Time, Inc. v. Hill
Brief

View this case and other resources at: Citation. 385 U.S. 374, 87 S. Ct. 534, 17 L. Ed. 2d 456, 1967 U.S. Brief Fact Summary. Defendants published an article and reenacted a play about Plaintiff and his family being held hostage. The article and play were false, but were portrayed by Defendant to be the truth. Plaintiff sued Defendant for false light. Synopsis of Rule of Law. Defendants published an article and reenacted a play about Plaintiff and his family being held hostage. The article and play were false, but were portrayed by Defendant to be the truth. Plaintiff sued D ...

Sidis v. F-R Publishing Corp
Brief

View this case and other resources at: Citation. 311 U.S. 711 61 S. Ct. 393 85 L. Ed. 462 1940 U.S. Brief Fact Summary. The Defendant, F-R Publishing Corp. (Defendant), wrote an article about the Plaintiff, William James Sidis (Plaintiff) who was once a public figure. The article was of public interest, however, it intruded upon the Plaintiff's private life. The Plaintiff sued the Defendant for intrusion on his right to privacy. Synopsis of Rule of Law. Certain public figures must sacrifice their privacy and expose at least part of their lives to public scrutiny as the price ...

Cox Broadcasting Corp. v. Cohn
Brief

View this case and other resources at: Citation. 420 U.S. 469, 95 S. Ct. 1029, 43 L. Ed. 2d 328, 1975 U.S. Brief Fact Summary. Plaintiff sued Defendant for invasion of privacy for broadcasting the name of his deceased daughter, which was made available for inspection in the courtroom. Synopsis of Rule of Law. The prevailing law of invasion of privacy generally recognizes that the interests in privacy fade when the information involved already appears on the public record. ...

Nader v. General Motors Corp
Brief

View this case and other resources at: Citation. 25 N.Y.2d 560, 255 N.E.2d 765, 307 N.Y.S.2d 647, 1970 N.Y. Brief Fact Summary. The Plaintiff, Nader (Plaintiff), alleged that the Defendant, General Motors Corp. (Defendant), harassed and intimidated him to prevent the Plaintiff from releasing his book about the Defendant, "Unsafe at any Speed." At issue are the Plaintiff's claims for invasion of privacy and intentional infliction of emotional distress. Synopsis of Rule of Law. Privacy is invaded only if the information sought is of a confidential nature and defendant's conduc ...

Desnick v. American Broadcasting Co., Inc
Brief

View this case and other resources at: Citation. 44 F.3d 1345 (7th Cir. 1995). Brief Fact Summary. The Plaintiffs, "Desnick Eye Center," its owner Dr. Desnick and two ophthalmic surgeons employed by the clinic (Plaintiffs), sued the Defendants, ABC television network, a producer of the ABC program Prime Time Live named Entine and the program's star reporter, Donaldson (Defendants) for an undercover investigation of the Plaintiffs' cataract business that was aired on the Defendants' show, Prime Time Live. Synopsis of Rule of Law. It is not an invasion of privacy, trespass, an ...

Curtis Publishing Co. v. Butts
Brief

View this case and other resources at: Citation. 389 U.S. 889 88 S. Ct. 11 19 L. Ed. 2d 197 1967 U.S. Brief Fact Summary. The Plaintiffs, Butts and Walker (Plaintiffs), were public figures and not public officials. Both were awarded damages for defamation. The Defendant, Curtis Publishing Co. (Defendant), appealed to extend the constitutional safeguards outlined in New York Times to public figures. Synopsis of Rule of Law. A public figure has the same standard of proof for libel as a public official does under New York Times. ...

Kennedy v. Cannon
Brief

View this case and other resources at: Citation. ...

Brown & Williamson Tobacco Corp. v. Jacobson
Brief

View this case and other resources at: Citation. 713 F.2d 262 (7th Cir. 1983). Brief Fact Summary. The Plaintiff, Brown & Williamson Tobacco Corp. (Plaintiff), sued the Defendants, Walter Jacobson and CBS, Inc. (Defendants), for defamation for running a broadcast that accused the Plaintiff of attempting to market cigarettes to children. Synopsis of Rule of Law. There is a privilege for fair and accurate summaries of, or reports on, government proceedings and investigations. An unfair summary carries a "greater sting" than the government proceedings or investigations. ...

