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Libel Law
 
Leonal Anthony Garcia-Garcia v. Costco Wholesale Croporation United States Court of Appeals for the First Circuit for the First Circuit

After approximately eleven
years of working his way up the Costco1 employment ladder,
appellant Leonal Anthony Garcia-Garcia2 (Garcia) was fired
following an investigation which revealed an inventory discrepancy
in the Meat Department that he managed. Garcia sued Costco in
federal court invoking diversity jurisdiction and alleging an
array of Puerto-Rico-based claims stemmi... More...
   $0 (12-30-2017 - PR)

STATE OF NEW JERSEY v. WILLIAM BURKERT Supreme Court of New Jersey

On September 30, 2011, Halton filed three separate complaints, alleging that Burkert committed the petty disorderly persons offense of harassment on January 8, 9, and 11, 2011, in violation of N.J.S.A. 2C:33-4(c).1 A three-day trial was held in
1 A petty disorderly persons offense is punishable by up to thirty days in jail. N.J.S.A. 2C:43-8.
5
the Elizabeth ... More...
   $0 (12-21-2017 - CT)

Justin Hammett v. Paulding County, Georgia, City of Dallas, Georgia, Nathalie D. Whitner and JOseph Mayfield Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

On October 17, 2012, police officers Joey Horsley, Nathalie Whitener, and
Joseph Mayfield, defendants-appellees in this case, executed a search warrant at a
private residence in Hiram, Georgia, intending to seize methamphetamines
suspected to be in the possession of Brenda Van Cleve. During the execution of
the warrant, a confrontation ensued. Each of the officers fired one shot, t... More...
   $0 (12-11-2017 - GA)

Joyce Bartholomew v. Youtube, LLC

We are asked in this case to decide whether a musician stated a claim for libel per
quod against the popular video viewing Web site, YouTube. When YouTube decided to
block access to Joyce Bartholomew’s video, it posted a statement that the video had
violated YouTube’s terms of service, a statement which also provided a hyperlink to a list
of examples and tips, a list YouTube called... More...
   $0 (12-03-2017 - CA)

Janice Dickinson v. William H. Cosby, Jr., Martin D. Singer

Plaintiff Janice Dickinson went public with her accusations
of rape against William H. Cosby, Jr. Cosby, in turn, through his
attorney, Martin Singer, reacted with (1) a letter demanding
media outlets not repeat Dickinson’s allegedly false accusation,
under threat of litigation (“demand letter”); and (2) a press
release characterizing Dickinson’s rape accusation as a lie (“pres... More...
   $0 (11-27-2017 - CA)

Hossein Shahbazian v. City of Rancho Palos verdes

Governments speak. They also petition. And they act in
ways that are neither speaking nor petitioning. It is important to
distinguish between the three, because Code of Civil Procedure
section 425.16 (section 425.16) may apply to the first two, but not
the third.
This case concerns whether the City of Rancho Palos
Verdes properly issued a permit for a fence separating twoMore...
   $0 (11-25-2017 - CA)

Hossein Shahbazian v. City of Rancho Palos Verdes

Governments speak. They also petition. And they act in
ways that are neither speaking nor petitioning. It is important to
distinguish between the three, because Code of Civil Procedure
section 425.16 (section 425.16) may apply to the first two, but not
the third.
This case concerns whether the City of Rancho Palos
Verdes properly issued a permit for a fence separating twoMore...
   $0 (11-22-2017 - CA)

Justin Hammett v. Paulding County, Georgia, et al. Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

On October 17, 2012, police officers Joey Horsley, Nathalie Whitener, and
Joseph Mayfield, defendants-appellees in this case, executed a search warrant at a
private residence in Hiram, Georgia, intending to seize methamphetamines
suspected to be in the possession of Brenda Van Cleve. During the execution of
the warrant, a confrontation ensued. Each of the officers fired one shot, t... More...
   $0 (11-21-2017 - GA)

Ryan Harvey v. Ute Indian Tribe of the Uintah and Quray Reservation, et al. Utah Supreme Court Courthouse - Salt Lake City, Utah

¶1 The oil and gas industry is a major economic force in the Uintah Basin. This industry relies, to some extent, on access to the Uintah and Ouray Reservation of the Ute Indian Tribe. The plaintiffs allege that, through its ability to restrict the industry’s access to tribal lands, the tribe has held hostage the economy of the non-Indian population.
¶2 Ryan Harvey, a plaintiff and part owner o... More...
   $0 (11-07-2017 - UT)

