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.
Courthouse News On Trial

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• 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



Featured in Alltop

 
Woman Sues Husband for Negligent Balloon-Piloting

A New Jersey woman who survived a 50-foot drop from a hot-air balloon isn't just suing the manufacturer of the Cameron Balloon. She's also pointing the finger of blame at the pilot –- her own husband.

Interspousal lawsuits are rare enough outside divorce proceedings. Kathleen Long's claim alleging her husband was “negligent in the maintenance, care, operation or use” of the balloon may be the first interspousal tort involving a hot-air balloon accident.

Long suffered severe back injuries in October 2005 after getting entangled in the vent ropes of a rising balloon that she was helping her husband launch. John Long operates a Hunterdon County, N.J., balloon ride business called Flight Fantastic.

Most of the claims in a complaint filed last month are against Michigan-based Cameron Balloons. By also suing her husband, Kathleen Long may be able to recover damages from the insurer of his business, her attorney explains.

Since she was not an employee of Flight Fantastic, says Salvatore DiFazio of Flemington, N.J., “She fits the definition of a third party ... The fact that they have a marital relationship is of no consequence.”

John Long has described his wife's survival of the accident as a “miracle.” As the balloon with two passengers aboard took off, the vent ropes caught her by the ankle and hoisted her into the air.

Strong winds prevented John Long from returning to the take-off site, so he aimed for trees in the hope that his wife, who was dangling upside down, could grab onto something and untangle herself. After hitting one of the trees, she fell through the roof of a barn, landing on rotting floorboards.

The complaint alleges that Cameron's design of the balloon was defective because it “failed to include a safeguard or other mechanism to prevent someone from becoming entangled in the dangling parachute and vent lines.” Cameron claims to be the best-selling brand of hot-air balloon in the world.

According to DiFazio, the negligence claim against John Long is analogous to traffic accident cases in which one spouse alleges negligent driving by the insured spouse. “In the context of this litigation, [he] is not being sued for his qualities as a husband but for his responsibility as a pilot,” DiFazio says.

In June, a Minnesota couple whose 3-year-old son suffered brain injuries in a car accident won a $100,000 settlement from their auto insurer by having the child sue them for negligent installation of his car seat. Harrison v. Harrison, 733 N.W.2d 451.

By Matthew Heller
11/14/07



 

Obese Jail Inmate Drops Suit over Weight Loss

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.
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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

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On Trial
Brinkley v. Cook
Court: Suffolk County (N.Y.) Supreme
Subject: Celebrity divorce

Bryant v. Mattel
Court: USDC, C. Calif.
Subject: "Bratz" doll copyright infringement

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Rob Lowe v. Jessica Gibson
Date: 7/10/08
Court: Santa Barbara (Calif.) Superior
Hearing: Anti-SLAPP motion to strike "nannygate" case.

Claassen v. E-Harmony.com
Date: 7/21/08
Court: Alameda County (Calif.) Superior
Hearing: Jury trial in dating service discrimination case.

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