Newspaper Law
 
Roberto Ramos v. Javier Perez

This is an arbitration case. Appellant, Roberto Ramos, filed suit against appellees, Javier Perez, individually, Hook and Lateral Investments, L.L.C., Livex and Agro, L.L.C., Monte Bonito, L.L.C., Northgate Real Estate Group, L.L.C., P&L Partners, L.L.C., Paradise Rio Carwash, G.P., L.L.C., Sharyland Investors, Ltd., and the Shary Group, L.L.C. (collectively Perez). The parties agreed to arbitra

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Jane Doe v. Indian River School District

The Indian River School Board (the “Board”) has a long-standing policy of praying at its regularly-scheduled meetings, which are routinely attended by students from the local school district. Appellants argue that the Board‟s policy is unconstitutional under the Establishment Clause of the First Amendment. The Board claims that a school board is like a legislative body and that its practice

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Mohammad Mansur v. Ford Motor Company

Interest for The Estate of Omeedeh Mansur, and Arman Mansur and Artemis Mansur, minors, (collectively referred to as “Plaintiffs”), sued Ford Motor Company (Ford) and Drew Ford for (1) strict product liability; (2) negligence; and (3) breach of implied and express warranties. The lawsuit emanated from a fatal car accident. Omeedeh Mansur (Omeedeh) died after the Ford Explorer she was riding in

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Deborah Harris v. Dallas Independent School District

* Plaintiff, Dr. Deborah Harris, appeals from the district court’s order granting summary judgment for defendant Dallas Independent School District (D.I.S.D.) on her claim under the Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, et seq., which permits individuals who work for covered employers to take temporary leave for a “serious health condition,” 29 U.S.C. § 2612. We AFFIRM.

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D.J.M. v. Hannibal Public School Dist.

D.J.M., a student in the Hannibal Public School District #60 (the District), sent instant messages from his home to a classmate in which he talked about getting a gun and shooting some other students at school. The alarmed recipient and a trusted adult she had consulted contacted the school principal about their concerns. School authorities decided they must notify the police, who took a statement

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Robert B. Allen v. Devon Energy Holdings, L.L.C.

This appeal is from a traditional summary judgment in a securities fraud lawsuit. The dispute arises out of the redemption of a minority interest owned by Robert Allen in a closely-held natural gas exploration and development company, Chief Holdings, LLC. Allen claims that Chief and Trevor Rees-Jones, Chief’s manager and majority owner, fraudulently induced him to redeem his interest two years

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Kara Kowalski v. Berkeley County Schools

When Kara Kowalski was a senior at Musselman High School in Berkeley County, West Virginia, school administrators suspended her from school for five days for creating and posting to a MySpace.com webpage called "S.A.S.H.," which Kowalski claims stood for "Students Against Sluts Herpes" and which was largely dedicated to ridiculing a fellow student. Kowalski commenced this action, under 42 U.S.C.

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Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc.

The Equal Employment Opportunity Commission (EEOC) sued Abercrombie & Fitch Stores, Inc. on a civil rights violation theory claiming that it discriminated against Samantha Elauf when it refused to hire her to work in an Abercrombie & Fitch Kids store in 2008 because she insisted on wearing a headscarf. The EEOC sought compensatory damages and injunctive relief again Abercrombie & Fitch.

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Robert Lima v. Newark Police Department

Rule 68 of the Federal Rules of Civil Procedure is intended to promote the amicable resolution of cases. Although it usually serves its intended purpose, Rule 68 presents a trap for the unwary. This trap manifests itself most frequently when a defendant erroneously believes that an accepted Rule 68 offer of judgment finally resolves a civil action, only to be assessed substantial attorney‟s fees

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Mike Touris v. Flathead County

¶1 Mike Touris and Chuck Sneed (“Touris”) appeal from an order of the District Court, Eleventh Judicial District, Flathead County, granting summary judgment in favor of Flathead County, Bigfork Land Use Advisory Committee, Flathead County Planning Board, Flathead County Board of Commissioners, Flathead County Planning and Zoning Office, Flathead County Zoning Administrator Jeff Harris, and Do

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Randy Hoffer v. City of Boise

Randy Hoffer challenges the district court’s dismissal of three of his five tort claims against the City of Boise (the City). The district court dismissed Hoffer’s claims of tortious interference with contract and defamation against the City because it held as a matter of law that under the Idaho Tort Claims Act (ITCA) and this Court’s holding in Sprague v. City of Burley, 109 Idaho 656, 710

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Sharon Elizabeth Zullo v. Inland Valley Publishing Co.

