Newspaper Law
 
Steve Trunk v. City of San Diego

“A rose is a rose is a rose.”

— Gertrude Stein, Sacred Emily, 1913.

Stein wrote this sentiment to express the flower’s indescribable, unchangeable essence. The panel appears to have transmogrified Stein’s ode to a rose into a new rule of law—“a cross is a cross is a cross.” Alas, that is neither good poetry nor valid law. Unlike roses, religious symbols can hav

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Andrew P. Johnson v. Metropolitan News Company

Metropolitan News Company (MNC) appeals a judgment declaring The Wall Street Journal (WSJ) a newspaper of general circulation for the City of Los Angeles pursuant to Government Code section 6000.1 MNC contends WSJ fails to satisfy the statutory requirements because it is not “printed and published” exclusively in the City of Los Angeles and because the “typesetting” does not take place in

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James E. Toxel, 3D v. Iguana Cantina, LLC

This case arises out of a claim filed by appellant, James E. Troxel, in the Circuit Court for Baltimore City in which he sought damages for injuries he allegedly received on the dance floor of a nightclub called Iguana Cantina located near the Inner Harbor in Baltimore City. Troxel sued the following defendants: (1) Iguana Cantina, LLC, the entity that operated the club, (2) Timothy S. Bennett, th

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Sara Rutanhira v. Tinotenda Rutanhira

¶ 1. SKOGLUND, J. Father appeals a family division order awarding mother primary legal rights and responsibilities for the parties’ daughter based on the court’s conclusion that father exercised poor judgment in desiring to take his daughter to his birth country, Zimbabwe. On appeal, father contends that the trial court abused its discretion by considering evidence outside of the proce

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Patricia Donahue v. United States of America

The petition for rehearing having been denied by the panel of judges who decided the case, and the petition for rehearing en banc having been submitted to the active judges of this court and a majority of the judges not having voted that the case be heard en banc, it is ordered that the petition for rehearing and the petition for rehearing en banc be denied.

LYNCH, Chief Judge, BOU

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Yuin University v. Korean Broadcasting System

This matter involves a defamation action filed by appellant Yuin University (Yuin) against respondent Korean Broadcasting System (KBS) for a news broadcast which characterized Yuin as a “degree factory.” Judgment was entered for KBS on Yuin‟s libel claim. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

I. The Broadcast

On September 2, 2007, KBS broadcast a segm

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James D. Rosemann v. Linda S. Roseman

Linda S. Rosemann (Wife) appeals from the judgment denying her motion to set aside a Dissolution of Marriage default judgment. We reverse and remand.

Factual and Procedural Background

On July 25, 2008, James D. Rosemann (Husband) filed a Petition for Dissolution of Marriage. On July 28, 2008, the trial court issued a summons to Wife and ordered a special process server. On August 28,

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Michael Murphy v. Ernest Reynolds, III

In five issues, a media defendant, Appellant Michael Murphy, brings this interlocutory appeal, asserting that the trial court erred by partially denying his motion for summary judgment. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(6) (West 2008). We are constrained to reverse and render.

II. Factual and Procedural History

Appellee Ernest Reynolds, III sued Murphy, a

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Nashua Housing Authority v. Wendy Wilson

The defendant, Wendy Wilson (tenant), appeals a decision of the Nashua District Court (Bamberger, J.) ruling that she breached her lease with the plaintiff, Nashua Housing Authority (NHA or landlord). We reverse. The record supports the following facts. The tenant rents an apartment in a public housing development in Nashua. The lease provides that the tenant “shall not engage in . . . [a]ny dru

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John Doe v. The Catholic Diocese of El Paso

John Doe, a former altar boy, filed suit against Msgr. Thomas Rowland, the supervisory priest, and The Catholic Diocese of El Paso. The trial court granted summary judgment in favor of the Appellees. Because Doe’s causes of actions are barred by limitations, we affirm the judgment of the trial court.

FACTUAL BACKGROUND

John Doe was born on January 4, 1948. When he was a

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In the Matter of Roman Catholic Archdishop of Portland in Oregon

Documents produced in discovery and filed in the bankruptcy court contained allegations that Fathers M and D, two priests who were not parties to the Portland Archdiocese’s bankruptcy case, had sexually abused children. The bankruptcy court held that the discovery documents at issue could be disclosed to the public, because the public’s interest in disclosure of these discovery documents outwe

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Royal Caribbean Cruises, Ltd. v. Bjoern Eidissen

Royal Caribbean Cruises, Ltd. seeks certiorari review of an order granting Bjoern Eidisson’s motion to amend his complaint to add a claim for punitive damages. While we agree that the evidence adduced and proffered is legally insufficient to support a punitive damages claim, we deny the petition as we are without jurisdiction to address this determination on the merits. See Globe Newspaper Co. v

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Bradley R. Johnson v. Poway Unified School District

We consider whether a public school district infringes the First Amendment liberties of one of its teachers when it orders him not to use his public position as a pulpit from which to preach his own views on the role of God in our Nation’s history to the captive students in his mathematics classroom. The answer is clear: it does not.

