Rodriguez v. Rodriguez
Wife of Alex Rodriguez petitions for divorce, saying the marriage is "irretrievably broken" because of the Madonna-linked New York Yankee's "extramarital affairs."
Ferguson v. CBS Corp.
Former employee of "The Rachel Ray Show" who has anorexia sues the producers, alleging a manager said "Anorexics are sick in the head" and "should not be able to work."
Troyer v. TMZ Productions
Pint-sized actor Verne Troyer of "Mini Me" fame files suit to block the sale of a videotape of him having "explicit sexual and intimate relations" with his girlfriend.
• Texarkana restaurant moves for summary dismissal of the case of a woman allegedly injured when she slipped on peanut shells discarded on the floor.
"Peanut shells, if any ... would be an open, obvious and unconcealed condition, and therefore, Defendant did not owe Plaintiff a duty to warn." Lange v. Texas Roadhouse
• Civil liberties group sues South Carolina for approving "an explicitly Christian-themed specialty license plate" that "not only improperly advances and endorses religion, but also discriminates against citizens of other faiths because it fails to provide a comparable expressive outlet." Summers v. Adams
• New York judge orders Google/YouTube to turn over user log-on names and IP addresses as part of discovery in Viacom's copyright infringement suit. "Defendants do not refute that the 'login ID is an anonymous pseudonym' ...
which without more 'cannot identify specific individuals.'” Viacom v. YouTube
• U.S. government files a motion to dismiss a suit against the operators of the Large Hadron Collider atom smasher in Switzerland. "Plaintiffs’ allegations ... are not accepted by the scientific community, are not based on rigorous scientific analysis, and are unfounded."
• Nebraska Supreme Court rules that a woman cannot seek a court order compelling her ex-husband to have a physical examination so she can take out an insurance policy on his life as security for his alimony obligations. "Such an order would have violated this state’s public policy of requiring
an insured’s consent to a policy on his or her life." Davis v. Davis
• Kansas woman sues the Wild Oats organic grocery chain for selling her a defective "ear candle" that she used in an alternative medicine procedure. Anne Danaher's ear candling resulted in "severe conductive hearing loss," the complaint says.
• Pennsylvania appeals court finds that a will written on the cardboard panel of a cigarette carton is not valid. The will "lacked both a positive disposition of property and the testamentary intent of the decedent." In re: Estate of Shelly
• New York judge dismisses a defamation suit filed by a former New York Post gossip columnist against billionaire investor Ron Burkle and Burkle friends Bill and Hillary Clinton. The complaint "can most accurately be described as a political diatribe drawn by Larry Klayman of Freedom Watch, Inc., an avowed enemy of the Clintons."
Stern v. Burkle
• Fox News employee sues the landlord of the network's New York headquarters for "allowing plaintiff's workspace to become infested with bed bugs," causing her to "sustain serious injuries and to have suffered pain, shock [and] mental anguish." Clark v. Beacon Capital Partners
Rape Victim Claims Chat Line Dangerous to Minors
Even if it does not enjoy the immunities of an Internet service provider, a dating service should still not be liable for the rape of a 14-year-old Georgia girl by a man she met on its phone chat line.
The mother of the girl, identified only as Julie Doe, last week filed a negligence suit against Quest Personals that alleges the phone chat system “poses a danger and hazard to underage minors” because it has no effective age verification procedures.
Quest Personals requires users to be over 18, but Julie Doe lied about her age when she joined the chat line in early 2006.
The service “has implemented no meaningful protections or security measures to prevent underage users from ... talking to complete strangers many times their age, and from subsequently being enticed to meet by sexual predators,” the complaint, which seeks injunctive relief and unspecified damages, says.
Wayne McDonald, 58, was arrested in May 2006 on charges of assaulting Julie Doe and two other girls at his Marietta, Ga., home. He pleaded guilty and is serving 20 years in prison.
A similar negligence case filed against MySpace ran into the liability shield of the Communications Decency Act (CDA). A Texas judge ruled in February that the Web site, as a provider of an “interactive computer service,” could not be sued for failing to implement safety measures to protect minors.