James W. Paulsen v. Ellen A. Yarrell Harris County Courthouse - Houston, Texas

This is an appeal from a take-nothing final summary judgment rendered in favor of appellee Ellen A. Yarrell on appellant James W. Paulsen’s defamation claims. Paulsen challenges the trial court’s denial of a motion to dismiss, which attempted to invoke the Texas Citizens Participation Act. See TEX. CIV. PRAC. & REM. CODE §§ 27.001–.011. Paulsen also argues that summary judgment was improper becaus... More...   $0 (10-14-2017 - TX)

Doris Racher v. Westlake Nursing Home Limited Partnership, d/b/a Quail CReek Nursing and Rehabilitation Center Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

Eryetha Mayberry was abused by two certified nursing assistants while in
the care of Quail Creek Nursing Home, operated by Westlake Nursing Home
Limited Partnership and Westlake Management Company (collectively “Quail
Creek” or “Westlake”). Mrs. Mayberry’s three daughters (collectively
“plaintiffs”) filed this diversity action against Westlake under Oklahoma law for
negligence,... More...
   $0 (09-30-2017 - OK)

Theresia Renee Breen v. Jamie Black; Allyson Black United States Court of Appeals for the Tenth Circuit Denver, Colorado

After contentious divorce and child custody proceedings, Theresia Renee
Breen filed this lawsuit against her ex-husband, Jamie Black, and his wife, Allyson
Black. She raised a variety of claims, including civil stalking, tortious interference
with existing business relations, slander, and libel. The district court entered a
summary judgment in favor of the Blacks on all claims, cit... More...
   $0 (09-15-2017 - WY)

James Dever v. David L. Ward Supreme Court of Massachusetts - Boston, Massachusetts

The plaintiff, James Dever, appeals from an
order allowing the defendants' special motion to dismiss his
amended complaint under the "anti-SLAPP" statute. See G. L.
1 Daniel Rabinovitz; Michaels, Ward & Rabinovitz, LLP;
Daniel Michael Joyce; Moors & Cabot Investments, Inc.; and Aaron
Foley.
2
c. 231, § 59H, inserted by St. 1994, c. 283, § 1. Although we
conclude tha... More...
   $0 (09-11-2017 - MA)

Bruce Plante and Dennis Plante v. Ronald P. Long Supreme Court of Maine - Portland, Maine

[¶1] Bruce and Dennis Plante appeal from the entry of a summary
judgment in the Superior Court (York County, Douglas, J.) in favor of Ronald P.
Long on their defamation action. The court concluded that the Plantes failed
to make the necessary prima facie showing that Long acted with actual malice.
We affirm the judgment.
I. BACKGROUND
[¶2] The following facts are taken from... More...
   $0 (09-11-2017 - ME)

Flanigan's Enterprises, Inc. of Georgia v. City of Sandy Springs, Georgia Eleventh Circuit - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

We granted rehearing en banc to review the constitutionality of a municipal
ordinance prohibiting the sale of sexual devices in light of several recent Supreme
Court decisions which, it was argued, call into question the continued vitality of
this Court’s decision in Williams v. Attorney General (Williams IV), 378 F.3d
1232 (11th Cir. 2004). After we agreed to take the case en ba... More...
   $0 (08-23-2017 - GA)

Roger Vanderklok v. United States of America

Roger Vanderklok wanted to fly from Philadelphia to
Miami, where he intended to run a half-marathon. In his
carry-on luggage, he had a heart monitor and watch stored
inside a piece of PVC pipe that was capped on both ends.
During screening at the airport security checkpoint, the pipe
and electronics prompted secondary screening, supervised by
Transportation Security Adminis... More...
   $0 (08-23-2017 - PA)

Tom Retzlaff v. Philip R. Klein, Klein Investigations & Consulting, and James W. Landess

This appeal is brought under section 51.014(a)(12) of the Texas Civil Practice and
Remedies Code, which allows an appeal from an interlocutory order denying a motion to dismiss
under the Texas Citizens Participation Act (TCPA). See TEX. CIV. PRAC. & REM. CODE ANN.
§ 51.014(a)(12) (West Supp. 2016). The appellant, Tom Retzlaff, argues the trial court erred in
denying his mo... More...
   $0 (08-02-2017 - TX)

Filmon.com v. Doubleverify, Inc.

