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
$200 Million Strip-Search Hoax Lawsuit Goes to Trial
McDonald's Corp. could be heading for trouble if the burger giant allows a Kentucky jury to decide whether it is responsible for the sexual humiliation inflicted on a former employee as a result of a strip-search hoax.
An assistant manager at a McDonald's in Mt. Washington, Ky., detained Louise Ogborn, then 18, in her office for 3-1/2 hours in April 2004 after a caller masquerading as a police officer said an employee had stolen a purse from a customer. Following the caller's instructions, the manager's fiancé had Ogborn do calisthenics in the nude and perform oral sex on him.
Similar cases have settled before trial (see table below), but McDonald's has so far played hardball with Ogborn, who is seeking more than $200 million in damages from the company for negligence, assault and sexual harassment. Jury selection began Sept. 10 in Bullitt County Circuit Court.
UPDATE
The jury Oct. 5 awarded Ogborn $6.1 million and another $1.1 million to assistant manager Donna Summers. "Louise has stood up for what happened to her and what McDonald's failed to do for three-and-a-half years, and this jury just vindicated her completely," her attorney said.
In a press release, McDonald's claimed Ogborn's injuries, “if any,” were caused by her own failure to realize the caller was not a police officer. During her deposition, a defense attorney suggested she was free to walk out of Donna Summers' office at any time -– even though she was naked and Summers' fiancé beat her for not complying with his demands.
But the entire incident was captured on DVD by a surveillance camera, giving the plaintiff incontrovertible evidence of the psychological terror she suffered. “I was scared for my life,” she testified in her deposition.
Before Ogborn's ordeal, moreover, 44 other McDonald's restaurants around the country had received strip-search hoax calls, allegedly from the same person. Yet according to their depositions, neither Summers nor Kim Dockery, another assistant manager, had heard anything about them.
Last week, Senior Judge Tom McDonald (no relation) ordered the company to disclose all information about those hoaxes and sanctioned the company for failing to disclose four other incidents. As part of the sanctions, McDonald's must give Ogborn material that normally would be protected by the attorney-client privilege.
“It is inconceivable to the court how somebody could not know of cases in which they were sued,” the judge said.
Ogborn's therapist has said she has suffered from panic attacks, severe insomnia and nightmares. With the discovery sanctions, an extremely sympathetic plaintiff, and the DVD recording, McDonald's could be risking a severe judgment by going to trial rather than settling the case.
The jury will also hear Summers' $50 million counterclaim against McDonald's.
Case
Disposition
Carouthers v. McDonald's Corp. (Muskingum County Ct. of Common Pleas, Ohio)
Case settled in March 2001.
Doe v. TJ Goodman Inc. (USDC,
Utah)
Case against McDonald's
and franchisee settled in Aug. 2003.
Catalano v. GWD Management (USDC, S. Ga.)
Case against franchisee settled in Jan. 2007 after dismissal of claims against McDonald's.
Thomas v. Blockbuster Video (Burleigh County Dist. Ct., N.D.)
Jury awarded plaintiff $250,000 in damages against manager of video store in Jan. 2007.
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.
more
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.
more
"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.
more
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.
more
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
