In re Marriage Cases
California Supreme Court overturns the state's ban on same-sex marriage, finding that officially designating same-sex unions as "domestic partnerships" is unconstitutional.
N.J. Peace Action v. Bush
Peace activists sue George Bush, alleging that the war in Iraq violates the constitutional separation of powers because there has been no declaration of war by Congress.
Laura Boyce v. Rob Lowe
Another nanny countersues Rob Lowe and his wife, alleging Sheryl Lowe sexually harassed her by walking around naked and asking lewd questions about her sex life.
• Maker of Spanx underwear slaps the British firm Sexy Panties and Naughty Knickers with a lawsuit for selling lingerie bearing the acronym SPANK. "Defendants' use of the SPANK mark constitutes trademark infringement." Spanx, Inc. v. Sexy Panties and Naughty Knickers
• Plaintiff's lawyers say a jury's award of $305 million to Adidas may be a record in a trademark infringement case. The Portland, Ore., jury found Payless ShoeSource infringed on Adidas' trademark three-stripe logo and Superstar trade dress. Adidas America v Payless ShoeSource
• Children of a New York woman who died at Phoenix Sky Harbor International Airport after being arrested for disorderly conduct sue Phoenix police for wrongful death. Officers "subjected Carol [Gotbaum] to grossly excessive force" and were "deliberately, recklessly, and callously indifferent to [her] medical needs." Gotbaum v. City of Phoenix
• The publisher of Wikipedia attacks a "Wikilibel" suit filed by a literary agent who was described in a posting as "The Dumbest of the Twenty Worst" literary agents. The post "falls squarely within the protection" of Section 230 of the Communications Decency Act, it says in a motion to dismiss.
• Environmental groups challenge the Bush administration's decision to eliminate endangered species protections for the northern Rockies gray wolf "despite overwhelming evidence that the population is not biologically recovered and cannot withstand the excessive human-caused excessive mortality promoted under state management." Defenders of Wildlife v. Hall
• British Airways files a motion to dismiss a class action suit alleging it has recklessly lost passengers' luggage. "[C]ourts ... have repeatedly rejected plaintiffs’ contention that inadequate procedures for handling baggage constitute[ ] recklessness." Hutchinson v. British Airways
• San Francisco judge gives the Bush administration until May 15 to decide whether the polar bear should be listed as a threatened species because of global warming. "To allow Defendants more time would violate the ... congressional intent that time is of the essence in listing threatened species." Center for Biological Diversity v. Kempthorne
• New York appeals court upholds the New York City school board's ban on possession of cell phones by students. "[I]t cannot be denied that the use of cell phones for cheating, sexual harassment, prank calls and intimidation threatens order in the schools." Price v. New York City Bd. of Educ.
Law Firm Uses Bill O'Reilly Defense Against Rape Claim
A New York law firm has taken a leaf out of the legal playbook of celebrities by filing a preemptive suit against a secretary who allegedly demanded $9 million in return for not going public with a rape allegation.
Windy Richards has claimed she suffered “relentless” sexual harassment by Joseph V. Figliolo, a partner at Bivona & Cohen, culminating in the rape in November 2007. Her lawyer notified the firm in March that she was prepared to file suit.
But Bivona & Cohen beat her to the courthouse, filing a complaint last month which is much like that of talk-show host Bill O'Reilly, who alleged in 2004 that a Fox producer had threatened to sue him for sexual harassment as part of a $60 million extortion scheme.
Richards allegedly demanded a more modest $9 million as the price for her silence. “There was no rape or harassment," the suit says, and
Defendant's claims are false and are intended to publicly sully the reputations of an established successful law firm and a partner in the Firm if her unlawful demand is not met.
Figliolo is no celebrity and, judging from the complaint, no paragon of virtue either. But Bivona & Cohen's lawyer, Ronald M. Green, knows the territory well, having previously represented O'Reilly in his suit against Andrea Mackris.
"So-called 'preemptive' litigation is not the appropriate response to all threatened employment lawsuits and there are risks, but ... under the right
circumstances, going on the offensive can be a highly effective way to protect a company’s legitimate business interests," Green wrote in a Bloomberg Law Reports article.
According to its suit, Bivona & Cohen hired Richards as a probationary employee in August 2007. She knew Figliolo had a drinking problem, it alleges, and entered his office in the early afternoon of Nov. 16 “to proposition him as part of a scheme to exploit his vulnerability.”
As Figliolo sat at his desk, Richards allegedly performed a lap dance, causing him to ejaculate. She did not claim she was raped, the suit says, until a Feb. 12 meeting called by an office manager to discuss her frequent absences from work.
