Newspaper Law
 
Romoland School District, et al. v. Inland Empire Energy Center, LLC, et al.

The Romoland School District and several individuals and environmental groups, (collectively, “Plaintiffs”) appeal the denial of their motion for a preliminary injunction and the dismissal with prejudice of their two claims against Inland Empire Energy Center (“IEEC”), a wholly-owned subsidiary of General Electric Company. Plaintiffs brought suit against IEEC under the citizen suit provisi

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Wildwest Institute; Friends of the Bitterroot, Inc. v. Dave Bull; Abigail Kimbell; United States Forest Service, Bitter Root Resource Conservation and Development Area, Inc.; Ravlli County; Sula Volunteer Fire Department; Robert Wetziseon; Becki Linderman; Rocky Mountain Log Homes

We must decide whether the United States Forest Service complied with federal environmental law in its management of the Bitterroot National Forest.

I In order to effectuate its management role over the national forests, the National Forest Management Act (“NFMA”), 16 U.S.C. §§ 1600 et seq., requires the United States Forest Service (“Forest Service”) to develop and to maintain fo

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Elizabeth J. Louviere and Kevon M. Louviere v. Hearst Corporation, et al.

Elizabeth J. Louviere and Kevon M. Louviere appeal the summary judgment granted in favor of Hearst Corporation, Hearst Newspapers Partnership, II, L.P., d/b/a Beaumont Enterprise, Craig Stark, and David Pero. The Louvieres contend the trial court erred in granting judgment for the defendants on Elizabeth Louviere's Sabine Pilot claim of wrongful discharge. See Sabine Pilot Serv., Inc. v. Hauck, 6

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

In January 2006, Donald Trump filed suit in the Superior Court of New Jersey, Camden County, against Timothy O'Brien and his publisher, claiming that O'Brien defamed him by reporting, in his 2005 biographical book, TrumpNation, that "[t]hree people with direct knowledge of Donald's finances, people who had worked closely with him for years, told me that they thought his net worth was somewhere bet

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Alamo Community College District v. Dr. William Miller

This case concerns Alamo Community College District’s breach of a settlement agreement with a tenured San Antonio College professor, Dr. William Miller, following Miller’s termination from his employment. The trial court awarded Miller $487,237.57 in damages and ordered the Alamo Community College District (“ACCD”) to reinstate Miller to his position at the college (“SAC”). Both ACCD a

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Carman Licciardello v. Rendy Lovelady

Carman Licciardello brought this action in the Middle District of Florida against Rendy Lovelady under the Lanham Act for trademark infringement and related claims arising out of Lovelady’s allegedly unauthorized use of Licciardello’s name, photograph, and apparent endorsement of Lovelady on a website. Lovelady, who resides in Tennessee, filed a Motion to Dismiss for Lack of Personal Jurisdict

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Dolla Garcia v. Ted Parks, LLC, et al.

¶1 This cause concerns a dispute over title to a home owned since March 12, 1981, by the appellant, Dolla Garcia, also known as Dolla Moore (landowner). The appellee, Ted Parks, Inc. (Parks) asserts an interest in the property by virtue of his Certificate of Tax Deed. The legitimacy of Park's interest in the property is contingent on: 1) whether the Oklahoma County Treasurer's October 6, 2003, ta

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Alamo Community College District v. Dr. William Miller

This case concerns Alamo Community College District’s breach of a settlement agreement with a tenured San Antonio College professor, Dr. William Miller, following Miller’s termination from his employment. The trial court awarded Miller $487,237.57 in damages and ordered the Alamo Community College District (“ACCD”) to reinstate Miller to his position at the college (“SAC”). Both ACCD a

More...   $487237 (10-15-2008 - TX)

James F. Howell v. The Enterprise Publishing Company, LLC, et al.

The defendants, The Enterprise Publishing Company, LLC, and reporters Elaine Allegrini and Allan Stein (collectively, Enterprise), obtained leave from a single justice of this court, see G.L. c. 231, § 118, to pursue this interlocutory appeal. Enterprise claims error in the denial of its motion for summary judgment as to plaintiff James F. Howell's defamation, invasion of privacy, and intentional

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Stonehouse Homes v. City of Sierra Madre, et al.

Stonehouse Homes LLC (Stonehouse) appeals an order (judgment) of dismissal entered after the trial court sustained a demurrer to Stonehouse’s complaint for declaratory relief with leave to amend, and Stonehouse declined to amend. Stonehouse seeks a declaration that resolution No. 06-024 (moratorium resolution) was enacted by respondents the City of Sierra Madre (City) and the Sierra Madre City C

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M.A.L. v. Stephen Kinsland

This case presents the question of whether it is constitutional for a public middle school to regulate the time, place, and manner of a student’s speech by preventing him from handing out leaflets in school hallways between classes and instead allowing him to post his leaflets on hallway bulletin boards and to distribute them during lunch hours from a cafeteria table. The district court held tha

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Equal Employment Opportunity Commission (EEOC) v. Lee's Log Cabin

The Equal Employment Opportunity Commission (“EEOC”) filed suit against Lee’s Log Cabin restaurant in Wausau, Wisconsin, claiming it violated the Americans with Disabilities Act (“ADA”) when it refused to hire Korrin Krause Stewart for a waitstaff position because she was HIV-positive. After Log Cabin moved for summary judgment, the EEOC switched gears and claimed Log Cabin did not hire

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Freedom Communications, Inc. v. The Superior Court of Orange County; Respondent; Nelson Gonzalez, et al.

