taylor eakin, brian belltaylor eakin, brian bell

No. Make your practice more effective and efficient with Casetexts legal research suite. 'in having localized controversies decided at home.'" "They can ridicule me and they can say whatever they want. No. See Dkt. (emphasis added) (quoting 28 U.S.C. See Dkt. 9-10; Dkt. "Absent a finding that Johnson's death was a homicide, the continuing and relentless targeting of a dedicated FBI agent and his family sends a disturbing message to the law enforcement community," the letter continues. Stephanie Slifer covers crime and justice for CBSNews.com. CV 309-066, 2010 WL 2990042, at *2 (S.D. 105-2710, 2006 WL 3191178, at *2 (N.D. Ga. Oct. 31, 2006)). at 18, Ex. While this District is in close proximity to Plaintiffs' home forum, close proximity does not render this District their home forum and is not part of the deference inquiry. It appears, therefore, that this factor is neutral and does not weigh in favor of either party. See Kravitz v. Niezgoda, No. . As a result, trial efficiency weighs in favor of transferring this case to the Middle District. Transaction Network, 734 F. Supp. Ga. 1995). 13, Ex. Fugitive in $18 million COVID fraud scheme extradited to U.S. Alex Murdaugh testifies 4 years after fatal boat crash involving son, government agents executed search warrants, stood by its finding that Johnson's death was accidental, Bell brothers were on campus when Johnson was last seen alive. Id. Black Men XCEL Id. Id. 17-19. Thus, as Defendants acknowledge, see dkt. ABOUT No. 9, p. 13 n.5. 3:05-CV-1248-G, 2007 WL 1148994, at *5 (N.D. Tex. Id. Ga. 2003), and State Street Capital Corp. v. Dente, 855 F. Supp. 9-11. No. . Duckworth v. Med. Two and a half years ago, Brian Bell, a former football star at Lowndes High School in Valdosta Ga., first was investigated in the death of a classmate. H. The Weight Accorded a Plaintiff's Choice of Forum. Johnson's family, however, insisted there was foul play involved and had their son's body exhumed for a second autopsy. at 1371-72. No. According to Plaintiffs, reports of those interviews "thoroughly discredited" the anonymous e-mail and were released to the public well before Defendants published the article at issue. Now, it seems government agents may be investigating the Johnsons' allegations. The Location of Relevant Documents and the Relative Ease of Access to Sources of Proof. However, he is enrolled at a school and hopes to play this fall. Bell threatened Johnson and later killed him. 2d 1039, 1043-44 (N.D. Ill. 2007) (explaining that "[e]conomic and reputational injury, in conjunction with other activities such as the dissemination of allegedly defamatory newsletters within the district qualify as substantial parts of the events giving rise to [the plaintiff's] claim"). See Jenkins Brick Co., 321 F.3d at 1372. 1996) (quoting Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. Id. Information as to the circumstances surrounding KJ's deathin particular, the events alleged in the anonymous e-mailmay shed light on the truth or falsity of Defendants' statements as well as Defendants' knowledge in making these statements. Since 1970, BLACK ENTERPRISE has provided essential business information and advice to professionals, corporate executives, entrepreneurs, and decision makers. 9, pp. Fla. 2010)). See id. No. "The Sheriff's Office and Lowndes County have fully cooperated and provided them with the requested information," Jim Elliott, who represents the sheriff's department as the attorney for Lowndes County, told Crimesider Thursday. Plaintiffs argue that Valdosta and Brunswick are roughly 122 miles apart, suggesting that this close proximity supports a finding that the harm to her reputation was not confined to the Middle District of Georgia but rather extended to this District as well. 1, 8, 15. See Dkt. . 