slander of title elements

677 results for slander of title elements

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  • In re Gallo, 072009 FED7, 08-1315

    ... of claim with the bankruptcy court for slander of title.1 See 11 U.S.C. § 553. Mr. Gallo later ...2008)). If Ms. Emery establishes these elements, the burden would shift to Mr. Gallo to raise an ...

  • 59 F.3d 474 (4th Cir. 1995), 94-5658, United States v. Bostian

    ... held a valid tax lien on the 240 acres titled in the trust's name. In February 1993, Judge ... a right of way, and threatened a slander of title action against anyone recording a false ... where the government must establish elements of the charged offense beyond a reasonable doubt. ...

  • 367 U.S. 1 (1961), Communist Party of the United States v. Subversive Activities Control Board

    ...  The Subversive Activities Control Act is Title I of the Internal Security Act of 1950, 64 Stat. ... parties, they are, in fact, constituent elements of the worldwide Communist movement and promote ... a law which should say a man shall not slander his neighbor would be unnecessary; but it is ...

  • Jackson v. City of Cleveland, 052019 FED6, 17-3840

    ... thereto, except actions for libel, slander, malicious. prosecution, for a nuisance, or ...elements: "[1] the evidence at issue. must be ... . . Rule 66 [No Title]. . . (1) Officers and members ...

  • 716 Fed.Appx. 871 (11th Cir. 2017), 15-13834, Sarhan v. Department of Justice Federal Bureau of Prisons

    ... ethnicity, in violation of Title VII of the Civil Rights Act. of 1964 ... the same cause of action when four elements are present: (1). the prior decision was ...libel,. slander, [or]. . . Page 877. . . ...

  • 422 F.3d 1059 (10th Cir. 2005), 01-6322, Beedle v. Wilson

    ... of Title 11 of the Oklahoma Statutes, a county hospital ...Beedle's cross-petition for slander and emotional distress in the state libel suit. ... indicates he easily satisfies these elements. He alleges the Hospital's action against him was ...

  • 835 F.3d 388 (3rd Cir. 2016), 15-2080, Auto-Owners Insurance Co. v. Stevens & Ricci, Inc.

    Relying on an advertiser’s claim that its fax advertising program complied with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227, Stevens & Ricci allowed the advertiser to fax thousands of advertisements to potential customers on its behalf. More than six years later, Hymed filed a class action TCPA lawsuit, which settled with a $2,000,000 judgment against Stevens & Ricci. While that...

    ... or written publication of material that slanders or. libels a person or organization or ... . d. Infringement of copyright, title or slogan. . . (J.A. at 573.) To ... other elements of diversity jurisdiction are present and at. ...

  • Wilbanks v. Ypsilanti Community Schools, 071318 FED6, 17-2001

    ... defamation, libel and slander, and intentional infliction of. emotional ... prima-facie elements of a retaliation case under the ADA and. ... the anti-retaliation provision of Title VI of. the Civil Rights Act by providing:. ...

  • 65 F.2d 540 (6th Cir. 1933), 6229, International Visible Systems Corp. v. Remington-Rand, Inc.

    ... action was based upon sections 2 and 15 of title 15, U.S.C. (15 USCA §§ 2, 15), portions of the ... embody a substantial cause of action for slander of title. We cannot accept this view. As ...Three elements are necessary for the maintenance of such a suit. ...

  • 517 F.3d 321 (6th Cir. 2008), 07-3235, Hawkins v. Anheuser-Busch, Inc.

    ... told Hill that she could be sued for slander for accusing Robinson. Nothing in the record ... have held that federal caselaw interpreting Title VII of the Civil Rights Act of 1964 (Title VII) ... that Hawkins did not establish the other elements of her prima facie case. Although there is no ...

  • Fashion Boutique of Short Hills, Inc. v. Fendi USA, Inc., 122302 FED2, 00-9094

    ... the jury that general damages for slander were limited to the injury to its reputation in ...v. First Am. Title Ins. Co., 173 F.3d 725, 735 (9th Cir. 1999) ...," we easily accept the first and third elements of the Gordon & Breach test that define the term ...

  • 798 F.3d 1119 (D.C. Cir. 2015), 14-7030, Banneker Ventures, LLC v. Graham

    Plaintiff, a real estate developer, alleged that WMATA signed a contractually binding Term Sheet preliminarily selecting plaintiff to develop property above a Metrorail station and giving plaintiff the exclusive right to negotiate a final development agreement. Plaintiff filed suit raising claims related to its allegation that one of WMATA's Board Members, Jim Graham, abused his position and his...

    ..., " [t]hreadbare recitals of the elements of a cause of action, supported by mere ... through egregious means, such as libel, slander, coercion, or disparagement. See Appellee Br. ... an official's duties depends " not [on] the title of [the] office but the duties with which [the ...

  • 622 F.2d 1235 (7th Cir. 1980), 78-2314, Movement for Opportunity and Equality v. General Motors Corp.

    ..., monetary, and injunctive relief under both Title VII of the Civil Rights Act of 1964, 78 Stat. ... prosecution, false imprisonment, libel, slander, or any affront or detriment to the body, psyche, ... raise that inference by showing all four elements of the formula there applied. That formula as ...

