Newspaper Law
 
Relph Levin and Estelle Levin v. Palm Coast Builders and Construction, Inc.

Palm Coast, which built a home for the Levins, filed a mechanic's lien alleging it had not been fully paid. Palm Coast partially recovered damages, but the court found the lien fraudulent. We affirm.

The trial court found that the lien filed by Palm Coast was fraudulent because it included nonlienable items such as pool upkeep charges, lawn maintenance charges, homeowner's association

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Howard E. Mandell v. The County of Suffolk, et al.

This is an appeal in an employment discrimination case. There is a nursery rhyme that teaches "sticks and stones may break my bones, but names will never hurt me." Such is a lesson particularly doubtful in the workplace, as illustrated by this case, because alleged epithets and demeaning invective directed at a plaintiff by his or her superiors or co-workers can, if believed by a factfinder, subje

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John J. Swick, Jr., et al., v. The New York Times Compnay, et al.

Plaintiff John Swick, Jr.See footnote 11 and his wife, Deborah Swick, appeal from a judgment of the Law Division dismissing their claim against defendant, The New York Times Company. We affirm.

The facts in this controversy are undisputed. On November 15, 1996, plaintiff seriously injured his left arm, hand, and fingers when he attempted to inspect and repair the newspaper convey

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Public Service Company of Oklahoma v. National Labor Relations Board, International Brotherhood of Electrical Workers, Local Union 1002

Public Service Company of Oklahoma petitioned for review of an order issued by the National Labor Relations Board. Among other things, the order required the Company to bargain collectively and in good faith with the International Brotherhood of Electrical Workers, Local Union 1002. The Board filed a cross-application for enforcement of the order. We granted the Union permission to intervene in

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Tarrant County v. Steven Van Sickle

In eight issues, appellant Tarrant County appeals from the trial court's judgment granting appellee Steven Van Sickle, a former county deputy sheriff of Tarrant County, a permanent mandatory injunction preventing Tarrant County from discontinuing payment of Van Sickle's salary until his retirement. The trial court also awarded damages for unpaid past salary and attorney's fees. We reverse and rend

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Michael J. Vinenz, et al. v. Hintzsche Fertilizer, Inc.

Plaintiff, Michael J. Vinzenz, d/b/a Agri-Associates, appeals from a summary judgment that the trial court entered in favor of defendant, Hintzsche Fertilizer, Inc. Plaintiff contends that, contrary to the trial court's ruling, he was entitled to a fee for the employment recruitment services he provided to defendant notwithstanding defendant's payment of a fee to another employment recruiter. Plai

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Mary Zanakis-Pico and Thomas Pico, Jr. v. Cutter Dodge, Inc.

The plaintiffs-appellants/cross-appellees, Mary Zanakis-Pico and Thomas M. Pico (the Picos) appeal from the amended judgment of the first circuit court, the Honorable Gary W.B. Chang presiding, filed on November 4, 1999. The Picos argue that the circuit court erred in: (1) partially granting the motion of the defendant-appellee/cross-appellant Cutter Dodge, Inc., dba Cutter Dodge Chrysler Plymouth

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Ray and Carol Lewis v. Mountain Streams Outfitters

Wrongful death claim by the parents of Kathy Lewis, who drowned when she fell out of a 12-foot raft on rough rapids along the lower Youghiogheny River when she and her five companions hit a rock in Ohiopyle State Park. The current pulled off her buckled life vest. According to a newspaper report by the Associated Press: "At least 17 people have drowned on the Lower Youghiogheny since 1976 -- eigh

More...   $250000 (01-30-2003 - PA)

Bradley B. Bingham v. Sun Life of Canada

Appellant Bradley Brigham claims that appellee Sun Life of Canada violated the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461, when it terminated his long-term disability benefits. Brigham had been receiving benefits for five years based on his inability to perform his regular occupation. After that time period, benefits were available under his plan only if he w

More...   $0 (01-28-2003 - MA)

Ted Wood v. Pattilou Dawkins

Appellant Ted Wood (Wood) appeals from an ordering granting a take-nothing summary judgment in favor of appellee Pattilou Dawkins (Dawkins) in an action for libel brought against her as a result of a letter she wrote to two newspapers. For the reasons set forth, we affirm the judgment of the trial court.

Dawkins filed a traditional motion for summary judgment under Rule 166a(c) of the Rules

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Kenneth C. Rossignol, et al. v. Richard J. Voorhaar, et al.

Plaintiff Kenneth Rossignol brought suit against defendants for their organized efforts to suppress the distribution of the election day issue of plaintiff Island Publishing Company's newspaper, St. Mary's Today. Plaintiffs sought damages and injunctive relief under 42 U.S.C. § 1983, the Maryland Constitution, and Maryland common law. The district court granted summary judgment to defendan

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Peter Schivarelli, et al. v. CBS, Inc., et al.

Plaintiffs, Peter Schivarelli and H.D. Stands, L.L.C., also known as Demon Dogs, appeal the order of the circuit court dismissing their complaint against defendants, CBS Broadcasting, Inc.(1), WBBM Television, and Pamela Zekman, for defamation, false light invasion of privacy, commercial misappropriation, and commercial disparagement. Plaintiffs also appeal the order of the circuit court denying t

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Ruth Ditto, Personal Representative of the Estate of Victor C. Ditto v. David W. Stoneberger, et al.

On July 25, 1998, Edward Stoneberger was hit in the head and killed by a metal pipe that fell from the roof of a two-story feed mill building owned by Richard and Helen Reynolds. At the time of the accident, the building was being demolished by Victor Ditto.

