Tuesday, May 22, 2012

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Company recruiting schools for Chinese students claims Christian school defamed it

August 2, 2011 by  
Filed under 1st Amendment News, News & Opinion

United Students Association that places Chinese students in private Christian school is suing a school in Oregon for abandoning its contract and libeling the recruiter, costing the Texas corporation in revenue and reputation. The complaint reads that the Salem Academy reneged on its contract to take 15 students then sent  ”a number of false and [...]

Barbara Walters sued for defamation

A Massachusetts woman, Nancy Shay, claims that Barbara Walters defamed her by lying about her relationship with Walters’ adopted daughter in 1983 in Walters’ recently published, Audition: A Memoir. Shay’s lawyer alleges in a  court memorandum, “Barbara Walters used her influence and power to have Plaintiff Nancy Shay expelled from the Wykeham Rise School, when [...]

Georgia appeals court clears Atlanta newspaper of libeling Richard Jewell in Olympics bombing coverage

The Georgia Court of Appeals ruled that The Atlanta Journal-Constitution did not libel Richard Jewell, the security guard, who notified authorities about an anonymous call warning of an impending bomb blast that killed two and injured 100 some people. Jewell’s prompt action resulted in an evacuation that saved lives. The newspaper reported that the FBI [...]

Federal court dismisses inmate’s defamation suit after television show casts him as gang member

A federal appeals court in Denver dismissed a defamation lawsuit against A&E Television Networks for referring to an inmate as a member of the Aryan Brotherhood gang when he had only helped the gang. He subsequently received death threats from other prison gangs. The court found the A&E program defamatory but substantially true so protected [...]

Art expert sues The New Yorker for defamation

An art authenticator is suing The New Yorker magazine for an investigative article that he claims defamed him. Peter Paul Biro said the article contained false statements and omitted important information showing the value of his methods of authenticating art works through fingerprints. The complaint read, “Through selective omission, innuendo and malicious sarcasm, the article [...]

Federal judge rules ‘Dirty’ website not libel for inflamatory comments

Even though the operator of the Dirty World website made derogatory comments about a woman, a federal judge in Arizona ruled that the site is not liable for invasion of privacy. The judge applied Missouri privacy law since the woman resided there reasoned that there was no valid claim for public disclosure of private facts [...]

California court rules talk show commentator shielded from libel under fair report privilege

A California court of appeals ruled that when a talk show commentator reported that a former high school principal used school resources to sell ads for a gay magazine, he was exempt from libel charges under a state laws that protects journalists reporting on government matters. The former principal had had earlier lost a ruling [...]

Federal judge finds First Amendment violation in search of home of blogger’s mother

A federal district judge ruled that a Colorado prosecutor could not order the police to search the home of the mother of a blogger who a professor said had libeled him in satirical online postings. The court noted that since the postings were satirical it was not reasonable that people would see them as truth [...]

Law firm sues Courtney Love for defamation

Celebrity Courtney Love asked the law firm Gordon & Holmes to help her recover money and property allegedly stolen from her late husband’s estate. The firm agreed to represent her conditional on her remaining sober during their client-attorney relationship. When the firm subsequently refused to represent her, they claim Love became angry and sent a [...]

Federal appeals court orders new trial in defamation suit over election fliers

A federal appeals court has ordered a new trial in a defamation suit voiding the $3.6 million award to a man who maintained that a sheriff libeled him and a friend in fliers before a run-off election in 2000. The fliers said the two friends were criminals. The criminal charge, later dropped, stemmed from an [...]

Woman sues after radio host posts her photo online falsely claiming she was pregnant with football player’s child

A newlywed whose husband is serving in Afghanistan is suing a radio host in federal court for posting a photo of her on the host’s station’s website saying that she is pregnant with football player Chad Ochocinco’s child. The woman said she does not know Ochocinco. The woman is suing for punitive damages for defamation, [...]

Federal appeals court reinstates defamation suit holding that broadcast omitted key details

A federal appeals court held that a West Virginia daycare owner could pursue a defamation suit against a television station for omitting the fact that alleged abuse was tied to a single incident of child-to-child contact. A trial court had found that for the station on the grounds that all statements in the broadcast were [...]

Company sues for libel after human rights activists claimed preserved corpses supplied to exhibit were executed Chinese prisoners

A federal district judge ruled that a company supplying human corpses to the “Bodies” exhibition can continue to press its defamation lawsuit against  a human rights group for saying the corpses were executed Chinese prisoners bought on the black market. The company said it obtained its bodies through legitimate sources, anonymous remains donated to medical [...]

