Iseman v. New York Times
Washington, D.C., lobbyist sues the New York Times for falsely reporting that she had an illicit "romantic" and unethical relationship with Sen. John McCain.
Newdow v. Roberts
Atheists sue for a court order enjoining U.S. Supreme Court chief justice from including "so help me God" in the presidential oath he administers to Barack Obama.
Tyler v. California
California Atty. Gen. Jerry Brown says the Prop 8 ban on gay marriage is unconstitutional because it abrogates fundamental rights without a compelling interest.
• 8th Circuit finds that Arkansas counties cannot sue cold medicine manufacturers over the misuse of pseudoephedrine in their products by methamphetamine cooks. "[W]e are very reluctant to open Pandora's box to the avalanche of actions that would follow if we found this case to state a cause of action under Arkansas law." Ashley County v. Pfizer
• Alabama appeals court declines to "recogniz[e] as a rule of law that
alimony is terminated once a recipient former spouse enters
into a homosexual relationship." J.L.M. v. S.A.K.
• New York judge finds no copyright infringement in a scene from the movie "What Women Want" which used a "Silver Slugger" pinball machine as a background prop. The machine "appears so fleetingly that I conclude there is no plausible claim for copyright infringement here." Gottlieb Development v. Paramount Pictures
• D.C. Circuit says a prison inmate cannot stop having his DNA extracted from tissue and fluid samples for a national database because of his religious beliefs. Russell Kaemmerling "alleges no religious observance that the DNA Act impedes, or acts in violation of his religious beliefs that it pressures him to perform." Kaemmerling v. Lappin
• Former Delaware jail detainee blames the death of his "irreplaceable" pet parrot on jail staff who refused to provide him with a telephone so he could arrange for its safekeeping. With Thomas Goodrich unable to make bail for 11 days, the "wonderful and intelligent Blue & Gold macaw" died of starvation. Goodrich v. Danberg
• South Carolina judge strikes down a law authorizing the state to issue a special “Christian” license plate featuring a cross, a stained-glass window and the words “I Believe.” "Plaintiffs have made a strong showing that the legislation at issue is 'entirely motivated by a purpose to advance religion,' specifically Christianity." Summers v. Adams
• Florida Supreme Court publicly reprimands 1st District Court of Appeal Judge Michael Allen for questioning the ethics of a colleague in an opinion. "An appellate judge cannot use his opinion-writing power to inappropriately personally attack another appellate judge by accusing him of a crime." Inquiry Concerning Judge Allen
• D.C. Court of Appeals affirms the defense judgment in Roy Pearson's $54 million lost pants case against a dry cleaner. "[W]e agree with the trial court that Pearson’s expansive interpretation of 'Satisfaction Guaranteed' is not supported by law or reason." Pearson v. Chung
• Former U.S. Marine sues the Treasury Department to block the bailout of AIG, alleging the insurance giant "engages in Shariah-based Islamic
religious activities that are anti-Christian, anti-Jewish, and anti-American." Murray v. Paulson
Kava Death Suit Puts Liver Toxicity Theory to Test
The scientific evidence of a causal link between usage of kava kava and liver damage may not be solid enough to support the first-of-its-kind case of a Florida man who claims the herbal supplement killed his wife.
Anthony Starks has sued the manufacturer of the “Happy Camper” kava product, alleging it was defective and carried inadequate warnings of the risk of liver failure. His wife Laura, 57, died in November 2005 after using the product regularly for about 18 months.
“Had Mrs. Starks been properly warned by Defendant ... Mrs. Starks would not [have] ingested the supplement and would not have sustained acute liver failure and died,” the complaint, filed last month in Orange County Circuit Court, says.
At the time Laura Starks was buying the supplement, the label warned only against its use by persons under 18 and consumption with alcoholic beverages. The manufacturer, Natural Balance of Castle Rock, Colo., now tells consumers, in language taken from an FDA advisory:
Kava-containing products may be associated with a very rare type of liver injury.
In May 2006, kava manufacturers including Natural Balance, distributors and retailers settled class-action claims of inadequate warning labels for $717,000. And the change in the “Happy Camper” label may help Anthony Starks' case.
“They can't make the argument that it didn't need a [liver injury] warning,” says his attorney, Joseph H. Saunders (Saunders & Walker, Pinellas Park, Fla.).
