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Libel Law
 
In Re Memorial Herman Hospital System; Memorial Herman Physician Network; Michael Macris, M.D.; Michael Macris, M.D., P.A. and Keith Alexander

A decade ago, we observed: “While the medical privileges are important in promoting free discussion in the evaluation of health care professionals and health services, the right to evidence is also important, and therefore privileges must be strictly construed.”1 In this original proceeding—involving a heart surgeon who claims his former hospital retaliated against him for joining a competin... More...   $0 (05-22-2015 - TX)

David Mauk v. Pipe Creek Water Well, LLC and Robert Rae Powell

Appellant David Mauk, the general manager for Bandera County River Authority and Groundwater District, was sued for defamation, slander per se, and business disparagement. Mauk moved to dismiss the suit under section 101.106(f) of the Texas Tort Claims Act. He asserted he was immune from suit because he was a governmental unit employee acting within the scope of his employment and the suit could h... More...   $0 (05-20-2015 - TX)

Mikob Properties, Inc., Allan Klein, and Mitchell Kobernick v. David Joachim, International Realty Concepts, Inc., and H.S. Joachim Family Limited Partnership LTD.

This breach of contract case arises out of a settlement agreement negotiated by business
people who were represented by counsel. Appellants assert five issues that present three areas of
dispute: (i) whether the trial court erroneously dismissed appellants’ claim that the appellees
breached a settlement agreement by pursuing a lawsuit not mentioned in the settlement
agreement; (i... More...
   $0 (05-19-2015 - TX)

Colleen C. Piccone v. John W. Bartels, Jr.

Following an encounter between the
parties, Defendant, a local police chief, called Plaintiffs'
employer to complain about their behavior during the incident.
Plaintiffs filed suit, alleging, inter alia, slander and
interference with advantageous business relations. The district
court granted summary judgment to Defendant on both counts. We
affirm.
I. Background
Col... More...
   $0 (05-12-2015 - MA)

John Dewey Holt v. Kamagon Fitness, Karen L. Reed, Mark Reed and Hedstrom PLastics, Inc.

Tulsa, OK - John Dewey Holt sued Kamagon Fitness, Karen L. Reed, Mark Reed and Hedstrom PLastics, Inc. on fraud, breach of contract, intentional infliction of emotional distress, libel and tortious interference with contract theories claiming:

2. That upon information and belief, Kamagon Fitness LLC was and is a domestic limited liability corporation located in Tulsa County, State of Okl... More...
   $1 (04-27-2015 - OK)

United States of America v. Jantran, Inc.

The Miss Dixie is a cargo line boat operated by Jantran, a company
involved in maritime transportation on the Verdigris River in Oklahoma. While
operating on the river, the Miss Dixie struck and extensively damaged a lock
maintained by the Army Corps of Engineers. After repairing the lock, the Corps
sued Jantran for the costs of repair.
One would think such a suit would be a ro... More...
   $0 (04-09-2015 - OK)

Chris Davis v. Motiva Enterprises, LLC

Chris Davis sued (1) Chris Fournet for invasion of privacy by public disclosure of private facts and by intrusion on seclusion, libel, and intentional infliction of emotional distress; and (2) Motiva Enterprises, L.L.C. for negligent supervision, negligent entrustment, and negligent undertaking.1 Motiva filed a motion to dismiss based on the Communications Decency Act (“CDA”), which the trial ... More...   $0 (04-02-2015 - TX)

Marvalyn Decambre v. Rady Children's Hospital-San Diego

Marvalyn DeCambre, M.D., appeals a judgment entered after the trial court granted special motions to strike pursuant to Code of Civil Procedure section 425.161 brought by defendants Rady Children's Hospital-San Diego (RCHSD), Children's Specialist San Diego (CSSD) and the Regents of the University of California (Regents) (collectively, defendants), and also sustained defendants' demurrers to certa... More...   $0 (03-11-2015 - CA)

Robert C. Baral v. David Schnitt

This is an appeal from an order denying a special motion to strike under Code of Civil Procedure, section 425.16.1 We are asked to add our voice to the growing debate among appellate districts as to whether section 425.16 (anti-SLAPP statute) authorizes excision of allegations subject to the anti-SLAPP statute (protected activity) in a cause of action that also contains meritorious allegations not... More...   $0 (02-05-2015 - CA)

