39 results for 'cat:"Civil Procedure" AND cat:"Defamation"'.
J. Lipman grants in part an apartment company’s motion for sanctions of judgment and permanent injunction against the pro se defendant in this suit alleging defamation, negligence per se and violations of Tennessee’s Consumer Protection Act. Judgment is granted for the apartment company, and a permanent injunction is issued with limitations that ensure that the individual defendant’s “First Amendment rights are protected.”
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: May 6, 2024, Case #: 2:23cv2186, NOS: Trademark - Property Rights, Categories: civil Procedure, Sanctions, defamation
J. Hassan finds that the trial court's order of non-suit in a defamation case did not constitute a final judgment since it did not address the request for attorney fees and damages. Thus, the appellants' motion to modify was improperly denied, so the case is remanded. Reversed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: May 2, 2024, Case #: 14-23-00171-CV, Categories: civil Procedure, defamation
J. Rochon grants the investment firm founder's motion to lift the stay on his defamation suit against a former director over statements he made about the firm to the SEC. This action is not duplicative of the proceeding in Florida, so the director has not shown that lifting the stay of this action would impair his interests.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: April 15, 2024, Case #: 1:21cv10791, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: civil Procedure, defamation
J. Pedersen finds in this interlocutory appeal that the lower court properly denied the appellant's dismissal motion, which he filed pursuant to the Texas Citizens Participation Act. The complaint asserts a claim for defamation against the appellant based on an alleged Facebook post about another attorney. The appellant argues that the statement "involved a matter of public concern because it was about legal services," but his argument is unpersuasive. Accordingly, he failed to show that the claim was based on the exercise of his right to free speech. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: March 20, 2024, Case #: 05-22-01148-CV, Categories: civil Procedure, defamation
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J. Lipman partially grants the plaintiff company's motion for a preliminary injunction in this lawsuit brought under the Lanham Act and the Tennessee Consumer Protection Act, alleging that a former employee "engaged in a variety of tortious activities" against the company. The company's motion is granted as to its negligence per se and defamation claims, as the company is likely to succeed on the merits of those claims and the issuance of an injunction will "also serve the public interest."
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: March 19, 2024, Case #: 2:23cv2186, NOS: Trademark - Property Rights, Categories: civil Procedure, Negligence, defamation
J. Domenico dismisses pro se defamation claims for lack of proper service upon defendant, who had not evaded service.
Court: USDC Colorado, Judge: Domenico, Filed On: March 6, 2024, Case #: 1:22cv1769, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: civil Procedure, defamation
J. Newbern recommends that the defendant company's dismissal motion be granted in this lawsuit brought by a small business owner alleging libel and trademark infringement. The pro se plaintiff fails to state a plausible claim for relief against the defendant company, Alphabet, and the complaint should be dismissed pursuant to Rule 12(b)(6).
Court: USDC Middle District of Tennessee , Judge: Newbern, Filed On: March 4, 2024, Case #: 2:23cv52, NOS: Copyrights - Property Rights, Categories: civil Procedure, Trademark, defamation
J. Tijerina finds that the lower court properly denied the real estate broker's motion to dismiss the defamation countersuit filed by the board of directors for a realtor association. The appellant failed to show that the Texas Citizens Participation Act applied to the countersuit. Accordingly, the ruling to deny his dismissal motion was appropriate. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: February 29, 2024, Case #: 13-23-00176-CV, Categories: Anti-slapp, civil Procedure, defamation
J. Longoria finds that the lower court properly denied the appellant's motion to dismiss the defamation claims against her pursuant to the Texas Citizens Participation Act. The Act applies, as the communications at issue, which include certain social media posts, are "a matter of public concern." However, the appellee adequately established a prima facie case for his claims, and the appellant fails to show that the statements were protected under the broadcaster privilege. Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: February 29, 2024, Case #: 13-22-00146-CV, Categories: civil Procedure, defamation
J. Garcia finds that the lower court properly granted the appellee homeowner's dismissal motion filed pursuant to the Texas Citizens Participation Act in this case alleging defamation, abuse of process and malicious prosecution. The claims related to the appellee's right of free speech, as her communications "were made in connection with a matter of public concern." Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: February 22, 2024, Case #: 05-23-00343-CV, Categories: Anti-slapp, civil Procedure, defamation
J. Egan finds the trial court properly denied the former committee administrator for the Oregon Senate’s Business Housing and Finance Committee's motion to set aside a judgment and reinstate his defamation claims, which he brought against various oil companies and voluntarily dismissed in 1988. The trial court did not err when it denied the former committee administrator's motion to vacate and set aside the 1988 judgment. Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: February 22, 2024, Case #: A178691, Categories: civil Procedure, defamation
