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

On Point Search

On Point Day by Day

On Point News by Subject

On the Map

Extra Points

• 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

 
Taser Stuns Coroners with Win in Autopsy Reports Case

An Ohio judge has given medical examiners around the country a shock by ordering a coroner to remove any reference to Tasers in her autopsy reports on three men who died after police officers shot them with the stun guns.

Amnesty International estimates that since June 2001, more than 150 people have died in the U.S. following Taser shocks, but the gun's manufacturer has been suing medical examiners who have cited its products in autopsy reports.

That aggressive strategy paid off big time after a four-day bench trial of Taser International's (Nasdaq: TASR) case against Dr. Lisa Kohler, the chief medical examiner of Summit County, Ohio. She had identified the physiological stress of being incapacitated by a 50,000-volt Taser as a contributory cause of the deaths of Dennis Hyde, 30, Richard Holcomb, 18, and Mark McCullaugh, 28.

“There is simply no medical, scientific, or electrical evidence to support the conclusion that the Taser X26 had anything to do with the death[s],” Court of Common Pleas Judge Ted Schneiderman said in a May 2 decision.

Under Ohio law, a judge can direct a coroner “to change his decision as to [the] cause and manner and mode of death.” Schneiderman ordered the county to delete any reference to a “contributing factor of electrical pulse incapacitation” in the Hyde and Holcomb autopsy reports and similar language in the McCullaugh report.

Taser's experts, he ruled, had provided evidence that Hyde and Holcomb

probably died as a result of a fatal cardiac arrhythmia due to illicit drug intoxication creating crazed states consistent with “Excited Delirium Syndrome,” also known as “Agitated Delirium.”

Kohler will appeal the decision -– and she has the support of other medical examiners. “Judges should not be practicing medicine, and that is clearly what the judge is trying to do in this case,” Dr. Bruce Levy, the chief medical examiner for the state of Tennessee, told the Akron Beacon Journal.

The county's attorney argued during the trial that Schneiderman should not overturn the "thought-out, carefully deliberated" findings of its pathologists. “'We are not saying this is the sole or direct cause,'' John F. Manley said. “'We are saying it contributed in some way. How much, we may never know.”

The appeals court should certainly take a close look at how the judge could have found Taser's experts so credible, particularly since “excited delirium” is not recognized as a diagnosis in official medical manuals.

“There are plenty of medical examiners who are very skeptical of excited delirium,” an ACLU lawyer told the Arizona Republic. “"But that is not what Taser is promoting ... They attribute almost all of the deaths following a Taser strike to excited delirium.”

The city of Akron, whose officers were involved in Hyde's death, joined Taser in its complaint "to correct erroneous cause of death determinations." Kohler's office ruled all three deaths homicides, but Schneiderman said the deaths of Hyde and Holcomb should be ruled “accidental” and the manner of McCullaugh's death should be ruled “undetermined.”

Taser v. Kohler Court Documents

By Matthew Heller
5/6/08



 
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.
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

more

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

more

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.

more