LeaAnne Klentzman and Carter Publications, Inc., d/b/a The West Fort Bend Star v. Wade Brady

Appellee, Wade Brady, sued appellants, Carter Publications, Inc. d/b/a The
West Fort Bend Star (“The Star”) and LeaAnne Klentzman, a reporter for The Star,
alleging that they defamed him in a January 15, 2003 article (“the Article”). Based
2
on the jury’s verdict in Wade’s favor, the trial court signed its final judgment awarding him actual and exemplary damages. In nin... More...
   $0 (12-18-2014 - TX)

Westmont Residential, LLC v. Brad Buttars

¶1 Westmont Residential, LLC and Terry Foote (collectively,
Westmont) appeal the trial court’s dismissal of all of Westmont’s
claims against Brad Buttars and Sarah Miller (collectively,
Defendants). We affirm.
BACKGROUND
¶2 Defendants sought an early termination of their one-year
“Uniform Residential Rental Agreement” (the Rental Agreement)
to rent an apartmen... More...
   $0 (12-11-2014 - UT)

Yazan Khatib v. Old Dominion Insurance Company

The issue in this case is whether Old Dominion Insurance Company has a duty to defend and indemnify four doctors who are defendants in a third-party
defamation claim, appended to a multi-faceted action for fraud, conversion, civil conspiracy, breach of contract, and other causes of action, being prosecuted by them against the president and founder of a medical practice they all once enjoyed to... More...
   $0 (12-05-2014 - FL)

The State of Texas v. Valerie Saxion, Inc.

In two issues in this accelerated interlocutory appeal, Appellants the State of Texas and Greg Abbott, in his official capacity as Attorney General of the State of Texas (collectively, the State) argue that the trial court erred by denying their
2
plea to the jurisdiction on the Free Exercise and federal Religious Freedom Restoration Act (RFRA) claims of Appellees Valerie Saxion, Inc. and ... More...
   $0 (12-05-2014 - TX)

Baltasar D. Cruz v. James Van Sickle

Baltasar D. Cruz sued James Van Sickle, Karl-Thomas Musselman d/b/a Burnt Orange Report, and Katherine Haenschen for libel. Appellees moved to dismiss the suit pursuant to the Texas Citizens Participation Act (the Act),1 commonly referred to as an anti-SLAPP2 statute, designed to protect citizens who exercise their constitutional rights to, among other things, communicate about matters of public c... More...   $0 (12-04-2014 - TX)

Darrin Opaitz v. Gannaway Web Holding, L.L.C., d/b/a Worldnow; Raycom Media, Inc. d/b/a KCBD-TV NewsChannel 11; and James Clark

Appellant, Darrin Opaitz, challenges the trial court’s order granting summary judgment in favor of media Appellees, Gannaway Web Holdings, LLC, d/b/a Worldnow, Raycom Media, Inc., d/b/a KCBD-TV NewsChannel 11 and James Clark, individually, (collectively KCBD) in his suit for invasion of privacy, defamation by libel, defamation by libel per quod and declaratory judgment.
2
BACKGROUND
... More...
   $0 (11-18-2014 - TX)

Wing F. Chau v. Michael Lewis

Plaintiffs‐Appellants Wing F. Chau and Harding Advisory LLC appeal
from a March 29, 2013 judgment of the United States District Court for the
Southern District of New York (Daniels, J) dismissing their claims of libel against
Defendants‐Appellees author Michael Lewis, his source, Steven Eisman, and
Lewis’s publisher, W.W. Norton, for twenty‐six allegedly defamatory statemen... More...
   $0 (11-14-2014 - NY)

R. Scott Phelan v. H. Scott Norville

Appellant and Cross-Appellee, R. Scott Phelan, and Appellee and Cross-Appellant, H. Scott Norville, both appeal a judgment rendered in Phelan’s favor following a jury trial on Phelan’s assault and libel claims against Norville. The jury awarded Phelan a total monetary award of $590,000, consisting of $15,000 for physical pain/mental anguish as a result of the assault claim, $325,000 for past a... More...   $0 (09-22-2014 - TX)

Boris Y. Levitt v. Yelp! Inc.