The March 26 letter from Richards' attorney was followed, the suit says, by the demand for $9 million to settle the matter and avoid publicity. Bivona & Cohen is now seeking “affirmative action and relief, including a declaration that her threatened claims under the 'state and local anti-discrimination and human rights laws' have no factual and legal merit.”
Green has said that a preemptive strike can, among other things, “minimiz[e] the potentially serious damage to a party’s reputation that can result from an attempted shakedown.” O'Reilly's case settled for an undisclosed amount before the parties even got into discovery.
But one employment plaintiffs' lawyer has called the tactic “thuggish,” warning that preemptive suits “subject the employer to more liability for retaliation.”
Richards, apparently, is ready for a fight. “This is a lawsuit brought by a firm that according to its Web site prides itself on the tactic of filing what it describes as 'preemptive' lawsuits,” her lawyer said. “We look forward to this matter being resolved in a court of law.”
You just can't get good help anymore -- or so actor Rob Lowe alleges in suing three former members of his household staff for "seek[ing] to capitalize on their positions for their own financial benefit and to the emotional and financial detriment of their employer[ ]."
Nannies Laura Boyce and Jessica Gibson and chef Paul Clements worked for Lowe and his wife at their Montecito, Calif., home. According to three lawsuits filed April 7 in Santa Barbara and Los Angeles counties (see link below), they have all breached confidentiality agreements by disclosing details of their employment and the Lowes' personal lives. Clements and Gibson allegedly even used their employer's home for sexual trysts and Gibson has allegedly threatened "to initiate litigation against the Lowes if they do not pay her $1.5 million."
Gibson quickly responded with a countersuit, alleging Rob Lowe sexually assaulted her and both he and his wife sexually harassed her.
Accepting his Golden Globe award last year, "Borat" star Sacha Baron Cohen joked, "Thank you to every American who has not sued me so far." With the addition of a Maryland driving instructor, 14 Americans -- and two Romanians -- now have (see link below).
The latest plaintiff, Michael Psenicska, says "Borat" producers duped him into giving the title character a driving lesson by telling him they were making a "legitimate documentary." He signed a release to appear in the film and was paid $500 for his appearance, but in a complaint filed in Manhattan, he is suing for rescission of the release and payment of "substantial compensation from defendants for the use of his likeness in the Borat film."
As the U.S. resumes lethally injecting Death Row inmates after a brief hiatus, “The Execution of Willie Francis” is a timely reminder of the absurdity of the capital punishment system. more
"Mainstream" Author Settles Segregation Case
An African-American author who claimed that Penguin Group "segregated" her debut romance novel in bookstores appears to have settled her unusual discrimination suit against the publisher. more
No Sex, Please, on Menu at Philly Restaurant
Food and sex do not mix –- at least according to a Pennsylvania appeals court which ruled that “semi-public sexual activity” between patrons is not a "customary and incidental" form of entertainment at a restaurant. more
Taser Stuns Coroners with Death Reports Win
An Ohio judge has given medical examiners around the country a shock by ordering a coroner to remove any reference to Tasers in her autopsy reports on three men who died after police officers shot them with the stun guns. more
Santeria Priest Appeals Loss in Sacrifice Case
A Texas city has won the first round in what may be an extended legal battle over whether its ban on animal slaughter violates the First Amendment rights of a Santeria priest who practices the ritual sacrifice of goats. more
Killer's Kin Not Liable for Duping 'Unwitting Hosts'
The parents of a fugitive murderer are not liable for his deception of an Oregon man who unwittingly played host to him while he was on the run, the Minnesota Court of Appeals has ruled. more
Court Steps in Again to Help Dirty Dancer's Case
The 4th U.S. Circuit Court of Appeals just won't let Rebecca Willis dance off into the sunset, again reviving the dirty dancer's suit against a North Carolina town that banned her from a nightspot seven years ago. more
Obese Inmate's Suit over Weight Loss Has No Meat
An obese Arkansas jail inmate awaiting trial for capital murder is alleging an unusual injury in a prisoner rights suit –- jail meals are so low in calories that he has lost more than 100 pounds in eight months. more
Ashley Dupre v. Joe Francis Subject: Hooker's Rights Document: Complaint
Jane Doe v. Splash News Subject: Invasion of Privacy Document: Complaint
Reed v. Tony Yayo Subject: "Gangsta" Rap Document: Complaint
Cusick v. Southwest Airlines Subject: Plane Inspections Document: Complaint
John Lott v. Steven Levitt Subject: Defamation Document: Brief on Appeal
