Philippe v. Wal-Mart Stores
Family of a Wal-Mart worker trampled to death in a "Black Friday" stampede sues the company for "creat[ing] an atmosphere of competition and anxiety amongst the crowd."
Mattel v. MGA Entertainment
Los Angeles judge permanently enjoins a toy company from making or selling Bratz dolls as a result of its infringement of the intellectual property of Barbie maker Mattel.
Wone v. Price
Widow of murdered attorney Robert Wone sues three men for wrongful death, alleging the knife used to stab him was "in [their] custody and control ... at all relevant times."
• New Jersey appeals court orders the unsealing of a settlement paid by a Giants Stadium vendor to a girl injured in a crash with a drunken fan. "We fail to discern the compelling interest that allows plaintiffs to shroud the amount and terms of the settlement in secrecy by settling the case prior to trial." Verni v. Lanzaro
• Michigan judge says a city of Detroit employee can sue for failure to accommodate her sensitivity to perfume. "Plaintiff may proceed [to trial] with her claim of disability based on the major life activity of breathing."
McBride v. City of Detroit
• Ex-wife of Henry Nicholas petitions to remove the co-founder of Broadcom Corp. as co-trustee of the family trust, alleging he whispered in her ear that "he was going to have [her] 'whacked.'" In the Matter of the Nicholas Family Trust
• Two National Guardsmen allege Wisconsin Dells police forced them to consume urine-soaked dirt and a plant after accusing them of public urination. Anderson v. City of Wisconsin Dells
• Los Angeles judge orders a man to pay his ex-wife $12.5 million in damages for infecting her with the HIV virus during their marriage when he knew or should have known he was HIV-positive. Bridget B v. John B
• Victoria's Secret users file another class action alleging the company's undergarments are defective, causing "allergic reactions, contact dermatitis, blistering, itching, hives, rashes, scarring, systemic reactions and other health concerns." Amaya v. Victoria's Secret Stores
• ABC asks the 2nd Circuit to overturn a $1.4 million fine for airing a woman's nude buttocks on an episode of "NYPD Blue." The FCC's "conclusion that the threshold indecency requirement was met here rested entirely on the notion that buttocks are a sexual or excretory organ. But buttocks are not a sexual or excretory organ." ABC v. FCC
• 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
N.Y. Court Backs Woman's Suit over Affair with Priest
Striking a long-overdue blow against predatory clergy, a New York appeals court has for the first time recognized that a clergyman acting as a marital counselor who has sex with a parishioner can be sued for breach of fiduciary duty.
Like other states, New York does not allow claims for clergy malpractice and a Monroe County judge dismissed the breach of fiduciary duty claim of a woman who sued a Catholic priest for damages arising out of her adulterous relationship with him.
The Jane Doe plaintiff alleged the sexual misconduct of Father Peter DeBellis was a breach of the fiduciary duty that he owed her because he had held himself out as qualified to conduct marriage counseling, and she went to him for that purpose.
But a 3-2 majority of the Appellate Division, Fourth Department reinstated her case, aligning itself with other states which have found a fiduciary duty if the clergy member “held himself out as possessing the education and experience” of a professional counselor.
Doe's case, the opinion said, was distinguishable from Wende C. v United Methodist Church, 6 A.D.3d 1047 (2004), in which the same court said a parishioner could not sue her pastoral counselor over their sexual affair.
In Wende C., “the gravamen of the complaint was clerical malpractice, and the complaint in that case did not in fact allege the breach of a fiduciary duty or that the duty assumed by the defendant cleric therein was secular in nature,” the majority explained.
The two dissenting justices -– Robert G. Hurlbutt and John V. Centra –- cited language from Wende C. which said “there is no meaningful analytical distinction between a cause of action for breach of fiduciary duty by a cleric and one for clergy malpractice.”
Both Doe's case and Wende C., the dissenters said, “involve a claim or cause of action for breach of fiduciary duty based on sexual relations between a parishioner and her pastor during pastoral counseling, and neither pastor possessed any license or credentials as a therapeutic counselor.”
New York's highest court, the Court of Appeals, affirmed the Wende C. decision, but left open “for another day the question whether [a cause of action for breach of fiduciary duty] may arise between a cleric and a parishioner under very different circumstances, not present here.”
It may be time for the Court of Appeals to take another look at the issue and decide definitively whether a pastor must be a licensed counselor to be sued for breach of fiduciary duty or whether he merely has to hold himself out as a professional counselor.
The Appellate Division, Second Department rejected a similar breach of fiduciary duty claim in Langford v. Roman Catholic Diocese, 271 A.D.2d 494 (2000). But in a dissent, Justice Nathan E. Miller said that “the hallmark of fiduciary duty -- an imbalance of power between the parties -- is especially manifest in the relationship between priest and parishioner.”
“In recognizing Langford's cause of action to recover damages for breach of fiduciary duty,” he concluded,
it would, for the first time, pose a deterrent to other predatory members of the clergy who presently have too little reason to fear personal retribution for their conduct causing grave injury to their victims.
In a quirk of legal fate, Crystal Bear won a $6 million jury award against her sister in an SUV rollover case. Now she has accepted $200,000 from her sister's insurers as payment in full to heal their wounded relationship. more
Ex-Manager Sues Hilton Hotel over Orgy Viewing
A former manager of the upscale restaurant at the Hilton Minneapolis who allegedly walked in on upper management having an orgy has filed a lawsuit that probably stretches liability for “undirected” sexual harassment beyond its limits. more
Does Anti-Plagiarism Site Benefit the Public?
The 4th U.S. Circuit Court of Appeals will hear a copyright infringement case next week that may turn on whether Turnitin, an Internet service designed to catch plagiarists, really provides a “substantial public benefit.” more
Soccer Mom Fires Gun Rights Suit at Sheriff
A pistol-packing soccer mom has sued a Pennsylvania sheriff for recklessly revoking her concealed-weapons permit after she openly wore a handgun at her 5-year-old daughter's soccer game. more
Dreadlocked Juror Case Ties S.C. Court in Knots
A divided South Carolina Supreme Court has ordered a new trial in an auto accident case because defense counsel did not offer a “race-neutral” reason for striking an African-American man with dreadlocks from the jury. more
'Douchebags' Suits Face Protection for Opinion
Two lawsuits involving the book “Hot Chicks with Douchebags” raise the novel question of whether calling someone a “douchebag” is a defamatory statement of fact or a mere vulgarity that cannot be proved true or false. more
'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. 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
Chambers v. God Subject: Access to Courts Document: Notice of Appeal
Nelson v. American Apparel Subject: "Sham" Arbitration Document: Opinion