New York Times Co. v. Sullivan
Brief

View this case and other resources at: Citation. 376 U.S. 967 84 S. Ct. 1130 12 L. Ed. 2d 83 1964 U.S. Brief Fact Summary. The Plaintiff, Sullivan (Plaintiff) sued the Defendant, the New York Times Co. (Defendant), for printing an advertisement about the civil rights movement in the south that defamed the Plaintiff. Synopsis of Rule of Law. The constitutional guarantees require a federal rule that prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with actual malice - th ...

Auvil v. CBS 60 Minutes
Brief

View this case and other resources at: Citation. 517 U.S. 1167 116 S. Ct. 1567 134 L. Ed. 2d 666 1996 U.S. Brief Fact Summary. In a segment, CBS 60 Minutes (Defendant) told the public that a chemical sprayed on Plaintiff's apples was dangerous. Plaintiffs sued Defendant for product disparagement. Synopsis of Rule of Law. For a product disparagement claim to be actionable, Plaintiff must prove, inter alia, the falsity of the disparaging statements. ...

Watt v. Longsdon
Brief

View this case and other resources at: Citation. [1930] 1 K.B. 130. Brief Fact Summary. The Defendant showed a letter to the Plaintiff's wife that accused the Plaintiff of several unflattering things. The Plaintiff sued the Defendant for defamation. The Defendant claimed that he was under a duty to show the Plaintiff's wife the letter. Synopsis of Rule of Law. A speaker is privileged to make defamatory statements about another when the speaker had either a duty or an interest to publish the statements. The privilege may be lost if: (1) they go beyond the limits of the dut ...

Faulk v. Aware, Inc. (1962)
Brief

View this case and other resources at: Citation. 231 N.Y.S.2d 270 (App. Div. 1962). Brief Fact Summary. Defendants accused Faulk (Plaintiff) of having communist sympathies and affiliations. Plaintiff sued Defendants for libel. Synopsis of Rule of Law. A person wrongfully injured is entitled to recover for deprivation of future earning capacity, without limitation to his actual earnings preceding the injury. Opinion testimony of Plaintiff's potential earnings, by experts familiar with his capacities, is admissible. ...

Faulk v. Aware, Inc. (1963)
Brief

View this case and other resources at: Citation. 244 N.Y.S.2d 259 (App. Div. 1963). Brief Fact Summary. Defendants accused Faulk (Plaintiff) of having communist sympathies and affiliations. Plaintiff sued Defendants for libel. Synopsis of Rule of Law. The court will reduce an excessive compensatory damage award when there is hardly justification for it. ...

Ellsworth v. Martindale-Hubbell Law Directory, Inc
Brief

View this case and other resources at: Citation. 69 N.D. 610, 289 N.W. 101,1939 N.D. Brief Fact Summary. Ellsworth (Plaintiff) alleged that Martindale-Hubbell Law Directory, Inc. (Defendant) misstated Plaintiff's professional and financial rating in its directory. Plaintiff sued Defendant for libel. Synopsis of Rule of Law. In an action for defamation, Plaintiff may be able to prove special damages by prove of reduced business revenue. ...

E. Hulton & Co. v. Jones
Brief

View this case and other resources at: Citation. 220 F. Supp. 598, 1963 U.S. Dist. Brief Fact Summary. E. Hulton & Co. (Defendant) wrote defamatory language using Plaintiff's name. Defendant claimed it should not be held liable for libel because it used Defendant's name as a fictitious name and had never even heard of Plaintiff. Synopsis of Rule of Law. The fact that Defendant did not intend to defame Plaintiff is not a defense to the claim of libel. ...

Wilkow v. Forbes, Inc
Brief

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Firth v. State of New York
Brief

View this case and other resources at: Citation. 4 N.Y.3d 709 830 N.E.2d 1145 797 N.Y.S.2d 816 2005 N.Y. Brief Fact Summary. George Firth (Plaintiff) sued Defendant for defamation for material posted on an Internet site more than a year after it was posted. The lower court dismissed the suit on the ground that the claim was time-barred under the one-year statute of limitations for defamation. Synopsis of Rule of Law. The single publication rule is applicable to material posted on the Internet. ...

