39 results for 'cat:"Defamation" AND cat:"Contract"'.
J. Dorsey grants the solar homeowner's anti-SLAPP motion to dismiss the solar system installer's defamation claims. The homeowner wrote a negative Google review and filed consumer complaints with the Nevada State Contractors Board and the Nevada Bureau of Consumer Protection after the installer failed to include bird wiring to protect the equipment. The homeowner, under the incorrect presumption that bird wire was included in the contract, made the complaints in good faith, demonstrating that the criticisms are protected by the anti-SLAPP statutes. The installer has established the legal sufficiency of its abuse-of-process claim, which may proceed.
Court: USDC Nevada, Judge: Dorsey , Filed On: May 15, 2024, Case #: 2:23cv2036, NOS: Other Contract - Contract, Categories: Anti-slapp, defamation, contract
J. Dever grants a multi-level marketing company and three of its corporate officers’ motions to compel arbitration following allegations of defamation, battery and contractual interference brought by a former independent business owner. The owner contracted with the company to sell its products. He expressed concern that the company was not investigating its support of former Vice President Mike Pence with regard to the 2020 election. Conflicts between the owner and the three officers escalated until, at a baseball game where company staff attended together, the officers allegedly accosted him and accused him of being armed, “mentally ill,” and “of the Devil,” then called the police. The police then escorted him out of the park where he claims ten of them punched and kicked him, breaking his ribs. The owner is unopposed to the company moving for arbitration but disagrees that the individuals involved can arbitrate because they didn’t sign the contract between him and the company. However, the individuals are affiliated with the company and can therefore compel arbitration.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: May 9, 2024, Case #: 5:23cv442, NOS: Other Contract - Contract, Categories: Arbitration, defamation, Interference With contract
J. Kendall denies the suing refurbished electronics dealer’s motion for sanctions and an injunction against the refurbished electronics shop it is suing. The suing dealer accused the other shop of filing false complaints about its products so as to disrupt its business, but the court finds the suing dealer has not provided sufficient evidence to back up those claims.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: May 8, 2024, Case #: 1:20cv6258, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Tort, defamation, Interference With contract
J. Guzman finds a company director did not breach her fiduciary duties when she cut off her brother, the company creator’s, access to company accounts. The company creator is not a company shareholder or officer.
Court: USDC Massachusetts, Judge: Guzman, Filed On: April 11, 2024, Case #: 4:21cv40060, NOS: Other Contract - Contract, Categories: Fiduciary Duty, defamation, contract
J. Tinsley grants the power management company's motion for judgment on the pleadings and motion to strike the former employee's first amended complaint of breach of contract for when the company terminated this employment for his alleged refusal to lie, and defamation when the company filed a police report accusing him of absconding with a company-issued laptop. Both the breach of contract and wrongful termination claims the former employee made in his original complaint and one for promissory estoppel he substituted in his first amended complaint are futile since he put a misplaced reliance on the company's code of conduct as "an express or definite promise to alter the at-will employment relationship."
Court: USDC Southern District of West Virginia, Judge: Tinsley, Filed On: March 29, 2024, Case #: 2:22cv567, NOS: Employment - Civil Rights, Categories: Employment, defamation, contract
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J. Blakey grants an asset management firm and its executives’ motions to dismiss counterclaims brought against them by one of the firm’s former managers. The asset management firm sued the former manager for breach of contract, fraud and trade secret misappropriation over his alleged lies to clients and intentional sabotage of business relationships. The former manager shot back with counterclaims of defamation, tortious interference and breach of fiduciary duty, but the court finds he has not sufficiently alleged any of these claims.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: March 28, 2024, Case #: 1:22cv4269, NOS: Other Fraud - Torts - Personal Property, Categories: Tort, defamation, Interference With contract
J. Tsuchida partially denies dismissal of the company owner's complaint that the hacker conference organizer imposed a lifetime ban on him by falsely accusing him of admitting to repeatedly sexually harassing people. The owner alleges sufficient facts to state claims of defamation related to a transparency report announcing his ban and to an update to DefCon's website referring to the owner's behavior.
