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FORGOTTEN HISTORY: 8 | History Defined

Police Officer's Defamation Suit Over Claims That Circled-Finger Sign Was "White Supremacist" Dismissed

There's finally a substantive decision in Olthaus v. Niesen, the case in which I argued before the Ohio Supreme Court challenging a pretrial prior restraint on defendant's publishing plaintiff's name, and in which my invaluable pro bono counsel Jeffrey M. Nye (Stagnaro, Saba & Patterson) argued on my behalf challenging…

Reason

Libel Suit by Gen. Michael Flynn's Sister Against CNN Dismissed

I'm too slammed today to comment in detail on it, but I just thought I'd note the decision handed down today by Judge Mary Scriven (M.D. Fla.) in Valerie Flynn v. CNN: Plaintiff, a citizen of Florida, is a private individual and sister to Retired General Michael Flynn. Plaintiff's suit…

Reason

Private College Coaches' Flexibility to Eject Team Members Based on Condemnation by Teammates

"Coaches must generally consider a variety of factors—both objective and subjective—in managing a team, and these factors include concerns about distractions, team cohesion, and morale."

Reason

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Interesting New Contractual Due Process Lawsuit by Former Harvard Business School Professor

The case, filed by, among others, lawyer and FIRE co-founder Harvey Silverglate, is Edelman v. President & Fellows of Harvard College; an excerpt: Plaintiff Benjamin Edelman brings this suit in law and equity to correct the harm that Harvard University has caused to his career, livelihood, and reputation by unlawfully…

Reason

No First Amendment Protection for 12 Cypress Trees,

when plaintiff's "connection to his trees [was] rooted in a vague and indeterminate concept of spirituality, quantum physics, and cosmic mechanics."

Reason

Lawsuit Over Blocking of Portland State Prof. Bruce Gilley from @UOEquity Twitter Feed Can Go Forward

"The evidence is sufficient to raise [but not to resolve] serious questions on the merits of Plaintiff's claim that Defendant stabin blocked him on account of his expression of a viewpoint."

Reason

Private Employee's Claim That He Was Fired for Political Tweet Can Proceed Under California Statutes

In Surdak v. DXC Technology (decided Dec. 20 by Judge Stanley Blumenfeld, Jr. (C.D. Cal.), but just posted a few days ago on Westlaw), plaintiff claimed he was fired (1) because of his "complaints … that he was not being paid all his wages" and (2) "in retaliation for posting…

Reason

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No Pseudonymity in Case Alleging Disability Discrimination Based on "Major Depressive Disorder"

“[I]t is reasonable to expect the person invoking the Court’s jurisdiction to set aside some of his privacy. Many statutes, such as the ADA [...] require a plaintiff to set aside his [] privacy and disclose information that he [] may otherwise wish to keep confidential.”

Reason

"You're Nobody" and the Law: Removing Candidate's Ballotpedia Page Isn't Libelous

From Magistrate Judge Phillip Green's Report & Recommendation Tuesday in Trouten v. Ballotpedia (W.D. Mich.): Plaintiff alleges that Ballotpedia "has withdrew the 'Bryan Trouten for United States House of Representatives Campaign' on their website." Plaintiff alleges that this action constitutes libel and/or defamation under state law. Plaintiff seeks $5,000,000.00 in…

Reason

Judge Reviewing Mar-a-Lago Documents Complains That Trump Has Offered No Evidence He Declassified Them

In any case, that issue does not seem relevant under the statutes that the FBI cited in its search warrant.

Reason

Nicki Minaj v. "Nosey Heaux" Libel Lawsuit

"On information and belief, and as discovery will likely reveal, Green has been acting as a proxy for another performer who, mistakenly believing that she and Plaintiff are stars of equal stature, has repeatedly used other social media intermediaries in a hopeless effort to advance her career at Plaintiff’s expense."

