Newspaper Law
 
Keva Toler Labeth v. Pasadena Bayshore Hospital, Inc.

Appellants Keva Toler LaBeth and Michael LaBeth appeal a take-nothing judgment in their suit against appellee Pasadena Bayshore Hospital, Inc. d/b/a Bayshore Medical Center. In three issues, they contend that (1) the jury arrived at a verdict in a unlawful manner, as evidenced by its unreasonably rapid deliberation; (2) the trial court erred by admitting evidence not properly disclosed during disc

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Editorial Caballero, S.A. v. Playboy Enterprises, Inc.

This is a commercial dispute between appellants, Editorial Caballero, S.A. de C.V. (EC) and Grupo Siete International, Inc. (GSI), and appellee, Playboy Enterprises, Inc. (PEI). For over twenty years EC published and distributed a Spanish language version of Playboy magazine in Mexico and other Latin American countries. In October 1996, PEI and EC entered into a licensing agreement (License Agreem

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St4even F. Hotze v. Keith E. Miller, M.D.

Steven F. Hotze, M.D., appeals from the denial of his summary judgment motions in this defamation case brought against him by Keith E. Miller, M.D. In three issues, Hotze asserts there is no evidence of actual malice or that any objectively verifiable statement published by Hotze about Miller was false, there is no fact question on malice, and the civil conspiracy claim fails as a matter of law. B

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Quality Infusion Care, Inc. v. Health Care Service Corporation d/b/a Blue Cross and Blue Shield of Texas

Quality Infusion Care, Inc. seeks reversal of the trial court’s summary judgment in favor of appellees Health Care Service Corporation d/b/a Blue Cross and Blue Shield of Texas, Howard King, and Hill & Finkel, L.L.P. in Quality’s suit against them for tortious interference with contract, negligence per se, and business disparagement. In two issues, Quality contends that (1) there is no eviden

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Pitts & Collard, L.L.P. v. Arthur L. Schechter

Gary Pitts and Pitts & Collard, LLP sued Arthur L. Schechter, Arthur L. Schechter, P.C. d/b/a Schechter & Associates, Schechter & Marshall, L.L.P., and Schechter, McElwee & Shaffer, L.L.P. for breach of contract. The contract claim was based upon an allegation that the Schechter parties failed to pay referral fees from nearly a thousand lawsuits that Pitts referred by way of nine letter agreement

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Robert John Bauwens v. State of Oklahoma

¶1 Robert John Bauwens, the appellant, was convicted in Osage County District Court Case No. CRF-79-141, of two counts of First Degree Rape, in violation of 21 O.S. 1981 § 1114 [21-1114]; three counts of Crimes Against Nature, in violation of 21 O.S. 1981 § 886 [21-886] and two counts of Lewd Acts With a Child Under 14, in violation of 21 O.S. 1981 § 1123 [21-1123]. He was found guilty on each

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In The Matter of the Estate of Deanna Bess George

[¶1] Deanna Bess George (the Decedent) executed a pour-over will and a revocable inter vivos Trust for the intended purpose of disinheriting her surviving spouse, Terrance Poland (Poland), and thereby effectively destroying his elective share under Wyo. Stat. Ann. § 2-5-101 (LexisNexis 2011) as to the property transferred to the Trust. The district court concluded that the assets transferr

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In The Matter of the Estate of: Andrew T. Graves

[¶1] Creditor (California corporation “Beit Hanina Enterprises, Inc.,” hereinafter referred to as “BHE”) challenges a Wyoming probate court’s “Order Finding Creditor Time Barred from Challenging Denial of Claim” and argues on appeal that the probate court erred in refusing to find peculiar circumstances entitling BHE to equitable relief from strict application of the Wyoming Pr

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City of New Braunfels v. WWGAF, Inc. d/b/a Rockin "R" River Rides

This appeal stems out of two summary judgment orders entered in favor of appellees. We affirm in part and reverse and remand in part.

WWGAF, Inc. d/b/a Rockin “R” River Rides, Texas Tubes, and Corner Tubes, Inc. rent tubes and ice chests in New Braunfels for use on the Comal and Guadalupe Rivers. Appellees also provide patrons with shuttle access to and from the rivers’

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Habib Sadid v. Idaho State University

This is an appeal from a summary judgment dismissing a complaint by an engineering professor who alleged that Idaho State University had retaliated against him because of his comments criticizing the administration that had been published in a local newspaper over several years and that the University had breached his employment contract. We affirm the summary judgment, but remand for determinatio

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Alethia Roselle Allen v. Southcrest Hospital

The Americans With Disabilities Act, 42 U.S.C. §§ 12101 - 12213 (ADA), prohibits covered employers from discriminating against their employees on the basis of disability. See id. § 12112(a). The ADA defines a “disability” as “a physical or mental impairment that substantially limits one or more major life activities of [an] individual.” Id. § 12102(1)(A). In this appeal, we must determ

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Sicor, Inc. v. Stacy Hutchinson

In this appeal, appellants challenge the district court’s post-voir dire denial of their motion for a change of venue in the underlying tort action. Having recognized the propriety of deferring consideration of such motions until after the completion of voir dire in our contemporaneously issued opinion in Sicor, Inc. v. Sacks, 127 Nev. ___, ___ P.3d ___ (Adv. Op. No. 81, December 15, 2011), we

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Stephen Novotny v. Tripp County, South Dakota

Stephen Novotny (Novotny) appeals the district court’s summary judgment order in favor of appellees dismissing his claims brought pursuant to 42 U.S.C. §§ 1983 and 1985. After sorting through the sundry allegations made in Novotny’s brief, we are unable to agree with his contention that the district court improperly granted summary judgment.2 Accordingly, we affirm.