Mr. Stoneberger was survived by a sister, forty-four year old Mary Stoneberger, and a niece, sixteen year old Candi Blessing. The person

More...   $348820 (08-29-2002 - MD)

David Pegasus and Beverly Pegasus, d/b/a Salsa Dave's v. Reno Newspapers, Inc., d/b/a Reno Gazette-Journal

Appellants, David and Beverly Pegasus, owned and operated Salsa Dave's, a Mexican-American eatery in Sparks, Nevada. Stacy Ferrante, a freelance journalist, wrote a negative review of Salsa Dave's, which was published in the Reno Gazette-Journal (RGJ). The review contained allegedly false factual allegations. The Pegasuses filed a complaint against the RGJ, asserting that Ferrante's review con

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Edgar J. Steele v. The Spokesman-Review, et al.

This is an action claiming damages for defamation, invasion of privacy, and intentional infliction of emotional distress against the Spokesman-Review newspaper for purportedly libelous statements and innuendo contained in an article reporting on Edgar Steele's decision to represent the Aryan Nations in the Kootenai County District Court case of Keenan v. Aryan Nations. Because of the truth of

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Vincent J. Mule v. New Jersey Manufacturers Insurance Company

Defendant, New Jersey Manufacturers Insurance Company, appeals the Law Division's entry of summary judgment declaring plaintiff entitled to uninsured motorist (UM) benefits under his automobile liability policy. N.J.S.A. 17:28-1.1. Defendant argues that plaintiff's claim should be barred by the provisions of the Worker's Compensation Act, N.J.S.A. 34:15-8. We disagree and affirm.

The facts are n

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Devine & Devine Food Brokers, Inc. v. Wampler Foods, Inc. and Cuddy Farms, Inc.

The genesis of this dispute can be traced to 1987, when Devine and Cuddy entered into a written food brokerage agreement ("the Agreement") that memorialized an oral contract under which the parties had operated since 1984. The parties subsequently added an amendment to the Agreement, providing for a substantial severance payment to Devine should Cuddy choose to terminate the Agreement. By its term

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Richard W. Katzberg v. The Regents of the University of California

In 1991, plaintiff Richard Katzberg was appointed professor of medicine at the University of California at Davis Medical School and Chairperson of the Department of Radiology at the University of California Davis Medical Center. In July 1995, the university commenced an investigation concerning alleged mishandling of funds by the department of radiology. In February 1996, the university issued

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Orlando H. Harris, et al. v. Allstate Insurance Company

Plaintiff-appellant Service Professionals, Inc. ("SPI") is a minority-owned business. Defendant-appellee Allstate Insurance Company maintains a list of vendors to which it refers its insureds for repair work. SPI was on this list, but allegedly received a disproportionately low number of the referrals. SPI filed the present suit alleging that Allstate's referral practices amounted to racial discri

More...   $0 (11-27-2002 - OK)

Computer Thermal Imaging, Inc. v. Bloomberg, L.P.

To propel a breast imaging technology from its development stage to the marketplace, Computerized Thermal Imaging, Inc. (CTI) sold stock in the venture, applied to the NASDAQ Stock Exchange for a national listing, and sought FDA pre-market approval. Bloomberg News reported the activity, fomenting the underlying lawsuit for libel. CTI now appeals the dismissal of that action, contending the distric

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Peter Veeck v. Southern Building Code Congress International, Inc.

The issue in this en banc case is the extent to which a private organization may assert copyright protection for its model codes, after the models have been adopted by a legislative body and become "the law". Specifically, may a code-writing organization prevent a website operator from posting the text of a model code where the code is identified simply as the building code of a city that enacted

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Magic Valley Newspapers, Inc. d/b/a The Times News v. Magic Valley Regional Medical Center, et al.

The appellants challenge a judgment requiring them to disclose the names of employees in connection with a request to examine records showing the name, title, and annual salary of all employees earning in excess of $50,000 per year. We affirm the judgment of the district court.
I. FACTS AND PROCEDURAL HISTORY

The Magic Valley Regional Medical Center (herein "Hospital") is a hospital owned b

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Morris B. Heard, et al. v. C. Phillip Johnson

The trustees of Mount Airy Baptist Church (Trustees) contend that they are entitled to the protections of the Free Exercise Clause of the First Amendment in defending against a claim of defamation that arose from the removal of their former pastor. We agree.
I. FACTUAL AND PROCEDURAL BACKGROUND

A. Facts

Mount Airy Baptist Church (Mt. Airy or church) is a nonprofit religious corporation

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Vicky Ravijojla Powell v. Laura H. Tanner; Harcourt Brace & Co.; and The Hertz Corp.

These consolidated petitions for review arise out of an automobile accident which occurred when Laura H. Tanner changed lanes and her automobile collided with Vicky Ravijojla Powell's automobile. Tanner was driving a Hertz rental car and was working for Harcourt Brace & Co. at the time of the accident. The trial court granted summary judgment dismissing Powell's vicarious liability claims agai

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Alfred Castellano v. Chris Fragozo, Etc. et al.

This legal saga began eighteen years ago. The central issues in this suit for malicious prosecution under 42 U.S.C. § 1983 are: (1) whether the jury instructions constituted reversible error, (2) whether there was sufficient evidence to support the jury's verdict in favor of the plaintiff, and (3) whether there was sufficient evidence to support the award of both economic and compensatory damag

More...   $3500000 (11-21-2002 - TX)

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