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."
• 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
No Duty to Protect MySpace Minor from Predator
A Texas girl who was allegedly raped by a man she met on MySpace cannot blame the social networking Web site for failing to protect her from sexual predators, a federal judge has ruled in dismissing a first-of-its-kind Internet seduction case.
The rape victim, identified only as Julie Doe, lied about her age in her MySpace registration, saying she was 18 when she was actually only 13. Another MySpace user, Pete Solis, has been charged with assaulting her in an Austin parking lot about a month after first contacting her online.
MySpace, the most popular Web site in the U.S., has a minimum user age of 14. But in a $30 million suit filed in June 2006, Julie Doe and her mother alleged it was liable for a “negligent failure to take reasonable measures to keep young children off its site,” including verification of users' age.
U.S. District Judge Sam Sparks would have none of it, finding the plaintiffs' claims were “particularly unwarranted” given Julie Doe's misrepresentation of her age and that MySpace is immune from liability under both the Communications Decency Act (CDA) and the requirements of the negligence tort.
“Plaintiffs have failed to state a claim for negligence or gross negligence because MySpace had no duty to protect Julie Doe from Pete Solis's criminal acts nor to institute reasonable safety measures on its website,” he said in granting the defense's motion to dismiss. “If anyone had a duty to protect Julie Doe, it was her parents, not MySpace.”
The decision reaffirmed the broad scope of the CDA, which shields Internet service providers from liability for content posted by third parties. Julie Doe tried to pierce that immunity by arguing that her case was based on MySpace's inadequate anti-predator measures, not the content of the communications between her and Solis.
“[T]he CDA ... has absolutely nothing to do with preventing sexual predators from being able to freely communicate with young teens on MySpace's website,” the plaintiffs' attorneys said in one brief.
But Sparks rejected that argument as “disingenuous,” concluding that
It is quite obvious the underlying basis of Plaintiffs' claims is that, through postings on MySpace, Pete Solis and Julie Doe met and exchanged personal information which eventually led to an in-person meeting and the sexual assault of Julie Doe.
The case is part of a legal offensive launched by Austin attorney Adam J. Loewy. He also represents four minors who have sued MySpace in Los Angeles claiming they were assaulted by adults whom they had met on the site.
Loewy plans to appeal Sparks' decision, saying, “We were prepared for a very long battle in this.” But it's unlikely any court will allow him to hold MySpace liable for behavior of users over which it has absolutely no control.
UPDATE ... The plaintiffs filed a notice of appeal March 14 at the 5th U.S. Circuit Court of Appeals.
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
A Texas girl who was allegedly raped by a man she met on MySpace cannot blame the social networking Web site for failing to protect her from sexual predators, a federal judge has ruled in dismissing a first-of-its-kind Internet seduction case.
