Libel Law
 
Paul Bariteau v. PNC Financial Services Group, Inc., et al.

In the late 1990s, Paul Bariteau lost nearly $14 million that he had invested in the Military Channel after the company's vice president and chairman, Lenny Krane, made several unauthorized withdrawals from the company's account with PNC Bank.

In 2006, after obtaining a default judgment against the judgment-proof Krane, Bariteau filed a complaint against PNC, alleging that PNC had breached

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Vincent R. Biskupic v. Stacey Cicero, et al.

Vincent Biskupic is a former Outagamie County District Attorney and an unsuccessful candidate for Wisconsin Attorney General. He claims he was defamed by a newspaper article published by the Shawano Leader in August 2004. The article incorrectly stated Biskupic had been involved in bribery and graft.

2 Biskupic sued eight defendants, including the Leader, several of its employees,

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James R. Donohoo v. Action Wisconsin, Inc. and Christopher Ott

The petitioners, Action Wisconsin, Inc., and Christopher Ott, seek review of an unpublished court of appeals decision reversing a circuit court judgment that required attorney James R. Donohoo to pay costs and attorney fees for filing and maintaining a defamation lawsuit that was frivolous.[1] The defamation lawsuit was commenced in response to a press release issued by Action Wisconsin.

2

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Mark Mendes and Dan Waller v. Anna Paula P. da Silva

Respondent Anna Paula P. da Silva, the former school director of Church of the Isles Community Christian School, sued Petitioners Mark Mendes, the Church's Senior Minister, and Dan Waller, the Church's Moderator, for libel and slander. Mendes and Waller moved to dismiss the complaint on First Amendment grounds, claiming that "the continued litigation of the action would require the court to ex

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Simpson Strong-Tie Company, Inc. v. Pierce Gore, et al.

An attorney published a newspaper advertisement stating that users of certain brand name galvanized screws under specified circumstances "may" have legal rights to compensation or other relief. The manufacturer of one of the named brands brought this action for defamation, trade libel, false advertising, and unfair business practices. We are called upon to decide: (1) Is this a strategic lawsu

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BASF AG v. Great American Assurance Co., et al.

This insurance-coverage action represents the third case in a series of lawsuits stemming from the marketing of Synthroid, a synthetic thyroid drug. See In re Synthroid Mktg. Litig., 264 F.3d 712 (7th Cir. 2001); Knoll Pharm. Co. v. Auto. Ins. Co., 152 F. Supp. 2d 1026 (N.D. Ill. 2001). The first case - a multidistrict litigation - consolidated numerous class actions filed by consumers and

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SDV/ACCI, Inc. v. AT&T Corporation

Plaintiffs SDV/ACCI, Tonia Metz and Gerald Metz brought this action against AT&T and one of its employees, Margaret Roman, alleging that Ms. Roman defamed the plaintiffs in the course of her employment. The district court granted summary judgment for the defendants, ruling that the Metzes were not proper plaintiffs, and that the allegedly defamatory statements were conditionally privileged.

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Fair Housing Council of San Fernando Valley, et al. v. Roommates.com, LLC

We plumb the depths of the immunity provided by section 230 of the Communications Decency Act of 1996 ("CDA").

Facts

Defendant Roommate.com, LLC ("Roommate") operates a website designed to match people renting out spare rooms with people looking for a place to live.2 At the time of the district court's disposition, Roommate's website featured approximately 150,000 active listings

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Danny Fitzgerald v. Action, Inc.

Danny Fitzgerald appeals the district court's grant of summary judgment in favor of his former employer, Action, Inc., on his claims of age discrimination and interference with employment benefits. We affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.

I

The facts, viewed in the light most favorable to Fitzgerald, Dush v. Appleton Elec.

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Integrity Floorcovering, Inc. v. Broan-Nutone, LLC

In this diversity action, Integrity Floorcovering, Inc. (Integrity) and Chicago Avenue Partners, Ltd. (CAP) (collectively, plaintiffs), filed separate suits against Broan-Nutone, LLC (Broan), the manufacturer of a bathroom ventilation fan which allegedly malfunctioned and separately damaged an apartment building owned by CAP and a commercial warehouse building owned by Integrity.1 Broan moved

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Raymond Manzarek v. St. Paul Fire & Marine Insurance Company

We hold that the district court erred by dismissing Raymond Manzarek's and Doors Touring, Inc.'s ("DTI") amended complaint because the underlying complaints raised at least the potential for coverage under the operative insurance policies. We further hold that the district court abused its discretion by not giving Manzarek and DTI an opportunity to amend their complaint. We have jurisdiction

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Cheryl D. Jacobson v. Kevin Leisinger

[1.] This opinion encompasses two separate appeals dealing with the same parties but involving independent issues and facts. Each will be addressed separately. In #24991, Cheryl Jacobson appeals the circuit court's decision denying her request for attorney fees, and in #24492 & #24498, Kevin Leisinger appeals the circuit court's dismissal of his defamation action against Jacobson.

JACOBSON'S

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Joyce Schelling v. R. Kenneth Lindell, Jr.

[1] This case invites us to address Maine's anti-SLAPP1 statute, 14 M.R.S. § 556 (2007), in the context of political, and possibly defamatory, speech contained in a Legislator's letter to the editor. In doing so, we conclude that the suit against the defendant cannot proceed.

