| Joseph W. McAninch v. Kansas Bankers |
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Damian Sinclair and Susan Wintermute, former directors of Sinclair National Bank ("SNB"), brought breach of contract claims and tort claims against their insurer, Kansas Bankers Surety Company ("KBS"), arguing that KBS wrongfully refused to indemnify and defend them under a Directors, Officers and Employees Indemnity and Bank Lender Liability Policy DL 1859 AR ("D&O Policy"). The district c... More... $0 (03-07-2007 - MO) |
| The Cadle Company v. Jan R. Schlichtmann, et al. |
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We examine in this case the extent to which G.L. c. 231, § 59H, popularly known as the "anti-SLAPP" [FN2] statute, effectively shields one party in an ongoing legal dispute from liability for the publication of allegedly defamatory statements concerning the opposing party. The Cadle Company (Cadle) filed a multi-count complaint in the Superior court seeking damages and declaratory and injunctiv... More... $0 (01-29-2007 - MA) |
| Alex R. Seith v. Chicago Sun-Times, Inc. and Steve Neal |
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On May 7, 2002, plaintiff Alex R. Seith filed a two-count complaint alleging that an article written by the late Steve Neal and published by Chicago Sun-Times, Inc., contained statements which constituted per se libel and false-light invasion of privacy. Defendants moved to dismiss pursuant to section 2-615 of the Illinois Code of Civil Procedure. 735 ILCS 5/2-615 (West 2004). The circuit c... More... $0 (01-22-2007 - IL) |
| Stephen J. Barrett v. Ilean Rosenthal |
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In the Communications Decency Act of 1996, Congress declared: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." (47 U.S.C. § 230(c)(1).)1 "No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section... More... $0 (11-21-2006 - CA) |
| Gannett Co., Inc., et al. v. Joe Anderson, Jr. |
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This is an appeal from a judgment awarding the plaintiff damages for an alleged invasion of his privacy. We conclude that the action is barred by the statute of limitations and therefore we reverse. The plaintiff claimed that the defendants invaded his privacy by publishing facts that portrayed him in a false light. Because this claim was not distinguishable in any material respect from a l... More... $0 (10-21-2006 - FL) |
| Marc E. Mandel v. The Boston Phoenix, Inc., et al. |
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The oenologist's creed teaches that we should drink no wine before its time. Much the same principle applies to summary judgment; it is a deliciously helpful device if properly timed, but one that can leave a sour taste if brought to bear on an insufficiently fermented record. This appeal, which follows on the heels of a substantial verdict in a defamation suit, is a paradigmatic example ... More... $0 (08-05-2006 - MA) |
| World Wide Association of Specialty Programs v. Pure, Inc., et al. |
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Plaintiff-Appellant World Wide Association of Specialty Programs and Schools ("World Wide") filed suit in federal district court against Defendants-Appellees Jeff Berryman and Sue Scheff, as well as Ms. Scheff's business, Parents Universal Resource Experts, Inc., and its successor, PURE Foundation, Inc., after Mr. Berryman and Ms. Scheff made negative remarks about World Wide on various interne... More... $0 (06-16-2006 - UT) |
| Rick Camuglia, d/b/a Paisano's Restaurant v. The City of Albuquerque, et al. |
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Rick Camuglia appeals a summary judgment rejecting his claim that he was denied substantive and procedural due process when his restaurant was temporarily shut down for alleged health code violations. We have jurisdiction under 28 U.S.C. § 1291 and affirm. I. BACKGROUND The evidence before the district court was as follows: On February 19, 2003, Guy Worthington, an employee of the A... More... $0 (06-06-2006 - NM) |
| Ron Koscheski v. Green County Roofing, Inc. v. James P. Dickerson and Turner Roofing & Sheet Metal |
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The claims made and defenses asserted in this defamation (libel) and tortious interference with business cases are not available.... More... $0 (04-20-2006 - OK) |
| Charlotte Pritt v. West Virginia State Victory Committee and the National Republican Senatorial Committee |
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Charlotte Pritt sued West Virginia State Victory Committee and the National Republican Senatorial Committee on a libel theory claiming that the defendants ran political ads during her unsuccessful run for governor of West Virginia in 1996. Plaintiff claimed that the ads were not only very negative but false. The defendants denied wrongdoing.... More... $0 (03-14-2006 - WV) |
| A.J. Morris, M.D. v. Phillip Osborne, M.D. |
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In this libel per se case, A.J. Morris, M.D. appeals the trial court's order granting a summary judgment for Phillip Osborne, M.D. [ant's brief @ 1] In his sole issue, Dr. Morris argues that the trial court erred in granting the summary judgment because: (1) Dr. Osborne did not prove, as a matter of law, that his statements were opinions, [ant's brief @ 9] (2) extrinsic evidence is not requ... More... $0 (02-17-2006 - TX) |
| Liberty Mutual Insurance Company, etc. v. Continental Insurance Company |
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Appellants Geyser Products of Wyoming, LLC and Michael Vance (collectively, "Geyser") appeal from the district court's grant of summary judgment in favor of Appellee American National Fire Insurance Company ("American") in a dispute turning on the scope of coverage of an American excess umbrella policy. Geyser seeks recovery under a judgment entered against American's insured, Seven-Up Bottlin... More... $0 (12-16-2005 - WY) |
| Randle Lee and Janell Duncan v. Julie Bates and Postic & Bates, P.C. |
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1 The question presented on certiorari is whether COCA erred when it affirmed the trial judge's order dismissing the cause for improper venue. We answer in the affirmative. I. ANATOMY OF THE LITIGATION 2 Randle and Janell Duncan (plaintiffs or Duncans), residents of Canadian County, are former clients of Julie Bates (Bates), of the law firm of Postic and Bates (defendants, firm or ... More... $0 (12-13-2005 - OK) |
