affirmative defenses to defamation

501 results for affirmative defenses to defamation

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  • New York Times v. Sullivan

    ..., then recognition of individuals libeled by group defamation becomes clear.". . [13] The same principle is aptly stated in ...22, which was affirmative in nature. It is appellant's contention that refusal of said ... the newspaper is unable to plead or prove state afforded defenses of truth, fair comment, privilege or retraction (to show good ...

  • Time does not heal all wounds: an analysis of the defendant disarming decision in Murray v. Mansheim.

    ... "well-recognized rule is that a counterclaim seeking affirmative relief for personal injuries must be filed within the applicable ...(118) The defendant's answer asserted two affirmative defenses and a compulsory counterclaim. (119) The plaintiff demurred on ...Super. Ct. Ch. Div. 1999) (noting that defamation is not a claim for "recoupment" and must be asserted as a ...

  • Adobe Systems Inc. v. Christenson, 123015 FED9, 12-17371

    ...Christenson asserted numerous defenses, including the first sale defense to the copyright claim. He also ... Software Information Industry Association ("SIIA") for defamation, disparagement, and more, on the basis that SIIA issued a press ...Under the Copyright Act, this affirmative defense provides that "the owner of a particular copy . . . ...

  • Racketeer influenced and corrupt organizations.

    III. DEFENSES . This Section addresses potential defenses to RICO prosecutions. ... under [section] 1962(d) through proof that he took affirmative steps, inconsistent with the objectives of the conspiracy, to ... actions based upon violence or threats of violence, defamation, trespass, and intentional infliction of emotional distress). . ...

  • Protecting and Promoting the Open Internet

    In this document, the Federal Communications Commission (Commission) establishes rules to protect and promote the open Internet. Specifically, the Open Internet Order adopts bright-line rules that prohibit blocking, throttling, and paid prioritization; a rule preventing broadband providers from unreasonably interfering or disadvantaging consumers or edge providers from reaching one another on the

    ... disclosure in some other public place.'' Allowing such defenses would undermine the core purpose of the transparency rule. ...private or sovereign-absent affirmative evidence of authority to do so''), and ``may not require any ..., Congress has also exempted broadband providers from defamation liability arising from content provided by other information ...

  • Credit Suisse Securities (USA) LLC v. Tracy, 012816 FED2, 15-345-cv

    ..., Employees filed a statement of counter-claims and affirmative defenses in that arbitration.7.          Also on May ... Broker Recruiting, "8 and was liable to Employees for defamation, tortious interference, and unfair competition. ...

  • 777 F.3d 885 (7th Cir. 2015), 13-2877, O'Gorman v. City of Chicago

    ..., although a plaintiff need not anticipate or overcome affirmative defenses such as those based on the statute of limitations, if a ... interest in his reputation, and therefore " 'mere defamation by the government does not deprive a person of liberty protected ...

  • Rethinking Trademark Fair Use

    The ever-expanding scope and strength of trademark rights has caused justifiable fears ofa threat to free expression. In response, concerned scholars generally focus on perfecting the substance of legal rules that balance free speech against other goals. This effort is misplaced because most cases raising these issues in recent years ended in judicial decisions that favored speech. The real...

    ...Instead, we should craft simpler affirmative defenses that immunize particular categories of expressive uses, ...When public figures claim defamation or intentional infliction of emotional distress, for instance, ...

  • 778 F.3d 1172 (11th Cir. 2015), 12-15595, In re Fisher Island Investments, Inc.

    ... the allegations in the involuntary petitions, raising affirmative defenses, and seeking dismissal of the petitions as filed in bad ...A creditor filed a defamation claim in the debtor's voluntary bankruptcy proceeding, and the ...

  • Representation-Case Procedures

    The National Labor Relations Board (the Board) has decided to issue this final rule for the purpose of carrying out the provisions of the National Labor Relations Act which ``protect[ ] the exercise by workers of full freedom of association, self-organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or...

    ...Plant Guard Workers, 383 U.S. 53, 62 (1966) (a defamation case)). The Court further recognized that such debate ... petition and election, the party will ``assert as many defenses as possible'' or try to obtain a hearing simply to ``buy . . . ...The few comments to focus on this proposal either affirmatively support it as an improvement over current procedures or find it ...

  • In re Fisher Island Investments Inc., 022015 FED11, 13-15256

    ... the allegations in the involuntary petitions, raising affirmative defenses, and seeking dismissal of the petitions as filed in bad ...A creditor filed a defamation claim in the debtor's voluntary bankruptcy proceeding, and the ...

  • In re Fisher Island Investments Inc., 022015 FED11, 13-15259

    ... the allegations in the involuntary petitions, raising affirmative defenses, and seeking dismissal of the petitions as filed in bad ...A creditor filed a defamation claim in the debtor's voluntary bankruptcy proceeding, and the ...