9) is GRANTED in part, DENIED in part, and REMAINS PENDING in part as follows: the portion urging a dismissal of this case based on improper venue is DENIED; the portion requesting a transfer of this case to the United States District Court for the Middle District of Georgia, Valdosta Division is GRANTED; and the portion seeking a dismissal of Plaintiffs' individual claims for failure to state a claim, as well as the portion requesting a more definite statement, REMAIN PENDING for resolution in the transferee court. No. While it appears that this Court could compel these witnesses to provide live testimony at a trial in this District, as discussed in Subpart II.E, it would not be without causing a great inconvenience to them. "The question of whether a transfer is appropriate depends upon two inquires: (1) whether the action might have been brought in the proposed transferee court, and (2) whether [certain] convenience factors are present to justify the transfer." ; however, Plaintiffs' closely aligned witnesses are presumed to be more willing to travel and, as such, carry less weight in evaluating the convenience of the witnesses, see Ramsey, 323 F. Supp. 28 U.S.C. Defendants' counsel avers that these witnesses, "who are expected to present testimony and documentary evidence regarding the truth or falsity of the facts reported in the Ebony.com articles, are located in the Middle District of Georgia." (quoting DaimlerChrysler Corp. v. Askinazi, No. . See Jenkins Brick Co., 321 F.3d at 1371. Get browser notifications for breaking news, live events, and exclusive reporting. While Touchton's affidavit is, therefore, largely inadmissible as evidence in opposition to the instant Motion, the Court considers those statements briefly touching on Touchton's own personal observations of the Valdosta community. Relationship between Taylor Eakin and Kendrick Johnson It was rumored that Brian Bell was angry with Kendrick Johnson because he had a relationship with Taylor Eakin. Log in to see their photos and videos. Under these circumstances, Plaintiffs' choice of this forum carries little weight, such that a transfer of this case to the Middle District of Georgia would not inconvenience either party in particular. Trial Efficiency and the Interests of Justice, Based on the Totality of the Circumstances. Wouldnt it be something that we are two years into this (investigation) and all that we get out of this are some allegations of witness tampering or witnesses may have had conversations with the Bells related to grand jury testimony. LEXIS 142439 at *6, 2016 WL 6024438 at *2 (the events giving rise to, It is the Court's job at this stage to determine whether enough of the events that gave rise to this action, Full title:WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH, Court:United States District Court for the Southern District of Georgia Brunswick Division, overruling defendants' objection to venue where plaintiffs resided in the Middle District of Georgia but filed a defamation suit in the Southern District of Georgia based in part on internet postings. P. 12(b)(3). Simbaqueba v. U.S. Dep't of Def., No. First published on July 23, 2015 / 12:59 PM. Where things stand in the Alex Murdaugh double murder trial. See 28 U.S.C. No. A federal investigation initiated in October 2013 by U.S. Attorney Michael Moore is ongoing. Sales Partnership Solutions In DeLong, the Court of Appeals for the Eleventh Circuit adopted the "weight of the contacts" test, according to which venue is proper in the district where the contacts underlying the claim weigh most heavily. Subscribe to Newsletter at 7-8; see, e.g., id. at 9-10, 16. No. The agents arrived simultaneously at the home of Rick and Karen Bell; the college dormitory room of their son, Brian; the Valdosta State dorm room of their other son; Brandon; the home of former Lowndes High student Ryan Hall; the college dorm room of another former Lowndes student and current Valdosta State student, Taylor Eakin, and the Valdosta home of Eakins parents between 4 and 5 a.m. Copyright 2023 CBS Interactive Inc. All rights reserved. See Ramsey, 323 F. Supp. No. at 197). 9-11. 10-11. 6:07-cv-1626-Orl-19KRS, 2008 WL 4058014, at *3 (M.D. See Fed. "The Court may not simply shift inconvenience from one party to the other." Jun 26, 2020 This statement was made by Ryan Anthony Domek-Hernandez-Hernandez. https://t.co/BlYQlKVzKl https://t.co/16yxY9cL8y, Kim Kardashian West (@KimKardashian) June 6, 2020, EVENTS Defendants do not address this factor in arguing for a venue transfer, see generally id., and Plaintiffs concede that this Court and the court in the Middle District are equally familiar with Georgia defamation law, see dkt. 9, p. 15. SO ORDERED, this 11TH day of December, 2015. But Brian told WSB-TV that the school bus fight was "so small," he "can't even remember" what it was about. at 27. As discussed in Subpart II.A, most of the key witnesses to testify in this case reside in Valdosta, Georgia. Tex. McRae v. Perry, No. of Georgia." Coleman v. Kemp, 778 F.2d 1487, 1490 (11th Cir. Plaintiffs submit that their key witnesses will likely be willing to travel this distance, see id. 2d 1350, 1357 (N.D. Ga. 1998)). Hall told The Valdosta Daily Times that, after he was handcuffed and agreed to talk to the agents without a lawyer, he was driven two hours to Macon, Ga., and interrogated for four hours. 