J. Kyzar finds that the trial court properly granted partial summary judgment to the colonel and awarded attorney fees to the state agency in a defamation suit brought by a former member of the Louisiana State Police Commission. The award of $50,376 in fees to the agency was supported by the record when it prevailed on its motion to strike, and the former member did not show the colonel abused his "qualified privilege" in making the statements in the specified incident report or that he acted with malice or in bad faith. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: January 31, 2024, Case #: CA-23-253, Categories: civil Procedure, defamation, Attorney Fees
J. McClendon finds that the trial court properly ruled against the librarian in a defamation suit alleging she was targeted after a library board meeting by other attendees who falsely represented on social media that she promoted pornography and erotic material to children. The librarian's appeal of the judgment granting the attendees' motions to strike was untimely, and she did not challenge the judgment as to attorney fees and costs. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: January 26, 2024, Case #: 2023CA0654, Categories: civil Procedure, defamation
J. Lawrence-Berrey finds that the lower court properly in part resolved a series of questions stemming from a defamation dispute between an individual and a local paper. The dispute presented a series of legal issues over the Uniform Public Expression Protection Act and how it relates to actions pending on the law's effective date. A proper interpretation of law finds that the Act does apply to causes of action made on or after the its effective date and service of amended pleadings restarts the 60-day clock. Affirmed in part.
Court: Washington Court Of Appeals, Judge: Lawrence-Berrey, Filed On: January 11, 2024, Case #: 38991-0-III, Categories: civil Procedure, defamation, First Amendment
[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. 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. Yarbrough finds that the lower court properly granted summary judgment to the psychologist in this libel lawsuit brought by an individual who is "civilly committed pursuant to the Sexually Violent Predators Act" and contends that a written report about him contained inaccurate information. The psychologist's report was subject to the judicial proceedings privilege. Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: November 1, 2023, Case #: 07-23-00072-CV, Categories: civil Procedure, defamation, Privilege
J. Richardson adopts the magistrate judge's recommendation and dismisses this action based on a lack of jurisdiction. The plaintiff, an independent contractor who performed construction and maintenance work for the defendant homeowners association, asserts claims for defamation and sexual harassment. However, he fails to establish a basis for federal question jurisdiction.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: October 13, 2023, Case #: 3:23cv159, NOS: Employment - Civil Rights, Categories: civil Procedure, defamation, Jurisdiction
Per curiam, the circuit finds that the district court properly dismissed defamation claims brought against the Boston Globe concerning an article in which a hedge fund executive had been accused of creating a toxic culture of sexual harassment. The prior decision holding that evidence did not support gross irresponsibility barred the action despite the executive’s claims that his quadriplegia condition made him incapable of committing the alleged harassment. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: October 3, 2023, Case #: 23-67-cv, Categories: civil Procedure, defamation
J. Robinson grants the attorney's motion for bifurcation in the individual's libel lawsuit accusing the attorney of sending an email to other attorneys containing false statements indicating the individual had participated in securities fraud. Bifurcation of the liability determination from the punitive damages determination is appropriate because the punitive damages determination will involve distinct evidence and a higher burden of proof. The jury may properly consider evidence of the parties' financial status during the damages phase, but this same evidence would be prejudicial during the liability phase.
Court: USDC Southern District of California, Judge: Robinson, Filed On: September 12, 2023, Case #: 3:18cv814, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: civil Procedure, Damages, defamation
J. Reichek finds that the lower court properly denied the appellants' motion to dismiss under the Texas Citizens Participation Act. The action asserts claims for defamation per se and business disparagement, based on multiple communications, including five text messages and one voicemail. The Act applies, but the appellees established a prima facie case for their claims. Affirmed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: September 6, 2023, Case #: 05-22-00616-CV, Categories: Anti-slapp, civil Procedure, defamation
J. Breedlove finds that the lower court improperly denied dismissal of certain claims pursuant to the Texas Citizens Participation Act in this dispute between "direct competitors in the oil and gas industry." The email at issue, which allegedly included statements about the plaintiff company, pertained to "a matter of public concern," and the plaintiff company failed to establish "a prima facie case of damages." Reversed in part.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: August 29, 2023, Case #: 05-22-01260-CV, Categories: civil Procedure, Damages, defamation