Libel Law
 
Joseph E. Hancock v. Easwaran P. Variyam

Appellant, Joseph E. Hancock, appeals from a judgment entered in a defamation action in favor of Appellee, Easwaran P. Variyam, following a jury trial. In support, Hancock presents three issues: (1) whether the trial court erred in finding as a matter of law that Hancock's written statements were libel per se; (2) whether Variyam's evidence of damages is legally and factually insufficient; and (

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Northern Security Insurance Company v. Michael Connors

The petitioner, Northern Security Insurance Company (Northern Security), appeals an order of the Superior Court (McHugh, J.), denying its motion for summary judgment and granting the cross-motion for summary judgment of respondent Michael Connors. The trial court ruled that Northern Security has a duty to defend respondent Connors in a civil lawsuit pending in Rockingham County Superior Court, Rei

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Mohan Papudesu, M.D. v. Medical Malpractice Joint Underwriting Association of Rhode Island

This appeal requires us to answer the following narrow but important question: what duties, if any, does an insurer owe to its insured before settling a medical malpractice claim when the malpractice policy at issue contains language that accords great discretion to the insurer with respect to the settlement of a claim?

The exact language at issue in this case is: "The [insurance] company

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Steven Charles Russo v. Kelly Goodness, M.D.

Appellant Steven Charles Russo appeals the trial court's order granting Dr. Kelly Goodness's motion for summary judgment. We will reverse the trial court's judgment.

Background Facts

The underlying cause of action concerns allegedly libelous statements that Goodness made regarding Russo's state of mental health. The statements were in an affidavit executed by Russo's form

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Cynosure, Inc. v. St. Paul Fire and Marine Insurance Company and St. Paul Guardian Insurance Company

This is a declaratory judgment action to determine coverage under a commercial policy insuring against liability for injury caused by advertising. The plaintiff Cynosure, Inc., is the defendant in an underlying civil action charging it with responsibility for sending commercial fax messages "without consent from the recipients” in violation of the Telephone Consumer Protection Act, 47 U.S.C.

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Wallace C. Leyshon v. Diehl Controls North America, Inc.

The plaintiff, Wallace C. Leyshon, brought suit against the defendants, Diehl Controls North America, Inc. (DCNA) and Christoph Weigand,1 alleging their breach of an employment contract, violation of the Illinois Wage Payment and Collection Act (820 ILCS 115/1 et seq. (West 2006)), and defamation. Following trial, the jury returned a verdict for the plaintiff and awarded damages. On the defamation

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Cynosure, Inc. v. St. Paul Fire and Insurance Company

This is a declaratory judgment action to determine coverage under a commercial policy insuring against liability for injury caused by advertising. The plaintiff Cynosure, Inc., is the defendant in an underlying civil action charging it with responsibility for sending commercial fax messages "without consent from the recipients” in violation of the Telephone Consumer Protection Act, 47 U.S.C.

More...   $0 (05-12-2011 - MA)

Wade Brady v. Carter Publishing, Inc. d/b/a Fort Bend Star

Wade Brady sued the Fort Bend Star newspaper on a libel theory claiming that journalist LeaAnn Klentzman wrote an article that falsely said that he tape-recorded meetings between Brady's father, Fort Bend County Chief Deputy Craig Brady, and deputies involved in a 2001 traffic stop that ended with the younger Brady being ticketed as a minor in possession of alcohol.

The libel lawsuit, file

More...   $1000000 (05-07-2011 - TX)

Novell, Inc. v. Vigilant Insurance Company

Plaintiff-Appellant Novell, Inc. ("Novell”) appeals from the district court's grant of summary judgment in favor of Defendant-Appellee Vigilant Insurance Company ("Vigilant”). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

Background

On January 20, 2004, SCO Group ("SCO”) sued Novell in state court in Utah, alleging a single cause of action—sla

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Dr. Penny M. Wilkie v. United States Department of Health and Human Services

Dr. Penny M. Wilkie filed suit against the United States Department of Health and Human Services ("the Department"), alleging, inter alia, that the Department violated her rights under Title VII of the Civil Rights Act of 1964. Specifically, Dr. Wilkie asserted that the Department violated her rights to (1) be free of sexual harassment and gender discrimination; (2) be free of a hostile work envir

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Mohan Papudesu, M.D. v. Medical Malpractice Joint Underwriting Association of Rhode Island

This appeal requires us to answer the following narrow but important question: what duties, if any, does an insurer owe to its insured before settling a medical malpractice claim when the malpractice policy at issue contains language that accords great discretion to the insurer with respect to the settlement of a claim?

The exact language at issue in this case is: "The [insurance] company m

More...   $0 (04-18-2011 - RI)

David A. Bentkowski v. Scene Magazine, aka Cleveland Scene

Plaintiff-Appellant David A. Bentkowski, the Mayor of Seven Hills, Ohio, sued Defendants-Appellees Scene Magazine, Cleveland Scene Publishing, LLC, Cleveland Scene, LLC, and Village Voice Media Holdings LLC for defamation arising from an article published in a weekly publication called Cleveland Scene. The district court granted Appellees' motion for summary judgment and Bentkowski appeals. In add

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Leodegaria Sanchez Pontigon v. Udis Sanchez Lord

This is an appeal from the registration of a Canadian defamation judgment. We reverse. Because only questions of law are at issue, we review de novo. State ex rel. Nixon v. Griffin, 291 S.W.3d 817, 819 (Mo. App. W.D. 2009).