  • 657 F.3d 1146 (11th Cir. 2011), 10-12695, Douglas Asphalt Co. v. QORE, Inc.

    ... ATS, even though Douglas had not used the title " negligence" for any count in the complaint. The ... misleading" test results constituted " slander and/or libel per se." Douglas also maintained ... had failed to prove some essential elements of its defamation claim. We review the court's ...

  • 774 F.3d 140 (2nd Cir. 2014), 13-561, Turley v. ISG Lackawanna, Inc.

    Plaintiff, a longtime steelworker in Lackawanna, New York, endured racial insults, intimidation, and degradation over more than three years, including slurs, evocations of the Ku Klux Klan, statements comparing black men to apes, death threats, and placement of a noose dangling from the plaintiff’s automobile. Supervisorsʹ meager efforts failed to stop the escalating abuse. Managers often...

    ...§ 1981, Title VII, 42 U.S.C. § 2000e et seq ., and the New ... derogatory remarks; the poorly defined elements of and limitations on the tort; and the apparent ..., other well-defined torts, such as libel, slander, and (outside New York State) false light ...

  • 159 U.S. 113 (1894), Hilton v. Guyot

    ... to the French law, and also proved the title of Guyot as liquidator.         It was ... assault and battery, false imprisonment, slander, etc., and the defendant was duly summoned and ... of those things which are reckoned the elements or the corner stones of the due administration of ...

  • 'Umar b. al-Khattab and the Abbasids.

    ... to religious authority or to use of the title "God's Caliph," and this judgment has filtered ...(51) The elements of the Sunna were therefore based on an ... a secret he confides in you, do not slander an absent man in his company, and do not propose ...

  • 973 F.2d 1271 (6th Cir. 1992), 90-1697, Chonich v. Wayne County Community College

    ... court's instruction on "libel and slander" required plaintiffs to show "actual damage" and ...         Plaintiffs dismissed their Title VII claims and pursued instead their claim for ... of mental and personal embarrassment elements of retaliation damages under Michigan law. The ...

  • 868 F.3d 189 (3rd Cir. 2017), 16-3422, Vanderklok v. United States

    Vanderklok wanted to fly from Philadelphia to Miami, to run a half-marathon. In his carry-on luggage, he had a heart monitor and watch stored inside a piece of PVC pipe, capped on both ends. During screening at the airport security checkpoint, the pipe and electronics prompted secondary screening, supervised by Transportation Security Administration (TSA) employee Kieser. According to Vanderklok,

    ... elements of Vanderklok's Fourth Amendment malicious. ... 2672 of this title .. is exclusive of any other civil action. ... process, libel, slander, misrepresentation, deceit, or. ...

  • 796 F.3d 1 (D.C. Cir. 2015), 13-7088, Hourani v. Mirtchev

    ... official title in Kazakhstan," Amended Complaint ¶. 34, ...          Foreign. elements pervade this case. The main actors were Kazakhs, ... " libel, slander, [and] misrepresentation". involving ...

  • 682 F.2d 1 (1st Cir. 1982), 81-1534, Jimenez-Nieves v. United States

    ... States on claims arising out of "libel, slander, misrepresentation, deceit or interference with ... be brought under section 1331 or 1346 of Title 28 to recover on any claim arising under this ... statements that are happenstance causal elements of other torts. Thus, the "misrepresentation" ...

  • 980 F.2d 1490 (5th Cir. 1992), 91-2763, Johnson v. Sawyer

    ..., and except as authorized by this title--.         (1) no officer or employee of ... of authority, to the torts of libel, slander, and defamation as possible Texas law analogues ... no analysis either of the particular elements necessary for recovery under such purported ...

  • 240 F.3d 200 (3rd Cir. 2001), 99-4081, Saxe v State College Area School District

    ... to define harassment for purposes of Title VII, Title IX, the Pennsylvania Human Relations ..., the Policy would require the following elements before speech could be deemed harassing: (1) ... independently tortious speech like libel, slander or intentional infliction of emotional distress. ...

  • 834 F.3d 823 (7th Cir. 2016), 14-2839, Arias v. Lynch

    Arias came to the U.S. without authorization in 2000. She has raised three children here and has consistently paid income tax. Her longtime employer calls her an “excellent employee.” Her sole criminal conviction, falsely using a social security number to work (42 U.S.C. 408(a)(7)(B)), was classified as a “crime involving moral turpitude” by the BIA, which disqualified Arias from seeking...

    ... emphasized that crimes whose essential elements. involve fraud or deception tend to be ... slander. Brooker v. Coffin, supra, 5 Johns. at. ...Code, Chapter 7, Subchapter. II. The title of the subchapter is “ Federal Old-Age,. ...

  • 327 F.3d 56 (2nd Cir. 2003), 98-1041, United States v. Yousef

    ... aircraft registered under Chapter 441" of Title 49, which requires registration of any United ... subsections each of which defines the elements of a distinct offense. See 18 U.S.C. § ... a protector of people who attack and slander the religion of the Muslims, their God, and their ...