Legal Opinion
Gibson v. Overnite Transportation Co.
Court of Appeals of Wisconsin
Decided September 23, 2003No. 02-3158PublishedCited by 7 opinions
1Opinion of the CourtPeterson, J.
¶ 1. Overnite Transportation Company appeals a judgment for money damages based upon a jury verdict finding defamation based on negative comments a manager made about former employee James Gibson. Overnite was ordered to pay a total of $283,000 in compensatory and punitive damages. Over-nite argues: (1) The defamation action is preempted by the National Labor Relations Act; (2) Gibson did not prove the requisite malice to show Overnite abused its conditional privilege as an employer to make statements about a former employee; (3) the punitive damages are excessive; and (4) the trial court…
2Cases cited17 opinions
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
- BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
- State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
- Management Computer Services, Inc. v. Hawkins, Ash, Baptie & Co.Wisconsin Supreme Court · 1996
- Torgerson v. Journal/Sentinel, Inc.Wisconsin Supreme Court · 1997
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3Cited by7 opinions
- State v. KaczmarskiCourt of Appeals of Wisconsin · 2009
- State v. LintonCourt of Appeals of Wisconsin · 2010
- 22 Shawano, LLC v. Dr. R. C. Samanta Roy Institute of Science & Technology, Inc.Court of Appeals of Wisconsin · 2005
- Wolf v. Estate of WolfCourt of Appeals of Wisconsin · 2009
- Bertram v. Kreitlow (In re Estate of Kreitlow)Court of Appeals of Wisconsin · 2019
2 more not listed; retrieve them via the Exa API.