Libel Law
 
William F. Murphy, et al. v. WISU Properties, Ltd., et al.

These appeals are from an order awarding attorney's fees pursuant to Section 57.105, Florida Statutes, and from an order dismissing an amended counterclaim and third-party complaint. These appeals have been consolidated for purposes of our appellate review. For the sake of clarity, however, we will separately address the issues involved in each appeal, after a recitation of the facts an... More...   $0 (11-10-2004 - FL)

Patrick J. Gallagher v. Ann Connell

We are presented with a variation on the age-old riddle of the tree that falls in the forest when there is no one around to hear it.1 It is well settled that in opposing a SLAPP motion the plaintiff must show a probability of prevailing on his cause of action and the showing must be based on admissible evidence.2 This appeal poses the question:

If the plaintiff submits inadmissible evi... More...   $0 (11-10-2004 - CA)

Jack Rudloe, et al. v. Dr. David Michael Karl, et al.

Jack Rudloe and the Gulf Specimen Company, Inc., a biological supply service "of which Mr. Rudloe is President and [with which he is] closely affiliated," appeal an order "dismiss[ing] from this action with prejudice" the Florida State University Board

2

of Trustees. See Fla. R. App. P. 9.110(k). Because it is clear from their second amended complaint that the plaintiffs' libel act... More...   $0 (11-09-2004 - FL)

James Grosjean v. Imperial Palace, Caesars Palace and Griffin Investigations, Inc.

The case was bifurcated so that James Grosjean v. Imperial Palace is the only portion of the case that has already gone to trial. The Grosjean v. Caesars, Griffin Investigations and other defendants is scheduled to commence May 31, 2005.

Grosjean v. Imperial Palace:

James Grosjean claimed that the was falsely imprisoned by Las Vegas Imperial Palace security guards for 47 minutes in Fe... More...   $399990 (11-07-2004 - NV)

Polar Bear Productions, Inc. v. Timex Corporation, et al.

This intellectual property case pits the sport of extreme kayaking against the iconic American timepiece, Timex. In an effort to update its image, Timex Corporation ("Timex") arranged with Polar Bear Productions ("Polar Bear") to produce film footage featuring some of the stars of whitewater kayaking, paddling through exotic locales in North and South America and using equipment bearing... More...   $115000 (10-28-2004 - MT)

Richard Romeo and Darlene Romeo v. Robert E. Jones, et al.

Richard Romeo (Mr. Romeo) and Darlene Romeo (Mrs. Romeo) (collectively Appellants) appeal from a trial court judgment entered according to a jury verdict against Appellants and in favor of attorneys Robert E. Jones, Alan Farkas, Robert C. Jones, David M. Korum, and David G. Waltrip (collectively Respondents) on Appellants' Petition alleging abuse of process by Respondents based upon Respondents' r... More...   $0 (09-21-2004 - MO)

Balboa Island Village Inn, Inc. v. Anne Lemen

We hold an injunction absolutely enjoining defendant Anne Lemen from making certain statements adjudicated to be defamatory under common law causes of action for libel and slander constitutes a content-based prior restraint on speech in violation of the First Amendment to the United States Constitution and article I, section 2, subdivision (a) of the California Constitution. A content-bas... More...   $0 (08-12-2004 - CA)

Nancy Velez v. City of Jersey City, et als.

The issue in this appeal is whether the notice of claim requirements under the New Jersey Tort Claims Act (Act), N.J.S.A. 59:1-1 to 12-3, apply to common law intentional tort claims. The Appellate Division held that the Act's notice requirements did not apply to plaintiff's assault and battery claim against defendant, who is a public employee. Velez v. City of Jersey City, 358 N.J. Super. 224 ... More...   $0 (07-07-2004 - NJ)

Annette F. v. Sharon S.

