Newspaper Law
 
St. Luke's Cataract and Laser Institute, P.A. v. James C. Sanderson, M.D., LLC

This appeal arises out of an intellectual property dispute between Plaintiff St. Luke’s Cataract and Laser Institute, P.C. (“St. Luke’s”) and Defendants Dr. James C. Sanderson and James C. Sanderson, M.D., LLC (“Dr. Sanderson”) regarding the ownership and use of two Internet domain names (laserspecialist.com and lasereyelid.com) and an Internet website (“the LaserSpecialist.com websi

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Russell A. Plus, Jr. v. Landmark Community Newspapers, Inc.

Appellant Russell A. Puls Jr. appeals the district court’s grant of summary judgment in favor of Appellees Landmark Community Newspapers, Inc. and Landmark Community Newspapers of Colorado, Inc. (collectively referred to as LCNI) in a dispute over their alleged breach of a severance of employment 1 In addition to his breach of contract and intentional interference with contract claims, Mr. Puls

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Jesse C. Trentadue v. Federal Bureau of Investigation

Jesse Trentadue, apparently spurred by concern about the death of his brother in federal custody, has vigorously sought information concerning investigations conducted by the Federal Bureau of Investigation (FBI).1 This appeal arises out of his suit under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, to obtain records of the FBI’s investigation into the infamous bombing of the Alfred R

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Bar Harbor Bank & Trust v. The Woods at Moody, LLC, et al.

[¶1] The Woods at Moody, LLC and Christopher J. Gordon appeal from a summary judgment entered in the Superior Court (Penobscot County, Murphy, J.) in an action arising from a commercial loan secured by a mortgage. The appellants contend that Bar Harbor Bank & Trust was not entitled to summary judgment because: (1) its complaint failed to plead the elements necessary to obtain a deficiency judgmen

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Melissa Kohout v. City of Fort Worth, Texas, David Lunsford and Tom Edwards

Melissa Kohout appeals from the trial court=s grant of the plea to the jurisdiction filed by the City of Fort Worth, Texas (Athe City@), David Lunsford (the City=s gas well inspector), and Tom Edwards (the City=s senior gas drilling inspector) on her claims that she was denied due process, equal protection, and the right to petition her government. In one issue, Kohout argues that she has standin

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Jorge Vila v. Inter-American Investment Corporation

The Inter-American Investment Corporation (“IIC”) appeals the denial of its motion to dismiss an independent consultant’s unjust enrichment claim on grounds of immunity and untimeliness. Applying the well-settled test in this circuit, we affirm the denial of immunity. By waiving immunity from unjust enrichment claims of independent consultants whom the IIC solicits to help negotiate the comm

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Robert Shappy v. Downcity Capital Partners, Ltd. et al.

The plaintiff, Robert Shappy, appeals from the Superior Court’s grant of motions for summary judgment entered in favor of the defendants, Downcity Capital Partners, Ltd. and RESOL, LLC (collectively defendants).1 Before this Court, the plaintiff contends that the issue of whether he was negligent when he signed a quitclaim deed that conveyed property to his son-in-law, Douglas P. Cataldo, is a q

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Hugh M.Caperton, et al. v. A.T. Massey Coal Co., Inc., et al.

In this case the Supreme Court of Appeals of WestVirginia reversed a trial court judgment, which had entered a jury verdict of $50 million. Five justices heard thecase, and the vote to reverse was 3 to 2. The questionpresented is whether the Due Process Clause of the Fourteenth Amendment was violated when one of the justices in the majority denied a recusal motion. The basis for the motion was tha

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David N. Missner v. Robert A. Clifford

In this defamation action, plaintiff David N. Missner appeals from an order in which the circuit court converted defendant Robert A. Clifford’s motion to dismiss under section 2- 619(a)(9) of the Code of Civil Procedure (Code) (735 ILCS 5/2-619(a)(9) (West 2006)) into a motion for summary judgment under section 2-1005 of the Code (735 ILCS 5/2-1005 (West 2006)), and subsequently granted summary

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Sharon A. Lucero v. Nettle Creek School Corporation, et al.

Plaintiff Sharon Lucero taught English to 12th grade students during the 2003-04 school year. In the summer of 2004, she was assigned to teach English to 7th graders instead. Following her reassignment, Lucero filed discrimination charges against her school system, its administrators, and members of the school board of trustees. Lucero brought eleven separate claims. The district court granted sum

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Erica Corder v. Lewis Palmer School District No. 38

Plaintiff-Appellant Erica Corder appeals the grant of Defendant-Appellee Lewis Palmer School District No. 38’s (“School District”) Fed. R. Civ. P. 12(c) motion for judgment on the pleadings. Corder brought claims under the First Amendment, the Equal Protection Clause of the Fourteenth Amendment, and Colo. Rev. Stat. § 22-1-120, stemming from the School District’s response to Corder’s va

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Rondigo, LLC v. Casco Township, Michigan

Plaintiffs-Appellants Rondigo, L.L.C., Delores Michaels, Ronald Michaels, and King of the Winds, Inc. (collectively, “Rondigo”) appeal the order of the district court granting summary judgment in favor of Defendant-Appellee Casco Township (“Casco” or “the Township”) in this § 1983 action. After Casco failed to approve Rondigo’s applications to operate a composting facility in Casco,

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Eleanor Lafata v. Church of Christ Home for the Aged

Plaintiff Eleanor Lafata, a licensed practical nurse, appeals the district court’s grant of summary judgment in favor of Defendant Church of Christ Home for the Aged. The district court granted summary judgment to Defendant on Plaintiff’s claims under the Family Medical Leave Act (“FMLA”), 29 U.S.C.A. § 2601 et seq., and the Americans with Disabilities Act (“ADA”), 42 U.S.C.A. § 1210

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IOTA XI CHAPTER OF SIGMA CHI FRATERNITY v. PAMELA PATTERSON, Associate Dean of Students, et al.