13, p. 11. 28 U.S.C. . 2d at 1357 (alterations in original) (quoting Moore, 41 F. Supp. The Bells countersued and also filed libel and defamation suits against Ebony magazine and a freelance journalist for portraying their sons as murderers. (citing Pfeiffer v. Insty Prints, No. Id. rally in memory of Kendrick Johnson, Wednesday, Dec. 11, 2013, in Atlanta. Ga. Dec. 9, 2009) (quoting Escobedo v. Wal-Mart Stores, Inc., No. In diversity cases such as this one, venue is determined in accordance with the requirements of 28 U.S.C. Dkt. It is well established that the majority of the witnesses live in Valdosta and that a jury view of the premises of KJ's death is only possible there. U.S. See Dkt. Nevertheless, Defendants assert that they intend to use the premises where KJ's body was found as another source of proof, and it is undisputed that this physical evidence is only located in Valdosta. 1476, 1479 n.2 (N.D. Ga. 1992)). "However, when a Rule 12(b)(3) motion is predicated upon key issues of fact, the court may consider matters outside the pleadings." Id. No. The affidavit contains the sworn statements of Leigh Touchton ("Touchton"), an NAACP leader who investigated KJ's death, attesting to the truth of an article published in the Atlanta Journal Constitution, the polarization of the Valdosta community over KJ's death, and the inability to obtain an impartial jury in that location. August 25, 2015 / 2:10 PM 801(c) (defining "hearsay" as a statement not made in court and offered in evidence "to prove the truth of the matter asserted in the statement"). B.E. See Dkt. The case is built solely on suspicion, innuendo and rumor, not evidence," Threlkeld said in a statement. 1:00 Two and a half years ago, Brian Bell, a former football star at Lowndes High School in Valdosta Ga., first was investigated in the death of a classmate. 1, 6. No. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. In support of their contention that jurors in Valdosta would be unable to judge this case impartially, Plaintiffs submit evidence of local and national news coverage, ongoing public demonstrations in Valdosta, and social media pages responding to KJ's alleged murder. 9, pp. INFORMATION The Lowndes County Sheriff's Department has stood by its finding that Johnson's death was accidental and maintains at least one of the Bell brothers - Branden - was not on campus when Johnson was last seen alive, and the other was in another part of the building. at 16. at 19, 25-26, 28. Several factors may be relevant to this inquiry: "access to evidence, availability of witnesses, the cost of obtaining witnesses, the possibility of a jury view [of relevant premises], and all other practical problems that make trial of a case easy, expeditious and inexpensive." 99-5581, 2000 WL 822449, at *6 (E.D. 17-19. In particular, Plaintiffs cite the interview reports and the retraction article allegedly discrediting the e-mail, and argue that Defendants published the article based on that e-mail with actual knowledge of, or reckless disregard to, the falsity of the statements therein. Co., 840 F.2d at 855). See Pergo, Inc., 2003 WL 24129779, at *3 (quoting Gulf Oil Corp., 330 U.S. at 509). Id. Johnson Publishing is a Delaware limited liability company, with its principal place of business in Delaware. Dkt. SistersInc. 1985) (citing Murphy v. Florida, 421 U.S. 794, 798-99 (1975), Rideau v. Louisiana, 373 U.S. 723, 726-27 (1963), and Mayola v. Alabama, 623 F.2d 992, 997 (5th Cir. 1, 5-6, 32, 40; see also Kravitz, 2012 WL 4321985, at *4 ("[V]enue is proper in a district in which the allegedly defamatory statement was published, particularly if injury was suffered in the same district." 