slander of title elements

677 results for slander of title elements

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  • 667 F.3d 1146 (10th Cir. 2012), 10-1358, United States v. Strandlof

    ... colorable imitation of such item shall be fined under this title, imprisoned not more than six months, or both. 18 U.S.C. § ..., liability is appropriate only if there are limiting elements such as scienter, materiality, and reliance. Illinois ex rel. ..., as spreading false news; or some social injury, as slander . . and malicious prosecution, for which a private recompence ...

  • 680 F.2d 527 (7th Cir. 1982), 81-2483, Gertz v. Robert Welch, Inc.

    ... Gertz of Red Guild harasses Nuccio." He also wrote the title of the article, a note on the author, and a comment on the inside ... The plaintiff's claim consists of four essential elements:. First, that the defendant published a magazine article of and ... Torts § 611, Comment d (1977); 50 Am.Jur.2d, Libel and Slander § 221. Stang testified that most of his information about Gertz ...

  • 746 F.2d 1563 (D.C. Cir. 1984), 83-1471, Liberty Lobby, Inc. v. Anderson

    ...' motion for summary judgment on the ground that all the elements of libel had not been adequately established. The nature of those ...See 50 Am.Jur.2d Libel and Slander Sec. 89 (1970). It seems to us, however, that when a charge of ...Regardless of title, he was in a position of authority over Bermant, also listed on ...

  • The criminalization of lying: under what circumstances, if any, should lies be made criminal?

    ...Here we construct a wholly new crime, fleshing out its elements and teasing out the implications of what most likely will be ... representation of fact designed to cause the victim to pass title of his property. . c. Defamation . Lying is addressed in other ... statements can incur tortious liability in the form of slander or libel. Defamation is the public issuance of a false statement ...

  • 102 T.C. 116 (1994), 24665-91, Robinson v. C.I.R.

    ..., based on false representations, tortious, and a cloud on title. [ 6 ] Petitioners prayed for the following damages: (1) Lost ...In the case at hand, these three elements aggregate 37.331 percent of the damage award (i.e., 21.245 + ... (3) fraudulent misrepresentation, (4) conversion, and (5) slander of title. [ 7 ] In petitioners' memoranda of law filed with ...

  • Margaritis v. BAC Home Loans Servicing LP, 061814 FED9, 12-15643

    ...2010) (discussing elements of a RICO claim and particularity requirements of Fed.R.Civ.P. ...See Baker ex. rel. Hall Brake Supply, Inc. v. Stewart Title & Trust of Phx., Inc., 5 P.3d 249, 259 (Ariz.Ct.App. 2000) ... predatory lending, unfair debt collection practices, and slander of title because Margaritis failed to allege sufficient facts to ...

  • 712 F.2d 490 (D.C. Cir. 1983), 82-1838, Gray v. Bell

    ... patently counter-productive to attempt to separate out elements of conduct that might have involved non-advocatory functions. We ... The provisions of this chapter and section 1346(b) of this title shall not apply to--. (a) Any claim based upon an act or ... arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights: ...

  • 382 F.3d 1110 (11th Cir. 2004), 01-17064, United States v. Blankenship

    ...As the jury was specifically instructed, the repeated slander of the Blankenships in Glover's opening statement and closing ... Accepting this invitation, we will determine whether the elements of § 1001 were correctly interpreted and satisfied in this case. ... object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both. . 18 U.S.C. ...

  • 383 F.3d 1018 (9th Cir. 2004), 02-16537, Porter v. California Dept. of Corrections

    ...  In May 2000, Lawana Porter filed a complaint pursuant to Title VII of the Civil Rights Act, 42 U.S.C. § 2000e, against the ... to create a genuine issue of material fact as to these elements, but found that the claim was time barred.         In ... "[a]t first, DeSantis's only means of retaliation were slander and ridicule.".         Even if we ignore the ...

  • Obstruction of justice.

    ...Tim OMNIBUS PROVISION A. Scope of [section] 1503 B. Elements of a [section] 1503 Offense 1. Pending Federal Judicial ...(136) Section 1510 was added to Title 18, Chapter 73, to prohibit the obstruction of federal criminal ... or federal law enforcement officer by false claim or slander of title). . (3.) The part of the provision known as the Omnibus ...

  • Chen v. Dillard Store Services, Inc., 082714 FED10, 13-3286

    ... Store Services (Dillard's), in Kansas state court for slander and negligence. Dillard's removed the case to the United States ...§ 1981 and Title VII of the Civil Rights Act of 1964. On June 12, Dillard's ... the burden to set forth facts sufficient to satisfy the elements."). It is not mentioned in the arbitrator's decision. And even if ...

  • 323 F.3d 1198 (9th Cir. 2003), 00-56330, Blaxland v. Cmmwealth Dir. of Pub. Prosecutions

    ... out of malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights. ... for abuse of process, a litigant must establish two elements: that the defendant (1) contemplated an ulterior motive in using ... the person committed under sections 3184 or 3185 of this title to be delivered to any authorized agent of such foreign ...