This case is a spin-off of the highly publicized and controversial litigation over the validity of "second-parent" adoptions in Sharon S. v. Superior Court (2003) 31 Cal.4th 417. In this matter, Sharon S. (Sharon) appeals from an order denying her special motion to strike a libel complaint filed against her by her former partner in a lesbian relationship, Annette F. (Annette). We conclude th... More...   $0 (07-02-2004 - CA)

Patricia Ruiz and Chantell Ruiz v. Austin Independent School District, Andy Welch, Principal Darrell Baker and Coach Lee Thompson

Appellants Patricia Ruiz and Chantell Ruiz (the "Ruizes") sued appellees Austin Independent School District, Andy Welch, Darrell Baker, and Lee Thompson (collectively "appellees"), alleging defamation and whistleblower causes of action. Appellees moved for summary judgment based on their defenses of (1) limitations, (2) governmental and statutory immunity, and (3) failure to exhaust administrat... More...   $0 (06-04-2004 - TX)

Patricia Ruiz and Chantell Ruiz v. Austin Independent School Distrtict, et al.

Appellants Patricia Ruiz and Chantell Ruiz (the "Ruizes") sued appellees Austin Independent School District, Andy Welch, Darrell Baker, and Lee Thompson (collectively "appellees"), alleging defamation and whistleblower causes of action. Appellees moved for summary judgment based on their defenses of (1) limitations, (2) governmental and statutory immunity, and (3) failure to exhaust administrat... More...   $0 (05-28-2004 - TX)

The Traditional Cat Association, Inc., et al. v. Laura Gilbreath, et al.

In California the accrual of causes of action growing out of the publication of defamatory or other tortious statements is governed by the single-publication rule. Under the rule one cause of action will arise, and the statute of limitations will commence running, upon the first general publication or broadcast of a tortious statement, notwithstanding how many copies of the publication ar... More...   $0 (05-06-2004 - CA)

L. A. Tollestrup v. Tel America Long Distance, etc.

Plaintiff-appellant L. A. Tollestrup appeals from the district court's decision granting summary judgment under Fed. R. Civ. P. 56 in favor of defendants on her Title VII(1) employment discrimination and state-law claims. In her complaint, Ms. Tollestrup alleged claims of sexual harassment, gender discrimination, hostile work environment, retaliatory termination, providing fraudulent informatio... More...   $0 (04-20-2004 - UT)

David Ashley Durham and Ruthie Mae Durham, Co-Administrators of The Estate of Amanda Lynn Durham, Deceased v. Harold Marberry and Advantage Mobile Homes, Inc.

This case arises out of a lawsuit that includes both wrongful death and survival claims. The appellants, co-administrators of the estate of Amanda Lynn Durham, sued appellees Harold D. Marberry and Advantage Mobile Homes, Inc., for damages incurred when a mobile home transport vehicle collided with the vehicle driven by Miss Durham. It is undisputed that Miss Durham was killed instantly in the acc... More...   $0 (03-25-2004 - AR)

Kennth A. Castellucci v. Mark A. Battista

The defendant Mark A. Battista's appeal seeks review of a Superior Court judgment denying his motion for a new trial after he was adjudged liable for compensatory and punitive damages in this civil suit. Battista asks this Court to grant a new trial on both liability and damages based on several errors which he claims were made by the trial justice. In the alternative, he asks that the pu... More...   $400000 (03-21-2004 - RI)

Plaintiffs sued over the use of their computer-altered childhood likenesses in nationally-broadcast children's television programming more than two years after all broadcasts had ceased. On appeal, they contend that the trial court erred in ruling that their claims were subject to the Uniform Single Publication Act (USPA) (Civ. Code, § 3425.1 et seq.) and were therefore barred by the stat... More...   $0 (03-11-2004 - CA)

Robert Gremminger and Georgia Gremminger v. Missouri Labor and Industrial Relations Commission.

Claimants appeal from the Final Award of the Labor and Industrial Relations Commission (the Commission) affirming the award of the Administrative Law Judge (ALJ) denying compensation from the Tort Victims' Compensation Fund for an unsatisfied money judgment in their favor for fraudulent representation. We affirm for the reason that fraudulent representation is not a "personal injury" compensated b... More...   $0 (02-25-2004 - MO)

Charlotte Kempf v. City of Colorado Springs, et al.