When Bradley Johnson, a high school calculus teacher, g

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Donald J. Trump v. Timothy L. O'Brien, Time Warner Book Group, Inc. and Warner Books, Inc.

Donald Trump, the plaintiff in a suit for defamation, appeals from a Law Division order granting summary judgment to defendants, Timothy O'Brien, the author of TrumpNation, The Art of Being The Donald, and his publishers, Time Warner Book Group, Inc. and Warner Books, Inc.1 On appeal, Trump contends that he produced clear and convincing evidence of actual malice on the part of O'Brien and that iss

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Amber Duick v. Toyota Motor Sales, U.S.A., Inc.

Defendants Toyota Motor Sales, U.S.A., Inc. (Toyota) and Saatchi & Saatchi North America, Inc. (Saatchi) appeal from the denial of their motion to compel arbitration of plaintiff Amber Duick‘s claims. We affirm because the putative contract is void on account of fraud in the inception.

BACKGROUND1

Duick‘s claims arise from her apparently unwitting participation in an internet-bas

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James D. Gentry v. Harborage Cottages-Stuart, LLLP

COX, Circuit Judge: Several purchasers of condominium units sued developer Harborage Cottages- Stuart, LLLP (“Harborage”), alleging that Harborage violated the Interstate Land Sales Full Disclosure Act (“ILSFDA”), 15 U.S.C. § 1701, et seq., and several Florida statutes. The district court granted summary judgment in favor of the purchasers. Central to this appeal is the court’s conclusi

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Sarah Illig v. Union Electric Company

Sarah and Gale Illig (collectively, "Illig"), on behalf of themselves and others similarly situated, brought suit against Union Electric Company ("Union") in Missouri state court, alleging claims of inverse condemnation and trespass under Missouri law.

The Surface Transportation Board (STB) regulates "the construction, operation, and abandonment of most railroad lines in the United States."

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Barry Nolan v. CN8, The Comcast Network

Barry Nolan, a regional television personality, was discharged from his employment with The Comcast Network, LLC ("Comcast") after he publicly protested the selection of political commentator Bill O'Reilly for a prestigious broadcasting award. In response to this discharge, Nolan filed in the Massachusetts Superior Court a claim of speech-motivated retaliation under the Massachusetts Civil Rights

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Dan A. Gattis v. Jana Duty

In this interlocutory appeal from the denial of a plea to the jurisdiction, the principal issue we must decide is whether the county attorney of Williamson County, in either her individual or official capacity, has standing to sue the county commissioners court for allegedly violating the Open Meetings Act and local government code in the course of making budgetary transfers that negatively impact

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Lynn Brandau v. Howmedica Osteonics Corporation

Plaintiff-Appellant Lynn Brandau (Brandau) brought a products liability suit against Defendants-Appellees Howmedica Osteonics Corporation et al. (collectively HOC), alleging design, manufacturing, and marketing defects relating to a Scorpio TS prosthesis implanted in her right knee. HOC moved to dismiss, and the district court granted the motion. For the following reasons, we

REVERSE and RE

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Kevin Dolan v. King County

In Gideon v. Wainwright, 372 U.S. 335, 83 S. Ct. 792, 9 L. Ed. 2d 799 (1963), the United States Supreme Court guaranteed to indigents the right of legal representation at public expense. King County, like other local governments in this state, sought ways to provide the required defense services to indigent criminal defendants. After investigating several different models, the county settled

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Everett W.Cox III v. Warwick Valley Central School District

Everett Cox III and Nan Ping Peng, parents of a middle
school student, appeal from a judgment of the United States
District Court for the Southern District of New York (Gwin,
J., sitting by designation) dismissing on summary judgment
their § 1983 complaint against Warwick Valley Central School
District and Principal John Kolesar. Cox and Peng appeal
1 the dismissal of: [1]

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Michael Howard v. Criminal Information Services, Inc.

These appeals involve two essentially identical actions filed in two different states, Oregon and Washington, by different groups of Plaintiffs, each of which seeks to represent a class.

The actions seek damages on the ground that Plaintiffs’ personal information was obtained by Defendants in violation of the Driver’s Privacy Protection Act (“DPPA”), 18 U.S.C. §§ 2721-2725. That s

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Stepping Stone Homes, Inc. v. Wisconsin Public Service Corpration

¶1 Spouses Tiffany and Joshua DeWall defaulted on a land contract. They appeal from a judgment of strict foreclosure entered in favor of Stepping Stone Homes, Inc., and dismissing their counterclaims and affirmative defenses. The DeWalls contend that their claims of unconscionability, fraud and/or misrepresentation and a breach of the duty of good faith present questions of fact making s

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Arlene Fontenot v. Wells Fargo Bank, N.A.

Plaintiff Arlene Fontenot sued Wells Fargo Bank, N.A. (Wells Fargo), Mortgage Electronic Registration Systems, Inc. (MERS), and three other entities after she defaulted on a secured real estate loan and lost the property to foreclosure. In the fourth amended complaint, plaintiff alleged the foreclosure was unlawful because Wells Fargo had breached an agreement to forbear from foreclosure, and MERS

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