CitationFriedman v. Dozorc, 412 Mich. 1, 312 N.W.2d 585, 1981 Mich. LEXIS 302 (Mich. Nov. 23, 1981) Brief Fact Summary. After Dozorc (Defendant) sued Dr. Friedman (Plaintiff) for medical malpractice and lost, Plaintiff counter-sued for misuse of legal process. Synopsis of Rule of Law. Just because a defendant prevails in a personal injury action, it does not necessarily lend to a claim against plaintiff’s council for misuse of process. ...
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Memphis Community School Dist. v. Stachura
CitationMemphis Cmty. Sch. Dist. v. Stachura, 477 U.S. 299, 106 S. Ct. 2537, 91 L. Ed. 2d 249, 1986 U.S. LEXIS 117, 54 U.S.L.W. 4771 (U.S. June 25, 1986) Brief Fact Summary. After a seventh grade teacher (Respondent) was suspended for showing sexually explicit materials in his life-science course, he brought suit alleging he was deprived of liberty and property without due process. Synopsis of Rule of Law. When dealing with the violation of constitutional rights, compensatory damages are available for measurable harms suffered. ...
Texas Skaggs, Inc. v. Graves
CitationTexas Skaggs, Inc. v. Graves, 582 S.W.2d 863, 1979 Tex. App. LEXIS 3506 (Tex. Civ. App. Texarkana Apr. 17, 1979) Brief Fact Summary. Sharon Graves (Plaintiff) brought suit against Texas Skaggs, Inc. (Defendant), her former employer, after they prosecuted her on two checks she had already paid. Synopsis of Rule of Law. When a defendant determines to prosecute another individual, without probable cause, and that person can prove malice, an action for malicious prosecution may be upheld. ...
Camp v. Gregory
Citation1517 U.S. 1244, 116 S. Ct. 2498, 135 L. Ed. 2d 190 (1996) Brief Fact Summary. After a child, Anthony Young (Young), had been placed under the guardianship of the Department of Children and Family Services (DCFS), was killed, his aunt, Elnora Camp, (Plaintiff) brought suit, contending the child was denied substantive due process, when the DCFS failed to place him in a safe environment. Synopsis of Rule of Law. A state may be held liable for the deprivation of a child’s rights, but state officials may not be held liable when they are acting in their capacity. ...
Ashby v. White
Citation92 ER 126, Volume 92 Brief Fact Summary. After a free burgess of a corporation was precluded from voting, he brought suit to recover as to the injuries he suffered. Synopsis of Rule of Law. When the actions of one party hinder the rights of another, that party may be found liable. ...
Cantrell v. Forest City Publishing Co
CitationCantrell v. Forest City Pub. Co., 419 U.S. 245, 95 S. Ct. 465, 42 L. Ed. 2d 419, 1974 U.S. LEXIS 158, 1 Media L. Rep. 1815 (U.S. Dec. 18, 1974) Brief Fact Summary. Mrs. Cantrell and her children (Plaintiffs) brought suit against Forest City Publishing Co. (Defendant), when its publication, The Plain Dealer, published a feature story stressing Plaintiffs’ poverty. Synopsis of Rule of Law. The First Amendment does not preclude a plaintiff from recovering against a media defendant who uses falsehoods in reporting on a matter of public concern. ...
Cox Broadcasting Corp. v. Cohn
CitationCox Broadcasting Corp. v. Cohn, 420 U.S. 469, 95 S. Ct. 1029, 43 L. Ed. 2d 328, 1975 U.S. LEXIS 139, 32 Rad. Reg. 2d (P & F) 1511, 1 Media L. Rep. 1819 (U.S. Mar. 3, 1975) Brief Fact Summary. Cohn (Plaintiff) brought suit based on invasion of privacy against Cox Broadcasting Corp. (Defendant), when the name of his 17-year-old daughter, a rape victim who did not survive the attack, was published by one of its reporters. Synopsis of Rule of Law. The First Amendment protects a media defendant from attacks grounded in invasion of privacy, when their reporting is on an issue of publ ...
Flake v. Greensboro News Co
CitationFlake v. Greensboro News Co., 195 S.E. 55, 212 N.C. 780, 1938 N.C. LEXIS 232 (N.C. 1937) Brief Fact Summary. After Plaintiff’s picture appeared in an advertisement, in the Greensboro Daily News (Defendant), she brought suit for libel and unauthorized use of her image against the news company. Synopsis of Rule of Law. The right of privacy gives rise to a cause of action for unauthorized use of an individual’s image. ...