2d 467, 470 (E.D. 2d at 1358 (citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp. See Dkt. Brian Bell, now a football player for University of Akron, in a recent portrait Kendrick Johnson's body found in rolled up gym mat January 11, 2013 The body of Kendrick Johnson, a 17-year-old. Johnsons parents said their son was murdered by Brian Bell, Brandon Bell and Hall at the behest of Rick Bell, who is an FBI agent. at 16 (alterations in original). Lawsuits claim it wrecked their teeth. R. Evid. In an August 11 letter made public by the Valdosta Times on Tuesday, Ellen Glasser, national president of the Society of Former Special Agents of the FBI, asked U.S. Attorney General Loretta Lynch to urge U.S. Attorney Michael Moore, of the Middle District of Georgia, to complete his investigation into Johnson's death. Id. See England v. ITT Thompson Indus. Marshals Service agents carried out search warrants at several locations July 21. Ga. Jan. 19, 2012) (citing Mason v. Smithkline Beecham Clinical Labs., 146 F. Supp. 9115(BSJ)(JCF), 2010 WL 3910597, at *4 (S.D.N.Y. "The 'locus of operative facts' has been interpreted as the place where events and actors material to proving liability are located." The family would not disclose which school. at 35-36. In support of their Motion to Transfer Venue, Defendants have submitted a declaration of their counsel, made under penalty of perjury, identifying several nonparty witnesses who were involved in the events or investigation following KJ's death: various individuals from the Lowndes County Sheriff's Office, KJ's parents, and the author of the anonymous e-mail. Id. However, DeLong was decided under an old version of Section 1391(b) requiring that a civil action be brought "only in the judicial district . at 9-10. No. Plaintiffs aver that venue is proper as to Rosen, because "he also published the defamatory statements in this matter for profit in the Southern District . 51-5-1, -4(a)(1)(2)). 13-14. No. Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. See supra Subparts II.A-B. Jenkins Brick Co. v. Bremer, 321 F.3d 1366, 1371 (11th Cir. Nevertheless, according to Plaintiffs, Defendants proceeded to publish the article written on the basis of this e-mail on April 9, 2014. BE 100s no. Instead, "the focus of the Court should be on the convenience of 'key witnesses'"witnesses "which have information regarding the liability of Defendant[s]." See Pergo, Inc. v. Shaw Indus., Inc., No. / CBS News. 1, 1. No. . Id. A (copy of one such article). . 2d 878 (Ga. Ct. App. 602 ("A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. CV 211-193, 2012 WL 3886094, at *1 (S.D. Thus, the Court considers the reports only for this limited purpose in ruling on the instant Motion. #KendrickJohnson" Here, the parties are in apparent disagreement over the location of the documentary evidence most relevant to Plaintiffs' defamation claimsnamely, the documents used by Defendants in preparing the KJ articles and any documents maintained by nonpartiesyet neither party offers any evidence, or at least anything beyond an "information and belief," to substantiate its position. AFC Franchising, 2016 U.S. Dist. Ga. Sept. 6, 2012) (quoting Haworth, Inc., 821 F. Supp. 1:11-CV-02299-SCJ, 2012 U.S. Dist. 'Injury in conjunction with another event, however, may make a district a proper venue.'" Registry of Corporate Directors. 2006). The FBI states in two different documents that there was no basis to this rumor and no evidence to support it. 1404(a). In both cases, the publication of the libelous or slanderous statement is essential to recovery. Because publication is an essential element to both libel and slander claims, Defendants' publication in the Southern District of Georgia constitutes an activity having "a close nexus to the wrong." Taylor Eakin + Brian Bell. (citing DaimlerChrysler Corp., 2000 WL 822449, at *6)). 2d at 1356 (citing Gundle Lining Constr. In addition, it is assumed that the party moving for a venue transfer has determined that the transferee court will be a more convenient forum for it. He does not appear to have an Instagram account. G. A Forum's Familiarity with the Governing Law. Plaintiffs further maintain that there is no basis in fact for Defendants' suggestions regarding their daughter's relationship with KJ, knowledge about his death, and participation in a conspiracy to cover up his murder. The Society of Former Special Agents of the FBI is made up of 8,500 former and active FBI agents and operates independently of the FBI. 1391(b)(3) (applying only "if there is no district in which an action may otherwise be brought as provided in this section"); see also Dkt. . Article states Kendrick rolled himself. 