372 results for 'cat:"Defamation"'.
Per curiam, the appellate court finds that the trial court should not have denied a university's Article 971 special motion to strike a professor's defamation claim. The student newspaper ran a series of articles, editorials, and letters alleging racism by the professor after a dispute on social media between the professor and her former students. In this case, the articles, editorials, and letters were in furtherance of the university's constitutional rights of free speech in connection with multiple issues of public interest that include racial discrimination and the employment status of and complaints made against a high-profile individual. Further, the professor does not challenge the truthfulness of the statements made in the newspaper but only claims that the articles were misleading since it omitted facts that would show that she was not an insensitive racist homophobe. Reversed.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: May 30, 2023, Case #: 22-C-292, Categories: Evidence, defamation
J. Arguello denies a condo owner summary judgment in defamation claims contending the homeowner's association board accused the owner of delaying insurance payments for hurricane damage because an issue of material fact exists as to whether the board president's statement that the insurer viewed the condo owner as a "bad risk and a moral blight on our community” had been substantially true.
Court: USDC Colorado, Judge: Arguello, Filed On: May 25, 2023, Case #: 1:21cv3029, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: defamation
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J. Ellis grants the prime minister of the Kurdistan autonomous region in Northern Iraq's motion to dismiss the defamation case due to sovereign immunity. The self-proclaimed Kurdish political advocate was accused of having an affair with an American journalist who reported on the PM hiding funds in real estate purchases after she and her husband helped share his article with the people in Kurdistan. The alleged defamation occurred in in Iraq and claims related to this event are barred by sovereign immunity.
Court: USDC Eastern District of Virginia, Judge: Ellis, Filed On: May 24, 2023, Case #: 1:22cv1288, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Immunity, defamation
J. Gallagher denies a brother’s motion for sanctions against his sister in this copyright and slander dispute around the commercialization and franchising of a hormone therapy company, “Infinity Health,” which uses methodologies the sister developed. Imposing sanctions could hamper the discovery of potential communications that would link the brother to an online post harassing the sister, accusing her of having sexual relations with a man at one of the company’s locations.
Court: USDC Eastern District of Pennsylvania, Judge: Gallagher, Filed On: May 19, 2023, Case #: 5:21cv2787, NOS: Copyrights - Property Rights, Categories: Copyright, Sanctions, defamation
[Consolidated] J. Fernandez finds partially in favor of the individual bringing a defamation suit against the news broadcaster for what he claims was false reporting on his business dealings, as well as partially in favor of his attorneys ordered to pay fees as sanctions after a hearing and re-hearing before the trial court on the broadcaster's motion. The trial court correctly ordered that two of the attorneys should contribute for 50% of the fees ordered and ordered the other 50% to be covered by the litigant himself, but it incorrectly found that a third attorney was not involved enough with the litigation to bear responsibility for paying any fees, so the latter part of the ruling is overturned. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: May 17, 2023, Case #: 21-1733, Categories: Sanctions, defamation
J. Hendon finds the trial court properly dismissed all the claims the property owner brought against various news outlets, including BET and multiple newspapers, for reporting on interactions she had with a Black woman who applied to rent her property through a booking website in which she repeatedly called the woman a "monkey" and other racial slurs and accused her of committing credit card fraud. The property owner's claims for defamation and tortious interference, including over articles in which she was accused of going on a "racist tirade" or "rant," fail in part because the news outlets' statements were based on documented facts buttressed by the property owner's own admissions to using racist language, making the published stories protected speech. Affirmed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: May 17, 2023, Case #: 22-0628, Categories: defamation, Contract