The Iota Xi Chapter of Sigma Chi Fraternity (the "Chapter") and two of its officers, Ryan Duckwitz and Justin Pietro, sued George Mason University (the "University") and several of its administrators1 in the Eastern District of Virginia, alleging, inter alia, constitutional claims under 42 U.S.C. § 1983. The Chapter and certain of its members were sanctioned by the University following their invo

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United States of America v. Philip Morris, USA, Inc., et al.

Defendants in this action, cigarette manufacturers and trade organizations, appeal from the district court’s judgment finding them liable for conducting the affairs of their joint enterprise through a pattern of mail and wire fraud in a scheme to deceive American consumers. They also appeal from the district court’s remedial order, which imposes numerous negative and affirmative duties on Defe

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George L. Rosado, et al. v. Bridgeport Roman Catholic Diocesan Corporation, et al.

This case returns to this court for the second time, having been remanded to the trial court following our decision in Rosado v. Bridgeport Roman Catholic Diocesan Corp., 276 Conn. 168, 884 A.2d 981 (2005). The named defendant, the Bridgeport Roman Catholic Diocesan Corporation (diocese), and certain individual clergymen,1 appeal from the judgments of the trial court, Alander, J., granting in part

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Kenneth Markes, etc. v. Melvin Markes, et al.

¶1 Kenneth Markes, Patrick Markes, Kathy Grim, and Debbie McClurg (collectively, Appellants) appeal from an order of the trial court refusing to confirm a sale of real property belonging to Wilma Markes (Decedent). The central issue on appeal is whether the trial court erred in finding that the personal representatives' exercise of the power of sale contained in Decedent's will was subject to a f

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Citifinancial Auto, Inc. v. Mike's Wrecker Service, Inc.

Mike's Wrecker Service, Inc. (Mike's ), appeals the district court's decision granting summary judgment in favor of Citifinancial Auto. Inc. (Citifinancial). Citifinancial had a lien on a 2004 Ford Mustang purchased and titled in Nevada. After local police discovered the Mustang abandoned without any tags in Manhattan, Kansas, they called Mike's to tow and store the car. Pursuant to K.S.A. 8-1101

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Norma A. Wofford v. Jamie Bonilla

Plaintiff Norma A. Wofford was injured in a traffic accident while riding as a passenger in a minivan that collided with a tractor-trailer driven by defendant Jamie Bonilla. A jury found that Mr. Bonilla was not negligent, and the district court entered judgment in his favor. Ms. Wofford appeals, arguing that the district court improperly instructed the jury on passenger negligence. We have jurisd

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Audrey Manuel, et al. v. Pacific Gas & Electric Co.

Fourteen-year-old Erika Manuel climbed a transmission tower owned by Pacific Gas & Electric Company (PG&E). Tragically, she came in contact with a live transformer and was electrocuted, suffering serious injuries. She died eleven days later. Erika’s parents sued PG&E, which ultimately obtained summary judgment based on the immunity provided by Civil Code section 846. We affirm.

BACKGROUND

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Cecilia L. Barnes v. Yahoo!, Inc.

We must decide whether the Communications Decency Act of 1996 protects an internet service provider from suit where it undertook to remove from its website material harmful to the plaintiff but failed to do so.

I

This case stems from a dangerous, cruel, and highly indecent use of the internet for the apparent purpose of revenge.1 In late 2004, Cecilia Barnes broke off a lengthy relat

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Ed Herman Morris v. Landnpulaski, LLC and Mark Wilcox, Commissioner of State Lands

Appellant Ed Morris appeals the trial court’s order dismissing his complaint seeking to set aside the limited warranty deed acquired by separate appellee LandNPulaski, LLC, following the tax sale of his property and quieting title to the subject property in his favor.

Morris contends that notice of the tax sale did not meet strict statutory requirements and did not comport with the Fourte

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Marcus Yono, Livingston Building Company, LLC and Suttons Pointe Development, LLC v. Eric Carlson and Leelanau Enterprises, Inc.

Plaintiffs appeal by delayed leave granted from the trial court’s order granting defendants’ motion for change of venue. We affirm. The facts submitted established that plaintiff Yono is a resident of Livingston County. He is also the sole member of plaintiff Livingston Building Company, L.L.C., a construction company based in Livingston County, and is a member and manager of plaintiff Suttons

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Centimark Corporation v. Village Manor Associates Limited Partnership

The plaintiff, Centimark Corporation (Centimark), commenced this action against the defendant, Village Manor Associates, Limited Partnership (Village Manor), seeking, inter alia, to foreclose a mechanic’s lien that it had placed on Village Manor’s real property after Village Manor had failed to pay Centimark for services rendered in installing a roof. Village Manor, alleging problems with the

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David A. Kipper, M.D., et al. v. NYP Holdings Co., Inc., &c.

In this appeal, we must determine whether the summary judgment record contains clear and convincing evidence that defendant published a false and defamatory statement concerning the revocation of plaintiff's medical license with "actual malice," as defined in New York Times Co. v Sullivan (376 US 254 [1964]). Because it does not, we affirm the Appellate Division's grant of summary judgment to defe

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