14 results for 'cat:"Damages" AND cat:"Defamation"'.
J. Liman denies former President Trump's motion for a new trial on author Jean Carroll's claim that he defamed her in two statements issued from the White House in 2019. The jury was entitled to conclude that Mr. Trump derailed Ms. Carroll's career, and exposed her to public threats due to his malicious attacks on her character. The compensatory damages award of $18.3 million is far from an anomaly in high-profile defamation cases, and the jury was entitled to find that Mr. Trump's continued attacks on Ms. Carroll, even during the course of trial, warranted a finding he would not stop making such remarks without a significant deterrent, supporting the $65 million punitive damages award.
Court: USDC Southern District of New York, Judge: Liman, Filed On: April 26, 2024, Case #: 1:20cv7311, NOS: Other Personal Injury - Torts - Personal Injury, Categories: damages, defamation
J. Casper denies a man with a criminal past’s motion to dismiss claims brought against him by a website owner, who the former criminal sent threatening emails to and published critical content about after the webmaster published information about his criminal history. The webmaster met the burden of showing he has plausibly suffered more than $75,000 in damages.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 25, 2024, Case #: 1:23cv10134, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Public Record, damages, defamation
J. Rose dismisses a case in which a Canadian bakery alleges that an Ohio woman conducted a cyberbullying campaign in which she defamed the establishment to her 16,000 TikTok follows, claiming that her ex-husband who was delinquent on his child support married one of the owners of the bakery. The bakery says her posts generated numerous negative comments and bad reviews. The court lacks diversity jurisdiction.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: March 21, 2024, Case #: 3:23cv135, NOS: Other Personal Injury - Torts - Personal Injury, Categories: damages, defamation, Jurisdiction
J. Calabrese denies the sanitary napkin company's motion for partial judgment on the pleadings, ruling the magazine's affirmative defense of apportionment of any special damages may proceed because it is not the only periodical to publish the allegedly defamatory letter about heavy metals contained in the napkins. Therefore, if special damages are eventually awarded, the magazine may seek to apportion the damage between itself and the Wisconsin magazine because the publications did not share readership.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: March 4, 2024, Case #: 5:23cv376, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: damages, defamation
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
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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. Breedlove finds that the lower court improperly awarded damages to the appellees in this defamation case arising from the purchase of their dental practice and certain subsequent communications. The evidence does not sufficiently support the amount of the awards, and the court will render a judgment that they "take nothing on these claims." Reversed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: November 16, 2023, Case #: 05-22-01066-CV, Categories: damages, defamation
J. Kuntz finds that the trial court improperly granted a doctor leave to amend the complaint to seek punitive damages related to his defamation suit because the doctor failed to demonstrate CNN acted with malice in reporting mortality rates associated with a pediatric open-heart surgery program. Reversed.
Court: Florida Courts Of Appeal, Judge: Kuntz, Filed On: October 18, 2023, Case #: 4D2022-1674, Categories: damages, 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. 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
J. Wang grants the motion by Dominion Voting Systems's former director of product strategy and security for leave to file a second amended complaint in a defamation, emotional distress and conspiracy action against MyPillow CEO Mike Lindell and the social media platform Frankspeech arising from their promotion of election fraud conspiracy theories. The action may be amended to include a demand for exemplary damages because the former director alleged sufficient facts to show that Lindell and Frankspeech acted with actual malice by continuing to publish statements about his alleged role in election fraud without regard to the facts.
Court: USDC Colorado, Judge: Wang, Filed On: July 7, 2023, Case #: 1:22cv1129, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: damages, defamation, Emotional Distress