A newspaper, petitioner Freedom Communications, Inc., doing business as The Orange County Register (The Register), seeks extraordinary relief from an order enjoining it from reporting on trial testimony in a case in which it is the defendant. As explained below, we find this order an impermissible prior restraint violative of both the United States and California Constitutions. Finding plain error

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Michael Goodall v. Whispering Woods Center, LLC

The issue in this case is whether Michael Goodall, as assignee of MKJH, LLC, stated a cause of action for reformation against Whispering Woods Center, L.L.C. We hold that Goodall stated a cause of action for reformation and reverse the trial court’s dismissal of Goodall’s claims for reformation and breach of contract as reformed. We affirm the trial court’s dismissal of the remaining claims

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

Roscoe Pound offered the following pertinent comments as to a judge's responsibility when setting forth an opinion:

The opinions of the judge of a highest court of a state are no place for intemperate denunciation of the judge's colleagues, violent invective, attributings of bad motives to the majority of the court, and insinuations of incompetence, negligence, prejudice, or obtuse

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Sue Carol Perreault, etc. v. The Free Lance-Star, et al.

This appeal arises from four separate wrongful death actions brought pursuant to Code § 8.01-50 and ultimately settled by the parties through mediation. The principal issue we consider is whether the circuit court erred in requiring the settling parties to those actions to file written petitions reciting the financial terms of the compromise settlements in order to obtain court approval of those

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Robert Martinez, et al. v. Regents of the University of California

United States citizens who pay nonresident tuition for enrollment at California’s public universities/colleges brought a lawsuit attacking a state statute (Ed. Code, § 68130.51) which allows certain illegal aliens2 to pay the less-expensive resident tuition to attend these universities/colleges. Plaintiffs3 filed a class action lawsuit against defendants Regents (Regents) of the University of C

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Al Varisco v. Gateway Science and Engineering, Inc.

Appellant Al Varisco sued respondent Gateway Science and Engineering for wrongful termination of employment and similar causes of action, all of which depended on the allegation that he had been Gateway's employee. Gateway moved for summary judgment on the ground that Varisco was not an employee, but an independent contractor. The trial court found for Gateway, and we affirm. All the undisputed fa

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Steven A. Boren v. The BOC Group, Inc., et al.

The defendants appeal an order of the circuit court of Madison County granting a new trial in this cause. We affirm.

BACKGROUND

The plaintiff, Steven A. Boren, filed a complaint against multiple defendants, alleging that his Parkinson's disease was the result of his exposure to welding fumes and that the defendants failed to adequately warn of the neurological risks from manganese in

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Thomas L. Knight v. Chicago Tribune Company, Maurice Possley and Ken Armstrong

This defamation action involves a trial about a trial about a trial. Thomas Knight was an assistant State's Attorney who prosecuted Rolando Cruz for the murder of Jeanine Nicarico.

Eventually the court acquitted Cruz. Other prosecutors later charged Knight with obstruction of justice. Knight also won an acquittal. Knight then sued Maurice Possley and his employer, the Chicago Tribune, acc

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Carl Sieber v.

Carl Sieber appeals the trial court's order granting summary judgment in favor of Jay Carson and Brookshire Grocery Company (the "Company"). In three issues, Sieber contends that the trial court erred in granting a summary judgment. We affirm. * * * In approximately 1986, Sieber became acquainted with Carson. In 1994, Carson approached Sieber about taking Carson's son hunting on Sieber's 165 acre

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Juanita M. Tostado v. City of Laek Havasu

¶1 Juanita M. Tostado (“Appellant”) appeals the superior court’s grant of summary judgment in favor of the City of Lake Havasu (“the City”). Appellant argues on appeal that the superior court improperly found that the City had absolute immunity. For the reasons discussed below, we reverse the superior court’s grant of summary judgment and remand the case for further proceedings.
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Showing Animals Respect and Kindness, et al. v. City of West Hollywood

The City of West Hollywood bans all “mobile billboard advertising” of any content, at any time, on any street. Plaintiffs, a nonprofit organization and its president, contend that the ban is an unconstitutional interference with their freedom of speech under the United States and California constitutions. The trial court held that the ban is constitutional. We agree.

FACTS AND PROCEEDIN

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David Greenwell v. Paul Parsley

Paul Parsley, the former sheriff of Bullitt County, Kentucky, fired deputy sheriff David Greenwell immediately after he learned through a newspaper article that his deputy intended to run against him in the next election. Greenwell responded by filing suit against Parsley and his chief deputy Mack (Jim) McAuliffe. The only federal cause of action included in the complaint was an allegation that d

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Carl Madison v. Renatta Frazier, Kourtney W. Mitchell, Renatta's Heart, Incorporated

In late 2001, Renatta Frazier, an African-American police officer with the Springfield Police Department, became the subject of an internal affairs investigation when she was accused of failing to prevent a rape while on duty. The incident occurred on October 31, 2001, when Frazier allegedly failed to respond to a dispatch call. She left the Department in November 2001 on a medical leave and appar

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