  • 755 F.2d 675 (8th Cir. 1985), 84-1617, National Carriers, Inc. v. United States

    ... The provisions of this chapter and section 1346(b) of this title shall not apply to--. * * *. * * *.         Any ... arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights ... recognized that a claim based on negligence may have elements in common with a misrepresentation claim. However, the . . ...

  • 768 F.2d 722 (5th Cir. 1985), 84-1695, Bodzin v. City of Dallas

    ... for false arrest, malicious prosecution, and libel and slander. The district court granted a directed verdict for the City of ... cause to believe that Bodzin had committed all the elements of criminal trespass in their presence. Bodzin's . . argument ... and a Decennial Digest on patrol; they cannot be held to a title-searcher's knowledge of metes and bounds or a legal scholar's ...

  • 107 U.S. 265 (1883), Ex Parte Wall

    ... a pernicious example to the insubordinate and dangerous elements of the body politic.  It manifests a want of fidelity to the ... had been charged with theft, and brought an act of slander therefor; the defendant pleaded the truth in justification, and ...610] title to lands, and advances for taxes; and many other like matters, ...

  • Sarver v. Jackson, 090209 FED11, 08-16903

    ...§ 1983 and Title IX, 20 U.S.C. § 1681.1 Sarver argues the district court erred in ... suspending her from school; (2) the Georgia torts of slander, libel, and defamation of character; and (3) sexual harassment by ... and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Bell Atlantic Corp. v. ...

  • 454 F.2d 442 (9th Cir. 1972), 24541, Alpha Distributing Co. of California, Inc. v. Jack Daniel Distillery

    ... such action was in itself unlawful, because of libel, slander, fraud, physical violence or threats of such action, to employ ...In the Chicago Title Insurance Co. case cited in note 8, the court made it clear that ...Apart from those two elements, the antitrust claims at issue here are essentially grounded upon ...

  • 797 F.2d 227 (5th Cir. 1986), 85-2491, Marcus, Stowell & Beye Government Securities, Inc. v. Jefferson Inv. Corp.

    ... 1, 4 (Tex.1958) (lessors who wrongfully repudiate lessees' title will not be allowed to profit by their own wrong). Depriving a ...'d n.r.e.) (article 2226 does not apply in an action for slander of title); see also Fowler v. One Seguin Art Center, 617 S.W.2d ...Even when the above four elements are established, however, the existence of privilege or ...

  • In re Harrington Tools, Inc., 081313 FED9, 11-56831

    ... the record to show that Community Bank could satisfy the elements of any of the causes of action it lists. See, e.g., Cal. Gov't ...2012) (noting that slander of title requires publication of a false statement that ...

  • 441 F.3d 220 (4th Cir. 2006), 04-7269, Andrews v. United States

    ... meaning of a catch-all phrase by looking to the common elements among the specific things mentioned in the list. For example, "if ... arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights: ..., the provisions of this chapter and section 1346(b) of this title shall apply to any claim arising .. out of assault, battery, ...

  • 839 F.2d 979 (3rd Cir. 1988), 87-1373, Harad v. Aetna Cas. and Sur. Co.

    ... prosecution, the publication or utterance of a libel or slander or other defamatory or disparaging material, or the publication ... nature or a "professional service" we must look not to the title or character of the party performing the act, but to the act ... 6This section states, in relevant part:. (a) Elements of action.--A person who takes part in the procurement, ...

  • 611 F.2d 308 (9th Cir. 1979), 77-3383, Matter of Kasler

    ...         However, Gudger and § 624 involved slander of title, the questioning of another's Title to property, not ...   We find only two California cases that discuss the elements of trade libel at all. In Shores v. Chip Steak Co., 130 ...

  • 732 F.3d 1234 (10th Cir. 2013), 10-2121, United States v. Melot

    ... tax liability for the Form 1040 individual income tax under Title 26, Subtitle A, during those years. Furthermore, I am not under ... of proof at trial by denying the essential factual elements of guilt, is convicted, and only then admits guilt and expresses ..., characterized some of the trial evidence against him as slander, continued to deny that he lied to the Department of Agriculture ...

  • 841 F.2d 1512 (10th Cir. 1988), 84-2631, Meade v. Grubbs

    ... (1982), a plaintiff must allege facts demonstrating two elements:.         First, the plaintiff must prove that the ... 18 See Wilhelm v. Continental Title Co., 720 F.2d 1173, 1177-78 (10th Cir.1983) (holding that ... for by law" rather than the statute for claims of "libel, slander, assault, battery, false imprisonment or seduction"), cert. ...

  • Obstruction of justice.

    ...THE OMNIBUS PROVISION A. Scope of[section] 1503 B. Elements of a [section] 1503 Offense 1. Pending Federal Judicial ...(136) Section 1510 was added to Title 18, Chapter 73, to prohibit the obstruction of federal criminal ... or federal law enforcement officer by false claim or slander of title). . (3.) The part of the provision known as the Omnibus ...