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Tag Archives: defamation

Tort/Negligence – Interference with Contract – Defamation – Satellite TV Marketer (access required)

Exclaim Marketing, LLC v. DIRECTV, Inc. Where plaintiff’s marketing efforts sent potential customers to defendant’s dealers, defendant was a non-outsider to plaintiff’s contracts with the dealers. The complaint itself reveals that defendant’s interference in plaintiff’s contracts with its dealers was justified by defendant’s legitimate business interests: an interest in controlling how and by whom its products and services are marketed, protection of its trademarks, and its competition with Dish Network.

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Corporate – Sister Subsidiaries – Agency – Tort/Negligence – Defamation — Civil Practice — Personal Jurisdiction (access required)

Lianyungang FirstDart Tackle Co. v. DSM Dyneema B.V. Although plaintiff alleges that a Dutch corporation and its sister N.C. limited liability company operate a “single, unified website” and hold themselves out to the public as a single entity, the N.C. LLC is not liable for the alleged defamatory statement in a press release issued by the Dutch corporation.

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Tort/Negligence – Defamation — Libel Per Se – Judicial Code of Conduct – Campaigning for Other Candidates – Malice (access required)

Lewis v. Rapp A blog entry accusing a sitting judge of violating the Judicial Code of Conduct by openly supporting a state Senate candidate is not libel when the blogger does not know that the judge is running for reelection. However, when that blogger is alerted to the judge’s campaign, indicates he has read the entire code – including the section on judicial candidates’ freedom to support other candidates --and yet reasserts the accusation, libel has occurred.

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Civil Practice – Personal Jurisdiction – Indian TV Network – General Jurisdiction – Insufficient Contacts – Tort/Negligence – Defamation (access required)

Danius v. Sun TV Network Ltd. The court does not have general jurisdiction over an Indian television network that contracts with a satellite subscription service and an internet-based IPTV network, which in turn provide subscription services in the U.S.

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Labor & Employment – Civil Rights – Title VII — Sex Discrimination – Sexual Harassment – Stalking & Threats — Defamation (access required)

Dulaney v. Packaging Corp. of America A female production worker at a Roanoke packaging plant who alleges the male employee who supervised her shift sexually harassed her by stalking her, threatening her with disciplinary action if she did not have sex with him and told other employees she was a “whore” and had a sexually transmitted disease, can pursue her Title VII claim, as the 4th Circuit vacates summary judgment for the employer.

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Contract – Government Project – Consulting Subcontractor – Tort/Negligence – Defamation (access required)

Shirvinski v. U.S. Coast Guard Plaintiff sub-subcontractor on defendant Coast Guard’s Deepwater Acquisition Project cannot sue the Coast Guard for defamation and related tort claims for alleged injuries from termination of its at-will consulting agreement and removal of its name from a list of government contractors; the 4th Circuit says permitting these claims to go forward would reward artful pleading and impermissibly constitutionalize state tort law, and it affirms summary judgment for defendants.

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Tort/Negligence – Labor & Employment – REDA – Wrongful Discharge Claim – Defamation – Libel (access required)

Pierce v. Atlantic Group, Inc. Plaintiff claims he was fired for complaining to his superiors about their failure to implement his plan to get defendants’ crane operators certified as required by new regulations. However, plaintiff’s complaints to his superiors did not constitute filing a claim or complaint, initiating an inquiry, investigation, inspection, proceeding or other action, or testifying or providing information within the meaning of the Retaliatory Employment Discrimination Act.

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Tort/Negligence – Defamation – Performer’s DVD – Edited Arrest Recording – Appropriation – Unfair Trade Practices – Civil Practice – Discovery – Admissions – Damages (access required)

Nguyen v. Taylor By failing to respond to plaintiffs’ request for admissions, defendant Taylor admitted (1) that he defamed plaintiffs by placing on a DVD a doctored recording that made it appear - falsely - that Taylor was wrongfully arrested and (2) he made more than $10 million from sales of the DVD.

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