News & Analysis as of

Defamation Tortious Interference

Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement... more +
Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement was communicated or published to a third party 3) the defendant caused the statement to be communicated or published, either intentionally or at least negligently 4) some harm was suffered as a result. less -
Holland & Knight LLP

District Court Ruling Offers Insight into Computer Fraud and Abuse Act Civil Jury Cases

Holland & Knight LLP on

Ryanair accused Booking.com of several CFAA violations based upon Booking.com, through a third-party partner, accessing the password-protected "myRyanair" portion of the Ryanair website. Ryanair alleged, and the jury found,...more

Kohrman Jackson & Krantz LLP

Are We Dating the Same Guy? The Legal Implications of Posting your Dates on Facebook

“Are we Dating the Same Guy” groups on Facebook are everywhere. If you’re single and dating in 2024, chances are, you or someone you know is a group member. The groups, which started in New York City in 2022, serve as a...more

McCarter & English, LLP

Delaware Court of Chancery Denies Indemnification for Former CEO and Provides Color on Entitlement to Proportional Indemnification

In Evans v. Avande, Inc., C.A. No. 2018-0454-LWW (Del. Ch. June 9, 2022), the Delaware Court of Chancery found that a health care services company did not have to pay legal expenses for its former CEO, who had ultimately been...more

Venable LLP

Personal Jurisdiction and the Calder Effects Test: Ninth Circuit Sides with Florida Plaintiff in Defamation Suit Against Bishops

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On June 3, 2022, the Ninth Circuit Court of Appeals held that an Arizona district court erred in dismissing a defamation suit for lack of personal jurisdiction. The suit was brought by an attorney against three Catholic...more

Foster Garvey PC

Online Travel Update: Booking.com Adds Loyalty Program Benefits; Yelp Makes News on Two Fronts; and Major OTAs Spend More Billions...

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After a few quiet weeks, last week produced a number of stories that caught our attention and made it into our weekly Update, including two interesting stories on customer reviews. Enjoy....more

Morrison & Foerster LLP - Social Media

S.D.N.Y. Dismisses Defamation Case Arising Out Of “Battle By Tweet”

In Ganske v. Mensch, a defamation suit stemming from a “battle by Tweet,” a federal district court in New York held that the allegedly defamatory statements in the defendant’s Tweet were nonactionable statements of opinion...more

Polsinelli

Med-Staff Newsletter - January 2020 | VOL 4

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With the New Year comes new medical staff leaders and a new set of growing pains. Contrary to what many of us believe, some simple steps can lessen the pain. ...more

Farrell Fritz, P.C.

Allegedly “(Leon) Black”-listed Former Apollo Employee Fails to State A Business Tort Claim

Farrell Fritz, P.C. on

The line between aggressive business competition and unlawful conduct can sometimes be difficult to determine. Many different theories of tort liability have developed over the years to address the variations of unlawful...more

Proskauer - Whistleblower Defense

First Cir. Sets Pleading Standard For FCA Whistleblower Retaliation Claims

On January 15, 2019, the First Circuit ruled that a plaintiff adequately alleges protected activity under the FCA whistleblower protection provision where he asserts that he reported concerns about his employer’s conduct that...more

Ballard Spahr LLP

W. Virginia Court Rejects Claim Opioid Reports Defamed Pharmacist

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A West Virginia federal court has rejected defamation claims arising from two Peabody Award-winning CBS Evening News reports about the opioid epidemic....more

Verrill

Take That Down: Recent Lawsuit on Negative Reviews

Verrill on

“Beer: The cause and solution to all of life’s problems.” Mr. Homer J. Simpson would love the recent case of a Massachusetts craft beer company that has been trying in federal court to get the employment website Glassdoor...more

Pillsbury - Gravel2Gavel Construction & Real...

Certificate Of Merit Not Required In Litigation Seeking Damages Where No Licensed Or Registered Professionals Identified

In the case of CH2M Hill Engineers, Inc. v. Springer, et al., the Court of Appeals of Texas, Ninth District, sitting in Beaumont, decided an interlocutory appeals brought by the Appellant CH2M Hill Engineers, Inc. The Court...more

Bass, Berry & Sims PLC

Chris Lazarini Discusses Whether Defamatory Statements Constitute Libel Per Se

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Bass, Berry & Sims attorney Chris Lazarini discussed a case where defendant carried out a personal vendetta against the plaintiff following plaintiff's report against defendant for violations of securities laws. Following...more

Butler Snow LLP

Turning the table on Whistleblowers: Alabama state court allows employer lawsuit to proceed against whistleblower

Butler Snow LLP on

With whistleblower lawsuits on the rise, what options do companies have when faced with a whistleblower of their own. Can a company turn the table on a whistleblower who wrongfully accuses the company of bad acts? ...more

FordHarrison

Taylor Swift’s in legal trouble, trouble, trouble when accusation leads to DJ’s firing

FordHarrison on

Taylor Swift’s complaint that a DJ grabbed her derriere while a photograph was being taken before a concert has led to a federal lawsuit. The DJ claims he got a bum wrap (pun intended) and that it was actually someone else at...more

Gray Reed

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 5 (the conclusion)

Gray Reed on

To conclude the series, we look at one more opinion — Serafine v. Blunt, No. 03-12-00726-CV, 2015 WL 2061922 (Tex. App.—Austin May 1, 2015). This case dealt with a property dispute, but the real interest comes from the...more

Gray Reed

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 2

Gray Reed on

It is easy to see how this applies to your straightforward defamation case assuming the defendant engaged in the “exercise of the right of free speech” which means “a communication made in connection with a matter of public...more

Sands Anderson PC

Virginia Supreme Court Opinions Affecting Local Government Law: June 4, 2015

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The Virginia Supreme Court issued opinions on June 4, 2015 during its June term. This term resulted in two opinions affecting Virginia local government law. These opinions addressed defamation alleged from statements by a...more

Nossaman LLP

Can Comments By a Federal Employee Result in a Taking Requiring Compensation Under the Fifth Amendment?

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It depends. A recent decision out of the Federal Circuit tackled this very issue, and the court’s decision strongly suggests that a taking could arise under the right circumstances. (Filler v. U.S. (Fed. Cir. Mar. 10, 2015)...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

- SC18927 - State v. Gonzalez - AC35406 - Rodriguez v. State - AC35570 - Tremper v. State - AC35972 - Bouchard v. Deep River [Dumpster diving can be hazardous to your health. As a devotee of the...more

Proskauer - Law and the Workplace

FCRA Preempts Tortious Interference Claim, Says NJ Court

The Fair Credit Reporting Act (FCRA)—a federal law that regulates the collection and use of “consumer information”—covers employers who solicit third-party vendors known as consumer reporting agencies (CRAs) to run background...more

Tucker Arensberg, P.C.

You Still Have To Follow The Rules If You Want An Advanced Degree!

Tucker Arensberg, P.C. on

A former Ph.D. student sued the University of Michigan and several faculty members after the university removed him from the Ph.D. program. Joseph Dean Vigil failed to complete his dissertation and Ph.D. requirements within...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Law on the Horizon for Illinois Employers Settling Tort Claims

On January 1, 2014, a new section of the Civil Practice Law, “Settlement of claims; payment” (735 ILCS § 5/2-2301), will take effect. The Illinois legislature passed the law in an effort to expedite the payment process in...more

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