Category Archives: Case Results

Settlement Agreement Enforceable under 664.6, Even Though it Contemplated a Written Version

I was initially very surprised when I read the squib of this decision. The conventional wisdom is that when the terms of a written settlement agreement contemplate putting the final version in writing, that offers an escape door since the … Continue reading

Bell v. Feibush — Six Years Later

Bell v. Feibush It’s been almost six years since Morris & Stone broke new legal ground with the decision of Bell v. Feibush, and I thought I’d take a look at some of the cases that sprang from the case. … Continue reading

What you can do when you are behind on your HOA dues

I get calls with this question a couple of times a week, so I decided it was time to post an article in order to help people with this scenario. The caller lives in a homeowners association (HOA), and for … Continue reading

Anti-SLAPP Victory: Reality Television is Free Speech

The reality show “Storage Wars” has created a case that offers some important anti-SLAPP (and litigation) lessons. In December, David Hester filed a lawsuit against A&E Television Networks alleging that producers of Storage Wars rigged the reality-television series by salting storage lockers with valuable … Continue reading

Women Can be Fired for Being Too Attractive, Says Iowa Supreme Court

A seemingly horrible decision out of Iowa provides an extreme example of how discrimination is only actionable if it involves a protected class. In a very rare move, the Iowa Supreme Court had already issued a ruling in this case … Continue reading

Chink in Armor of Communications Decency Act?

Former Cincinnati Bengals cheerleader Sarah Jones won her defamation lawsuit against the gossip website TheDirty.com on Thursday in federal court, winning an award of $338,000. Whether she will ever collect any money is a different issue, but some see the … Continue reading

Newsflash to Judge Lynn Hughes: Lactation is Related to Pregnancy

I reported a little over a year ago about a discrimination case out of Texas. A fired employee sued for wrongful termination based on discrimination, claiming that she was fired due to her request to use the bathroom to breast-pump. … Continue reading

Reporting a Fact is Never Defamatory

It is never defamation to report a fact, even if that fact is that a person was charged with a crime they did not commit. I understand why callers sometimes don’t understand this distinction. The completely innocent caller was falsely … Continue reading

It’s Not Defamation if No One Knows it’s You

As the old saying goes, if a tree falls in the forest and no one is there to hear it, does it make a sound?* In the context of defamation law, the saying could be, “if no one knows it’s … Continue reading

Do You REALLY Want to Fight that Case?

Too many attorneys and their clients defend against cases that have no defense. You took out a loan, your financial circumstances went south, and you were not able to repay the loan. Now you have been served with a complaint … Continue reading