09-4958-cv
Doe v. Bin Laden
1 UNITED STATES COURT OF APPEALS
2
3 FOR THE SECOND CIRCUIT
4
5
6
7 August Term, 2010
8
9 (Argued: October 15, 2010 Decided: November 7, 2011)
10
11 Docket No. 09-4958-cv
12
13
14
15 JOHN DOE, in his capacity as the executor of the estate of JANE DOE, in his personal capacity,
16 and as the personal rep

¶1 Meril Curtis (Curtis) appeals from an order of the Fourth Judicial District Court, Missoula County, finding in favor of Citibank, South Dakota, N.A. (Citibank) on Citibank's Motion for Judgment on the Pleadings. We reverse and remand.

¶2 Curtis argues several issues, which we reframe as follows: Did the District Court err in determining that Curtis' state law claims were preempted by t

¶1 Frederick C. Berry, Jr. and Carolyne W. Berry, as Trustees of a family trust (hereinafter "Berry”), filed suit against 352 E. Virginia, L.L.C. (hereinafter "352”) for breach of an agreement1

¶2 For reasons that follow, we affirm in part, vacate in part, and remand for further proceedings. for Berry to sell an office building to 352. Both sides submitted offers of judgment p

This matter involves a defamation action filed by appellant Yuin University (Yuin) against respondent Korean Broadcasting System (KBS) for a news broadcast which characterized Yuin as a "degree factory.” Judgment was entered for KBS on Yuin"s libel claim. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

I. The Broadcast

On September 2, 2007, KBS broadcast a segm

In this appeal from a jury verdict in favor of Rebecca West for actual and punitive damages on a defamation claim, we address the "fair report privilege" and whether West introduced sufficient evidence of Appellants' fault. We find the trial court properly handled the fair report privilege and properly submitted to the jury the question of whether West presented sufficient evidence of fault as to

Ursula Marisol Funes and Mauricio Funes appeal the trial court's judgment in favor of Ernesto Antonio Villatoro on numerous grounds. Villatoro also appeals, contending that the trial court erred by failing to award him "attorney's fees for a successful appeal.” We affirm in part, reverse and render in part, and reverse and remand in part.

Overview

Villatoro and his brother-in

Plaintiff Mark Christopher "Chris” Sevier authored a song entitled "Better.” Defendant Shanna Crooks recorded the song and, because they were pleased with the results, they co-authored and recorded a second song, "Watching Me Leave.” Their relationship then collapsed, Crooks signed as a recording artist with unrelated recording and management companies, and various accusatio

Documents produced in discovery and filed in the bankruptcy court contained allegations that Fathers M and D, two priests who were not parties to the Portland Archdiocese's bankruptcy case, had sexually abused children. The bankruptcy court held that the discovery documents at issue could be disclosed to the public, because the public's interest in disclosure of these discovery documents outweighe

Donald Trump, the plaintiff in a suit for defamation, appeals from a Law Division order granting summary judgment to defendants, Timothy O'Brien, the author of TrumpNation, The Art of Being The Donald, and his publishers, Time Warner Book Group, Inc. and Warner Books, Inc.1 On appeal, Trump contends that he produced clear and convincing evidence of actual malice on the part of O'Brien and that iss

In 1975, the Governor convened the California Legislature in an extraordinary session to consider measures aimed at remedying what he described as "serious problems that had arisen throughout the state as a result of a rapid increase in medical malpractice insurance premiums.” (American Bank & Trust Co. v. Community Hospital (1984) 36 Cal.3d 359, 363 (American Bank).) As a result, the Legisl

Appellants[1] filed this lawsuit against Appellee Bell Helicopter Textron, Inc.[2] on January 25, 2002, alleging, among other things, strict products liability and negligence, relating to the crash of a Bell 407 helicopter. The case proceeded to a jury trial in August 2007, and the jury returned its verdict on September 17, 2007. The jury found that there was a design defect in the helicopter; t

¶1 Plaintiff Joseph A. Graziano ("Graziano”) appeals from an order of the Twenty-First Judicial District Court, Ravalli County, granting Defendants' Stock Farm Homeowners Association, Inc. ("Association”) and Stock Farm, LLC ("SFLLC”) motion to stay proceedings and compel arbitration. We affirm in part, reverse in part, and remand for further proceedings consistent with this Opi

Hershel Oscar Rosenbaum ("Rosenbaum”) and his children appeal the district court's order granting the defendants' motion for summary judgment on the grounds of qualified immunity.