Reason

Court Rejects Idea Theft / "Hot News" Claim by Occasional Fox Guest Against Fox

In Greer v. Fox Corp., decided Wednesday, Judge Laura Taylor Swain (S.D.N.Y.) largely adopted Magistrate Judge Stewart Aaron's report and recommendation from June 2021; here's an excerpt of that report and recommendation, which the District Judge adopted (and which strikes me as quite correct): The following is a summary of…

Reason

O.J. Law, Back in Court

This time in a decision by Judge Veronica Barisich (Nev. Dist. Ct. Clark County), handed down in February but just posted on Westlaw; an excerpt: [16.] There are only few factual disputes. Plaintiff [Malcolm Lavergne] is a Nevada attorney who has represented O.J. Simpson since 2009 regarding his robbery-related convictions,…

Reason

Football Coach's Display of "All Lives Matter" Poster May Have Been Protected by First Amendment

From Beathard v. Lyons, decided Thursday by Judge James Shadid (C.D. Ill.): The following facts are taken from Plaintiff's Complaint, which the Court accepts as true for the purposes of a motion to dismiss. Plaintiff filed a complaint alleging that he was terminated from his position because of his viewpoint…

Reason

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Los Angeles Times

Amber Heard faces new legal battle, this time with her insurer over Depp suit

Amber Heard is facing a legal battle on a new front, this time with her insurance company.

Reason

Targeting Employee for Op-Ed Criticizing "Anti-Racism" Because She's White May Be Race Discrimination

but because here the employer's (and union's) actions were basically just an incident of public criticism, they didn't qualify as hostile environment harassment (and the employee wasn't fired or demoted).

Reason

Court Dismisses Defamation Lawsuit Over "Woman Accused of Defaming Dozens Online Is Arrested"

The case may get refiled, but it’s not looking promising.

Reason

Court Can't Resolve Dispute Stemming from Rabbis' Condemning Use of Competing Kosher Certifier

From Nassau County (N.Y.) Justice Randy Sue Marber's decision last week in Chimichurri Chicken Corp. v. Vaad Hakashrus of the Five Towns Far Rockaway (see also this New York Post [Lisa Fickenscher] article about the filing of the lawsuit [UPDATE: link fixed]): The Plaintiff operates a restaurant in Cedarhurst, Nassau…

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Reason

U.S. Senate Candidate Alan Grayson Loses Libel Lawsuit

Criticism of Grayson (who's now running in the 2022 Florida Senate primary) in his losing 2018 House campaign was based on "articles by independent, reputable sources," and there wasn't clear and convincing evidence that the defendants knew their statements were false or likely false (the so-called "actual malice" standard).

Reason

No Pseudonymity for Lawyer Who Wants to Conceal Litigation Against Government from Future Clients

From Chief Judge Beryl Howell's opinion in Doe v. U.S. Dep't of Homeland Security (D.D.C. Mar. 14, 2022): Plaintiff, an attorney, has moved to proceed pseudonymously as he litigates his instant claim under the Freedom of Information Act seeking information from various government agencies about a January 2021 incident, during…

Reason

Criminal Libel Arrest for Criticism of Police Officer Was Unconstitutional

Louisiana's criminal libel law was repealed in 2021, but even before that it had been held unconstitutional as to prosecutions for libels of public officials, and more broadly as to prosecutions for libels on matters of public concern. Judge Jane Triche Milazzo's opinion yesterday in Rogers v. Smith (E.D. La.)…

Reason

"Kai the Hitchhiker" (and Convicted Murderer) Loses Libel Lawsuit on Personal Jurisdiction Grounds

From Judge Freda Wolfson's opinion Friday in McGillvary v. Grande (D.N.J.): Caleb McGillvary …, proceeding pro se, filed this suit against Todd Grande …, alleging that Defendant defamed Plaintiff in a YouTube video …. Plaintiff is an individual currently incarcerated [for first-degree murder] in Trenton, New Jersey. Plaintiff has provided…

Reason

Anti-Israel Advocacy at University Doesn't Create Illegal "Hostile Environment" for Israeli Citizens or Jews

The same logic, of course, would apply to criticism of other countries and governments, such as China, Russia, the Palestinian government, and more.

Reason

No Qualified Immunity as to Firing of Assistant Principal for Rant About Democratic National Convention

From Thompson v. Central Valley School Dist. No. 365, decided a month ago by Chief Judge Stanley Bastian (E.D. Wash.) (now on appeal to the Ninth Circuit): "[W]e … live in a time when a careless comment can ruin reputations and crater careers that have been built over a lifetime…

Reason

Preliminary Injunction Bars Forced Retirement Based on Air Force Officer's Religious Refusal of Vaccination

"Although the Air Force claims to provide a religious accommodation process, it proved to be nothing more than a quixotic quest for Plaintiff because it was 'by all accounts, ... theater.'"

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