But no matter how strong the failure-to-warn argument may be, the evidence of causation certainly appears weaker than in, for example, ephedra products liability cases.
The complaint cites, among other things, the FDA advisory, the United Kingdom's ban on sales of kava-containing products, and a British medical journal article reporting that a 50-year-old kava user suffered acute liver failure.
Saunders also denies that any other health problems could have caused Laura Starks' death. “She was a very healthy 57-year-old,” he insists.
In a 2002 study of reports of kava-associated adverse events, however, toxicologist Dr. Donald Waller concluded that
based on currently available information ... kava when taken in appropriate doses for reasonable periods of time has no scientifically established potential for causing liver damage.
According to another researcher, “[I]n contrast to both benzodiazapines and antidepressants, kava possesses an excellent side-effect profile.”
By Matthew Heller 1/21/07
Woman, 88, Arrested over Football Sues Neighbors
A Cincinnati neighborhood that got stirred up when an 88-year-old woman was arrested after refusing to give the boy next door his ball back may not be returning to normal anytime soon. She is now suing the boy's parents for disturbing her peaceful enjoyment of her home. more
Is $230K Deal to Cover up Sex Assault Legal?
The enforceability of a “hush money” contract is at issue in the case of a casino host who alleges a Virginia businessman has reneged on an agreement to pay her $230,000 for not telling police that he sexually assaulted her. more
Dissenter Has Beef with Cattle Burial Decision
A divided Arkansas Court of Appeals has ruled that a truck driver involved in an accident which killed 38 cattle he was transporting cannot be held liable for the improper burial of the animals by a third party. more
Adult Site Not Liable for User's Tryst with Minor
Ruling in the case of an adult dating website which was sued for failing to prevent a minor from misrepresenting her age, the 6th Circuit has dodged the issue of whether SexSearch.com is immune from liability under federal law. more
On Point's Ten Worst Decisions of 2008
Two of the country's more reactionary federal appellate judges have made it into On Point's third annual Judicial Hall of Shame. more
On Point's Ten Best Decisions of 2008
Gray wolves, transgender job applicants, the terminally ill and members of a polygamous sect are among those who benefited from the decisions included in On Point's third annual Judicial Hall of Fame. more
Judge OKs Claim That Brando Will a Forgery
The ex-wife of Marlon Brando's son Christian appears to have made some headway in her attempt to prove that the executors of Brando's $22 million estate illegally obtained their power through a forged codicil to his will. more
Jury Backs Arrest of 73-Year-Old Porn Viewer
In a case of porn interrupted, a jury has ruled that two San Francisco police officers did not use excessive force in arresting a 73-year-old man after he allegedly got angry at his estranged wife for refusing to watch an X-rated movie with him. more
Having Cellmate Means Woman Loses Alimony
In a very literal reading of a divorce agreement, a Florida appeals court has ruled that a woman can no longer receive alimony from her ex-husband because of her “cohabitation” with another person in a prison cell. more
Cable Company Sued for Exposing Family to Porn
For five months, the Bourne family of Warwick, R.I., allegedly had an unwelcome intruder in their home –- the hardcore porn programming of the Playboy Channel. Now they are suing their cable provider for trespassing on their property. more
P&G Satan Rumors Case Settles After Epic Battle
Four Amway distributors who spread a rumor linking Procter & Gamble to Satanism have dropped their appeal of a $19.25 million jury award and reached a settlement with the consumer products giant. more
Jeweler Awarded $3.8M for Pink Diamond Theft
Julius Klein Diamonds insists the pink diamond it allegedly stole from an Ohio jeweler never existed. But the mysterious gem was real enough to a federal jury, which awarded John Stafford $6.9 million for his loss. more
Sherman v. McDonald's Subject: Nude Photos Document: Complaint
Baxter v. Montana Subject: Death with Dignity Document: Opinion
Philippe v. Wal-Mart Stores Subject: "Black Friday" Stampede Document: Complaint
Smith v. Hilton Hotels Subject: Orgy Viewing Document: Complaint
The scientific evidence of a causal link between usage of kava kava and liver damage may not be solid enough to support the first-of-its-kind case of a Florida man who claims the herbal supplement killed his wife.