In Julie Doe's case, a threshold issue would be whether a phone chat line is an “interactive computer service.” Courts have interpreted the scope of the CDA broadly and Quest Personals' system uses a technology -- “interactive voice response” -- that allows the caller to interact with a computer.
But the MySpace ruling suggests Quest Personals may not need the CDA's protection to successfully defend the case.
Applying tort law principles, U.S. District Judge Sam Sparks said MySpace had “no duty to protect” a minor from a sexual predator “nor to institute reasonable safety measures on its website. If anyone had a duty to protect [the minor], it was her parents, not MySpace.”
In a separate claim for infliction of emotional distress, Julie Doe's mother says she did try to protect her after discovering her use of the chat line. She asked Quest Personals to close the girl's account, but
Quest brazenly refused to do so, stating that [she] could not prove that Julie Doe was not under eighteen years of age.
That alleged conduct, however, does not appear to be enough to support liability since it was surely the rapist, rather than Quest Personals, who “intentionally and proximately caused [the mother's] extreme emotional distress.”
An obese Arkansas jail inmate has dropped his prisoner rights suit alleging jail officials serve meals so low in calories that he has been losing weight. more
Church Not Liable for 'Laying Hands' on Teen
Ruling against a woman who sued members of a church for assault, the Texas Supreme Court has effectively insulated religious organizations from liability for intentional abuse as long as they raise their beliefs as a defense. more
Judge Keeps Court Open in Celebrity Divorce
A ruling in the divorce case of former supermodel Christie Brinkley is an encouraging sign that judges are not going to use the rapid information flow of the digital age as an excuse to close court proceedings.
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N.Y. Woman Loses Suit over Affair with Rabbi
New York’s highest court has set the bar prohibitively high for proving certain civil cases against predatory clergy by ruling that a woman cannot sue a rabbi who had an affair with her because she was not “uniquely vulnerable and incapable of self-protection." more
"Parrot Fever" Death Tests Products Law
The family of a Texas man who allegedly died of a disease contracted from a sick cockatiel has sued PetSmart for wrongful death, but the fate of similar cases around the country suggests their products liability theory will not fly.
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"Naked Cowboy" Wins Duel with Candy Cowboy
A ruling in a trademark infringement case filed by a New York street entertainer who performs as “The Naked Cowboy” is another indication that judges may be taking parodies too seriously when the parody conveys a commercial message. more
Unsafe Undies? Thongs Ain't What Used to Be
A rash of product liability lawsuits has hit Victoria's Secret, with plaintiffs alleging they were injured by defectively designed underwear. more
Eye Doctor Blamed for Fatal Fall After Dilation
The son of a Kansas woman has filed what may be the first wrongful-death lawsuit involving an eye procedure, alleging her optometrist caused the injuries she suffered in a fall by failing to provide her with protective sunglasses after a pupil dilation. more
Stripper Sues Club for Letting Her Drive Drunk
An Alabama strip club's practice of encouraging dancers to have customers buy them drinks could make it liable for the injuries of a dancer who wrecked her car after leaving the club in a “highly intoxicated” state.
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Judge Dumps Suit over 'Servile' Coffee-Making
An office worker who claimed two male managers reduced her to the stereotypical role of “subservient female” by demanding that she serve them coffee was not the subject of a hostile work environment, a Philadelphia judge has ruled.
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Grant v. NASCAR Subject: Racial Discrimination Document: Complaint
Davis v. Johnny Rotten Subject: Reality Show Assault Document: Complaint
Smith v. Thomas Subject: Harry Potter Discrimination Document: Complaint
In re Sara Steed Subject: Polygamy Church Document: Opinion
Laura Boyce v. Rob Lowe Subject: Sexual Harassment Document: Cross Complaint
Even if it does not enjoy the immunities of an Internet service provider, a dating service should still not be liable for the rape of a 14-year-old Georgia girl by a man she met on its phone chat line.