Petitioner Sharon Elizabeth Zullo sued her employer, real party in interest Inland Valley Publishing Co. (Inland) for wrongful termination in violation of California’s Fair Employment and Housing Act (Gov. Code, § 12920 et seq. (FEHA)). The superior court granted Inland’s petition to compel arbitration and stayed the civil proceedings. Petitioner challenged that ruling by way of a petition fo

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Tom Brady v. National Football League

This appeal arises from an action filed by nine professional football players and one prospective football player (“the Players”) against the National Football League and its thirty-two separately-owned clubs, more commonly known as football teams (collectively, “the NFL” or “the League”). On March 11, 2011, a collective bargaining agreement between the League and a union representing

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George Dulin v. Board of Commissioners of the Greenwood LeFlore Hospital

George Dulin formerly served as the attorney for the Board of Commissioners (Board) of the Greenwood Leflore Hospital (Hospital). When the Board terminated his contract, Dulin filed suit alleging race discrimination. The case proceeded to a jury trial. After Dulin presented his case, the Board moved for, and the district court granted, judgment as a matter of law under Federal Rule of Civil Proced

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Warner Bros. Entertainment v. X One X Productions

A.V.E.L.A., Inc., X One X Productions, and Art-Nostalgia.com, Inc. (collectively, “AVELA”) appeal a permanent injunction prohibiting them from licensing certain images extracted from publicity materials for the films Gone with the Wind and The Wizard of Oz, as well as several animated short films featuring the cat-and- mouse duo “Tom & Jerry.” The district court issued the permanent injunc

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Verizon New England, Inc., v. International Brotherhood of Electrical Workers, Local No. 2322

This appeal arises from a denial of injunctive relief against a union under Boys Markets, Inc. v. Retail Clerks Union, Local 770, 398 U.S. 235 (1970), and § 301 of the Labor-Management Relations Act (LMRA), 29 U.S.C. § 185, as well as a denial of declaratory relief concerning actions previously taken by that union. We affirm the denial of injunctive relief, vacate the denial of declaratory relie

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Rogert Steele v. City of Shelley

Roger Steele, et al., (“Appellants”) appeal the district court’s dismissal of their petition for judicial review of the City of Shelley’s (“Shelley”) annexation of land in Bingham County commonly known as “Kelley Acres.” The district court dismissed the petition, finding that there was no statutory authorization for judicial review of Shelley’s category A annexation. Appellants,

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Collie M. Trant v. State of Oklahoma

After his termination as Chief Medical Examiner for the State of Oklahoma (CME), plaintiff Collie M. Trant filed suit in state court against various entities and officers, claiming that his termination violated state and federal law. Citing the presence of federal claims brought against individual officers under 42 U.S.C. § 1983, defendants removed the action to federal court, see 28 U.S.C. § 14

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Daniel J. Wackett v. City of Beaver Dam, Wisconsin

Daniel Wackett sued the City of Beaver Dam and several current and former members of the Board of Public Works and City Council. Wackett alleged the defendants violated his First Amendment rights when he spoke out against their recommendation to purchase a Caterpillar front-end loader. He claims they retaliated against him by not appointing him Director of Public Works. Wackett also alleged supple

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Justin Layshock v. Hermitage School District

We are asked to determine if a school district can punish a student for expressive conduct that originated outside of the schoolhouse, did not disturb the school environment and was not related to any school sponsored event. We hold that, under these circumstances, the First Amendment prohibits the school from reaching beyond the schoolyard to impose what might otherwise be appropriate discipline.

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Peter Murphy v. Millennium Radio Group, LLC

Peter Murphy (“Murphy”) has filed an appeal from the decision of the District Court granting summary judgment to Millennium Radio Group, Craig Carton, and Ray Rossi (the “Station Defendants”) on Murphy‟s claims for violation of the Digital Millennium Copyright Act (“DMCA”), copyright infringement, and defamation under state law. For the reasons given below, we reverse on all counts.<

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Joseph E. Hancock v. Easwaran P. Variyam

Appellant, Joseph E. Hancock, appeals from a judgment entered in a defamation action in favor of Appellee, Easwaran P. Variyam, following a jury trial. In support, Hancock presents three issues: (1) whether the trial court erred in finding as a matter of law that Hancock's written statements were libel per se; (2) whether Variyam's evidence of damages is legally and factually insufficient; and (

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Michael Lacey v. Joseph M. Arpaio

This case arose from the controversial late-night arrests and subsequent release of two Phoenix newspaper executives. As a result, Michael Lacey, Jim Larkin, and Phoenix New Times, LLC (Plaintiffs) sued various officials connected with the Maricopa County Attorney’s Office and the Sheriff’s Office, including the county attorney, the sheriff, and a special prosecutor. They alleged the special p

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Mercatus Group, LLC v. Lake Forest Hospital

The First Amendment of theConstitution states that Congress shall make no law abridging the “right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Under the Noerr-Pennington doctrine, federal antitrust laws have been interpreted to protect these First Amendment rights by immunizing petitioning activity from liability. In this appeal from the di

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Alphonse Dehonzai v. Eric H. Holder, Jr., Attorney General

Alphonse Dehonzai, of the Ivory Coast, petitions for review of a July 10, 2009 order by the Board of Immigration Appeals (BIA). The BIA, affirming an October 4, 2007 ruling of an Immigration Judge (IJ), denied Dehonzai's application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), finding he had not met his burden under any of those claims. Dehonzai ar

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