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Aug 3, 2012

Tort/Negligence – Interference with Contract – Defamation – Satellite TV Marketer

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 contro[...]

Jul 12, 2012

Corporate – Sister Subsidiaries – Agency – Tort/Negligence – Defamation — Civil Practice — Personal Jurisdiction

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.

Jun 27, 2012

Tort/Negligence – Defamation – Libel – No Malice — Newspaper Series – Investigation of African American Police Officers – Journalist’s Privilege

James v. Bledsoe All of the reporter’s statements about which plaintiffs complain were backed up by the reporter’s sources; therefore, plaintiffs failed to show that the statements were made with actual malice.

May 1, 2012

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

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[...]

Apr 27, 2012

Tort/Negligence – Breach of Fiduciary Duty – Minority Shareholders – Defamation – Dissolution

Yates v. Brown Both plaintiff Yates and defendant Brown are minority shareholders of Renewable Fibers, LLC; consequently, their status as shareholders did not impose a fiduciary duty on defendant Brown with respect to plaintiff Yates.

Mar 28, 2012

Civil Practice – Personal Jurisdiction – Indian TV Network – General Jurisdiction – Insufficient Contacts – Tort/Negligence – Defamation

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.

Mar 14, 2012

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

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[...]

Mar 14, 2012

Contract – Government Project – Consulting Subcontractor – Tort/Negligence – Defamation

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 rewar[...]

Feb 24, 2012

Tort/Negligence – Labor & Employment – REDA – Wrongful Discharge Claim – Defamation – Libel

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,[...]

Feb 24, 2012

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

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.

Jan 24, 2012

Tort/Negligence – Defamation – Libel – Newspaper Editorial – Actual Malice Standard

Matthews v. Community Newspapers, Inc. Even though the defendant-newspaper’s editor could have done more fact-checking before he incorporated a letter to the editor into an opinion column, the editor did talk to the letter’s author, and the column describing the letter was clearly an opinion piece. No reasonable jury could find that the editor acted with actual malice towards the sher[...]

Dec 22, 2011

Tort/Negligence – Defamation – Libel – Sovereign Immunity – Individual Capacity – Administrative Remedies – Intra-office Communication

White v. Trew Where the complaint only seeks damages from the defendant himself, defendant is being sued in his individual capacity; therefore, he is not entitled to sovereign immunity. We affirm the trial court’s denial of defendant’s motion to dismiss.

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