363 results for 'cat:"Defamation"'.
J. Johnson, in this accelerated interlocutory appeal, finds the trial court properly denied USA Today's Texas Citizen’s Participation Act motion to dismiss the defamation claim. The tax service provider alleges that a USA Today story falsely accused him of unlawful business practices in efforts to secure tax savings for clients. Record evidence creates a genuine fact issue on whether USA Today accurately reported whether the FBI was investigating the service provider. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: May 2, 2024, Case #: 09-22-00432-CV, Categories: Tax, defamation, Business Practices
Per curiam, the circuit finds the district court properly dismissed a doctor's defamation, fraud and age discrimination claims. Utilizing the medical personnel placement service, says he was not selected for a position for which he was referred because of his age. The service did not fail to refer him for employment and the employer did not hire him due to a lack of specific federal experience. The employer's statement the doctor was "difficult to reach" is not defamatory and the record does not support his claims of fraud. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 1, 2024, Case #: 23-11066, Categories: Fraud, defamation, Employment Discrimination
J. O’Connor finds that a case brought by John Sabal, the owner of the conservative publication The Patriot Voice, claiming that the Anti-Defamation League published defamatory content that falsely connected Sabal with anti-Semitic statements, conspiracy theories and events can proceed. The statements rise above the level of inference or opinion because they could be interpreted as factual by readers. The Anti-Defamation League’s motion to dismiss regarding the published statements is denied.
Court: USDC Northern District of Texas , Judge: O’Connor, Filed On: April 30, 2024, Case #: 4:23cv1002, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Terrorism, defamation
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J. Pepper grants the nail salon owner's motion to proceed without prepaying the filing fee in her lawsuit alleging a former friend maliciously slandered her and her business on social media. In part because there is a lack of clarity in the complaint regarding jurisdiction, the owner is given until June 7, 2024, to file an amended complaint. If she does not, her lawsuit will be dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: April 30, 2024, Case #: 2:24cv8, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, 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. Poissant finds that the trial court improperly granted a plea to the jurisdiction in an actress' defamation suit against a university academic counselor after a disagreement between them and subsequent criminal trespass complaint against the actress. The counselor's claim of having "absolute privilege" will not be considered when determining subject matter jurisdiction in this case. Reversed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: April 25, 2024, Case #: 14-22-00877-CV, Categories: defamation, Jurisdiction
J. Adams finds the lower court improperly denied a group of publishers' motion to dismiss. ProPublica and the Houston Chronicle ran an article on a prominent cardiologist titled “A Pioneering Heart Surgeon’s Secret History of Research Violations, Conflicts of Interest and Poor Outcomes.” The cardiologist subsequently filed suit against the publishers for defamation. The trial court found the article created false impressions, but the instant court finds it referenced the opinions of two cardiologists on the cardiologist's work, research and background, and cannot be the foundation of a defamation claim. Reviewing the article as a whole, the instant court finds the publishers established by a preponderance of the evidence of substantial truth and non-actionable opinion. The matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Adams, Filed On: April 25, 2024, Case #: 01-22-00281-CV, Categories: defamation
J. Phillips dismisses an appeal from a podcast and its host that sought to challenge a ruling that refused to toss defamation claims leveled against them from a doctor after the podcast spread false claims about the doctor being a member of "Antifa" and trying to rig the 2020 election in favor of Joe Biden. The lower court denied their motion to toss the claims after finding that the doctor was likely to prevail on the merits of his claims. Their appeal falls outside the collateral-order doctrine, leaving it dismissed for lack of appellate jurisdiction.
Court: 10th Circuit, Judge: Phillips, Filed On: April 23, 2024, Case #: 23-1109, Categories: defamation
J. Zainey denies a request by Walmart to dismiss as time-barred an overnight stocker’s malicious prosecution and defamation suit. She argues the clock on her claims did not begin running until after a city prosecutor dismissed Walmart’s theft claims. The store had her arrested for twice purchasing multiple packages of newly marked-down meat after her shift ended. In neither instance did she alter the pricing labels, and she paid full price for the meat. Walmart may raise its prescription argument later.