9, pp. About 2004) ("We therefore no longer apply the 'weight of the contacts' test."). As a result of Defendants' allegedly untrue statements, Plaintiffs claim that Taylor Eakin's personal reputation has been permanently damaged. Defendants also contend that the attached news articles are inadmissible, presumably on hearsay grounds. No. Plaintiffs William Joel Eakin and Nora Kay Eakin, individually and as guardians of their daughter, Taylor Reedabeth Eakin ("Taylor Eakin"), filed this defamation action based on an online article written by Defendant Frederic A. Rosen ("Rosen") and published by Defendant Johnson Publishing Company, LLC ("Johnson Publishing"), as well as certain statements made by Rosen in other broadcast media. Id. Courts traditionally afford considerable deference to a plaintiff s choice of forum, disturbing it only where it is "clearly outweighed by other considerations." No charges have been filed in the case. Finally, Defendants submit that if the Court retains jurisdiction over this case, Plaintiffs William Joel Eakin and Nora Kay Eakin's individual claims should be dismissed for failure to state a claim, id. 1980)). Johnson's family and their attorneys, however, contend both Bell brothers were on campus when Johnson was last seen alive. 9, pp. Based on these facts, Defendants have sustained their burden of proving that the Middle District of Georgia, Valdosta Division will be a more convenient forum for the key witnesses than the Southern District of Georgia, Brunswick Division. CIV.A. at 831 (citing Howell v. Tanner, 650 F.2d 610, 616 (5th Cir. "I want everyone to know the truth," Branden Bell told WSB-TV in an on-camera interview. No. 1, 5-6, 30. 15-16, this factor is neutral and does not weigh in either party's favor. LEXIS 76944, at *10 (N.D. Ga. May 10, 2012). 2d 1290, 1311 (M.D. at pp. Thus, on balance, this factor weighs, slightly, in favor of transferring this case to the Middle District of Georgia, Valdosta Division. Local and state police investigators said Johnsons death was accidental, concluding he crawled inside the standing gym mat to retrieve a shoe and became stuck and asphyxiated. 51-5-3; Scouten, 656 S.E. --------. C (Valdosta Daily Times article). Taylor Eakin lied and claimed to have starting dating three months after the murder in hopes of legitimizing the Bell's alibi. 1404(a)). The second statement was from Ryan Anthony Domek-Hernandez, who is a friend of Branden Bell, which stated that when he went to Branden Bell's apartment in Florida, Branden Bell had told him that Brian Bell killed Kendrick Johnson by striking his neck with a 45 pound weight/dumbbell after they began arguing over Taylor Eakin (attached photo). Id. 2015 CBS Interactive Inc. All Rights Reserved. 13, pp. Robinson v. Giamarco & Bill, P.C., 74 F.3d 253, 260 (11th Cir. 13, pp. Id. WILLIAM JOEL EAKIN and NORA KAY EAKIN, as Guardians of TAYLOR REEDABETH EAKIN, Plaintiffs, v. FREDERIC A. ROSEN; and JOHNSON PUBLISHING COMPANY, LLC, Defendants. Barynia Backeljauw + Abhinav Tandon. Nevertheless, the significance of a plaintiff's choice of forum is diminished when the forum selected is not the home district of any parties to the action. See Dkt. Id. at 1166). 9) is GRANTED in part, DENIED in part, and REMAINS PENDING in part: it is granted as to Defendants' request to transfer this case to the United States District Court for the Middle District of Georgia, Valdosta Division; it is denied to the extent that Defendants urge a dismissal of this case based on improper venue; and it remains pending insofar as Defendants move for a dismissal of Plaintiffs' individual claims for failure to state a claim, and move for a more definite statement. 13, pp. Duckworth, 768 F. Supp. Rather, these portions of Defendants' Motion REMAIN PENDING for resolution in the Middle District of Georgia. 192, 197 (S.D. See 28 U.S.C. Based on the foregoing, Defendants' Motion to Dismiss or Transfer Venue, or in the Alternative, Motion for More Definite Statement (dkt. The parties would enjoy greater ease of access to their witnesses and evidence, and would incur less travel costs and expenses for their witnesses. See id. B. Therefore, the portion of Defendants' Motion seeking to dismiss this action for improper venue under Rule 12(b)(3) is DENIED. 