On Point - A New Take On Legal News

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

Featured in Alltop

Court Says Contract Written in Blood Not Binding

For want of “credible evidence” of consideration, a California judge has ruled that an investor cannot enforce a contract to recover about $170,000 from a Korean businessman -– even if it was written in blood.

“Blood is the worst of all testimonies to the truth,” Orange County Superior Court Judge Corey S. Cramin said, quoting Nietzsche as he denied Jinsoo Kim's unusual breach-of-contract claim after a bench trial.

Kim argued that the agreement he made with Stephen Son during an alcohol-fueled meeting in a bar carried extra weight because Son penned it in his own blood. Son promised to pay back the money Kim had provided to two companies he controlled.

But Cramin found there was insufficient evidence of consideration –- a central concept in the common law of contracts -– that would make the blood-contract binding. Son had not personally guaranteed Kim's investment of $100,000 and two loans totalling another $70,000.

“Consideration must support every contract,” he said in a ruling from the bench, and “[T]he court will refuse to enforce a gratuitous promise even when it's reduced to blood.”

According to Kim, he has received no return on his investment in Son's companies. When the two Korean nationals met in October 2004 to discuss the debt, Son borrowed a safety-pin from a waiter and wrote in his blood,

Sir, forgive me. Because of my deeds, you have suffered financially. I will repay you to the best of my ability.

Cramin did not address Kim's theory that the consideration in the contract was his forbearance from suing Son over the debt. But the contract says nothing about Kim keeping the matter out of court and California case law holds that “the mere forbearance to sue without agreement to forbear ... does not constitute a consideration.” Wine Packing Corp. v. Voss, 37 Cal.App.2d 528 (1940).

Kim attorney Richard J. Radcliffe of Newport Beach may appeal. "We think the blood speaks for itself," he said.

The judge's Nietzsche quote comes from a passage in “The Antichrist” in which the philosopher, speaking through his Zarathustra alter ego, debunks martyrdom.

UPDATE

Kim filed a notice of appeal Jan. 24, 2008.

By Matthew Heller
8/15/07

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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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

Mattel v. MGA Entertainment
Subject: Bratz Dolls
Document: Order Granting Injunction

Metzler v. Kurtz
Court: Sussex County (N.J.) Superior
Subject: Groping dentist

Donna West v. Tyler Perry
Court: USDC, E. Texas
Subject: Copyright infringement
Verdict: Defense

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A.B. v. St. Louis Cardinals
Date: 1/5/09
Court: St. Louis Circuit
Hearing: Jury trial in electronic message board defamation case.

Estate of Butler v. Maharishi University
Date: 1/12/09
Court: USDC, S. Iowa
Hearing: Jury trial in wrongful-death case.