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."
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• 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

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Ex-Judge Seeks "Sopranos" Cut for Lessons in Crime

After more than five years of litigation, a former judge's breach-of-contract case against the creator of “The Sopranos” boils down to three days the two men spent together exploring “the world of organized crime.”

The only claim of Judge Robert V. Baer that went to trial this week in Newark, N.J., federal court involves “quasi-contractual recovery for services rendered when a party confers a benefit with a reasonable expectation of payment” -- what is known as a “quantum meruit” claim.

Baer is seeking payment for the “intensive three-day crash course on crime, criminal syndicates, and, specifically, mafia operations in New Jersey” that he gave David Chase back in October 1995 when Chase was working on the “Sopranos” pilot. His expert witness has valued those services at more than $95,000.

The last words Chase allegedly spoke to Baer before he left Jersey were: "I don't know how I could ever repay you."

Chase says he offered to pay Baer, but the former Hudson County municipal judge declined, saying the experience of working with Chase would help “jump-start” his own career as a screenwriter. Defense experts are expected to testify that consultants are usually not paid for help with pilots and writers rely on colleagues and other sources for free help.

The case, which Baer filed in May 2002, has gone through a convoluted history, with U.S. District Judge Joel A. Pisano twice throwing it out only to be reversed on the quantum meruit claim by the 3rd U.S. Circuit Court of Appeals.

“Proving to be every bit as resilient as Tony Soprano, the fictional mob boss and central figure of The Sopranos, this action returns to the Court for a third time,” Pisano said after the second appellate reversal.

Baer originally alleged among his 10 claims that Chase stole creative ideas from him for “The Sopranos.” In 2004, the 3rd Circuit held that he had no claim for misappropriation because the ideas he allegedly submitted to Chase were not sufficiently novel to warrant protection. Baer v. Chase, 392 F.3d 609.

Pisano earlier this year rejected Baer's argument that he should still be allowed to recover in quasi-contract for his ideas because his sharing of those ideas, though not novel, conferred a benefit upon Chase and the ideas were at least novel to Chase.

“It is clear from Baer’s Complaint, the evidence in the record and the previous decisions in this case that, although he did perform some services for Chase, Baer did not assist in the creation or development of The Sopranos,” Pisano concluded in an April 27 opinion.

During those three days in Jersey, Baer helped arrange for Chase to meet with Tony Spirito, a waiter who had known mobsters growing up in Peterstown, N.J. He and a police detective also escorted the writer to the locations of various waste management companies and to a meat market that allegedly inspired the Satriale's Pork Store owned by Tony Soprano.

"David Chase didn't know Jack about organized crime. He didn't even know what the 'vig' was," Spirito told the Newark Star-Ledger.

But whatever Chase learned from his “crash course,” it's hard to believe the jury will assign a value to Baer's services that will make such a protracted litigation worthwhile. In court documents, Chase has called Baer "self-delusional."

For Star-Ledger coverage of the trial, click here.


 

'Known Risk' Makes U.S. Liable for Bear Attack?

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.
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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.
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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.”
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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.”
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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.
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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.
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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.
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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.
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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.
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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.
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Nelson v. American Apparel
Subject: "Sham" Arbitration
Document: Opinion

Ernie Chambers v. God
Subject: Frivolous Lawsuits
Document: Order to Formalize Dismissal

Privette v. Booby Trap
Subject: Stripclub Injury
Document: Complaint

Peacock v. City Press
Subject: Stripper Defamation
Document: Complaint

Kerrigan v. Comm'r of Public Health
Subject: Same-Sex Marriage
Document: Opinion

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On Trial
Gruver v. Hensley
Court: Meade County (Ky.) Circuit
Subject: Ku Klux Klan assault
Verdict: $2.5 million

Bowoto v. Chevron
Court: USDC, N. Calif.
Subject: Human rights

more

Francis v. U.S.
Date: 11/19/08
Court: USDC, Utah
Hearing: Motion to dismiss fatal bear attack case.

Jose Padilla v. John Yoo
Date: 12/5/08
Court: USDC, N. Calif.
Hearing: Motion to dismiss terror suspect torture case.

more