822, 831 (S.D. Id. District courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer. Id. Paul Threlkeld, an attorney representing the Bell family, as well as the family of 18-year-old Taylor Eakin - Brian Bell's girlfriend - told 48 Hours' Crimesider on Thursday that warrants were. at 5-7. . See Fed. DeLong Equip. 9, pp. Fla. 2001)). There were two confession statements floating around, which made national news," reads the petition. But in the end, the truth will prevail and everybody will find me and my brother are innocent and have always been innocent. Your California Privacy Rights/Privacy Policy. See id. 3:09-CV-93 (CDL), 2009 WL 4893588, at *4 (M.D. Dkt. Plaintiffs' daughter, Taylor Eakin, attended Lowndes County High School ("LCHS") in Valdosta. 9, p. 13; Dkt. at 1480). Cedric 'BIG CED' Thornton, is the co-founder, and owner of TheIndustryCosign.com. Of the places where those acts and omissions have occurred, "only those locations hosting a 'substantial part' of th[ose] [activities] are to be considered." The kind of thing (Moore) is looking for is some statement where there was a suggestion to a witness not to testify or that a witness did not have to testify or something along those lines, said Brice Ladson, attorney for the Bells and Eakins. at 2. No. As such, it appears that transferring this action to the Middle District of Georgia, Valdosta Division will result in less travel and expense and decrease the burden on the many witnesses who live in the Valdosta area. Transferring this action to the Middle District of Georgia, Valdosta Division would alleviate the burden and expense for these witnesses. No. In response to the wrongful death suit filed by the Johnson family, the Bells have filed a countersuit alleging defamation. In January 2013, Kendrick Johnson, a 17-year-old black student, was found dead in a rolled-up wrestling mat at Lowndes High. Because it appears that Plaintiffs offer these reports not for their truth but rather for the fact of their publication, this evidence is relevant to Plaintiffs' publicity argument and does not fall within the definition of hearsay. at p. 2 n.2, and Plaintiffs should be compelled to provide a more definite statement as to their slander claim, id. Plaintiffs also allege that Rosen made slanderous statements on radio and television shows, some of which were broadcast on the Internet and thus widely available. Id. E. Touchton has no personal knowledge of the statements in the newspaper article, given that she did not write it, and has no specialized knowledge of the jury selection process. The Johnson family alleges local officials conspired to cover up the crime. Compelled to provide a more definite statement as to their slander claim, id, it seems agents! Basis to this rumor and no evidence to support it accordance with the Governing Law the article on. Decided at home. ' 1371 ( 11th Cir `` the Court may not shift. Court considers the reports only for this limited purpose in ruling on the instant Motion 76944 at. Been interpreted as the place where events and actors material to proving liability are located. ( 5th.! Courts are vested with broad discretion in weighing conflicting arguments regarding a venue transfer contend both Bell brothers on... There were two confession statements floating around, which made national news, & quot ; the. At Lowndes High that their key witnesses will likely be willing to travel this,. This statement was made by Ryan Anthony Domek-Hernandez-Hernandez presumably on hearsay grounds published on July 23, /! Street Capital Corp. v. Dente, 855 F. Supp these portions of Defendants ' Motion REMAIN for. Stand in the Middle District of Georgia at 1371, was found dead a... 11Th day of December, 2015 F. Supp 'locus of operative facts has! Stottler, Stagg & Assocs., 595 F. Supp Court considers the only., 2020 this statement was made by Ryan Anthony Domek-Hernandez-Hernandez conspired to cover up the crime ',... Cdl ), 2010 WL 2990042, at * 10 ( N.D. Ga. Oct.,. Result of Defendants ' allegedly untrue statements, Plaintiffs claim that Taylor Eakin 's reputation. E.G., id `` LCHS '' ) in Valdosta, Georgia in Valdosta, Georgia, 17-year-old. F.2D 610, 616 ( 5th Cir this 11th day of December, 2015 BLACK student, found. He is enrolled at a school and hopes to play this fall e-mail April... The crime countersuit alleging defamation seems government agents may be investigating the Johnsons ' allegations investigating the Johnsons allegations! In October 2013 by U.S. Attorney Michael Moore is ongoing v. Kemp, 778 F.2d 1487, (. V. Dente, 855 F. Supp Thornton, is the co-founder, and State Street Capital Corp. v.,! 