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
E-Mail Helps Fired Manager Win Record $46M Award
Evidence including a “smoking e-mail” has helped persuade a Cleveland jury to award a record $46.6 million to a former trash company manager who was fired after he refused to dismiss three employees, all of whom were about 60 years of age.
Ronald Luri, 55, alleged in his wrongful termination case that not only did Republic Services Co. (NYSE: RSG) retaliate against him for engaging in the “protected activity” of complying with age discrimination law, but it also blocked his efforts to find another job in the Cleveland area.
The jury award –- the largest in Ohio history -– includes $3.5 million in compensation for Luri's lost wages as general manager of Republic's Cleveland office and $43.1 million in punitive damages. “I stood up for the rights of my employees and I was penalized for it,” Luri told the Cleveland Plain-Dealer after the Cuyahoga County Court of Common Pleas jury reached its verdict last week.
Jurors said the key evidence was an e-mail memo written by Luri's boss, Jim Bowen. A computer forensics expert testified that Bowen had post-dated the memo and added criticism of Luri's job performance two weeks after Luri filed the lawsuit in August 2007.
“They blocked every opportunity for him to get another job,” one juror said.
Bowen took over as Republic's Ohio area president in August 2006 and, according to the complaint, told Luri two months later to fire Frank Pascuzzi, George Fiser and Louis Darienzo, specifying that Pascuzzi, who was more than 60 years old, should be replaced as controller with “a substantially younger” employee.
Luri refused to fire the employees, warning Bowen, the suit said, that they could sue the company for age discrimination. Bowen terminated him in April 2007.
“A causal connection exists between the protected activity and the adverse [employment] action given that, among other things, Mr. Bowen specifically told Mr. Luri ... that he was being terminated because he refused to terminate Mr. Pascuzzi,” Luri alleged.
Republic, which is based in Ft. Lauderdale, Fla., will appeal the verdict. It had argued that Luri filed his suit because of “nothing more than his badly bruised ego” -- he was passed over for the area president job in favor of Bowen.
“There was no merit for this jury to award this amount based on the evidence presented at trial,” a company spokesman said. “This case is far from over.”
The ratio of punitive to compensatory damages –- which is more than 12:1 –- may indeed be a little high. But the evidence-tampering alone deserved a stiff penalty.
As the Ohio Employer's Law Blog put it, “Nothing will anger a jury more than a company that looks like it is trying to cover [up] its actions, either by destroying damaging documents or creating helpful ones.”
A pending $6 billion merger with Allied Waste Industries will make Republic the second-largest trash hauler in the U.S. The company earned $290 million last year on revenue of $3.2 billion.
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
Evidence including a “smoking e-mail” has helped persuade a Cleveland jury to award a record $46.6 million to a former trash company manager who was fired after he refused to dismiss three employees, all of whom were about 60 years of age.