Court: USDC Western District of Washington, Judge: Tsuchida, Filed On: March 28, 2024, Case #: 2:23cv1932, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: defamation, Interference With contract, Jurisdiction
J. Chesler allows plaintiff to continue counterclaims contending a developer's Facebook and Instagram "smear campaign" harmed the software incubator's personal and business standing in the industry and violated the non-disparagement clause of the parties' contract. At this stage, allegations of reputational damage are sufficient, and text messages indicate the developer alleged the incubator ran a Ponzi scheme and stole from him.
Court: USDC Western District of New York, Judge: Chesler , Filed On: March 25, 2024, Case #: 2:22cv6116, NOS: Other Contract - Contract, Categories: defamation, contract
J. Howell mostly dismisses defamation claims against the widow of the former CEO of a game publisher following a dispute between that publisher and a video game developer over “persistent issues” with the game, “The Outbound Ghost.” The developer can proceed with one part of its defamation claim after the widow claimed on social media that the developer had “sabotaged” efforts to fix the game, which “both parties seemingly agree” is not true.
Court: USDC Western District of Texas , Judge: Howell, Filed On: March 20, 2024, Case #: 1:22cv1302, NOS: Other Contract - Contract, Categories: defamation, contract
J. Norris grants the defendant company's dismissal motion in this lawsuit alleging tortious and intentional interference with business relations, defamation and breach of contract. The plaintiff company's defamation claim fails, as its allegations "fail to raise a right to relief above the speculation level."
Court: USDC Western District of Tennessee , Judge: Norris, Filed On: February 9, 2024, Case #: 2:23cv2093, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: defamation, Interference With contract, contract
J. Wright finds the trial court properly denied the dog purchaser's Consumer Protection Act-based motion to dismiss the seller's defamation counterclaim. After a dog purchase agreement soured, the purchaser filed suit for infliction of emotional distress and published allegedly defaming statements about the seller on social media. The seller's motion for sanctions is not a legal action according to the Act, which is not applicable. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: February 8, 2024, Case #: 09-23-00214-CV, Categories: Sanctions, defamation, contract
J. Hurd preserves a hairstylist’s claims for defamation, intentional infliction of emotional distress and tortious interference with business relations that allege a beauty supply store in Schenectady, New York, falsely accused her of shoplifting and discussed the events in front of other customers, which ultimately hurt her business. She plausibly alleges the store’s allegations to local authorities were made with actual malice. The court also finds that the crime of shoplifting is considered a “serious crime” pursuant to a slander per se claim.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: February 8, 2024, Case #: 1:23cv666, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: defamation, Emotional Distress, Interference With contract
[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. 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
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. 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
J. Ballou denies the American architect's defamation counterclaim. After over a decade of working together, the Swiss and American architect ended their professional relationship on bad terms. The Swiss architect called out the American architect for building a house he claims is based on a house they had designed together. However, the claim is an opinion and therefore not actionable.
