Libel Law
 
Delbert Ingram v. Hashib D. Faruque, M.D.

Plaintiff-Appellant Delbert Ingram appeals from a district court’s dismissal of his claims against Defendants-Appellees (“Defendants”). Mr. Ingram sued Defendants- Appellees—Dr. Hashib D. Faruque, Dr. Yan Feng, Donna Delise, Kyle Inhofe, Lt. Michael Stevenson, and Captain Tim Collins1— claiming that Defendants had violated his rights under the Fourth and Fifth Amendments of the U.S. Cons

More...   $0 (09-06-2013 - OK)

ECCO Plains, LLC v. United States of America

The Federal Depository Insurance Corporation (FDIC), while acting as receiver1 of the New Frontier Bank (the Bank), used proceeds from the sale of cattle belonging to a limited liability company (LLC) to pay down a loan of one of the two LLC members. According to the complaint, the FDIC had no authority to do so because the payment was contrary to the members’ agreement. Ignoring the separate en

More...   $0 (09-04-2013 - CO)

Jennifer Pratt v. Joseph Petelin, M.D.

Mrs. Jennifer Pratt sued Joseph Petelin, M.D. for medical negligence. The district court submitted four factual theories of negligence to the jury, which returned a general verdict against Dr. Petelin in the amount of $153,000. Dr. Petelin appeals, claiming three of the four factual contentions submitted to the jury were unsupported by sufficient evidence. We hold that Dr. Petelin waived this argu

More...   $153000 (08-20-2013 - KS)

Carolina Casualty v. Nanodetex Corporation

A few years ago the New Mexico Supreme Court recognized a new tort called “malicious abuse of process,” which subsumed the traditional causes of action for malicious prosecution and abuse of process. Nanodetex Corporation and two of its principals (the Insureds) were successfully sued for malicious abuse of process. They then sought indemnification from Carolina Casualty Insurance Company, whi

More...   $0 (08-19-2013 - NM)

John Phillips v. Randy J. Harrington

John Phillips and Deborah Phillips sued Randy J. Harrington, Darren W. Lee, Charles McClain, Mid-American Bigfoot Research Center, Lost Horizon Computers and Doe No through Doe No. 100 on libel and slander theories claiming:

1. Plaintiffs are each residents of Broken Arrow, Tulsa County, Oklahoma.

2. Defendant Randy J. Harrington (“Harrington”) is a resident of Leavenworth County

More...   $1 (08-12-2013 - OK)

Marvel Characters, Inc. v. Lisa R. Kirby

27 This appeal requires us to revisit our case law
28 applying the work-for-hire doctrine in the context of
29 section 304 of the Copyright Act of 1976 (or, the "1976
2
1 Act"), 17 U.S.C. § 304. Defendants-counter-claimants2
appellants Lisa, Neal, Susan, and Barbara Kirby
3 (collectively, the "Kirbys") are the children of the late
4 Jack Kirby. Kirby is considered one

More...   $0 (08-08-2013 - NY)

Bently Reserve, L.P. v. Andreas G. Papaliolios

Defendant Andreas Papaliolios (Papaliolios) appeals from an order denying his special motion to strike a libel claim under Code of Civil Procedure section 425.161 (the ―anti-SLAPP‖ statute). The claim arises from a negative review of an apartment building Papaliolios posted to Yelp, an Internet Web site. Papaliolios asserts his review is mere opinion or, alternatively, substantially true and,

More...   $0 (07-30-2013 - CA)

Christine E. Reule v. Colony Insurance Company

In thirteen issues, Christine E. Reule argues the trial court erred by granting Colony Insurance Company’s motion for summary judgment disposing of all of Reule’s claims. We affirm.

