13 results for 'cat:"Defamation" AND cat:"Privacy"'.
J. Wise finds that a new trial is necessary for a widow's claims stemming from the depiction of her dead husband in the TV show "Ghostly Encounters." The widow provided enough evidence for a jury to find that the show improperly alleged that the husband had sexually abused boys without attempting to verify that information or to include any disclaimers that the show was only for entertainment and should not be taken at face value. However, there was not enough evidence to support the widow's defamation claim. Because it cannot be assumed "that the verdict was based only on [the widow's] claims that were properly submitted to the jury," the entire verdict must be reversed. A new trial is ordered for the widow's invasion of privacy and tort of outrage claims. Reversed.
Court: Alabama Supreme Court, Judge: Wise, Filed On: March 8, 2024, Case #: SC-2023-0132, Categories: Tort, defamation, privacy
J. Seeger grants Netflix and the defendant documentarians’ motion to dismiss nearly two dozen tort, defamation, conspiracy, unjust enrichment and privacy claims brought by a woman who briefly appeared in a 2003 Kanye West music video, asking him for spare change. The woman claimed that when she appeared in the video she was at her lowest; in her complaint’s words, “broke, impoverished, disheveled, and desperate.” Clips of her from that time were included in the 2022 Netflix documentary series “Jeen-yuhs: A Kanye Trilogy,"” and she resented how she was represented in the series. However, the court finds that despite the unflattering representation, it was not materially false and thus not defamation, and further opines that she has not sufficiently alleged the rest of her claims.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: February 27, 2024, Case #: 1:23cv2392, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: defamation, Emotional Distress, privacy
J. Russell denies a husband’s motion to dismiss this lawsuit alleging defamation and invasion of privacy. The husband’s wife had an extramarital affair with a man she met on a dating website; after she reconciled with her husband, the paramour had to get a peace order against the irate husband. After the peace order expired, the police stated to the paramour he was under investigation for circulating videos of his sexual encounters with the woman without her consent, but the allegations were later shown to be false. The husband and wife made a website to make false accusations regarding the lover and several of his friends. Since the statements were known to be false, they were made with actual malice, and the defamation and false light invasion of privacy claims persist.
Court: USDC Maryland, Judge: Russell, Filed On: February 7, 2024, Case #: 1:21cv3124, NOS: Other Personal Injury - Torts - Personal Injury, Categories: defamation, privacy
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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
J. Whitney declines to remand and partially dismisses a libel lawsuit between two formerly married people involved in a separate civil conspiracy lawsuit alleging fraud, breach of fiduciary duty and invasion of privacy.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: September 28, 2023, Case #: 3:23cv230, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Fraud, defamation, privacy
J. Treadwell finds in favor of the individuals in a conspiracy, defamation and false light invasion of privacy action brought by the TikTok influencer arising after the individuals made social media posts questioning her domestic abuse advocacy nonprofit's website. The individuals made posts saying that the website was not secure and alleging that the influencer was a "con-artist" who "doxed" people who visited the site. The website lacked an SSL certificate and was marked unsecure by a browser bar warning. The influencer also admitted to posting the IP address of a visitor to social media and the individuals' opinions are not defamatory per se. The influencer is a limited-purpose public figure and there is no evidence that the individuals entertained doubt as to the truth of statements questioning her acceptance of a $40 donation via a Change.org petition.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: September 21, 2023, Case #: 5:22cv91, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: defamation, privacy
J. Hornsby denies a request for anonymity by a former community college student who is accused of viewing sexual material on his computer. “John Doe” contends the allegations have resulted in him being banned from liquor stores, financial institutions, and coffee shops. Some of the facts may be embarrassing, but he may not use a pseudonym to prosecute his due claims, ranging from due process violations to humiliation, against other students and college officials. The public’s interest in Doe’s suit, which alleges wrongdoing by public officials, outweighs his privacy concerns. The Fifth Circuit has recently rejected requests to proceed under a pseudonym by abortion providers and a police officer who made claims related to high-profile civil rights protests.
Court: USDC Western District of Louisiana , Judge: Hornsby, Filed On: September 15, 2023, Case #: 5:23cv1261, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Communications, defamation, privacy
J. Campbell rules a physician may pursue defamation claims against a former patient. The physician, who had at least one sexual encounter with the patient, sufficiently showed that she "embarked on a years- long campaign of harassment" against him and his wife, and then repeatedly threatened him via text messages and phone calls, as well as reaching out to members of his congregation.
Court: USDC Arizona, Judge: Campbell, Filed On: August 14, 2023, Case #: 2:21cv92, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: defamation, privacy, Jurisdiction
J. Ryu partially grants the employer's motion to dismiss the employee's suit asserting defamation, invasion of privacy and related claims. The invasion of privacy claim is dismissed with leave to amend, since it is not clearly pleaded and cites a "constitutional right to privacy," to which she is not entitled as a non-resident of California. An anti-SLAPP motion seeking dismissal of claims under a non-disparagement section of the California Labor Code and for defamation fails.
Court: USDC Northern District of California, Judge: Ryu, Filed On: July 26, 2023, Case #: 4:23cv476, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Employment, defamation, privacy
J. Christiansen Forster finds that the trial court erred in dismissing a county commissioner's defamation and invasion of privacy complaint against other commissioners and a county employee who accused him of sexual harassment. Sufficient facts supported the claims and governmental immunity does not shield individuals accused of willful misconduct. However, governmental immunity was properly applied to the dismissal of the same tort claims against the county. Reversed in part.
Court: Utah Court Of Appeals, Judge: Christiansen Forster, Filed On: July 6, 2023, Case #: 20200296-CA, Categories: Immunity, defamation, privacy
J. Howard grants a "vigilante-style group" called Predator Catchers dismissal of defamation and invasion of privacy claims brought after the group accused plaintiff of being a sexual predator for lack of jurisdiction.
Court: USDC Middle District of Florida, Judge: Howard, Filed On: June 21, 2023, Case #: 3:22cv414, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: defamation, privacy, Jurisdiction