  • In re Fisher Island Investments Inc., 022015 FED11, 14-11700

    ... the allegations in the involuntary petitions, raising affirmative defenses, and seeking dismissal of the petitions as filed in bad ...A creditor filed a defamation claim in the debtor's voluntary bankruptcy proceeding, and the ...

  • In re Fisher Island Investments Inc., 022015 FED11, 14-11771

    ... the allegations in the involuntary petitions, raising affirmative defenses, and seeking dismissal of the petitions as filed in bad ...A creditor filed a defamation claim in the debtor's voluntary bankruptcy proceeding, and the ...

  • Non-Economic Individual Rights

    § 23.1 Civil Rights Protections: The Second, Third & Seventh Amendments & The Full Faith and Credit Clause of Article IV, § 1. § 23.1.1 The Second Amendment: Right to Bear Arms. § 23.1.2 The Third Amendment: Protection Against Quartering of Soldiers In Individuals' Homes. § 23.1.3 The Seventh Amendment: Right to Jury Trial in Actions At Common Law. § 23.1.4 The Full Faith and Credit...

    ... just as there are First Amendment limitations on state defamation lawsuits under New York Times Co. v. Sullivan , discussed at § ..., as for specific performance or an injunction, or some defenses, such as illegality or unconscionability in contract law, are ... there is any doubt: "Whether the sanction involves an affirmative disability or restraint, whether it has historically been ...

  • Territoriality and the First Amendment: free speech at - and beyond - our borders.

    ... materials to a domestic addressee absent her affirmative request. (22) . The right to see, hear, and associate with a ... not recognize or enforce a foreign judgment concerning defamation unless the domestic court determines that the foreign judgment is ... detainees or "enemy combatants" raise First Amendment defenses? . There will clearly be limits to the First Amendment's ...

  • 634 F.3d 642 (2nd Cir. 2011), 10-37-cv, Zherka v. Amicone

    ... for " actual chilling," a state-law theory of per se defamation does not sufficiently demonstrate harm and therefore does not ...He raised multiple affirmative defenses, including failure to state a claim upon which relief ...

  • Ex parte Young.

    ...Sovereign immunity permits private people to assert defenses against the government, so a suit against an officer that ...Because their position was a defense, not an affirmative claim on the State of Minnesota, a court could grant relief ... the commission's statements were the private wrong of defamation, but there is no indication of that.) . Some Justices, writing ...

  • Kermode v. University of Mississippi Medical Center, 111612 FED5, 12-60010

    ... of privacy, tortious interference with a contract, defamation, and civil conspiracy. He argues that Park's accusations of ... to the complaint in which they asserted, among other defenses, the affirmative defense of Eleventh Amendment or sovereign ...

  • 791 F.3d 1104 (9th Cir. 2015), 12-17095, Pistor v. Garcia

    ... tort law for battery, false imprisonment, conversion, defamation, trespass to chattels, and negligence. .          The ... immunity is essentially " the assertion of an affirmative defense," the court maintained, and so is a " separate question" ..., although entitled to certain " personal immunity defenses, such as objectively reasonable reliance on existing law," id. ...

  • Pistor v. Garcia, 063015 FED9, 12-17095

    ... tort law for battery, false imprisonment, conversion, defamation, trespass to chattels, and negligence.          The ... immunity is essentially "the assertion of an affirmative defense, " the court maintained, and so is a "separate question" ..., although entitled to certain "personal immunity defenses, such as objectively reasonable reliance on existing law, " id. ...

  • Taking initiatives: reconciling race, religion, media and democracy in the quest for marriage equality.

    ... political misinformation, responding to anti-gay defamation and promoting public education. In the fifth part of this ... police handcuffs, nothing to say when they overturned affirmative action, nothing to say when people were being [relegated] into ... and are thus ready to cultivate in us the skills and defenses required to cope with the challenges posed by our mutual ...

  • 742 F.3d 104 (4th Cir. 2014), 12-4061, United States v. Hassan

    ... Id . Sherifi promptly responded in the affirmative, intoning " Inshallah," or " God willing." . Id. . . . . ...including obscenity, defamation, fraud, incitement, and speech integral to criminal conduct." Id ... impaired the appellants' ability to conduct their defenses. The court's First Amendment instruction substantially covered ...

  • Canines on campus: companion animals at postsecondary educational institutions.

    ...The various remedies and defenses to the federal laws discussed infra notes 18111 and accompanying ...In its Answer and Affirmative Defenses filing, the University of Nebraska at Kearney denied ... court also rejected the residents' arguments for a defamation claim and FHA retaliation claim. Id. at 1180-81. . (90.) State ex ...

  • When a lie is the truth: pandering child pornogrpahy.

    ... the definition of child pornography, tightened the affirmative defense available, and amended federal obscenity law to address ...[section] 1466A). The statute permits two affirmative defenses: 1) that the production of the alleged child pornography did not ... the protection of speech, as exemplified by the law of defamation. If the materials in fact were as pandered, then the overriding ...