I. BACKGROUND

In 1999, Reule purchased a unit in the Sherwood Valley I condominiums. All unit owners were members of the Sherwood Valley I Council of Co-Owners

2

(“SVI”). As

More...   $0 (07-12-2013 - TX)

P. David Newsome, Jr. v. William Gallacher

This case requires us to answer a classic personal jurisdiction question— who was injured, and where? The answer to that question will determine whether the representative of a Canadian-owned Delaware corporation operating exclusively in Oklahoma may sue the corporation’s Canadian officers and directors in Oklahoma.

To bring a suit, the plaintiff must show the defendants are subject to

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John F. Vecchio v. Randall D. Jones

This is a defamation suit arising out of a dispute between members of a homeowner’s association. In this appeal, we consider whether the trial court properly granted Randall D. Jones’s motion for summary judgment on John F.

2

Vecchio’s defamation claims against him. Specifically, we address (1) whether the statements were opinions, (2) substantially true, or (3) made with actua

More...   $0 (07-13-2013 - )

KTRK Television, Inc. v. Theaola Robinson

Following a series of news reports by KTRK Television, Inc. alleging financial mismanagement, Benji’s Special Education Academy (“BSEA”), a charter school, and Theaola Robinson sued KTRK. KTRK moved to dismiss the action pursuant to the then-recently enacted Texas Citizens Participation Act

2

(“TCPA”).1 In a written order, the trial court denied the motion. In five issues,

More...   $0 (07-11-2013 - TX)

Robert Writt v. Shell Oil Company and Shell International, E&P, Inc

Appellant, Robert Writt, challenges the trial court’s rendition of summary judgment in favor of appellees, Shell Oil Company and Shell International, E&P,

2

Inc. (collectively, “Shell”), in Writt’s suit against Shell for defamation. In two issues, Writt contends that the trial court erred in granting Shell summary judgment as Shell did not have an “absolute privilege,

More...   $0 (06-25-2013 - TX)

Pamela Kirkes v. Independent School District No. 10, Pushmataha County, OK aka Clayton Public Schools

Pamela Kirkes sued Independent School District No. 10, Pushmataha County, OK aka Clayton Public Schools, Jim Dominick and Judd Matthes claiming:

1. That all acts complained of herein occurred in Pushmatah County, State of Oklahoma. That Plaintiff provided proper notice to the Defendant Independent School District No.10 Pushmataha County, Oklahoma, a/k/a the Clayton Public Schools in accorda

More...   $0 (06-23-2013 - OK)

Janelle Burrill v. Jayraj Nair

This defamation action arises out of a contentious custody dispute that has made its way to this court five times.1 In the underlying case, Jayraj Nair persistently fought court-ordered efforts to reunify his former wife, Bindu, with their older son, Suraj. (We

__________________________

1 See Nair v. Superior Court (May 28, 2009, C061761) [summary denial of petition for writ of

More...   $0 (06-20-2013 - ca)

Classic Chevrolet, Inc. v. Travis Michael Frizell

Classic Chevrolet, Inc. sued Travis Michael Frizell and H. Wayne Cline on conversion, misappropriation and/or embezzlement theories.

The specifics of the claims made by Plaintiff are not available.

Travis Michael Frizell appeared and answered as follows:


1. Defendant admits the allegations contained in paragraph 1 of Plaintiff's Verified
Amended Petition.

More...   $0 (06-04-2013 - OK)

Chris and Ronda Turner v. Gerrell Beaty d/b/a Old School Construction and Carlene E. Beaty

Chris and Ronda Turner sued Gerrell Beaty d/b/a Old School Construction and Carlene E. Beaty claiming:

1. Plaintiffs are residents of Cleveland County.

2. Plaintiffs own the property at 10812 S. Eastside Drive in Oklahoma City,
Oklahoma.

3. Defendant, Gerrell Beaty dlbla Old School Construction, is an
Oklahoma company.

4. Defendant partially constructed

More...   $301172 (10-03-2012 - OK)

Maryland v. Alonzo Jay King, Jr.

gunbroke into a woman’s home in Salisbury, Maryland. He raped her. The police were unable to identify or apprehend the assailant based on any detailed description or other evidence they then had, but they did obtain from the victim a sample of the perpetrator’s DNA.
In 2009 Alonzo King was arrested in Wicomico County,Maryland, and charged with first- and second-degree assault for menacing

More...   $0 (06-03-2013 - )

Rehak Creative Services, Inc. v. Ann L. Witt

Rehak Creative Services, Inc. and Robert Rehak (collectively, “Rehak”) appeal from a final judgment granting a motion to dismiss in favor of appellees Ann L. Witt, Ellen Witt, Raymond Witt, and the Ann Witt Campaign (collectively, “Witt”). We affirm.