Plaintiff FilmOn.com (FilmOn) is an Internet-based
entertainment media provider. Defendant DoubleVerify, Inc.
(DoubleVerify) provides authentication services to online
advertisers. FilmOn sued DoubleVerify for trade libel, slander,
and other business-related torts, alleging DoubleVerify falsely
classified FilmOn’s websites under the categories “Copyright
Infringement-File S... More...
   $0 (07-26-2017 - CA)

The Samuel Y. Dorfman, Jr. Estate, through its Independent Executor, and Stacey Kivowitz v. Proactive Inventory , Inc., Alison Wood Solomon, and Marion Haggar Bryan

Appellees Proactive Inventory, Inc., Allison Wood Solomon, and Marion Haggar Bryan sued The Estate of Samuel Y. Dorfman, Jr. (the Estate) for business disparagement, slander, and libel based on two allegedly defamatory communications about the quality of appellees’ work for the Estate. The Estate sought dismissal of appellees’ claims under the Texas Citizens Participation Act, TEX. CIV. PRAC. & RE... More...   $0 (07-11-2017 - TX)

STATE OF OHIO - vs - WILLIAM L. FAMBRO

Defendant-appellant, William L. Fambro, appeals his convictions for
Aggravated Murder with a Firearm Specification and Having Weapons While Under
Disability following a jury trial in the Trumbull County Court of Common Pleas. The
issues before this court are whether a trial court commits reversible error by excluding
as hearsay threatening statements made by the victim against... More...
   $0 (07-03-2017 - OH)

Beef Products, Inc. et al. v. American Broadcasting Companies, Inc. et al. Federal Courthouse - Sioux Falls, South Dakota

Sioux Falls, SD - Pink Slime Libel Case Settled

Beef Products, Inc. sued ABC on a libel theory claiming that The American Broadcasting Company allegation that Beef Products was producing "pink slime" was untrue. Plaintiff claimed that ABC misled consumers into believing that the product was unsafe, is not beef and is not nutritious.

ABC claimed that its publication was truthful ... More...
   $1 (06-29-2017 - SD)

Snyder & Associates Aquisitions, LLC v. United States of America

In 2010, the Internal Revenue Service set a trap to catch
people filing for fraudulent tax refunds. The IRS enlisted the
assistance of plaintiffs’ tax preparation and refund-advance
businesses. It warned that refusal to cooperate would
interfere with a federal criminal investigation, it used millions
of plaintiffs’ dollars as bait, and it promised to reimburse
them for any ... More...
   $0 (06-16-2017 - )

James W. Paulsen v. Ellen A. Yarrell

This is an appeal from a take-nothing final summary judgment rendered in favor of appellee Ellen A. Yarrell on appellant James W. Paulsen’s defamation claims. Paulsen challenges the trial court’s denial of a motion to dismiss, which attempted to invoke the Texas Citizens Participation Act. See TEX. CIV. PRAC. &
2
REM. CODE §§ 27.001–.011. Paulsen also argues that summary judgment was impro... More...
   $0 (05-25-2017 - TX)

Joan Johnson, Kaleta Johnson, Seth Johnson and Wirt Blaffer v. Michael Phillips, Spindle Top Publishing, and Phillips Akers Womac, P.C.

After siblings Kaleta and Seth Johnson sued Dinesh Shah for Shah’s protracted abuse of their family, Michael Phillips, a Houston attorney, defended Shah against the allegations in a 2008 civil trial. Phillips later published a book,
titled “Monster in River Oaks,” about the events giving rise to the suit. According to its prologue, the book tells the “story of a predatory monster that set out ... More...
   $0 (05-23-2017 - TX)

Dr. Kristian Ferry v. McKenzie-Willamette Medical Center and McKenzie Physician Services

Salem, OR - Dr. Kristian Ferry sued McKenzie-Willamette Medical Center on breach of contract and defamation theories claiming to have been damaged as a direct result of for being terminated in 2015.

The Defendants denied wrongdoing and asserted truth in their defense on the libel claim.... More...
   $158333 (05-07-2017 - OR)

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