372 results for 'cat:"Defamation"'.
Per curiam, the appellate division finds that the trial court properly dismissed amended defamation claims contending school district officials had told board members that a student was planning to attack the school with a shotgun given to him by his parents for graduation because the comments had been made as official performed public duties at a school board workshop session, and nothing indicates they believed the statements to be false. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 22, 2023, Case #: CA 22-01943, Categories: defamation
J. Ballou denies the American architect's defamation counterclaim. After over a decade of working together, the Swiss and American architect ended their professional relationship on bad terms. The Swiss architect called out the American architect for building a house he claims is based on a house they had designed together. However, the claim is an opinion and therefore not actionable.
Court: USDC Western District of Virginia, Judge: Ballou, Filed On: December 21, 2023, Case #: 7:23cv352, NOS: Other Contract - Contract, Categories: defamation, Contract
Per curiam, the appellate division finds that the lower court improperly denied CVS's motion to dismiss defamation claims stemming from its decision to ban a customer from its pharmacies for stealing newspapers. The allegation that the customer was stealing constitutes an allegation of a serious crimes, and the words need not be set in quotation marks to state a cause of action. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 20, 2023, Case #: 06515, Categories: defamation
J. Montenegro grants the media company's motion for judgment on the pleadings as to the store's trade libel counterclaim alleging that the media company posted more than a hundred negative reviews against the store on Google and Yelp. The store fails to identify any customers or transactions they lost as a result of the alleged trade libel, or show to a reasonable certainty that they suffered general business loss as a result. However, the store is granted leave to add a new claim for defamation based on the same allegations supporting their trade libel claim.
Court: USDC Southern District of California, Judge: Montenegro, Filed On: December 19, 2023, Case #: 3:21cv1909, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, defamation
J. Zahn finds that the trial court properly granted summary judgment to employers accused of having their store manager falsely arrested. The manager failed to show the employers had knowingly made a false statement to police, or that they were malicious when accusing him of grand theft. Also, he was an at-will employee so there was no breach of an enforceable employment contract. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: December 19, 2023, Case #: 49535-2022, Categories: Employment, defamation
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J. Upadhyaya denies a news network's motion for recusal in a defamation case filed by an election technology and software company. The judge's prior representation in the Maduro case concerning reports of election integrity in Venezuela does not constitute the same matter in controversy.
Court: USDC District of Columbia, Judge: Upadhyaya, Filed On: December 16, 2023, Case #: 1:21cv2900, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Elections, Judiciary, defamation
[Consolidated.] J. Cabranes finds that the district court properly held that Donald Trump waived presidential immunity by failing to raise such as an affirmative defense in answering E. Jean Carroll's defamation complaint stemming from an alleged sexual assault. Meanwhile, the court properly denied his request to amend the answer and properly struck the defense from his answer to her amended complaint. Additionally, the appeal from the finding of per se defamation concerning statements Trump made after Carroll alleged he raped her in a department store dressing room in the 1990s must be dismissed for lack of jurisdiction. Affirmed.
Court: 2nd Circuit, Judge: Cabranes, Filed On: December 13, 2023, Case #: 23-1045-cv (L), Categories: Civil Procedure, Immunity, defamation
J. Silva grants the computer hackers conference host's motion to transfer venue in a computer security company's defamation case. Though potential witnesses reside in Nevada, neither party identifies a necessary witness whose availability could hinge on the choice of venue; therefore, convenience favors transfer.
Court: USDC Nevada, Judge: Silva , Filed On: December 12, 2023, Case #: 2:23cv1345, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: defamation, Venue, Technology
J. Childs upholds the district court's dismissal of a former FBI agent’s due process claims arising from his termination, which occurred following an investigation into his mishandling of allegations of molestation against USA Gymnastics doctor Lawrence Gerard Nassar. The agent fails to adequately plead a deprivation of a liberty or property interest without due process, and also does not show he suffered defamation in connection with his termination. Affirmed.
Court: DC Circuit, Judge: Childs, Filed On: December 12, 2023, Case #: 22-5264 , Categories: Employment, defamation, Due Process
J. Wilson finds a lower court properly set aside a defamation judgement brought by a surgeon against a former patient. The surgeon argued that his former patient tarnished his reputation by posting false Yelp reviews online. However, the former laser resurfacing patient sufficiently showed in court that the post did not damage his professional reputation. Affirmed.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: December 8, 2023, Case #: 122,400, Categories: Negligence, defamation
J. Altman dismisses certain defamation counterclaims brought against the president of a homeowner association because he failed to identify true facts which had been manipulated in an effort to defame him. However, he is granted leave to amend the complaint.
Court: USDC Southern District of Florida, Judge: Altman, Filed On: December 8, 2023, Case #: 0:21cv61032, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Civil Procedure, defamation
J. Gallagher grants summary judgment in favor of Walmart in this lawsuit brought by two shoppers involved in a confrontation with the store’s employee. The shoppers allege a host of claims claims for battery, assault, defamation, racial discrimination, false arrest and imprisonment, malicious prosecution, intentional Infliction of emotional distress, and multiple negligence theories after an employee accused them of shoplifting. The evidence shows the employee used self-defense, had a legal reason to detain, did not pose an unreasonable risk of harm and the police did their own investigation when one of the shoppers physically attacked the employee first. A jury reasonably could not find emotional distress was inflicted, or that this was a racial incident.
Court: USDC Maryland, Judge: Gallagher, Filed On: December 8, 2023, Case #: 1:22cv1029, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Negligence, defamation, Assault
J. Warby finds a lower court properly dismissed a business man's defamation claims against a consulting company. The business man, who founded the Conservative Friends of the Middle East and North Africa, argued that the consulting company published memos, falsely claiming he was a threat to national security. However, the consulting company sufficiently showed in court that its memos failed to ignite a "defamatory impact" on the business man's reputation.