OVERVIEW

This appeal focuses on a recently enacted statute called the “Texas Citizens Participation Act,” which is codi

More...   $0 (05-21-2013 - TX)

United States of America v. James Paul Wright

The United States of America charged James Paul Wright, age 23, with conspiracy to commit robbery in violation of 18 U.S.C. 1951, attempted robbery in violation of 18 U.S.C. 1951, two counts of possession of firearm in furtherance of a crime of violence in violation of 18 U.S.C. 924 and carjacking in violation of 18 U.S.C. 2119. It also sought forfeiture of firearms pursuant to 28 U.S.C. 2461 in

More...   $0 (05-13-2013 - OK)

Manzoor Memon v. Haroon Shaikh

The defendant in this defamation case asks us to reverse the judgment and remand the case for a new trial. He argues that this result is required because the jury’s answer to the single actual-damages question was predicated on its findings that he published nine defamatory statements that he knew or should have known were false, but the evidence is legally insufficient that one of the statement

More...   $0 (05-02-2013 - TX)

Columbia Casualty Co. v. Curtis W. McGhee

The City of Council Bluffs, police officers Daniel Larsen, Lyle Brown, and David Dawson (collectively the City), and Curtis McGhee appeal from the district court’s order granting summary judgment to Chicago Insurance Company (CIC) and Columbia Casualty Company (Columbia), on CIC’s and Columbia’s declaratory judgment claims concerning coverage under various insurance policies. We affirm as to

More...   $0 (04-30-2013 - IA)

National Rifle Association, Inc. v. Bureau of Alcohol, Tobacco, Firearms and Explosives

Like other circuits, the panel adopted a two-step approach to interpretation of the Second Amendment. The first consideration is whether “the conduct at issue falls within the scope of the Second Amendment right” as shown by “historical traditions.” NRA v. ATF, 700 F.3d 185, 194 (5th Cir. 2012).

The second level of consideration is to apply a type of intermediate scrutiny based on

More...   $0 (04-30-2013 - TX)

District of Columbia v. Heller

We consider whether a District of Columbia prohibition on the possession of usable handguns in the home violates the Second Amendment to the Constitution.

I The District of Columbia generally prohibits the possession of handguns. It is a crime to carry an unregistered firearm, and the registration of handguns is prohibited. See D. C. Code §§7–2501.01(12), 7–2502.01(a), 7– 2502.02(a)

More...   $0 (06-26-2008 - DC)

Heritage Pacific Financial, LLC v. Maribel Monroy

Maribel Monroy executed two promissory notes with WMC Mortgage Corp. (WMC) when purchasing a home in Richmond, California in 2006 (the Richmond property). After a foreclosure on the senior deed of trust, Heritage Pacific Financial, LLC (Heritage) acquired Monroy‘s second promissory note from WMC. Heritage sent Monroy a letter attached to a complaint and summons advising her that Heritage had fil

More...   $0 (04-25-2013 - CA)

Tarla Makaeff v. Trump University, LLC

No one would deny that Donald Trump, the real estate magnate, television personality, author, and erstwhile presidential candidate, cuts a celebrated, if controversial, public figure. We must decide whether Trump University, LLC, a private, for-profit entity purporting to teach Trump’s “insider success secrets,” is itself a public or limited public figure so as to implicate the First Amendme

More...   $0 (04-18-2013 - CA)

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