Rosenbaum was arrested as he stood outside a fair selling promotional tickets that he had received for free from a radio station. He was wearing a t-shirt with the logo of the station; his children, ages eig

¶1 Does civil liability for the tort of perjury exist in this state? This is the foremost question which arises from the sustention of a demurrer to plaintiff's cause of action for perjury and pretrial deceit. A procedural problem concerning our jurisdiction to review will be preliminarily disposed of sua sponte. We hold that civil liability for the tort of perjury does lie in this state but that

Freddie McKnight ("McKnight”) filed a complaint in Elkhart Superior Court against Curtis Hill Jr. ("Hill”), the County Prosecutor, and William Wargo, Sr. ("Wargo”), an investigator for the Prosecutor"s Office, for statements they made to the press concerning McKnight"s identification of individuals involved in the Elkhart County drug trade. Specifically, McKnight claimed that Hil

Pursuant to the Federal Tort Claims Act (the FTCA), Joan Najbar filed this lawsuit against the United States alleging four state-law causes of action. The district court granted the government's motion to dismiss for lack of subject-matter jurisdiction, and Najbar appeals. We affirm, although on a ground different from that relied on by the district court.

I.

The government argues th

In this interlocutory appeal, Jerry Wilkerson appeals the trial court's order denying his special appearance. Appellee RSL Funding, L.L.C. sued Wilkerson for defamation, libel, and business disparagement, all based upon statements made by Wilkerson on third-party internet sites. In his sole issue, Wilkerson contends the trial court erred in denying his special appearance and objection to jurisdi

This appeal requires us to consider the contours of the ministerial exception, under the first amendment to the United States constitution,1 to Connecticut courts' subject matter jurisdiction over certain employment related claims brought against religious institutions. The plaintiff, Patricia Dayner, brought this action against the defendants, the Archdiocese of Hartford (archdiocese) and Father

Can you win damages in a defamation suit for being called a member of the Aryan Brotherhood prison gang on cable television when, as it happens, you have merely conspired with the Brotherhood in a criminal enterprise? The answer is no. While the statement may cause you a world of trouble, while it may not be precisely true, it is substantially true. And that is enough to call an end to this litiga

Randy Hoffer challenges the district court's dismissal of three of his five tort claims against the City of Boise (the City). The district court dismissed Hoffer's claims of tortious interference with contract and defamation against the City because it held as a matter of law that under the Idaho Tort Claims Act (ITCA) and this Court's holding in Sprague v. City of Burley, 109 Idaho 656, 710 P.2d

Sohrab Devitre appeals the judgment of the St. Louis County circuit court dismissing his lawsuit with prejudice for failure to file a health care affidavit pursuant to section 538.225.1 Mr. Devitre argues that the trial court abused its discretion in dismissing the lawsuit because he was not a patient of Mitchell B. Rotman, M.D., or of The Orthopedic Center of St. Louis, LLC, and the independent m

After a bench trial, defendants Omega Psi Phi Fraternity, Inc., and Tenth District were found liable for defamation per se of plaintiff, Gerald McCarthy. Although defendants raised a number of issues on appeal, the dispositive issue is whether plaintiff's amended complaints adding defendants were barred by the statute of limitations. The resolution of this issue depends on whether plaintiff made a

Pedro Ivan Rivera appeals the district court's order dismissing his case. For the reasons that follow, we AFFIRM.

Although Dr. Rivera also argues on appeal that the District Court for the District of 1 Columbia erred in transferring his case, he did not properly appeal the order of transfer, and Case: 11-50030 Document: 00511529671 Page: 1 Date Filed: 07/05/2011

I.

Dr. Rivera

Stephen Dennis sued Teresa Watson and RomeNewsbyWatson.com, Inc. on a libel theory claiming that Defendants posted a slanderous anonymous comment on RomeNewsbyWatson.com that claimed that he had engaged in immoral activities.

The defenses asserted by Defendants are not available.

Plaintiff Yan Sui appeals from the judgment dismissing with prejudice his action against defendants Stephen D. Price and 2176 Pacific Homeowners Association after the court sustained without leave to amend defendants" demurrer to plaintiff"s complaint. The court ruled the complaint did not state facts sufficient to constitute a cause of action and could not be fixed. We affirm.

FACTS