14 results for 'cat:"Defamation" AND cat:"Emotional Distress"'.
J. Doty partially grants the wire service's motion to dismiss the oil and gas company founder's suit alleging that a story the wire service published incorrectly implied that he had been convicted of criminal activity rather than saying that he had been held civilly liable. It would be premature to determine on the current record whether the founder is a limited-purpose public figure, but he has nevertheless plausibly alleged actual malice. He has adequately pleaded defamation, defamation per se and defamation by implication, but has abandoned an intentional infliction of emotional distress claim.
Court: USDC Minnesota, Judge: Doty, Filed On: April 17, 2024, Case #: 0:23cv2983, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: defamation, emotional Distress
J. Campbell mostly denies the Southern Baptist Convention's motion to dismiss in this defamation lawsuit stemming from a "highly publicized report" that allegedly featured the former president of the Southern Baptist Convention in a misleading way. The Southern Baptist Convention fails to show that the former president was a limited-purpose public figure, as nothing in the complaint suggests that he voluntarily injected himself into a sexual abuse controversy or the events surrounding the report. However, his defamation per se is dismissed as duplicative of his defamation claim.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 8, 2024, Case #: 3:23cv243, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: defamation, emotional Distress
J. Tijerina finds the lower court properly granted summary judgment to the bar in this lawsuit filed by a patron asserting claims for slander and intentional infliction of emotional distress after he was allegedly removed from the premises by a bouncer based on a complaint by another patron. The bar sufficiently established its qualified privilege defense, as the communication at issue was made by the bar's employees and there was no evidence of malice. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: March 7, 2024, Case #: 13-22-00287-CV, Categories: defamation, emotional Distress
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
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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
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
J. Trauger grants the dismissal motions filed by the metro defendants and the district attorney defendants in this lawsuit brought by a property owner who allegedly experienced "flooding and erosion issues" and did not receive help from the water services department in mitigating the problem. The property owner's claims for malicious prosecution, libel and intentional infliction of emotional distress should all be dismissed against the metro defendants. Also, the district attorney defendants are "immune from suit on claims against them for actions taken in their role as advocates for the state."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: November 16, 2023, Case #: 3:22cv936, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, defamation, emotional Distress
J. Lum finds a Black Lives Matter representative was not entitled to dismissal of the defamation claim filed by the director of the Board of Education for Denver Public Schools regarding a comment made following her testimony before the Colorado legislature. At that point, she was aware no criminal charges would be filed against the director and had asked the director to speak at a charity event, which would allow a reasonable jury to conclude she knew her statements about alleged sexual assaults were false at the time she made them. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Lum, Filed On: September 28, 2023, Case #: 2023COA88, Categories: Anti-slapp, defamation, emotional Distress
J. Glickman rules a group of former IT workers with the House of Representatives can only pursue their defamation claims against the publisher of “Obstruction of Justice: How the Deep State Risked National Security to Protect the Democrats,” which details an investigation into their alleged violations of House rules and crimes related to IT security. The trial court should have dismissed, under the Anti-SLAPP Act, their claims for emotional distress, because there is insufficient evidence the publication amounted to outrageous conduct, and unjust enrichment claim, as this equitable remedy is not available in this case. Reversed in part.
Court: DC Court of Appeals, Judge: Glickman, Filed On: September 7, 2023, Case #: 22-CV-0004, Categories: defamation, emotional Distress
J. Springmann rules in part for defendants in claims alleging negligence, emotional distress, and interference with business expectations, in which plaintiff contends his arrest on the hospital campus damaged his reputation and cost him his job, as plaintiff failed to establish his firing was not warranted or that he has been prevented from seeking new employment. However, emotional distress claims may continue because the claim stemmed from the arrest, and a jury should decide whether the arrest had been supported by probable cause.
Court: USDC Northern District of Indiana, Judge: Springmann, Filed On: August 23, 2023, Case #: 2:20cv119, NOS: Other Civil Rights - Civil Rights, Categories: defamation, emotional Distress, Business Expectancy
J. Ramos grants actor Alec Baldwin's motion to dismiss defamation claims stemming from his outing of a woman as a participant in the January 3, 2022 riot at the Capitol. The actor discovered her involvement in the protest after he donated money to her sister-in-law on behalf of her brother killed by a suicide bomber in Kabul. After he made an Instagram post expressing his disappointment, she received a number of hateful messages from his followers. However, the actor cannot be held liable for his followers' messages and his own post did not contain any false information.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: August 22, 2023, Case #: 1:22cv7328, NOS: Other Personal Injury - Torts - Personal Injury, Categories: defamation, emotional Distress
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