Principal censors student journalist stories on arrest of teacher found in car with teen-ager

A Kentucky high school principal has blocked publication of two stories for the school’s online publication on the arrest of a teacher caught half dressed in a car with a teen-ager. Although the district’s code of conduct and student bill of rights says school publications are free from censorship and prior restraint, the school district [...]

Actress Katie Holmes wins settlement in defamation suit

Star magazine is publishing an apology in its current issue for suggesting that actress Katie Holmes was a drug addict. It also said it made a substantial donation to a nonprofit dance foundation, one of  the actress’ favorite charities. Holmes was suing for $50 million in damages but the financial terms of the settlement were [...]

Federal appeals court rules article on Ohio mayor not libelous

The 6th circuit U.S. Court of Appeals ruled against a mayor who sued for libel after a magazine published an article entitled “The Bizarre Boy Mayor” in which the writer said the mayor “pulled off stunts” such as limiting residents’ participation in meetings and seeking personal information about constituents including young women. The appeals court [...]

California court orders retraction of libelous statement

A Pasadena man who had made defamatory statements about the architectural firm hired to work on the renovation of his historic home was entitled to his opinions about the firm but had to correct false factual statements made to a historic restoration group and others. Writing for the court, Justice Steven  C. Suzukawa said the [...]

Acclaimed author Greg Mortenson may face defamation lawsuit

When renowned international philanthrophist and author Greg Mortenson said in one of his best-selling books that he was captured by the Taliban on one of his trips to Pakistan, he was actually under the protection of a friend, Mansur Khan Mahsud, and his relatives, claims Mahsud who is now threatening to sue Mortenson for defamation. [...]

Federal district court rejects libel suit against ’60 Minutes’

A federal judge in Washington, D.C. dismissed a lawsuit claiming libel of a chicken processing company on CBS “60 Minutes”. Mar-Jac Poultry Inc. claimed that CBS had implied that it conducted money laundering to support terrorists. The court wrote, “Looking at the Broadcast as a whole, any defamatory implication that money flowed through Mar-Jac to [...]

Federal court rules for blogger in anti-SLAPP case

A bogger complaining about the Sedgwick Claims Management Services won a ruling in federal court upholding his free speech rights. Writing about the case in his law blog, Eric Goldman says, “The district court properly dismissed Sedgwick’s defamation and trade libel claims under California’s anti-SLAPP statute because defendant Delsman’s conduct was in furtherance of his [...]

Publisher seeks reversal of $5 million defamation award

March 17, 2011 by  
Filed under 1st Amendment News, News & Opinion

Publisher Thomson West has appealed a jury verdict awarding $5 million to two law professors after the company published a legal supplement under their names that the professors said was “a total ripoff.” The West attorneys admitted that they gave the supplement to an inexperienced editor who made errors, but that not meeting professional standards [...]

Libel rules with impunity on social network

The younger generation is filing few libel suits for such as lies and character assassination, fueling speculation that they have greater tolerance of “hurly, burly Internet conversation.” Or is it just that young people realize that bloggers have limited resources, decimating the chances of obtaining damages? -db From the Minneapolis-St. Paul Star Tribune, March 14, [...]

Federal judge dismisses Beckham libel suit over article alleging he paid for sex

A federal judge in Los Angeles ruled that  Touch magazine had not committed libel in an article alleging that soccer star David Beckham paid $10,000 for sex. The judge said in a one-page order that did not have a written opinion that the soccer player could not prove malicious intent. -db From the Courthouse News [...]

California appellate court allows bank manager’s libel suit to continue

A California appellate court agreed with a local court that a Santa Monica bank manager could pursue his libel suit against Business Week, rejecting an anti-SLAPP argument. The manager contends that a 2008 Business Week article alleged that the bank knowingly pushed through bad loans, in the process shredding tax documents to destroy proof that [...]

Parody not funny to conglomerate Koch Industries

The conglomerate Koch Industries is suing Youth for Climate Truth for publishing a fake press release in their name which stated that the company was supporting climate change advocacy. Koch enterprises are minerals, oil and fertilizers. Koch is seeking damages including the cost of correcting the record created by the fake release. Public Citizen, which [...]

Washington Redskins owner sues Washington, D.C. weekly for defamation

After criticism in a November article in the Washington City Paper, a weekly newspaper, Washington Redskins owner Daniel M. Snyder choose to threaten litigation rather than ask for equal time or corrections and ultimately  filed a defamation suit against the newspaper. In a commentary in The New York Times, February 6, David Carr wrote, “Neither [...]