Court: USDC Eastern District of Louisiana , Judge: Zainey, Filed On: April 23, 2024, Case #: 2:23cv6441, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, defamation
J. Leinenweber grants a veterinary clinic’s motion to dismiss a fertility clinic’s copyright claims, finding the fertility clinic has failed to show that consumers would likely confuse its trademarked PROOV ovulation testing device with the veterinary clinic’s OvuPROOF ovulation testing device. The court also dismisses the veterinary clinic’s counterclaim for defamation, but allows its counterclaims for defamation and misrepresentation to proceed.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: April 22, 2024, Case #: 1:23cv3854, NOS: Copyrights - Property Rights, Categories: Copyright, defamation, Technology
J. Wiley finds that the trial court properly denied special anti-SLAPP motions on most of a condo resident's defamation claims against his neighbors. The neighbors' emails furthered a personal dispute and did not contribute to a discussion of public issues. They were not sent to the general public, but were confrontational attempts at shaming the condo resident. And homeowners' association debates usually involve private issues, and are not per se connected to public issues. Affirmed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: April 19, 2024, Case #: B317061, Categories: Anti-slapp, defamation
J. Matsumoto dismisses a defamation lawsuit against a couple, who run a website and YouTube channel, and allegedly made defamatory statements about a North Carolina maker of tabletop role-playing games. The court finds the majority of the statements, some of which amounted to nothing more than name-calling, would merely be interpreted as opinions and thus are too subjective to be actionable.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: April 17, 2024, Case #: 1:22cv5686, NOS: Other Personal Injury - Torts - Personal Injury, Categories: defamation
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. Docherty denies the pillow magnate and his company's motion to reconsider an order on their earlier motion to compel, partially grants their separate motion to compel, and grants their motion to amend the scheduling order in the voting machine company's suit against them alleging that they made defamatory claims in disputing the results of the 2020 presidential election. The original ruling on the earlier motion to compel was not in error, and the motion for reconsideration is not properly before the court. The motion to compel is timely as to four of its requests for production, but not for two others, and of the four timely-challenged requests, the voting machine company must supplement its disclosures for one.
Court: USDC Minnesota, Judge: Docherty, Filed On: April 15, 2024, Case #: 0:22cv98, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Elections, defamation, Discovery
J. Rochon grants the investment firm founder's motion to lift the stay on his defamation suit against a former director over statements he made about the firm to the SEC. This action is not duplicative of the proceeding in Florida, so the director has not shown that lifting the stay of this action would impair his interests.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: April 15, 2024, Case #: 1:21cv10791, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Civil Procedure, defamation
J. Schock finds the lower court erred in denying anti-SLAPP special motions to dismiss an election technology employee’s conspiracy claim and properly dismissed his defamation and intentional infliction of emotional distress for allegations the Trump Campaign made during the 2020 election campaign. The defendants’ accused the employee of stating he had “made sure” President Trump would not win by taking steps to interfere with the results. A broadcaster continued sharing and tweeting “information that is so vital to understanding the systemic stealing of our election.” The court holds that the Trump Campaign may be responsible for tweets sent by Trump and his son. Therefore, the tweets are remanded for further proceeding and for determination of attorney fees and costs. Affirmed in part. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Schock, Filed On: April 11, 2024, Case #: 2024COA35, Categories: Anti-slapp, Elections, defamation
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. Brown finds that the trial court properly ruled in defamation claims stemming from statements made to the chief of the fire department at which plaintiff volunteered about plaintiff's prior arrest for impersonating an officer because plaintiff failed to demonstrate that information in the sheriff's department database, or statements made to his employer about his arrest, had been false. Affirmed.
Court: Indiana Court Of Appeals, Judge: Brown, Filed On: April 10, 2024, Case #: 23A-PL-2229, Categories: Employment, defamation
J. Gonzalez finds that the lower court properly dismissed a businessman's SLAPP suit against the AP for reporting on his vicious custody dispute. The article included threatening text messages sent by the businessman threatening to kill his wife, video footage of him doing drugs, and audio of him using racist language. None of the alleged defamatory statements are actionable because they are protected by fair reporting privilege, and are substantially true. The matter shall be remanded for a calculation of mandatory attorney fees. Affirmed.
