Civil Litigation
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Total Defamation Cases: 5
The plaintiff sued the school board and one of its members based on alleged defamatory statements from the board member that led to her termination from her job as school board attorney. The board member alleged that the plaintiff stole money from the board when she accepted a moving allowance and then did not move. The board member filed a motion to dismiss the claim against her with prejudice, and the district court granted that motion. The district court held that the board member had absolute privilege to make the statements she did because they related to her duties and responsibilities on the board.
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Hoffman v. Hall
27 Fla. L. Weekly D1468 (Fla. 1st DCA June 28, 2002)
2002-06-28
DEFAMATION
An appeal of a final order must contain unequivocal language of finality. The wording "final summary judgment is hereby entered in favor of" is sufficiently final.
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Harry v. Marchant
15 Fla. L. Weekly Fed. c590 (11th Cir. May 24 , 2002)
2002-05-24
DEFAMATION
There is no duty under the Emergency Medical Treatment and Active Labor Act (EMTALA) to stabilize a patient who was not transferred. The language of EMTALA only requires that patients be stabilized in the event of transfers. Plaintiffs are not without traditional negligence and medical malpractice claims.
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The court found that no reasonable reading of the magazine article in question supported the implication that the magazine article defamed the owner by implying that the owner knowingly handled smuggled gold or that he kept two sets of books.
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A plaintiff suing the media must plead and prove actual injury, despite the fact that actual injury is precisely what plaintiff abjures having to plead and prove in a defamation action.
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