Company accused of defamation in bad check app

Courthouse News Service January 28, 2011 By Chie Akiba A class action suit is pending that accuses Intelius of publishing false criminal records through its Date Check app. -db

Author wins defamation suit brought by woman convicted of manslaughter for shooting husband

Courthouse News Service January 18, 2011 By  Tim Hull The federal appeals court in Portland, Oregon ruled that a woman convicted of manslaughter in killing her husband cannot sue true-crime author Ann Rule for defamation. -db

Punjab Times fights libel over statement about terrorists

Courthouse News Service January 14, 2011 By Jeff D. Gorman A Californai appeals court ruled that a member of a Bay Area Sikh temple can sue the Punjab Times for defamation after the newspaper quoted the man saying the temple was training terrorists. -db

Courtney Love defamation trial looms

Courthousehouse News Service January 12, 2011 By Chie Akiba A California court will hear some spirited argument in the upcoming defamation trial of Courtney Love for an online message calling a fashion designer an “asswipe nasty lying hosebag thief.” Love’s attorneys will argue that the message was protected opinion and also true in its essence [...]

Suit filed for alleged online defamation of 13-year-old

Courthouse News Service January 11, 2011 By Bridget Freeland The parents of a seventh grader sued two of their daughter’s classmates and their parents for defamation alleging that the parents allowed their children to hack into the girl’s Gmail, pose as the girl and post “vile, sexual and violent” comments including that the girl was [...]

Libel: Publisher of memoir by New Jersey ‘real housewife’ sued by ex-husband

The ex-husband of ‘Real Housewives of New Jersey’ star Danielle Staub has sued Simon & Schuster for publishing in Staub’s memoir what he says are untrue details of his alleged beatings of his ex-wife. -db The Star-Ledger December 6, 2010 By Vicki Hyman “Real Housewives of New Jersey” star Danielle Staub (or shall we say [...]

Britney Spears said to plan defamation suit against Star magazine

Lawyers for Britney Spears are preparing a defamation suit against editors at Star magazine after the magazine published allegations that her agent boyfriend has struck the pop music superstar. -db Yahoo! News December 2, 2010 The Toxic superstar’s relationship hit the headlines on Wednesday when America’s Star magazine ran an article featuring quotes attributed to [...]

Arizona: Two retired judges sue ‘America’s Toughest Sheriff’ for defamation

Two retired Arizona judges are suing Sheriff Joe Arpaio and others for filing a racketeering lawsuit against them, later withdrawn, claiming the lawsuit defamed them. -db Courthouse News Service November 30, 2010 By Jamie Ross PHOENIX (CN) – Two retired judges have sued Sheriff Joe Arpaio, claiming “America’s Toughest Sheriff” filed a baseless racketeering lawsuit [...]

Fired Compton City lawyer loses libel suit against ex-supervisor

A California appeals court ruled that a libel suit brought by a lawyer fired by the City of Compton was properly dismissed on technical grounds since the lawyer failed to amend his complaint as directed by the trial court. -db Metropolitan News-Enterprise November 15, 2010 By Kenneth Ofgang A suit by a lawyer who claims he [...]

California appeals court allows libel claim on Yelp posting

A California appeals court upheld the dismissal of  an anti-SLAPP motion against a dentist  who sued a man he claims libeled her in a Yelp review. The court dismissed the motion on the grounds that the dentist has a clear chance to prove libel. -db Metropolitan News-Enterprise November 10, 2010 By Kenneth Ofgang A dentist’s [...]

Federal jury slaps Yonkers mayor with $8 million judgment for seizing newspapers

A newspaper owner received $8 million in a verdict  against a Yonkers mayor who objected to articles alleging he hung out in strip joints and got a lap dance from “Sassy.” The mayor raided the news stacks to prevent the newspaper’s distribution. -db The Journal News October 14, 2010 By Timothy O’Connor A federal jury Wednesday [...]

Arizona: Questions arise over city liability for employees’ online posts

October 14, 2010 by  
Filed under 1st Amendment News, News & Opinion

Police employees in Surprise, Arizona are asking the city to stop other police officers from posting anonymous comments on private websites that they say are potentially defamatory. -db The Arizona Republic October 9, 2010 By D.S. Woodfill and Lisa Halverstadt A controversy brewing in Surprise is raising questions about a city’s liability when its employees [...]

Libel suits against New York Times dwindle to zero

Up against Times v. Sullivan and the cost of a lawsuit of some duration, lawyers are reluctant to take up libel suits against national publications. -db ABA Journal October 1, 2010 By Ed Finkel During his 30 years as a lawyer for the New York Times Co., George Freeman says, the “Gray Lady” faced four [...]

New York: Yonkers mayor sues for defamation over alleged visit to strip club

The Yonkers mayor claims he never visited a strip club or received a lap dance from “Sassy.” He is suing the strip-club owner, also the publisher of the Westchester Guardian, a weekly newspaper that printed the allegations. -db The Journal News October 8, 2010 By Timothy O-Connor A stripper named Sassy sits at the center [...]

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