Court: New York Appellate Divisions, Judge: Gonzalez, Filed On: April 9, 2024, Case #: 01898, Categories: Anti-slapp, defamation
J. Nichols grants the communications conglomerate's motion to dismiss the right-wing broadcaster's counterclaims seeking indemnification in a suit brought by a voting machine company alleging that the broadcaster defamed the voting machine company in connection with the 2020 presidential election. The broadcaster has not pleaded facts tying this suit to allegedly disparaging statements made by the conglomerate's subsidiaries or its former board chair, nor presented a plausible theory as to why those statements would have influenced the voting machine maker to sue the broadcaster. Non-disparagement provisions in the broadcaster's contract with the communications conglomerate, therefore, do not create an obligation to indemnify the broadcaster. Tortious interference claims also fail, since the broadcaster has not plausibly alleged that the board chair was acting as an agent of the voting machine company or its majority owner when the communications company's subsidiary satellite TV provider dropped the broadcaster.
Court: USDC District of Columbia, Judge: Nichols, Filed On: April 9, 2024, Case #: 1:21cv2130, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Elections, defamation, Indemnification
J. Cote grants the Anti-Defamation League's motion to dismiss the Nation of Islam's complaint alleging the non-profit has repeatedly defamed the group by labeling it anti-Semitic. The non-profit pressured Ticketmaster not to sell tickets for the group's yearly benefit, and caused a university to refuse the group's request to use its facilities as a venue. The Nation of Islam cannot prove that the non-profit's assertions are false, as its letter to Ticketmaster directly quotes Nation of Islam leader Louis Farrakhan using the phrase "satanic Jews." Other challenged statements made by the non-profit are non-actionable opinion.
Court: USDC Southern District of New York, Judge: Cote, Filed On: April 5, 2024, Case #: 1:23cv9110, NOS: Other Civil Rights - Civil Rights, Categories: defamation
Per curiam, the Vermont Supreme Court finds the trial court properly struck and dismissed a pro se complaint regarding defamation, libel, false light, and negligence claims against a newspaper and its journalist. The individual argues that the court abused its discretion when the newspaper and its journalist were awarded $14,741.80 in attorney fees and costs under Vermont’s anti-SLAPP statute. When the court ruled on the motion to strike, the fees were mandatory. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-AP-338, Categories: Anti-slapp, defamation, Attorney Fees
J. Roman finds for the school district on a student's defamation and civil rights claims stemming from his five-day suspension for posting a photo of himself in a parking lot while his friend knelt above him with the caption "Cops got another" one day before the jury returned a verdict in Derek Chauvin's trial for the murder of George Floyd. The student received death threats after posting the photo, which was decried as racist, and the incident was a substantial disruption to the school, sparking a student demonstration and a school assembly. The district has an interest in maintaining order within its schools and therefore did not infringe on the student's free speech rights by disciplining him.
Court: USDC Southern District of New York, Judge: Roman, Filed On: April 5, 2024, Case #: 7:21cv6008, NOS: Other Civil Rights - Civil Rights, Categories: Education, defamation, First Amendment
J. Conner grants pet retailer Chewy a writ of certiorari after the trial court denied a protective order to prevent deposition of its CEO in claims alleging corporate libel and defamation because evidence does not indicate the CEO possesses personal, unique information pertinent to litigation.
Court: Florida Courts Of Appeal, Judge: Conner, Filed On: April 3, 2024, Case #: 4D2023-2967, Categories: defamation, Discovery
J. Williams partially grants a fire department, its president and another member’s motion for summary judgment in this employment dispute brought by a couple that were former volunteer firefighters. The couple alleges unlawful expulsion, retaliation against the exercise of free speech, defamation, defamation per se and tortious interference with a beneficial relationship after the department suspended them for harassing and assaulted the other member. The couple attended hearings, but the bylaws did not allow them to attend the expulsion meeting held before they were able to submit additional evidence. The couple cannot establish that they were in fact employees, nor that they received any remuneration before the expulsion, or that they experienced an actual loss after the expulsion. The defamation and defamation per se claims are ready to proceed to trial, the president and member e-file a joint status report.
Court: USDC Connecticut, Judge: Williams, Filed On: April 1, 2024, Case #: 3:20cv1677, NOS: Employment - Civil Rights, Categories: Civil Rights, defamation