Court: USDC Western District of Virginia, Judge: Ballou, Filed On: December 21, 2023, Case #: 7:23cv352, NOS: Other Contract - Contract, Categories: defamation, contract
J. Lynch finds that the lower court improperly held that a hospital had not violated an exclusivity agreement with a radiology practice by raising quality-of-care oncology issues. In temporarily suspending the radiologist who owned the practice and acted as medical director, the hospital had not allowed him to hire temporary providers or an interim director as outlined in the agreement. However, the court properly held that the hospital had not defamed plaintiffs in performing professional reviews of work performed by the practice. Reversed in part.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: November 22, 2023, Case #: CV-22-1968, Categories: defamation, contract
[Consolidated.] J. Watkins finds that the trial court properly ruled in favor of the data center services provider with respect to alleged damages exceeding $1 million in a breach of contract action brought by the financial services company. The action arose after the provider's facility experienced a power outage which left the company's suite without power for two hours, resulting in significant sales losses. Grossly negligent breaches of conduct fall under an exception to the parties' consequential damages waiver. The provider's liability to the company for grossly negligent breaches of contract is therefore limited to $1 million. However, the trial court incorrectly refused to grant summary judgment to the company as to one of the bases for the provider's defamation counterclaim arising from allegedly false statements the company's employees made to the provider's customers about the outage. Reversed in part.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: November 3, 2023, Case #: A23A0808, Categories: defamation, contract
Per curiam, the appeals court denies the petition for a writ of mandamus challenging the dismissal of this breach of contract claim brought by the purchaser of a dog, and also the court’s imposition of sanctions against her. In her petition, the dog purchaser referred to the seller as a deviant sex offender, a child molester, a psychopath, a drug addict, a pornographer and a thief. The seller then filed a countersuit for defamation. The purchaser has consistently failed to appear for hearings, failed to make pleadings upon which relief can be granted and failed to adhere to rules.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: November 2, 2023, Case #: 09-23-00311-CV, Categories: Sanctions, defamation, contract
J. Hollander denies a marketing company’s motion for judicial notice in this dispute arising from a former employee’s alleged defamation and severance agreement that was forged by a former administrator. The former employee was not part of the state defamation claims and he had no opportunity to contest the facts and the company cannot use collateral estoppel for his right to challenge. The company has failed to prove probable evidence.
Court: USDC Maryland, Judge: Hollander, Filed On: October 26, 2023, Case #: 1:21cv309, NOS: Other Contract - Contract, Categories: Evidence, defamation, contract
J. Raggi answers certified questions by finding that the district court improperly dismissed state defamation and tortious interference claims stemming from accusations of rape that defendant, a Yale University student, brought against plaintiff, a co-ed. Disciplinary proceedings held by the college were not quasi-judicial, and thus defendant did not have immunity concerning statements made therein. However, the lower court properly dismissed claims contending the initial report to campus officials interfered with plaintiff's contract to attend the school in light of his immediate suspension because that claim was untimely filed.
Court: 2nd Circuit, Judge: Raggi, Filed On: October 25, 2023, Case #: 21-95, Categories: Education, defamation, Interference With contract
J. Coleman partially grants the sued HVAC manufacturer’s motion to dismiss numerous contract dispute claims brought by a mechanical contractor. The mechanical contractor accuses the manufacturer of supplying it with defective HVAC units, and then falsely blaming it for the resulting delay to the parties’ client. The court dismisses the contractor’s estoppel and breach of warranty claims, but allows the defamation and contract claims to move forward.
Court: USDC Northern District of Illinois, Judge: Coleman, Filed On: October 5, 2023, Case #: 1:22cv6421, NOS: Other Contract - Contract, Categories: defamation, Warranty, contract
J. Nunley denies, in part, an insurer’s action seeking a declaration it has no duty to defend or indemnify an insured in an underlying defamation case. It is unclear whether the insurer has a duty to defend under the parties' umbrella policy, which includes coverage for an accident or offense that causes personal injury.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: September 29, 2023, Case #: 2:21cv1761 , NOS: Insurance - Contract, Categories: Insurance, defamation, contract
J. Talwani issues a mixed ruling in a lawsuit stemming from a writer's short story about a kidney donor who is not happy to receive a letter from her living donor. A kidney donor who shared a similar letter with the writer told publishers and journalists that the writer plagiarized her letter. The writer is entitled to a declaration that she owns the copyright to her short story. Although the story copied parts of the donor's letter, the story's version of the letter, in combination with the rest of the short story, makes transformative use of the letter for an entirely new purpose than the original letter served. However, the writer's defamation claim fails because it was not defamatory for the donor to assert that the writer had used her letter in the first versions of her story without attribution.
Court: USDC Massachusetts, Judge: Talwani, Filed On: September 14, 2023, Case #: 1:19cv10203, NOS: Copyrights - Property Rights, Categories: Copyright, defamation, Interference With contract