Strauss v. Horton
Gay couples sue to block enforcement of California's Proposition 8 ban on same-sex marriage, saying it "strike[s] directly" at constitutional rights of equal protection. 		Authors Guild v. Google
Google agrees to pay authors and publishers $125 million as part of a "historic" settlement of class action suits involving online access to books through Google Book Search. 		Steele v. TBS
Boston-area musician sues Jon Bon Jovi and others for $400 billion, alleging the rocker's song "I Love This Town" is a ripoff of a "love song" he wrote for "his beloved Red Sox."
Courthouse News On Trial

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• Cookbook author Missy Chase Lapine, allegedly slandered by Jerry Seinfeld, says she has "never felt so frightened and vulnerable as the day my daughter, 7 years old, came home from school and asked, "Mom, what is an assassin?" Seinfeld had joked on the "David Letterman Show" that "if you read history, many of the three-name people do become assassins.” Lapine v. Seinfeld

• North Carolina Court of Appeals refuses to issue an injunction requiring pop singer Clay Aiken to endorse a book about him. "Our courts cannot be used to force celebrities or their family or friends into making endorsements for another person's profit."
Holleman v. Aiken

• Iowa Court of Appeals affirms the liability of a school district for failing to take adequate steps to prevent the physically aggressive behavior of a high-school basketball player. Andrew McSorley struck an opposing player in the head with his elbow during a game in 2004.
Brokaw v. Winfield-Mt. Union Community Sch. Dist.

• Illinois middle school student wants the termination of a teacher who allegedly told other students to slap her for being inattentive "and, in fact, the other students slapped the minor plaintiff in the head."
Torres v. Valley View Community Sch. Dist. 365U

• Florida Supreme Court declines to recognize the tort of false light invasion of privacy. "[T]he benefit of recognizing the tort, which only offers a distinct remedy in relatively few unique situations, is outweighed by the danger of unreasonably impeding constitutionally protected speech ..." Jews for Jesus v. Rapp

• Actor David Duchovny denies having any Californication with a tennis instructor and sues a British newspaper for saying he did. "Daily Mail has caused substantial harm to Duchovny, in complete disregard of the truth and of even a semblance of journalistic integrity."
Duchovny v. Daily Mail

• Kentucky settles a political blogger's free-speech suit, agreeing to only block access to blogs on state-owned computers "if pursuant to a reasonable, viewpoint-neutral standard that applies equally to all websites, whether or not those websites can be described as 'blogs.'" Nickolas v. Fletcher

• News service researching a 1964 auto accident involving John McCain files a Freedom of Information Act suit seeking U.S. Navy hospital records. "The personal history and military career of a Presidential candidate are matters of high importance to the American public."
National Security News Service v. U.S. Dept. of the Navy

• Civil liberties group challenges the new federal law shielding phone companies from liability for cooperating in warrantless wiretapping. "At stake are the privacy rights of every American ..."
In re NSA Telecom Records Litigation

• Louisiana appeals court rules that a marriage between first cousins in Iran "is valid in Louisiana and is not a violation of a strong public policy."
Ghassemi v. Ghassemi

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Baseball's Bid for Fantasy Rights Strikes Out

Major League Baseball deservedly got grand-slammed in a high-stakes intellectual property case as a Missouri judge found that the operator of a fantasy baseball league is entitled to use baseball players' names and performance statistics without a license.

U.S. Magistrate Judge Mary Ann L. Medler set a precedent that not only enables CBC Distribution and Marketing of St. Louis to keep operating its online leagues, but also should help shield the entire fantasy sports industry from publicity rights lawsuits.

"CBC’s mere use of Major League baseball players’ names in conjunction with their playing records does not establish a violation of the players’ right of publicity," Medler said in granting summary judgment to CBC on its claims for declaratory relief.

CBC filed suit in February 2005 claiming that Advanced Media, the Internet arm of Major League Baseball, was seeking monopoly control of baseball statistics associated with players' names. Advanced Media and the players' union countersued for violations of publicity rights.

More than 15 million people spend an estimated $1.5 billion a year to play fantasy sports, and Medler's opinion shows that baseball's challenge to CBC was little more than an opportunistic lunge at that lucrative market.

Addressing the threshold issue of the case, the judge found none of the elements of the publicity rights tort apply to CBC's leagues. Baseball players, she said in her opinion, "do not earn a living by the publication of their playing record" and "Players' records are readily available in the public domain."