I.

“We re

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Nicholas Alexander Davis v. The State of Oklahoma

¶1 Appellant Nicholas Alexander Davis was tried by jury and convicted of First Degree Malice Murder (Count I) (21 O.S.2001, § 701.7(A)), two counts of Shooting with Intent to Kill After Former Conviction of Two or More Felonies (Counts II and III), (21 O.S.2001, § 652), and Felonious Possession of a Loaded Firearm, After Former Conviction of a Felony, (Count IV) (21 O.S.2001, § 1289), Case No.

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Jennifer Keeton v. Mary Jane Anderson-Wiley

Jennifer Keeton was enrolled in the Counselor Education Program at Augusta State University (ASU), a Georgia state school, seeking to obtain her master’s degree in school counseling. After Keeton completed her first year in the program, ASU’s officials asked her to participate in a remediation plan addressing what the faculty perceived as deficiencies in her “ability to be a multiculturally

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Grace Muthoni Mwathi v. Eric H. Holder, Jr.

Petitioner Grace Muthoni Mwathi (“Mwathi”) petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming the decision of the immigration judge (“IJ”) denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). For the reasons stated below, Mwathi’s petition for review is DENIED.

BACKGROUND

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Paul C. Stepnes v. Peter Ritschel

Minneapolis Police Sergeant Peter Ritschel arrested Paul Stepnes without a warrant for running a contest which allegedly violated Minnesota gambling laws. Ritschel later obtained a search warrant and seized several items from the house where Stepnes was running the contest. Reporter Esme Murphy broadcast a news story about the contest and Stepnes's arrest on WCCO TV, a local CBS television statio

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Felipe Vicini Lluberes v. Uncommon Productions, LLC

This case raises issues of First Amendment law. At the center of the dispute is The Price of Sugar, a documentary film released in 2007 by film company Uncommon Productions, LLC, and its principal William M. Haney, III. The film depicts the treatment of Haitian laborers on sugarcane plantations in the Dominican Republic. It refers by name to brothers Felipe and Juan Vicini Lluberes, senior executi

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United States of America v. National Treasury Employees Union

In 1989 Congress enacted a law that broadly prohibits federal employees from accepting any compensation for making speeches or writing articles. The prohibition applies even when neither the subject of the speech or article nor the person or group paying for it has any connection with the employee's official duties. We must decide whether that statutory prohibition comports with the Constitution's

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Rosenberger v. Rector and Visitors of University of Virginia

Respondent University of Virginia, a state instrumentality, authorizes payments from its Student Activities Fund (SAF) to outside contractors for the printing costs of a variety of publications issued by student groups called "Contracted Independent Organizations" (CIOs). The SAF receives its money from mandatory student fees and is designed to support a broad range of extracurricular student acti

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Kimel v. Florida Board of Regents

The Age Discrimination in Employment Act of 1967 (ADEA or Act), as amended, makes it unlawful for an employer, including a State, to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual a because of such individuals age. 29 U.S.C. 623(a)(1). Petitioners, three sets of plaintiffs, filed suit under the ADEA against respondents, their state employers.

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William R. Davis v. City of Leawood

William Davis and Fern Stultz sued to enjoin the City of Leawood (Leawood) from imposing special assessments on their properties for the purpose of financing the improvement of State Line Road. On cross-motions for summary judgment, the district court granted the injunction on the ground that only city-at-large funds, not special assessments, may be used to improve a designated main trafficway, a

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Merl S. Simmons v. City of Moscow

This case arises from challenges by property owners to assessments levied by the City of Moscow ("the City") pursuant to I.C. §§ 50-1701 through 50-1770. In June, 1980, the City formed Local Improvement District No. 94 to pay approximately one-half of the $1,600,000 cost of a downtown revitalization project, the other one-half being supplied by federal matching funds. The project consisted of co

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Frank Roznos v. Town of Slater

The sole question presented by this appeal is the sufficiency of a notice of hearing on a proposed Resolution of Necessity to construct a sewer system in the town of Slater, Iowa. After being duly served with a notice, plaintiff property owners filed written objections 'to the notice and to the sufficiency thereof' prior to the date of hearing, and, when overruled, commenced a suit in equity to en

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Ron Westmoreland v. Deborah L. Sutherland

Plaintiff Ron Westmoreland, a firefighter, appeals from the entry of summary judgment in favor of his employer, the City of Bay Village and its Mayor Deborah L. Sutherland, with respect to his claim that he was unlawfully disciplined in retaliation for having exercised his First Amendment rights. See 42 U.S.C. § 1983. The district court found that plaintiff’s speech was not protected by the Fir

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