| Patricia Vice and Kathie Slotter v. Daniel J. Kasprzak, Patricia C. Kasprzak, and Katherine D. Kasprzak |
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In this defamation suit, appellants, Patricia Vice and Kathie Slotter, bring an interlocutory appeal challenging the trial court's order that denied their summary judgment motion in favor of the appellees, Daniel J. Kasprzak, Patricia C. Kasprzak, and Katherine D. Kasprzak. In nine issues, Vice and Slotter argue that the trial court erred in denying summary judgment on three publications because ( $0 (10-01-2009 - TX) |
| Tony Cantu v. John E. Maher, Thomas Tollett and Tommy's Seafood Restaurant |
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In two issues, appellant, Tony Cantu, seeks reversal of an order dismissing his suit against appellees, John Maher, Thomas Tollette, and Tommy=s Seafood Steakhouse, following the trial court=s finding of discovery abuse, and further finding that this case is groundless and brought in bad faith and for the purpose of harassment. Because all dispositive issues of law are settled, we issue this memor $0 (08-25-2009 - TX) |
| David C. Davidson v. Seneca Crossing Section II Homeowner’s Association, Inc., et al. |
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Appellant, David S. Davidson, initiated this litigation by filing suit against appellees, Seneca Crossing Section II Housing Association, Inc. ("the Associationâ€), Azadeh Kaider ("Azadehâ€), Brian Kaider ("Brianâ€), Lourdes Sandoval ("Lourdesâ€), and Santiago Sandoval ("Santiagoâ€).1 The individual appellees are past and present members of the Association's Board of Direc $0 (08-31-2009 - MD) |
| Letitia C. Abromats, Philip E. Abromats v. Don Wood and Brenda Wood |
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[¶1] Philip and Letitia Abromats request relief from summary judgment granted to Don and Brenda Wood, claiming that the district court erred when it found that one allegedly defamatory statement contained in a victim impact statement was not libel per se and that the other allegedly defamatory statement was protected by qualified immunity as a statement concerning a common interest. The Woods, in $0 (08-26-2009 - WY) |
| Russell Christoff v. Nestle USA, Inc. |
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In 1986, professional model Russell Christoff was paid $250 to pose for a photograph to be used in Canada on a label for bricks of coffee. Sixteen years later, Christoff saw his face on a jar of Taster"s Choice instant coffee in the United States and discovered that his image had been used without his consent on millions of labels sold internationally for the preceding five years. Christoff filed $0 (08-17-2009 - CA) |
| David N. Missner v. Robert A. Clifford |
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In this defamation action, plaintiff David N. Missner appeals from an order in which the circuit court converted defendant Robert A. Clifford's motion to dismiss under section 2- 619(a)(9) of the Code of Civil Procedure (Code) (735 ILCS 5/2-619(a)(9) (West 2006)) into a motion for summary judgment under section 2-1005 of the Code (735 ILCS 5/2-1005 (West 2006)), and subsequently granted summary ju $0 (08-12-2009 - IL) |
| Kim Hackler, et al. v. N.D., Ingrid DePinto, et al. |
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This is a summary judgment appeal. Seventh- and eighth-grade students in a middle-school journalism class made verbal and written statements to their journalism teacher, to other school officials, and to on-campus police following a classroom incident involving a fellow classmate, C.H. In the statements, the students accused C.H. of making threats to them.[2] As a result of the statements, Appe $0 (07-16-2009 - TX) |
| Lainie Whitmire v. National Cutting Horse Association |
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In three issues, Appellant Lainie Whitmire appeals the summary judgment entered against her and in favor of Appellee National Cutting Horse Association (the NCHA). We will affirm in part and reverse and remand in part. |
| Kimberly Connor v. Archdiocese of Philadelphia, et al. |
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The single issue presented in the instant case is whether the civil courts of this Commonwealth have subject-matter jurisdiction over a tort suit alleging defamation and negligent infliction of emotional distress arising out of a parochial school's expulsion of a student for allegedly bringing a weapon to school, and the school's communication of the expulsion to the school community. Citing the l $0 (07-20-2009 - PA) |
| Federal Insurance Company v. Binney & Smith, Inc., a subsidiary of Hallmark Cards, Inc. |
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This insurance indemnity action is drawn by the packaging of boxes of crayons and colored by the expense of settling a lawsuit directed at the packaging. |
| Robert D. Ballard v. Augustina Garcia Nuncio |
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Robert D. Ballard sued Augustina Garcia Nuncio on libel and slander theories. |
| Zango, Inc. v. Kaspersky Lab, Inc. |
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We must decide whether a distributor of Internet security software is entitled to immunity under the safe harbor provision of the Communications Decency Act of 1996, 47 U.S.C. § 230, from a suit claiming that its software interfered with the use of downloadable programs by customers of an online media company. |
| David N. Missner v. Robert A. Clifford |
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In this defamation action, plaintiff David N. Missner appeals from an order in which the circuit court converted defendant Robert A. Clifford's motion to dismiss under section 2- 619(a)(9) of the Code of Civil Procedure (Code) (735 ILCS 5/2-619(a)(9) (West 2006)) into a motion for summary judgment under section 2-1005 of the Code (735 ILCS 5/2-1005 (West 2006)), and subsequently granted summary ju $0 (05-20-2009 - IL) |