Pearson v. Dodd
CitationPearson v. Dodd, 429 U.S. 396, 97 S. Ct. 581, 50 L. Ed. 2d 574, 1977 U.S. LEXIS 34, 56 Oil & Gas Rep. 321 (U.S. Jan. 12, 1977) Brief Fact Summary. Staffers of Plaintiff, a United States Senator, repeatedly entered his office and removed various documents. They made copies of the documents and distributed the copies to Defendants, who published their contents. The originals were returned to Plaintiff’s office. Synopsis of Rule of Law. Conversion is the intentional exercise of control or dominion over a chattel that interferes with another’s rights to control it with ...
Milkovich v. Lorain Journal Co.
Citation497 U.S. 1, 110 S. Ct. 2695, 111 L. Ed. 2d 1, 1990 U.S. Brief Fact Summary. Milkovich (Petitioner) brought suit against Lorain Journal Co. (Respondent), when it published an article, which implied Petitioner had lied under oath in a judicial proceeding. Synopsis of Rule of Law. The First Amendment does not preclude a newspaper from being sued for libel, when a plaintiff can show that statements published were an attack on reputation. ...
Sindorf v. Jacron Sales Co., Inc
Citation276 Md. 580, 350 A.2d 688, 1976 Md. Brief Fact Summary. Sindorf (Plaintiff) brought suit against his former employer, Defendant, for defamation, after he learned that Defendant had made derogatory remarks about him to his new employer. Synopsis of Rule of Law. While a conditional privilege may exist, when two parties are discussing another party they have in common, and there is truth to the discussion, the question of whether the communication was made out of malice is still a proper question for a jury. ...
Philadelphia Newspapers, Inc. v. Hepps
Citation475 U.S. 1134 106 S. Ct. 1784 90 L. Ed. 2d 330 1986 U.S. Brief Fact Summary. Hepps (Plaintiff) brought suit against Philadelphia Newspapers, Inc. (Defendant), after it published a series of articles alleging that Plaintiff had links to organized crime, and had used their position to exercise influence over the government. Synopsis of Rule of Law. A private party cannot bring suit against a newspaper for slander or libel, without bearing the burden of showing falsity and fault, before recovering damages. ...
Gertz v. Robert Welsh, Inc.
Citation418 U.S. 323 (1974). Brief Fact Summary. The Defendant, Robert Welsh, Inc. (Defendant), published an article that charged that the Plaintiff, Gertz (Plaintiff), an attorney, framed a police officer and was a communist. The Defendant sued the Plaintiff for libel. Synopsis of Rule of Law. The New York Times rationale does not extend to private individuals. ...
Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc
View this case and other resources at: Citation. 538 U.S. 1032 Brief Fact Summary. Dun & Bradstreet, Inc. (Petitioner) sent a report to five subscribers, regarding the credit rating of Greenmoss Builders, Inc. (Respondent). The report was proven false, and Defendant brought suit for libel, based on the harm it incurred as a result of the erroneous report. Synopsis of Rule of Law. The First Amendment does not protect the speech of a non-media party, when its actions create slander and/or libel against another private party. ...
St. Amant v. Thompson
Citation390 U.S. 727, 88 S. Ct. 1323,20 L. Ed. 2d 262, 1968 U.S. Brief Fact Summary. During a televised speech, the Defendant, St. Amant (Defendant), quoted material from a third person that falsely accused the Plaintiff, Thompson (Plaintiff), of criminal activities. The trial court found in favor of the Plaintiff. The appellate court reversed. The Louisiana Supreme Court affirmed the trial court’s decision. Synopsis of Rule of Law. In order to prove reckless disregard for the truth, there must be sufficient evidence to show that the defendant entertained serious doubts as to the trut ...
Masson v. New Yorker Magazine
Citation501 U.S. 496, 111 S. Ct. 2419, 115 L. Ed. 2d 447, 1991 U.S. Brief Fact Summary. The Respondent, New Yorker Magazine (Respondent), published an article that purported to quote the Petitioner, Jeffrey Mason (Petitioner). The evidence suggested that the purported quotes were in fact interpretive summaries of the Respondent’s and other subjects’ statements. The Respondent brought suit for defamation. Synopsis of Rule of Law. A deliberate alteration of words does not equate with knowledge of falsity, unless the alteration results in a material change in the meaning conveyed b ...
Ogden v. Association of the United States Army
CitationOgden v. Association of United States Army, 177 F. Supp. 498, 1959 U.S. Dist. LEXIS 2673 (D.D.C. Oct. 14, 1959) Brief Fact Summary. Plaintiff brought suit for an allegedly libelous book that was originally published at a time that would have caused the statute of limitation to have accrued, but more copies had been published since then. Synopsis of Rule of Law. Under the single publication rule, written material containing defamatory matter gives rise to only one cause of action for libel. This cause accrues at the time of the original publication, and the statute of limitation run ...
