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
Bel-Air Burglary Case Tests Duty of Alarm Companies
Friedkin & Lansing
A burglary at the home of a Hollywood power couple has resulted in a lawsuit that could help decide whether a burglar alarm company has a fiduciary duty not to abuse the trust of its customers.
William Friedkin, the director of such movies as “The Exorcist” and “The French Connection,” and former Paramount Pictures chief Sherry Lansing were victims of a December 2006 burglary that is believed to be one of a string of robberies in the ultra-exclusive Bel-Air neighborhood of Los Angeles tied to the same sophisticated team of criminals.
The couple had recently purchased a premium alarm system from ADT Security Services after a salesman allegedly promised them that it “makes your home 3 times less likely to be burglarized” and that, in the event of an alarm signal, a patrol officer would respond “within minutes.”
But in an unusual suit filed in August, Friedkin and Lansing allege the company's service is so deficient that burglars have “intentionally targeted ADT homes in the Bel-Air area” and the ADT sign outside their home “literally caused [them] to become unwitting targets for home invasion.”
Other burglary victims have sued security companies for fraudulent misrepresentation and negligence. Friedkin and Lansing have taken a step further by also accusing ADT of breaching a fiduciary duty that arose because
Plaintiffs entrusted in defendants their residence, personal security and their most treasured and personal possessions. Indeed, plaintiffs put their lives in defendants' hands.
A fiduciary duty traditionally exists, for example, between a trustee and a beneficiary or partners in a business. According to a demurrer filed by ADT, however, “the relationship between an alarm company or a security company and its customers has never been defined in California's decisional authority as being fiduciary in nature.”
Friedkin and Lansing's trust in ADT is “not the test for the existence of a fiduciary duty,” the company argues. Rather, there must be an “unequal relationship” between the parties, with “overmastering influence” on one side or “vulnerability” on the other.
“Plaintiffs have not alleged, and are unable to allege, facts establishing that their home security contract with ADT gives rise to a fiduciary duty,” the demurrer, which is set for a hearing Nov. 5, concludes.
ADT did not demur to the fraud and negligence claims, but California case law suggests those claims could face major evidentiary problems.
In Helm v. K.O.G. Alarm Co., 4 Cal.App.4th 194 (1992), an appeals court found mobilehome residents had failed “to establish a causal nexus between their theft/arson losses and the failure of the burglar alarm system to operate as represented.” Firemans Fund Insurance v. Morse Signal Devices, 151 Cal.App.3d 681 (1984), held that a failure to alert police after receiving an alarm signal did not amount to gross negligence.
Friedkin and Lansing allege an ADT patrol officer took more than an hour and 45 minutes to respond to the alarm at their home and then, after finding no signs of a break-in, did not inform them or the police of the alarm activation.
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