Medler went on to stress that if the publicity rights of baseball players trumped the First Amendment, CBC’s "right of freedom of expression would be totally extinguished." While the defendants claimed they only objected to the use of players' names,

it would be meaningless and useless to its game participants for CBC to report that there were five home runs or ten singles in a baseball game without identifying the players who hit the home runs or singles.

CBC lost only on its claim that its use of names and statistics is copyrightable and, therefore, copyright law preempts publicity rights claims.

UPDATE ... Advanced Media and the Major League Baseball Players Assn. will appeal the decision. “We continue to believe that the use of the players, without their consent, to create this type of commercial venture is improper,” they said in a joint statement.


By Matthew Heller
8/9/06

 

'Known Risk' Makes U.S. Liable for Bear Attack?

The failure of wildlife officials in Utah to warn campers of the “known risk” of a specific bear makes them liable for the fatal mauling of an 11-year-old boy, the parents of Samuel Ives argue in court papers.
more

Is There Room on Web
for Two "Funky" Chicks?

In a colorful legal battle between “personal” bloggers, “Funky Brown Chick” will have to show more than surface similarities between her eponymous website and “funkyblackchick.com” to prevail on her trademark infringement claims.
more

Manager Blames Movie for Use of Racial Slur

A former Wyeth Pharmaceuticals manager says she wasn't expressing racial bias when she described herself as the “head nigger in charge” in front of an African-American employee -– she just had the phrase “fresh in my mind” after seeing the movie “Lean on Me.”
more

Dirty Dancer Settles with Town -- to Tune of $275K

After a six-year legal battle over dirty dancing, a North Carolina town has agreed to pay $275,000 to a woman whom it had banned from its community center because of her “sexual gyrations.”
more

Careless Cart Loading Alleged in Death Case

Florida premises liability law appears to be generous enough toward plaintiffs that Home Depot could be held liable for the death of a customer who was allegedly struck by an overloaded shopping cart being pushed by another customer.
more

Parents, Hospital Clash over Meaning of Death

A legal showdown over the meaning of death pits an ultra-Orthodox Jewish couple who believe there is life while the heart still beats against the Washington, D.C., hospital which wants to remove their brain-dead son from life support.
more

Plaintiff in God Lawsuit Appeals to Higher Power

Despite having no earthly hope of prevailing, Nebraska State Sen. Ernie Chambers has appealed to a higher legal power in his lawsuit against God, which was dismissed because he has not served the defendant.
more

Staring at Breasts Not Harassment, Says Jury

The former administrator of Grafton, Mass., did not sexually harass his secretary by staring at her breasts, a jury has ruled, apparently agreeing with the defense that his eye movements were “normal mannerisms” caused by a medical condition.
more

Penis Pump Judge's Staff Settle Claims for $340K

The misconduct of former Creek County District Judge Donald Thompson, who masturbated with a penis pump while presiding over trials, has ended up costing Oklahoma taxpayers $340,000 in settlements of lawsuits filed by two of his employees.
more

No Coddling for Colleges That Coddle Athletes?

Civil rights plaintiffs have won another victory in a case involving the coddling of college athletes as a judge ruled that a rape victim can sue former Arizona State University football coach Dirk Koetter for putting her in danger she would otherwise not have faced.
more

Priest's Affair Said to Breach Duty as Confessor

As pickup lines go, “Your presence struck me like a thunderbolt” is passably original. But it was allegedly uttered by a priest who, according to a $125 million lawsuit, exploited the power of the confessional to seduce a female parishioner.
more

Nelson v. American Apparel
Subject: "Sham" Arbitration
Document: Opinion

Ernie Chambers v. God
Subject: Frivolous Lawsuits
Document: Order to Formalize Dismissal

Privette v. Booby Trap
Subject: Stripclub Injury
Document: Complaint

Peacock v. City Press
Subject: Stripper Defamation
Document: Complaint

Kerrigan v. Comm'r of Public Health
Subject: Same-Sex Marriage
Document: Opinion

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On Trial
Gruver v. Hensley
Court: Meade County (Ky.) Circuit
Subject: Ku Klux Klan assault
Verdict: $2.5 million

Bowoto v. Chevron
Court: USDC, N. Calif.
Subject: Human rights

more

Francis v. U.S.
Date: 11/19/08
Court: USDC, Utah
Hearing: Motion to dismiss fatal bear attack case.

Jose Padilla v. John Yoo
Date: 12/5/08
Court: USDC, N. Calif.
Hearing: Motion to dismiss terror suspect torture case.

more