[2] R. Kenneth Lindell appeals from an order denying his special motion to dismiss filed pursuant to 14 M.R.S. Â

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State of Kansas, ex rel. Paul J. Morrison v. The Honorable Kathleen Sebelius

During the 2007 Kansas legislative session, the legislature passed and the governor signed House Substitute for Senate Bill No. 244 (H. Sub. S.B. 244), which substantially amended K.S.A. 21-4015 (Furse 1995), formerly known as the Kansas Funeral Picketing Act, and now, as amended, known as the Kansas Funeral Privacy Act, K.S.A. 21-4015. L. 2007, ch. 111, secs. 1-6. Although the legislature repeale

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Michael G. Kruse, d/b/a Security Mortgage Brokers v. Douglas M. McKenna

In this case we address whether the plaintiff, Douglas M. McKenna, has standing to assert in Colorado state court an assigned claim for violation of the facsimile transmission provisions of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 (2003) . This issue was raised for the first time on appeal to our court. Applying Colorado state law, we find that a claim for liquidated damages

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Imperial Apparel, Ltd., et al. v. Cosmo's Designer Direct, Inc., et al.

Imperial Apparel, Ltd. (Imperial); its owner, Paul Rosengarten; and an Imperial employee named Cyril Rosengarten brought an action in the circuit court of Cook County against Cosmo's Designer Direct, Inc. (Cosmo's), and the Chicago Sun-Times (the Sun-Times) alleging that an advertisement for Cosmo's published by the Sun-Times constituted defamation per se, defamation per quod, false light in

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Katie M. Klida v. Gregory S. Braman, et al.

Defendant, Farm Bureau General Insurance Company of Michigan (Farm Bureau), appeals as of right the denial of its motion for summary dismissal of plaintiff's underinsured motorist claim on the ground that the one-year contractual limitation period in the insurance policy barred plaintiff's action.1 We affirm.

Plaintiff sustained injuries in a motor vehicle accident involving her mother's

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Richard Harrell v. Melvin Bowen

In this case we determine whether, as a matter of law, a claim for punitive damages may be asserted against a decedent's estate on the basis of his alleged "egregiously wrongful acts." We hold that it may not and therefore affirm the decision of the Court of Appeals.

BACKGROUND

On 19 May 2005, plaintiff Richard Harrell filed a summons and complaint initiating a civil action against M

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Karen Dudnikov and Michael Meadors v. Chalk & Vermilion fire Arts, Inc.

Plaintiffs are eBay "power sellers." Through the Internet auction site, they sell a variety of fabrics from their home in Colorado. This case concerns two of plaintiffs' prints, both of which play on famous images by the artist Erté, Symphony in Black and Ebony on White. While Erté's images depict elegant women walking aquiline dogs, plaintiffs' prints portray Betty Boop next to her aptly n

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Joseph Hudak v. Times Publishing Company d/b/a Erie Times-News, et al.

Joseph Hudak sued Times Publishing Company d/b/a Erie Times-News, et al. on a libel theory claiming that articles published by the paper relating to criminal charges filed against him by the Erie County District Attorney were incorrect because they reported civil disputes between him and his clients were illegal. The Erie district attorney claimed that Plaintiff took money from clients but fail

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Pat Ross and Carmen Gordon v. Eight Members of Delta Sigma Theta

Pat Ross and Carmen Gordon sued eight long-time members of the nation's second-oldest black sorority Delta Sigma Theta on a libel theory claiming that statements published by the defendants asserting that Ross exercised poor management while she served as sorority president and more than $100,000 went missing. They also claimed Ross and Gordon schemed to cover up the losses but had not taken a

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Erica D. Vitanza v. Sam H. James, Jr. a/k/a Samuel James

Defendant appeals from an order granting summary judgment to plaintiff on liability and denying defendant's motion to dismiss plaintiff's complaint which alleged libel and slander by defendant. However, leave to appeal was neither sought nor obtained.1 Accordingly, we dismiss the appeal.

We may grant leave to appeal from interlocutory orders, including those granting partial summar

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Richard Keith Alan II v. Palm Beach Newspapers, Inc. d/b/a The Palm Beach Post

Richard Keith Alan, II, appeals the trial court's final order of summary judgment in favor of Appellant, Palm Beach Newspapers, Inc., d/b/a The Palm Beach Post.

Alan, a practicing attorney, was arrested in 2004 and charged with accessory after the fact to murder, threats or extortion, tampering with a witness, and solicitation to commit perjury. After his acquittal in June 2005 he filed

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UnknownRachel Ehrenfeld v. Khalid Salim Bin Mahfouz

The United States Court of Appeals for the Second Circuit has certified to us the question of whether CPLR 302 (a) (1) confers personal jurisdiction over a person who "(1) sued a New York resident in a non-U.S. jurisdiction; and (2) whose contacts with New York stemmed from the foreign lawsuit and whose success in the foreign suit resulted in acts that must be performed by the subject o

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James D. Marcil v. Robert T. Kells, et al.

In August 2000, plaintiff James D. Marcil, a serviceman at the Providence Gas Company (Providence Gas),1 approached John F. Morris at Morris' store, Charron Supply, to discuss a campaign sign that was prominently displayed on the premises. The sign promoted the candidacies of defendants Robert T. Kells and Thomas C. Slater, who both were on the ballot in the Democratic primaries for the s

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