11 results for 'cat:"Defamation" AND cat:"Assault"'.
J. Dever grants a female student’s motion to transfer litigation from North Carolina to Louisiana in a suit she brought against a male student for sexual assault. Both students attended Tulane University in Louisiana at the time of the alleged assault, although the male student now resides in North Carolina. After the female student initiated litigation against the male student, he counter-sued for defamation and also sued Tulane for breach of contract as he was dismissed from the university one month before graduation. Weighing all factors in the case, the litigation involving the female student will be transferred to Louisiana where the suit against Tulane is already taking place.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: March 28, 2024, Case #: 5:22cv500, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Education, defamation, assault
J. Sannes preserves claims for hostile work environment and Title IX gender discrimination against St. Lawrence University, who was sued by a sociology professor who claims she was drugged and raped by a fellow professor at his off-campus home. The court finds the complaint successfully imputes liability for the sexual assault onto the university under Title XI on the basis of deliberate indifference before and after the assault, and further sufficiently alleges that the alleged perpetrator’s actions after the sexual assault were threatening and constituted a hostile work environment. Additionally, the court trims a countercomplaint filed by the alleged perpetrator and preserves a single claim for defamation regarding Facebook posts she made alleging she was a victim of rape.
Court: USDC Southern District of New York, Judge: Sannes, Filed On: March 14, 2024, Case #: 8:23cv426, NOS: Employment - Civil Rights, Categories: Education, defamation, assault
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. Thacker finds the lower court did not abuse its discretion when denying the male's motion to proceed using a pseudonym. The male claims the female lied about being sexually assaulted out of jealousy for him sleeping with another woman. He has to use his real name because if he were successful in proving defamation, his use of a pseudonym would prevent him from having an order that publicly clears him. Affirmed.
Court: 4th Circuit, Judge: Thacker, Filed On: October 26, 2023, Case #: 23-1058, Categories: Tort, defamation, assault
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Valenzuela reverses, in part, the trial court's refusal to dismiss an attorney's counterclaims under the Texas Citizens Participation Act in a case where an individual accuses him of sexually assaulting him when he was a minor. Only the attorney's defamation counterclaim survives dismissal, as it is the sole claim for which the individual does not establish the judicial proceedings privilege as an absolute defense. Reversed in part.
Court: Texas Courts of Appeals, Judge: Valenzuela, Filed On: August 9, 2023, Case #: 04-21-00582-CV , Categories: defamation, assault
J. Hudson grants the brother's motion to dismiss defamation claims. An attorney and his wife allegedly beat an employee and neighbor unconscious in a drunken rage one evening. After the employee sought charges, the couple took to Facebook to start a campaign claiming the employee was a liar. No evidence was given of the wife's brother contributing to the postings for him to be liable.
Court: USDC Eastern District of Virginia, Judge: Hudson, Filed On: August 2, 2023, Case #: 3:23cv17, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Negligence, defamation, assault
J. Benton finds a lower court properly dismissed a former bank employee's sex discrimination and defamation claims against her former employer. The former bank employee argued that her termination violated the State's Human Rights Act. However, the bank provided sufficient evidence in court that she sexually harassed a co-worker inside of a bar, where she grabbed her breasts and attempted to stick her tongue down her throat. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: August 1, 2023, Case #: 22-2827, Categories: Employment, defamation, assault
J. Chasanow grants a local union its motion to dismiss business interference, civil conspiracy and defamation allegations brought by a contracting company. The company claims that the union disrupted outside business relationships intentionally, but it cannot proceed on its claims because it fails to establish subject matter jurisdiction for either federal question or diversity reasons. However, if the company removes the union as a defendant, it may be able to continue litigation.
Court: USDC Maryland, Judge: Chasanow, Filed On: July 28, 2023, Case #: 8:22cv2296, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: defamation, assault, Labor / Unions