| Jack McLeod v. State of Montana, acting by and through the Montana Department of Transporation, and Sue Hoell, et al. |
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¶1 Jack McLeod appeals from the order of the First Judicial District Court, Lewis and Clark County, granting summary judgment in favor of defendants Sue Hoell and the State of Montana on McLeod's libel, slander, and malicious prosecution claims. We affirm. |
| Elizabeth Quintero v. Matthew Rodgers |
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¶1 Elizabeth Quintero ("Quinteroâ€), widow to and personal representative of the estate of Luis Anaya Soto ("Sotoâ€), appeals summary judgment in favor of Matthew and Jane Doe Rodgers. For the following reasons, we affirm in part and reverse in part. |
| Cecilia L. Barnes v. Yahoo!, Inc. |
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We must decide whether the Communications Decency Act of 1996 protects an internet service provider from suit where it undertook to remove from its website material harmful to the plaintiff but failed to do so. |
| Marcus Yono, Livingston Building Company, LLC and Suttons Pointe Development, LLC v. Eric Carlson and Leelanau Enterprises, Inc. |
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Plaintiffs appeal by delayed leave granted from the trial court's order granting defendants' motion for change of venue. We affirm. The facts submitted established that plaintiff Yono is a resident of Livingston County. He is also the sole member of plaintiff Livingston Building Company, L.L.C., a construction company based in Livingston County, and is a member and manager of plaintiff Suttons Poi $0 (04-28-2009 - MI) |
| David A. Kipper, M.D., et al. v. NYP Holdings Co., Inc., &c. |
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In this appeal, we must determine whether the summary judgment record contains clear and convincing evidence that defendant published a false and defamatory statement concerning the revocation of plaintiff's medical license with "actual malice," as defined in New York Times Co. v Sullivan (376 US 254 [1964]). Because it does not, we affirm the Appellate Division's grant of summary judgment to defe $0 (04-30-2009 - NY) |
| Centennial Insurance Company v. Robert Patterson |
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In this insurance coverage dispute, appellant-insurer Centennial Insurance Company ("Centennial") seeks review of the district court's grant of summary judgment to appellee-insured veterinarian Dr. Robert Patterson. The district court declared that Centennial was obligated under an insurance policy to legally defend Patterson in a lawsuit instituted against him by Carol Murphy. After careful cons $0 (04-30-2009 - ME) |
| William Ritchie, et al. v. Scott A. Krasner, M.D., et al. |
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¶1 Dr. Scott A. Krasner, Terri Lee Krasner, and Scott A. Krasner, M.D., P.C. (together, "Krasnerâ€) appeal the jury verdict in favor of William Ritchie, Darlene Ritchie, and Korbin Underwood (together, "Ritchiesâ€). Krasner raises several issues on appeal. We hold that, even absent a formal doctor-patient relationship, a doctor conducting an Independent Medical Examination ("IMEâ€) $0 (04-21-2009 - AZ) |
| City of Sterling Heights, Micigan v. United National Insurance Co. |
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This case involves a long-running (six years and counting) insurancecoverage dispute between the City of Sterling Heights, Michigan, and one of its insurance carriers, United National Insurance. The case arises out of lawsuits filed by Hillside Productions against the City based on alleged misconduct by city officials, and the question at hand primarily concerns United's liability for a portion of $0 (03-31-2009 - MI) |
| Larry Darnell Pinson v. Equifax Credit Information Services, Inc.; CSC Credit Servicds; Experian Information Solutions; Trans Union, LLC; Capital One Services, Inc.; Capital One Bank FSB; Litton Loan Servicing, LP |
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Appellants Larry and Lennelle Pinson brought this action under the Fair Credit Reporting Act (FCRA), 15 U.S.C. §§ 1681 - 1681x, against Appellees Equifax Credit Information Services, LLC; CSC Credit Services; Experian Information Solutions, Inc.; Trans Union, LLC, (collectively, "consumer reporting agencies†or "CRAsâ€); Capital One Services, Inc.; Capital One Bank FSB (collective $0 (03-10-2009 - OK) |
| The Nethercutt Collection, et al. v. Michael Regalia |
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We hold statements by defendants that plaintiff, an automobile museum president, (1) demanded a commission or a finder"s fee to which he was not entitled, and (2) was fired because other employees would not work for him and would leave if he stayed, should have been presented to the jury as slander per quod rather than as slander per se. Accordingly, we reverse the judgment in favor of plaintiff. $0 (03-21-2009 - CA) |
| Avalon RF v. WiFi Wireless, Inc. |
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Avalon RF sued WiFi Wireless, Inc. on breach of contract and trade libel theories claiming that WiFi breached its agreement to buyout Avalon RF and engaging in trade libel. |
| Angela Victoria Woodhull, Ph.D. v. Carolyn Meinel |
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{1} Angela V. Woodhull, Ph.D. (Plaintiff), acting pro se, appeals the trial court's grant of summary judgment in favor of Carolyn Meinel (Defendant). The trial court ruled that the applicable New Mexico statute of limitations and 47 U.S.C. § 230 (1998), the Communications Decency Act of 1996 (CDA), both bar Plaintiff's defamation claim. Plaintiff's appeal presents the first opportunity for $0 (01-07-2009 - NM) |
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