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Tag Archives: defamation

Tort/Negligence – Defamation – Libel – Newspaper Editorial – Actual Malice Standard (access required)

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 sheriff’s sergeant who was the subject of the letter to the editor.

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

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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Gas-card creator wins $4 million from bank for defamation (access required)

Whatever happened to MyGallons? It’s the company that launched a pre-paid gas program in 2008 which allowed consumers to lock in gas prices at a going rate. It sounded like a great idea, but never really got off the ground. Company founder Steven Verona launched Philadelphia-based MyGallons in June 2008 to much fanfare, but then just as quickly had to pull back. A day after the launch, its payment processing network, U.S. Bank Voyager Fleet Systems Inc., disavowed any relationship with MyGallons, prompting the Better Business Bureau to give the company an “F” rating right off the bat. That news went viral, with internet, television and print reports questioning the merits of the MyGallons program and depicting Verona as a likely shyster.

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Civil Practice – Personal Jurisdiction – Indian TV Station – Dish Network Distribution – Tort/Negligence – Defamation — Default (access required)

Danius v. Sun TV Network Ltd. Where the defendant, a television network based in India, sells its programming to Dish Network for distribution, and where defendant has no control over who subscribes to Dish Network, defendant is not subject to the jurisdiction of this court. The court grants defendant’s motion to set aside entry of default. The court also grants defendant’s motion to dismiss for lack of personal jurisdiction.

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Tort/Negligence – Defamation – Civil Practice – Appeals – Law of the Case – Political Ad (access required)

Boyce & Isley, PLLC v. Cooper Plaintiffs forecast evidence that defendants knew that neither plaintiff Dan Boyce nor his law firm was involved in a 1995 case in which counsel asked for high fees. Even though defendants forecast evidence to the contrary, defendants were not entitled to summary judgment on plaintiffs' defamation claim...

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Civil Practice – Appeals – Interlocutory – Discovery – Tort/Negligence – Defamation (access required)

Ward v. Buckeye Homeowner’s Association. (Lawyers Weekly No. 10-16-0640, 4 pp.) (Sanford L. Steelman Jr., J.) Appealed from Forsyth County Superior Court. (Richard W. Stone, J.) N.C. App. Unpub. Holding: Defendant’s failure to make an admission will not prevent plaintiff ...

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Tort/Negligence – Defamation – Civil Practice – Appeals – Interlocutory – Constitutional – First Amendment – Private Person & Matter (access required)

Mathis v. Daly. (Lawyers Weekly No. 10-07-0606, 13 pp.) (Ann Marie Calabria, J.) (James A. Wynn Jr., J., concurring in the result) Appealed from Haywood County Superior Court. (Nathaniel J. Poovey, J.) N.C. App. Holding: Plaintiff accuses defendant of making ...

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Tort/Negligence – Defamation – Slander – Domestic Relations – Adoption – Plaintiff’s Intentions – Intentional Infliction of Emotional Distress (access required)

Ayerza v. Cabarrus County Department of Social Services. (Lawyers Weekly No. 10-16-0578, 14 pp.) (Barbara Jackson, J.) Appealed from Cabarrus County Superior Court. (W. David Lee, J.) N.C. App. Unpub. Holding: Even though plaintiff alleged that false testimony by defendant’s ...

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