amendment rights of internet users to engage in anonymous speech. In doing so, we decide whether the superior court erred by granting a request by appellee Mobilisa, Inc. ("Mobilisa") to discover from appellant The Suggestion Box, Inc. ("TSB"), an Arizona email service provider, the identity of appellant John Doe 1 ("Doe"), a ... More...   $0 (11-29-2007 - AZ)

After a bench trial, the trial court entered judgment for Appellee Wichita Falls Housing Authority ("WFHA") in its eviction suit against Appellant Barry Johnson. In three issues, Johnson argues that the trial court's judgment awarding possession of a leased premises to WFHA violates his First Amendment free speech rights and the litigation privilege and that the evidence is legally and factual... More...   $0 (11-25-2007 - TX)

Daniel McCarthy, a Newburyport, Massachusetts police officer, brought this action against the former and current chiefs of police, Thomas Cappelluzzo and Thomas H. Howard; fellow police officers Alan Maguire, David Foley and David Knight; former mayors of Newburyport Lisa Mead and Alan Lavender; and the City of Newburyport. McCarthy alleged claims under 42 U.S.C. § 1983 for violations of his Fi... More...   $0 (11-03-2007 - MA)

Plaintiffs-Appellants J. Bronson, G. Cook, and D. Cook ("plaintiffs") subscribe to the religious doctrine of polygamy. G. Cook is married to D. Cook. G. Cook and J. Bronson filed an application for a marriage license, and Defendant-Appellee Sherrie Swensen ("Swensen"), the Clerk for Salt Lake County, Utah, refused to issue the marriage license. Plaintiffs subsequently brought a civil rights a... More...   $0 (09-10-2007 - UT)

Carolyn Bogan challenges the adverse grant of summary judgment on her claim for intentional infliction of emotional distress against General Motors Corporation (GM). The district court determined Bogan failed to present expert testimony necessary to support her claim; in the alternative, the district court determined the emotional distress claim was preempted by federal labor law. Bogan v.... More...   $0 (09-04-2007 - MO)

El Diario is a Mexican corporation that publishes a Spanish language newspaper, El Diario de Juarez. At the time in ... More...   $0 (08-25-2007 - TX)

1 More than forty years have passed since the United States Supreme Court placed public officials on notice that they could seek redress for defamatory statements made about them only if actual malice animated those statements. See N.Y. Times Co. v. Sullivan, 376 U.S. 254 (1964) (involving a Montgomery, Alabama commissioner whose duties included the supervision of the police department). ... More...   $0 (08-10-2007 - UT)

Kyocera Wireless, Inc., et al. sued Hecmma Inc. for breach of contract, trade dress infringement, trademark infringement and trade libel. Hecmma was a sole source manufacturer of cell phone batteries for certain handsets manuractured by Kyocera Wireless. Hecmma used a component in production batteries which had only been approved for use in prototypes. The component not authorized for produ... More...   $2500000 (05-09-2007 - CA)