370 results for 'cat:"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. McAuliffe denies, in part, an individual’s motion to strike trader Markus Heitkoetter’s action against him under California’s Anti-SLAPP law. The commercial speech exemption applies to the videos at issue, which the individual posted on YouTube.
Court: USDC Eastern District of California, Judge: McAuliffe, Filed On: January 29, 2024, Case #: 1:22cv368, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Anti-slapp, defamation
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. Nye grants an animal hospital and the police department's motions for summary judgment regarding an individual's allegations of libel/slander and civil rights violations after the animal hospital called police, concerned that she was "on some sort of substance" and attempting to drive. She was found sitting in her running car and arrested for driving under the influence despite explaining that she was suffering from a traumatic brain injury. When no alcohol or drugs were found in her system, she was released. The symptoms the animal hospital reported to the police: pinpoint pupils, slurred speech and swaying, were true, and therefore not defamation. Probable cause existed to support the arrest, including the fact that the individual could not complete simple tests of coordination.
Court: USDC Idaho, Judge: Nye, Filed On: January 25, 2024, Case #: 2:22cv185, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, defamation
J. Crabtree grants Blue Cross Blue Shield's motion for summary judgment concerning defamation claims brought by a health insurance billing service. Blue Cross sufficiently showed in court that it did not set out to ruin the health insurance billing service's reputation by investigating submitted claims.
Court: USDC Kansas, Judge: Crabtree, Filed On: January 25, 2024, Case #: 5:19cv4007, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Fraud, Insurance, defamation
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J. Heytens finds the lower court properly granted judgment to the insurance company. The investment advisor sought coverage from her company's insurance plan after a company sued her for defamation for telling her clients not to invest after she claims to have found damning information about the company's CEO. The insurance company refused to pay because the advisor was acting on her behalf rather than her company's when she blew the whistle on the company. Affirmed.
Court: 4th Circuit, Judge: Heytens , Filed On: January 24, 2024, Case #: 22-1542, Categories: Insurance, defamation, Whistleblowers
J. Ahlers finds that the lower court properly held that a newspaper and its writers had neither libeled nor defamed plaintiff by printing information about his involvement in a casino operation because the information was truthful and had been printed on the editorial page. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: January 24, 2024, Case #: 22-1940, Categories: defamation
J. Cadish finds the district court properly denied attorney fees for the appellate counsel. After the dentist sued the law firm for defamation, the law firm's special anti-SLAPP motion to dismiss was denied. The district court then entered summary judgment in favor of the law firm, awarding its trial counsel attorney fees, yet denying fees for its appellate counsel. The denial was based on the unsuccessful outcome of the anti-SLAPP appeal. All necessary factors were properly considered, and no abuse of discretion is found. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: January 22, 2024, Case #: 83213, Categories: Anti-slapp, defamation, Attorney Fees
J. Saris denies in part the American Red Cross’s motion to dismiss antitrust and defamation claims brought against it by a biomedical company for allegedly monopolizing mitigation services by using another company’s pathogen reduction treatment on all of the blood platelets it sells. All of the antitrust claims are dismissed, as well as one of the defamation claims, but two of the defamation claims are not because the biomedical company adequately pleads that it made deceptive statements in Massachusetts to the biomedical company’s Massachusetts customers in an FAQ and newsletter.
Court: USDC Massachusetts, Judge: Saris, Filed On: January 19, 2024, Case #: 1:23cv10335, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, defamation
J. Benavides finds that the trial court properly granted summary judgement in favor of a couple, the Galvans, on defamation and emotional distress claims against another couple, the Crews. Some of the claims were properly dismissed based on the Texas Citizens’ Participation Act, while the others were barred by res judicata. The Crews couple allege the trial court extended the summary judgment deadlines in violation of the scheduling order. However, the court overrules this allegation due to no authority being cited or adequately briefed. Affirmed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: January 18, 2024, Case #: 13-22-00289-CV, Categories: Anti-slapp, defamation, Emotional Distress
[Consolidated] J. Miller finds the trial court improperly denied the professor's motion to dismiss claims against him in the traffic device manufacturer's lawsuit over a study of its devices that returned unfavorable results to the Florida Department of Transportation. The trial court should have dismissed on sovereign immunity grounds, as the allegations against the professor do not overcome the fact that he should have been protected from liability as a state employee due to the terms of the underlying contract with Florida International University, where the professor was working at the time he became the "co-principal investigator" in the study. On remand the trial court is ordered to dismiss the claims against the professor. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: January 17, 2024, Case #: 22-2121, Categories: Immunity, defamation, Contract
J. Proctor grants a medical trust’s motion for issuance of a letter or request pursuant to the Hague Convention to permit evidence from Cheyne Capital, of the United Kingdom, related to allegations of defamation published by a research company. The court finds the letter of request falls within the discovery and comity considerations for the requested discovery. The court overrules the research company’s objections to produce the discovery and orders the communications to be produced to a protective order. The court also overrules, in part, the medical trust’s objections related to a bail out loan in lieu of rent and other financial obligations owed.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: January 12, 2024, Case #: 2:23cv408, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: defamation, Discovery
J. Brnovich rules a baking ingredients company may pursue defamation claims against a former employee. The baking ingredients company sufficiently showed in court that the former employee, a senior buyer, defamed the company by publishing false online information concerning its customers and its confidential business information.