New York Times v. Sullivan
Citation376 U.S. 967 84 S. Ct. 1130 12 L. Ed. 2d 83 1964 U.S. Brief Fact Summary. The Petitioner, the New York Times (Petitioner), printed an advertisement that included false statements relating to the Respondent, L.B. Sullivan, an elected official’s (Respondent) conduct. The Respondent brought suit for defamation and the trial court found in his favor. Synopsis of Rule of Law. The First Amendment of the United States Constitution (Constitution) requires proof of actual malice for libel actions brought by public officials against critics of their official conduct. ...
Economopoulos v. A.G. Pollard Co
CitationEconomopoulos v. A. G. Pollard Co., 218 Mass. 294, 105 N.E. 896, 1914 Mass. LEXIS 1394 (Mass. 1914) Brief Fact Summary. The Plaintiff, Economopoulos (Plaintiff), sued the Defendant, A.G. Pollard Co. (Defendant) because its clerks falsely accused him of stealing. No one was present who spoke the language that the accusation took place in except for the Plaintiff and the clerk. Synopsis of Rule of Law. To maintain a defamation cause, publication of the defamatory statement must occur to some one other than the person defamed. ...
Shor v. Billingsley
CitationShor v. Billingsley, 1958 N.Y. App. Div. LEXIS 7145, 5 A.D.2d 768, 170 N.Y.S.2d 976 (N.Y. App. Div. 1st Dep’t Jan. 28, 1958) Brief Fact Summary. The Defendant, Billingsley (Defendant), ad-libbed a defamatory statement about the Plaintiff, Shor (Plaintiff) on a radio broadcast. Plaintiff brought a defamation suit. Synopsis of Rule of Law. Defamation broadcast on the radio is actionable as either libel or slander, regardless of whether it is read from a script or ad-libbed. ...
Terwilliger v. Wands
CitationTerwilliger v. Wands, 17 N.Y. 54, 1858 N.Y. LEXIS 33 (N.Y. 1858) Brief Fact Summary. The Plaintiff, Wands (Plaintiff), brought a slander action against the Defendant, Terwilliger (Defendant), claiming the Defendant made statements accusing the Plaintiff of having intercourse with a married woman and trying to keep this woman’s husband in jail. Synopsis of Rule of Law. Special damages must be claimed in a slander suit that is not slander per se. Only pecuniary injuries affecting one’s character will suffice. ...
Bindrim v. Mitchell
CitationMitchell v. Bindrim, 1979 U.S. LEXIS 4011, 444 U.S. 984, 100 S. Ct. 490, 62 L. Ed. 2d 412 (U.S. 1979) Brief Fact Summary. The Defendants were Gwen Mitchell (Ms. Mitchell) and Doubleday Publishing (Defendants). Ms. Mitchell wrote a novel allegedly based on the Plaintiff, Dr. Paul Bindrim’s (Plaintiff), psychological techniques, including a nude marathon. Plaintiff brought an action for libel. Defendants claimed the novel was a work of fiction and the character could not reasonably be identified as Plaintiff. Synopsis of Rule of Law. The issue of whether or not a character is a ...
Kilian v. Doubleday & Co., Inc
CitationKilian v. Doubleday & Co., 367 Pa. 117, 79 A.2d 657, 1951 Pa. LEXIS 355 (Pa. 1951) Brief Fact Summary. An article written in the first person described acts of cruelty committed by the Plaintiff, Killian (Plaintiff) an army Colonel. The events were actually witnessed by other individuals and relayed to the author. Plaintiff brought a libel action, and the Defendant, Doubleday & Co., Inc. (Defendant), answered claiming truth. Synopsis of Rule of Law. Specific charges cannot be defended through a claim of truth by a showing of Plaintiff’s general bad character. ...
Belli v. Orlando Daily Newspapers, Inc
CitationOrlando Daily Newspapers, Inc. v. Belli, 1968 U.S. LEXIS 661, 393 U.S. 825, 89 S. Ct. 88, 21 L. Ed. 2d 96 (U.S. 1968) Brief Fact Summary. The Defendant, Orlando Daily Newspapers, Inc. (Defendant), published an article claiming that the Plaintiff, Belli (Plaintiff), an attorney, took advantage of an agreement with the Florida Bar Association (the Association), charging a large clothing bill to the Association. The article was false, and Plaintiff brought a defamation suit. Synopsis of Rule of Law. If the meaning of an article is capable of two interpretations, one being defamatory a ...
Grant v. Reader’s Digest Ass’n
CitationGrant v. Reader’s Digest Asso., 151 F.2d 733, 1945 U.S. App. LEXIS 3031 (2d Cir. N.Y. Nov. 2, 1945) Brief Fact Summary. An article was published by the Defendant, Reader’s Digest Ass’n (Defendant), claiming that the Plaintiff, Grant (Plaintiff), represented the Communist party. Plaintiff brought a libel suit. The trial court dismissed the suit for insufficiency in law on the face of the claim. Synopsis of Rule of Law. It is not necessary that the majority of people would find an article to be damaging to Plaintiff’s reputation so long as some people would re ...