| Raymond Wiggins v. Wilson Millard and Brewton Standard |
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John Wiggins sued the Wilson Millard and others including the Brewton Newspapers for defamation based on the publication of the August 9, 2000, issue of the Standard. On that date, Raymond and John resided at their home at 2474 Bradley Road, on the outskirts of East Brewton. Raymond was personally acquainted with Wallace and Chief Mallard. Chief Mallard had known Raymond for three or four y... More... $150000 (10-28-2005 - AL) |
| Adrienne Anderson v. United States Department of Labor |
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This is a whistleblower action brought by Adrienne Anderson (Anderson) against Metro Wastewater Reclamation District (Metro) pursuant to various environmental statutes which prohibit discrimination against "any employee or any authorized representative of employees." Pursuant to the recommendation of one of Metro's local unions, the City of Denver's mayor appointed Anderson to Metro's Board o... More... $0 (09-08-2005 - CO) |
| Larry E. Beedle and Peggy Lee Beedle v. William Wilson, et al. |
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Larry E. Beedle and Peggy Lee Korn, proceeding pro se, filed suit pursuant to 42 U.S.C. § 1983 against Jackson County Memorial Hospital (Hospital), several of the Hospital's employees, an Oklahoma state court judge, a law firm and several of the lawyers employed there, an Oklahoma state district attorney, a local police chief, a private citizen, and the plaintiffs' former attorney. Plaintiffs... More... $0 (09-08-2005 - OK) |
| Linda McGreevy v. Roger Stroup, individually and in his official capacity as Principal of Bermudian Springs Elementary School, etc., et al. |
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Linda McGreevy, a school nurse, filed this civil rights action under 42 U.S.C. § 1983, against defendants: the Bermudian Springs School District (the "District"); Gerald Soltis, the District's superintendent; Roger Stroup, principal of the Bermudian Springs Elementary School; and Kathleen Tsosie, the assistant principal of the Bermudian Springs Elementary School, claiming that defendants ... More... $0 (06-30-2005 - PA) |
| Amrak Productions, et al. v. Morton, et al. |
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Plaintiffs-appellants James Albright, a former bodyguard and lover of Madonna, and his corporate agent, Amrak Productions, Inc. ("Amrak"), appeal from the dismissal of their defamation, invasion of privacy, and other state claims stemming from the publication of a tell-all book, Madonna. In a nutshell, defendants-appellees author and publishers allegedly portrayed Albright as a homosexual by mi... More... $0 (06-08-2005 - MA) |
| Rita Parrish v. Cingular Wireless, LLC, et al. |
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In Szetela v. Discover Bank (2002) 97 Cal.App.4th 1094 (Szetela), the Court of Appeal held an arbitration clause prohibiting class-wide arbitration to be unconscionable and unenforceable. The trial court in the present case relied upon Szetela to rule that the arbitration clause at issue here is likewise unconscionable. Recognizing that the issue is pending before our Supreme Court, we wi... More... $0 (05-19-2005 - CA) |
| Bosley Medical Institute, Inc., et al. v. Michael Steven Kremer |
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Defendant Michael Kremer was dissatisfied with the hair restoration services provided to him by the Bosley Medical Institute, Inc. In a bald-faced effort to get even, Kremer started a website at www.BosleyMedical.com, which, to put it mildly, was uncomplimentary of the Bosley Medical Institute. The problem is that "Bosley Medical" is the registered trademark of the Bosley Medical Instit... More... $0 (04-07-2005 - CA) |
| Varian Medical Systems, Inc., et al. v. Michelangelo Delfino, et al. |
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Under Code of Civil Procedure section 425.16, subdivision (b)(1),1 a defendant may move to strike any cause of action "arising from any act . . . in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue . . . ." If the plaintiff cannot demonstrate a "probability" of prevailing on that cause of acti... More... $0 (03-07-2005 - CA) |
| Terry Capshow v. Gulf Insurance Company, et al. |
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1 Two issues are presented on certiorari: (1) Did COCA err when it reversed the nisi prius judge's new-trial order? and (2) Did COCA identify and apply on appeal the correct standard of review? Because both questions are answered in the negative, we reverse the nisi prius new-trial grant by applying an analysis that differs from that used by COCA. I. ANATOMY OF THE LITIGATION 2 ... More... $0 (02-20-2005 - OK) |
| Michael Nolan, appellee, v. Tim Campbell, also known as Timothy C. Campbell, appellant. |
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Tim Campbell, also known as Timothy C. Campbell, appeals the judgment entered by the Madison County District Court awarding Michael Nolan, the city administrator of Norfolk, Nebraska, $78,000 on his petition for libel and false light invasion of privacy and enjoining Campbell from specific uses of certain publications and terminology. While we uphold the award of damages, we must narrow the sco... More... $78000 (12-21-2004 - NE) |
| Superbrace, Inc. v. Kelly Tidwell, et al. |
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There is a debate among federal and state courts as to whether state or federal common law should be applied to cases involving the transfer of patent license * Parts III, IV, V and VI of this opinion are not certified for publication. (See Cal. Rules of Court, rules 976(b) and 976.1.) 2 rights. In the case before us, Kelly Tidwell and Fran Cyrus (collectively Tidwell unless other... More... $0 (11-24-2004 - CA) |
| Curtis T, a minor, etc. v. The County of Los Angeles |
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In this tort action against the County of Los Angeles, the minor plaintiff alleged that he was molested by another child for several years while living in a foster home, and that his foster parent saw the alleged molestation but failed to stop it. The trial court sustained the County's demurrer without leave to amend due to the minor plaintiff's failure to file a claim within six months o... More... $0 (11-12-2004 - CA) |
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