The appellant, Ms. Lord, is an American citizen, resident of St. Charles County, Missouri, who was born in the Philippines. The respondent, Leodegaria Sanchez, is Ms. Lo

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David A. Bentkowski v. Scene Magazine, aka Cleveland Scene

Plaintiff-Appellant David A. Bentkowski, the Mayor of Seven Hills, Ohio, sued Defendants-Appellees Scene Magazine, Cleveland Scene Publishing, LLC, Cleveland Scene, LLC, and Village Voice Media Holdings LLC for defamation arising from an article published in a weekly publication called Cleveland Scene. The district court granted Appellees' motion for summary judgment and Bentkowski appeals. In add

More...   $0 (04-19-2011 - OH)

Rodney Graves v. Amber Bowles, et al.

Plaintiff-appellant Rodney Graves was arrested under the mistaken belief that he robbed the U.S. Bank in Glasgow, Kentucky on August 10, 2007.

The Glasgow police conducted the investigation that resulted in the warrant for Graves's arrest, and the Kentucky State Police Special Response Team carried out that arrest on August 15, outside of Glasgow's jurisdiction. The next day, police learn

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J & M Lumber and Construction Company, Inc. v. J. Robert Smyjunas, Jr.

In these consolidated cases, the defendant, J. Robert Smyjunas, Jr., appeals the jury verdict against him in favor of the plaintiff, J & M Lumber and Construction Company, Inc. (J & M), and J & M appeals the decision of the Superior Court (Vaughan, J.) to award prejudgment interest from the date of J & M's 2008 writ of summons. We affirm.

I. Background

The record reveals the followin

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Dean J. Waterfield v. Meredith Corporation

The plaintiff, Dean J. Waterfield, appeals an order of the Superior Court (Barry, J.) granting summary judgment in favor of the defendants, Meredith Corporation, John Doe Anchorperson(s), and John Doe On-Site Reporter. We affirm in part, reverse in part, and remand.

The trial court found or the record supports the following facts. In March 2001, the plaintiff married Stephanie Waterfield.

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Bill Grogan v. Kokh, LLC

¶1 Plaintiff Bill Grogan appeals the order of the district court granting the motion for summary judgment filed by KOKH, LLC, a foreign limited liability company, Andrew Spino, Jaime Cerreta, and Matt Austin (KOKH defendants). Oral Argument was conducted in this case on March 5, 2010. The appeal has been assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36 (b), 12 O.S.

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Kim Priebe v. Beverly Priebe A'Hearn

Priebe filed suit against her stepmother Beverly A'Hearn, alleging defamation and intentional infliction of emotional distress. The trial court granted A'Hearn's motion for directed verdict on the defamation claim. After a trial on the merits, the jury found A'Hearn liable for intentional infliction of emotional distress and awarded Priebe mental anguish damages and nominal exemplary damages. T

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Cathy A. Anderson v. American Federation of Government Employees, AFL-CIO

In this appeal, we decide whether a federal government employee's state law tort claims against a labor union are completely preempted by the Civil Service Reform Act of 1978. See 5 U.S.C. §§ 2301–2305 (West 1994 & Supp. 2010), 5 U.S.C. §§ 7101–7154 (West 1996 & Supp. 2010) (West 2010). Finding no complete preemption under the circumstances presented in this case, we re

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Kenneth O. Kennedy v. City of Villa Hills, Kentucky

Kenneth O. Kennedy was embroiled in a zoning dispute about the expansion of a strip mall next to his home. In May 2005, he approached Joseph Schutzman, a police officer and building inspector, in the Villa Hills city building. Refusing to speak to Kennedy, Schutzman left the city building.

Kennedy told nearby city workers in the building that "that son of a bitch [Schutzman] broke all of th

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Kenneth O. Kennedy v. City of Villa Hills, Kentucky

Kenneth O. Kennedy was embroiled in a zoning dispute about the expansion of a strip mall next to his home. In May 2005, he approached Joseph Schutzman, a police officer and building inspector, in the Villa Hills city building. Refusing to speak to Kennedy, Schutzman left the city building. Kennedy told nearby city workers in the building that "that son of a bitch [Schutzman] broke all of the zonin

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TTHR, L.P. d/b/a Presbyterian Hospital of Denton v. Amanda Coffman

TTHR, L.P. d/b/a Presbyterian Hospital of Denton (Presbyterian) appeals the denial of its motion to dismiss filed pursuant to Texas Civil Practice and Remedies Code section 74.351(b). See Tex. Civ. Prac. & Rem. Code Ann. § 74.351 (Vernon 2011). Presbyterian asserts that the suit filed against it by Appellee Amanda Coffman was a health care liability claim, subject to the requirements of chapt

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John M. Shanahan v. State Farm General Insurance Company

Cheryl Skigin sued her employer John M. Shanahan and companies owned by him for sexual harassment, gender discrimination, marital status discrimination, religious discrimination, retaliation, sexual battery, breach of oral contract, fraud and deceit, breach of written contract, and wrongful termination. Shanahan settled the lawsuit for $700,000.

Shanahan had a renter"s insurance policy and

More...   $0 (03-17-2011 - CA)

Selim Zherka v. Philip Amicone

Under the law of this Circuit, the viability of a prima
16 facie First Amendment retaliation claim depends on context.
17 Private citizens alleging retaliation for their criticism of
18 public officials must show that they engaged in protected
19 speech, persons acting under color of state law took adverse
20 action against them in retaliation for that speech, and the
21 re

More...   $0 (03-02-2011 - NY)

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