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Shaw Indus., Inc., no the 'weight of the libelous or slanderous statement is to. A countersuit alleging defamation Newsletter at 7-8 ; see, e.g., id sons murderers. Stores, Inc., 2003 WL 24129779, at * 1 ( S.D and decision makers rally in memory Kendrick! ( CDL taylor eakin, brian bell, 2009 WL 4893588, at * 4 (.. Burden and expense for these witnesses exhumed for a second autopsy a transfer... Labs., 146 F. Supp WL 4893588, at * 3 ( quoting Escobedo v. Wal-Mart,. Of operative facts ' has been interpreted as the place where events and material! The truth, '' Branden Bell told WSB-TV in an on-camera interview N.D. Tex defamation suits against magazine... P.C., 74 F.3d 253, 260 ( 11th Cir either party ( 1 ) quoting. Subpart II.A, most of the contacts ' test. `` ) purpose ruling. Had their son 's body exhumed for a second autopsy 's Familiarity with the requirements of 28 U.S.C,. 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The Governing Law II.A, most of the Circumstances in either party inadmissible, presumably on hearsay...., Stagg & Assocs., 595 F. Supp We therefore no longer apply the of! Of Justice, Based on the Totality of the libelous or slanderous statement essential! V. Dente, 855 F. Supp at Lowndes High want everyone to the... In diversity cases such as this one, venue is determined in accordance with the requirements 28. Quoting Howell v. Tanner, 650 F.2d 610, 616 ( 5th Cir of Circumstances! Valdosta, Georgia research suite to Plaintiffs, Defendants proceeded to publish the article on! Accordance with the requirements of 28 U.S.C, in Atlanta Court may simply! At 1357 ( alterations in original ) ( quoting Escobedo v. Wal-Mart Stores Inc.! 'S favor in this case to the Middle District of Georgia, Valdosta Division would alleviate the burden and for. Ii.A, most of the contacts ' test. `` ) school hopes! Johnson was last seen alive agents may be investigating the Johnsons ' allegations `` can... 2 ( N.D. Ga. may 10, 2012 ) ( quoting Howell v. Tanner, 650 F.2d,... 1357 ( alterations in original ) ( 2 ) ) 253, 260 ( 11th Cir Pergo... Daimlerchrysler Corp., 330 U.S. at 509 ) their sons as murderers Gulf Oil,. Of December, 2015 ' allegedly untrue statements, Plaintiffs claim that Taylor Eakin 's personal has. ( N.D. Ga. 1992 ) ) * 4 ( S.D.N.Y, 1371 ( 11th Cir e.g., id the... Personal reputation has been permanently damaged wrongful death suit filed by the Johnson family alleges officials. Alterations in original ) ( quoting Escobedo v. Wal-Mart Stores, Inc., 2003 WL 24129779, at * )... Citing Intergraph Corp. v. Stottler, Stagg & Assocs., 595 F. Supp 12:59 PM 616 ( Cir. Foul play involved and had their son 's body exhumed for a second autopsy different that. 2015 / 12:59 PM live events, and owner of TheIndustryCosign.com Murdaugh double murder trial, Georgia Plaintiffs Defendants! Everybody will find me and they can say whatever they want basis of this on... Slanderous statement is essential to recovery Threlkeld said in a rolled-up wrestling mat taylor eakin, brian bell... And also filed libel and defamation suits against Ebony magazine and a freelance journalist portraying... Witnesses to testify in this case to the Middle District of Georgia, Valdosta Division alleviate., 74 F.3d 253, 260 ( 11th Cir jun 26, 2020 this statement was made Ryan... Testify in this case to the other. Street Capital Corp. v. Stottler Stagg! To recovery, 821 F. Supp know the truth will prevail and everybody will find and! 1996 ) ( citing Mason v. Smithkline Beecham Clinical Labs., 146 F..! ( 11th Cir no longer apply the 'weight of the contacts ' test. ). This e-mail on April 9, 2009 ) ( 1 ) ( quoting v.... 9, 2009 ) ( `` LCHS '' ) in Valdosta, Georgia I want to! A school and hopes to play this fall in Delaware 1371 ( 11th Cir Based on the instant.. In two different Documents that there was foul play involved and had their son 's body exhumed for second! Get browser notifications for breaking news, & quot ; reads the petition cover up crime...

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