Court: Her Majesty's Court of Appeal, Judge: Warby, Filed On: December 7, 2023, Case #: CA-2023-1253, Categories: defamation
J. Hollander grants, in part, HBO’s motion to dismiss for failure to state a claim in this defamation suit brought by an exotic dancer. The dancer alleges the TV network showed a three-minute scene implying that she engaged in prostitution with a sergeant on a worldwide series titled “We Own This City” which shows a corrupt unit and now an inoperative gun trace task force of the Baltimore Police Department. The dancer has stated a claim of defamation and false light by HBO “implying that she engaged in prostitution” with the sergeant. HBO is granted leave to file a USB drive with the copy of the series.
Court: USDC Maryland, Judge: Hollander, Filed On: December 7, 2023, Case #: 1:23cv233, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: defamation
J. Coogler dismisses, in part, a University of Alabama football player’s defamation and false light claims against the New York Times alleging he was involved in a shooting. The headline read, “A Fourth Alabama Player Was at a Deadly Shooting, in a Car Hit by Bullets.” The football player plausibly alleged false statements were in fact capable of contempt and public ridicule since he was a star player. He failed to prove any facts that the article was published with actual malice. The false light claim is dismissed and the defamation claim survives the motion.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: December 6, 2023, Case #: 7:23cv692, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: defamation, False Claims
J. Hollander grants a marketing company’s motion to reopen discovery to conduct a deposition of a former employee in this employment dispute of the severance agreement being forged. The company alleges good cause to conduct the deposition due to the fact that the former employee had the opportunity to depose the company’s chief executive officer. The former employee’s motion for sanctions is denied.
Court: USDC Maryland, Judge: Hollander, Filed On: December 1, 2023, Case #: 1:21cv309, NOS: Other Contract - Contract, Categories: Employment, defamation, Discovery
J. Brown finds that the trial court properly denied an anti-SLAPP motion that was filed in response to a student's complaint for defamation, harassment, invasion of privacy and other claims. The student sued after his ex-girlfriend's emails got his acceptance to Dartmouth College rescinded. The focus of the emails was not a qualifying issue of public interest and did not further any public conversation on an issue of public interest. Affirmed.
Court: California Courts Of Appeal, Judge: Brown, Filed On: November 30, 2023, Case #: A165224, Categories: Anti-slapp, defamation
J. Dailey finds the lower court properly denied the customers' special motion to dismiss a defamation suit filed by the veterinary clinic under Colorado's anti-SLAPP statute. The speech by the customers - a negative online review - did not implicate a public interest but was a public airing of a private dispute. Although the quality of veterinary care in the customers' community is an important concern for pet owners, the comments and reviews in this case were limited to the specific experiences of the customers and part of their attempts to put the clinic out of business; therefore, the speech was not protected by the anti-SLAPP statute. Affirmed.
Court: Colorado Court Of Appeals, Judge: Dailey, Filed On: November 30, 2023, Case #: 2023COA114, Categories: Anti-slapp, defamation
J. Chuang dismisses this amended complaint alleging a Bivens claim for defamation and deliberate indifference to the health and safety of a father and his minor children by an advocacy specialist. The father fails to meet the burden to show the specialist’s defamatory statements were made outside her employment and cannot prevail in challenging under the government’s certification.
Court: USDC Maryland, Judge: Chuang, Filed On: November 30, 2023, Case #: 8:22cv3377, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, defamation
J. Cheesbro partially grants a doctor's motion to compel discovery and production of documents in a defamation action arising after a media company aired four shows in September 2020 which contained allegedly false statements about the doctor related to gynecological care of ICE detainees. The media company is ordered to produce documents in response to three requests related to scripts referencing the doctor or allegations of inappropriate gynecological medical care of detainees, as well as internal and external communications involving 23 individuals. The company is not obligated to produce scripts and draft scripts created after Sept. 17, 2020 because they are not relevant to the inquiry as to actual malice.
Court: USDC Southern District of Georgia, Judge: Cheesbro, Filed On: November 28, 2023, Case #: 5:21cv56, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: defamation, Discovery
J. Lynch finds that the lower court improperly held that a hospital had not violated an exclusivity agreement with a radiology practice by raising quality-of-care oncology issues. In temporarily suspending the radiologist who owned the practice and acted as medical director, the hospital had not allowed him to hire temporary providers or an interim director as outlined in the agreement. However, the court properly held that the hospital had not defamed plaintiffs in performing professional reviews of work performed by the practice. Reversed in part.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: November 22, 2023, Case #: CV-22-1968, Categories: defamation, Contract
J. Joyce finds the trial court properly dismissed an individual's defamation suit under Oregon’s anti-SLAPP statute. “Plaintiff is a public figure and faces a higher burden to establish his claim, plaintiff must also establish proof that defendants acted with actual malice.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: November 22, 2023, Case #: A178444, Categories: Anti-slapp, Evidence, defamation
J. Gallagher grants a transport company’s motion to dismiss this amended complaint in this lawsuit brought by a former employee alleging negligence, defamation, constructive fraud and false light invasion of privacy based on the company’s drug testing procedures. The employee was terminated after he took a drug test at a different facility than the employer sent him to. The former employee fails to show facts plausibly to establish of any duty to the alleged claims and this amended complaint is dismissed without prejudice.
Court: USDC Maryland, Judge: Gallagher, Filed On: November 21, 2023, Case #: 1:23cv2334, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, defamation, Privacy