Court: USDC Arizona, Judge: Brnovich, Filed On: January 12, 2024, Case #: 2:23cv2674, NOS: Other Contract - Contract, Categories: Trademark, defamation, Employment Retaliation
J. Winkler finds the lower court erroneously denied the motion for summary judgment filed by the disability services board and its members. The CFO of the company who received waiver benefits from the board had no contract with the board, did not own the building he used in conjunction with the benefits waiver and used a personal vehicle for work, all of which rendered him an independent contractor, not an employee. Reversed.
Court: Ohio Court Of Appeals, Judge: Winkler, Filed On: January 12, 2024, Case #: 2024-Ohio-83, Categories: Immunity, defamation, Employment Retaliation
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
J. Winmill grants the government's motion to dismiss employees' allegations of defamation after they were accused of creating a hostile work environment and harassment of a coworker. The employees resigned after an investigation into the coworker's complaints resulted in notices of removal. The employees who conducted the investigation were acting within the scope of their employment, therefore the United States is substituted as the proper defendant. However, these claims may not be brought against the government under the Federal Tort Claims Act and the court does not have subject matter jurisdiction over the claims.
Court: USDC Idaho, Judge: Winmill, Filed On: January 10, 2024, Case #: 4:23cv356, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Employment, defamation, Contract
Per curiam, the circuit finds that the district court properly dismissed defamation claims that actor and comedian Michael Rapaport brought against media company Barstool Sports concerning the termination of his talent agreement, which followed a feud between Rapaport and a colleague that had been "laden with epithets, vulgarities, hyperbole, and non-literal language and imagery." The statements were not actionable since most constituted opinion delivered in the "emotional aftermath" of the firing, and no reasonable reader or listener would have understood them to imply facts about Rapaport. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 9, 2024, Case #: 22-2080-cv, Categories: defamation
J. Alston grants the software company's motion to dismiss defamation claims. An employee called out a coworker for plotting a scheme to receive kickbacks for selecting certain contractors to work on projects with the company. The employee claims the coworker, in retaliation for being reported, started a campaign of convincing coworkers that the employee is a "slut" and "slept her way to the top. The company can not be held responsible for what the coworker said.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: January 9, 2024, Case #: 1:23cv766, NOS: False Claims Act - Torts - Personal Injury, Categories: defamation, False Claims, Whistleblowers
J. Hodge finds the superior court partially erred in its rulings in a more than 15-year dispute between the restaurant owners and their landlords in part alleging breach of contract, fraud and defamation, including allegations that one of the landlords publicly smeared the owners after a disagreement over their lease in which the landlord said he did not like the direction the restaurant was heading and wanted it to operate more like a "white, middle-class restaurant." In part, the portions of the superior court's order vacating the jury's verdict for the owners on their defamation claims as to one of the landlords are vacated and those portions of the jury's verdict are reinstated; the portion of the lower court's order vacating damages awarded for breach of contract is reversed; and the portion setting aside the jury's awards on other defamation claims and punitive damages is affirmed. On remand the superior court is ordered to determine post-verdict pre-judgment interest the owners are owed. Affirmed in part.
Court: Virgin Islands Supreme Court, Judge: Hodge, Filed On: January 3, 2024, Case #: 2024 VI 1, Categories: Damages, defamation, Contract
J. Tenney finds that the district court properly ruled in favor of the Utah Jazz and visiting player Russell Westbrook on defamation and emotional distress claims made by two Jazz fans. Westbrook's after-game comments that he believed one of the fans said something racist to him cannot be considered defamatory because it was a constitutionally protected statement of opinion that cannot be proven true or false. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: December 29, 2023, Case #: 20210414-CA, Categories: defamation
J. Ayo refuses to dismiss a police lieutenant’s allegations a city and its police chief have refused to address his claims about pervasive corruption and police misconduct, including excessive force, neglecting inmates' medical needs and misusing funds. The lieutenant’s lawsuit is not an impermissible shotgun pleading, but a compelling complaint filed after two years of extensive discovery and multiple depositions.
Court: USDC Western District of Louisiana , Judge: Ayo, Filed On: December 29, 2023, Case #: 6:21cv1535, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, defamation, Police Misconduct
J. Rivas-Molloy finds that the lower court properly found in favor of an ex-husband in a defamation case. The jury found that the ex-wife had made 13 defamatory statements alleging the ex-husband is involved in child pornography and is a pedophile. The jury awarded him damages for past and future injury to his reputation and mental anguish. Evidence is sufficient to support the lower court’s findings and award of $2.1 million. Affirmed.
Court: Texas Courts of Appeals, Judge: Rivas-Molloy, Filed On: December 28, 2023, Case #: 01-16-00584-CV, Categories: Evidence, Damages, defamation
J. Urbanski denies the competitor's motion to dismiss a defamation suit. The company provides electronic pull tabs for regulated charitable gaming market and demonstrated that the competitor's comment to a potential client accusing the company of being involved in a severe state investigation could be perceived as making a statement of fact.
Court: USDC Eastern District of Virginia, Judge: Urbanski , Filed On: December 28, 2023, Case #: 7:23cv321, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Tort, defamation, Interference With Contract