Charlotte Kempf, proceeding pro se, appeals from the district court's dismissal of her complaint for failure to state a claim and lack of subject matter jurisdiction. We AFFIRM. Charlotte Kempf and her mother ("the Kempfs") live on property in Colorado Springs, Colorado. Charlotte Kempf's late father, Starr Kempf, constructed an outdoor sculpture garden on the property that included wind scul... More...   $0 (02-15-2004 - CO)

Hickson Corporation v. Northern Crossarm Co., Inc. and Patrick Bischel

A controversy over promotional language employed by competitors in the wood-preservation products industry resulted in litigation in which parties on both sides obtained a summary judgment. Both sides have appealed. Because material evidence was overlooked in the district court, one of the summary judgments must be vacated and remanded. We affirm the other summary judgment.

BACKGROUND ... More...   $0 (01-26-2004 - GA)

Stephen J. Barrett, et al. v. Ilena Rosenthal

Stephen J. Barrett, M.D. and Terry Polevoy, M.D. appeal from the trial court's order striking their complaint for libel, libel per se and conspiracy as a strategic lawsuit against public participation under Code of Civil Procedure section 425.16 (hereafter section 425.16 or the anti-SLAPP statute). They challenge the trial court's findings that the anti-SLAPP statute applies to allegedly li... More...   $0 (01-22-2004 - CA)

E. Stephen Dean v. Thomas K. Byerley

This appeal raises an important question concerning the scope of an individual's right to engage in targeted residential picketing in the wake of the Supreme Court's decision in Frisby v. Schultz, 487 U.S. 474 (1988). We conclude that Frisby did not place in question an individual's clearly established right to engage in peaceful targeted residential picketing; rather it carved out an exception... More...   $0 (01-19-2004 - MI)

Robert J. Yetman, M.D. v. Thomas G. Cleary, M.D. and William J. Riley, M.D.

In this accelerated, interlocutory appeal, A person may appeal an interlocutory order that "denies a motion for summaryjudgment that is based on an assertion of immunity by an individual who is anofficer or employee of the state or a political subdivision of the state." Tex.Civ. Prac. & Rem. Code Ann. § 51.014 (a)(5) (Vernon Supp. 2004).

Robert J. Yetman, M.D. argues that the trial court er... More...   $0 (12-12-2003 - TX)

Sally Scott d/b/a Sun City Skate Park v. Ross Tanner

Appellant, Sally Scott, individually and d/b/a Sun City Skate Park ("Scott"), brings this restricted appeal to challenge the no-answer default judgment obtained against her by appellee, Ross Tanner ("Tanner"). We determine (1) whether the record indicates that Scott was properly served with Tanner's original petition; (2) whether Tanner's amended petition requested a more onerous judgment than ... More...   $0 (12-04-2003 - TX)

Employers Reinsurance Corporation v. Threlkeld & Company Insurance Agency d/b/a Threlkeld Company Insurance d/b/a Smith County, Texas Threlkeld Financial Group

From approximately July 1, 1998 through October 1999, TCI served as a "marketing licensee" for First Financial Security of Texas ("First Financial"), a viatical settlement broker. A viatical settlement is defined as an agreement that is solicited, negotiated, offered, entered into, delivered, or issued for delivery in this state under which a person pays anything of value that is:

(A) l... More...   $0 (11-21-2003 - TX)

Varian Medical Systems, Inc., et al. v. Michelangelo Delfino, et al.

Defendants Michelangelo Delfino and Mary Day used Internet bulletin boards to post numerous derogatory messages about their former employer, Varian Associates, Inc. (Varian) and two Varian executives. Varian and the two executives sued. Defendants treated the lawsuit as a challenge to their constitutional right to free speech and responded with a flood of spiteful messages posted on hundreds ... More...   $775000 (11-14-2003 - CA)

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