Today, individuals can share their opinions with the entire
world courtesy of a few taps on the keyboard. The appellee
in this case, Yelp! Inc. (“Yelp”), provides an online forum on
which its users express opinions as to services ranging from
dog walkers to taco trucks.
The appellees, Boris Levitt, Cats and Dogs Animal
Hospital, Inc. (“Cats and Dogs”), John Mercurio... More...
   $0 (09-02-2014 - CA)

Pat Briscoe v. Aaron Kyle Hammer, et al.

Pat Briscoe v. Aaron Kyle Hammer, et al.

Issue # 1.
Issue: CONVERSION (CONVERT)
Filed by: BRISCOE, PAT
Filed Date: 07/26/2011
Party Name: Disposition Information:

Defendant: GRISHAM, BRENT
Pending.

Defendant: HAMMER, AARON KYLE
Disposed: DISMISSED - WITH PREJUDICE, 08/21/2014. Dismissed- Settled.

Defendant: HAMMER, LINDSAY ALLI... More...
   $0 (08-21-2014 - OK)

Shawn King v. This Land Press, LLC, et al.

Shawn King v. This Land Press, LLC, Keena b. Roberts, Joshua Kline, Michael Mason, Vince Lovoi, Eric Cullen and Cullen & Associates, LLC

Plaintiff, Shawn King, for his claims against Defendants, This Land Press, LLC; Keena B. Roberts; Joshua Kline, Michael Mason, Vince LoVoi, Eric Cullen and Cullen & Associates, LLC, for conversion, invasion of privacy, libel, slander, defamation, invasio... More...
   $0 (08-19-2014 - OK)

Nick Reynolds, et al. v. North Star Memorial Group, et al.

Nick Reynolds, et al. v. North Star Memorial Group, et al.

Issue # 1.
Issue: CIVIL CONSPIRACY (OTHER)
Filed by: REYNOLDS, NICK
Filed Date: 07/26/2010
Party Name: Disposition Information:

Defendant: ALLBRITTON COMMUNICATIONS COMPANY
Disposed: DISMISSED WITHOUT PREJUDICE, 11/10/2011. Dismissed- Settled.

Defendant: GRIFFIN COMMUNICATIONS LLC More...
   $0 (08-11-2014 - OK)

Chris Hogan v. Michael K. Winder, et al.

Chris Hogan lost his job with the Utah Telecommunications Open
Infrastructure Agency, or “UTOPIA,” a state agency charged with upgrading
high-speed internet access. Claiming he was fired for revealing a conflict of
interest in contract awards, he threatened to sue the agency for wrongful
termination. Shortly after making this threat, he was subject to several
unflattering m... More...
   $0 (08-06-2014 - UT)

Jesse Ventura v. Chris Kyle

Former Minnesota Governor Jesse Ventura sued former Navy Seal Chris Kyle on libel claiming that he was defamed by Kyle in the book that he wrote entitled "American Sniper" in which he claimed that have punched out a "celebrity" called "Scruff Face" at a bar. Kyle later identified "Scruff Face" as Venture and claimed that Venture disparaged the United States in remarks made in the bar.

K... More...
   $1845477 (08-01-2014 - MN)

Cynthia Paroski v. Stavick2 Inc. d/b/a Tropix

Cynthia Paroski appeals the trial court’s judgment in favor of Stavick2 Inc. d/b/a Tropix (Tropix). In several issues, Paroski generally contends the trial court erred in entering judgment against her because there was no enforceable contract between Tropix and the employee she hired, and (2) Tropix engaged in a fraudulent transfer. For the following reasons, we affirm the trial court’s judgme... More...   $0 (07-30-2014 - TX)

Salem Abraham v. Daniel Greer and Fix The Facts Foundation d/b/a AgendaWise

Is a public official always a public official . . . that seems to be the underlying question in the appeal before us.
Salem Abraham appeals from an order dismissing his lawsuit for libel against Daniel Greer and Fix the Facts Foundation, d/b/a AgendaWise (collectively referred to as AgendaWise). The order of dismissal was entered pursuant to Chapter 27 of the Texas Civil Practice and Remedies ... More...
   $0 (07-25-2014 - TX)

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