Doe v. Gonzaga University
Brief

View this case and other resources at: Citation. 536 U.S. 273, 122 S. Ct. 2268, 153 L. Ed. 2d 309 (2002) Brief Fact Summary. John Doe (Plaintiff) sued Gonzaga University (Defendant) for defamation. Defendant argued that there was no publication because the alleged defamatory language was sent between Defendant's agents. Synopsis of Rule of Law. There is a qualified privilege for communications made between co-employees, but that privilege may be lost if the employees are not acting in the ordinary course of their work. ...

Pinnick v. Cleary
Brief

View this case and other resources at: Citation. 360 Mass. 1, 271 N.E.2d 592, 1971 Mass. Brief Fact Summary. Pinnick (Plaintiff) claimed that a state no-fault statute unconstitutionally deprived his right to full recovery in tort. Synopsis of Rule of Law. A no-fault insurance statute that limits an award for pain and suffering is constitutional if it bears a rational relation to a legitimate legislative objective and provides a reasonable substitution for prior rights. ...

Colaio v. Feinberg
Brief

View this case and other resources at: Citation. 345 F.3d 135, 2003 U.S. App. Brief Fact Summary. After the tragedy of September 11, 2001, Congress and the President enacted the 9/11 Victim Compensation Fund (Fund) of 2001 to provide compensation to the bereaved. Plaintiffs brought suit claiming that the Fund unconstitutionally discriminates against them Synopsis of Rule of Law. The duty of a judge is to give deference to the Department of Justice's regulations and respect to the Special Master's policies to the extent that they are rooted in law. ...

Wilson v. Workers’ Compensation Appeals Board
Brief

View this case and other resources at: Citation. 522 U.S. 856 118 S. Ct. 152 139 L. Ed. 2d 98 1997 U.S. Brief Fact Summary. Wilson (Plaintiff) sustained injuries while driving to work. The Workers' Compensation Appeals Board (Defendant) denied her a worker's compensation award. Synopsis of Rule of Law. The "going and coming" rule provides that workers' compensation does not ordinarily compensate injuries sustained what the employee travels to or from work. ...

Beauchamp v. Dow Chemical Co
Brief

View this case and other resources at: Citation. 427 Mich. 1, 398 N.W.2d 882, 1986 Mich. Brief Fact Summary. Beauchamp (Plaintiff) applied for workers' compensation benefits, claiming that exposure to "agent orange" caused impairment of normal bodily functions. Plaintiff then filed a civil action against Defendant (Dow Chemical Co.). Synopsis of Rule of Law. The exclusivity provision of the worker's compensation act precludes a common-law civil action by an employee who alleges that his employer breached a contractual promise to provide safe working conditions. ...

Clodgo v. Industry Rentavision, Inc
Brief

View this case and other resources at: Citation. 166 Vt. 548, 701 A.2d 1044, 1997 Vt. Brief Fact Summary. Clodgo (Plaintiff) was hurt while involved in horseplay at work. Plaintiff sought an award of workers' compensation. Synopsis of Rule of Law. An accident occurs in the course of employment when it was within the period of time the employee was on duty at a place where the employee was reasonably expected to by while fulfilling the duties of the employment contract. ...

Dimmitt Chevrolet, Inc. v. Southeastern Fidelity Insurance Corp
Brief

View this case and other resources at: Citation. 636 So. 2d 700, 37 ERC 1006 (Fla. 1993) Brief Fact Summary. Dimmitt Chevrolet, Inc. (Plaintiff) was responsible for damages resulting from oil, which leaked out of unlined bins. Plaintiff had an insurance policy that covers damage if it is "sudden and accidental." Synopsis of Rule of Law. Dictionaries are helpful insofar as they set forth the ordinary, usual meaning of words. However, dictionaries are imperfect yardsticks of ambiguity. It is the court's duty to determine whether the word or phrase is ambiguous in the contex ...

Crisci v. Security Insurance Co
Brief

View this case and other resources at: Citation. 426 P.2d 173 (Cal. 1967). Brief Fact Summary. Mrs. Crisci's (Plaintiff's) sued her insurance company for failing to settle a case for the policy limit. Synopsis of Rule of Law. In determining whether an insurer has given consideration to the interests of the insured, the test is whether a prudent insurer without policy limits would have accepted the settlement offer. ...