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Tag Archives: Judge Robert E. Payne

Allegedly false statement wasn’t defamatory (access required)

Where the plaintiff asserted a claim for defamation based upon the defendants’ allegedly false statement that her house was scheduled for foreclosure, her defamation claim was dismissed because there were insufficient allegations the statement was defamatory under the law. Background ...

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Rule 11 doesn’t extend to notice of dismissal (access required)

Where defendants’ attorneys argued a statement in a notice of voluntary dismissal filed by plaintiffs’ attorneys violated Rule 11, their motion for sanctions was denied because Rule 11’s “later advocating” provision did not extend to the dismissal notice. Background The ...

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Emotional distress claim vs. accuser survives dismissal (access required)

Distressed man sitting on stairs

A doctor who claimed he was arrested twice on false charges of stalking and domestic violence can sue his accuser for intentional infliction of emotional distress, or IIED. A federal trial court denied the accuser’s motion to dismiss, holding that ...

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False police report suffices for emotional distress claim (access required)

Where a man was twice arrested for charges based on a woman’s allegedly false reports and he claims to have suffered post-traumatic stress disorder even after the charges were dismissed, his suit for intentional infliction of emotional distress survived the ...

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