Iseman v. New York Times
Washington, D.C., lobbyist sues the New York Times for falsely reporting that she had an illicit "romantic" and unethical relationship with Sen. John McCain. 		Newdow v. Roberts
Atheists sue for a court order enjoining U.S. Supreme Court chief justice from including "so help me God" in the presidential oath he administers to Barack Obama. 		Tyler v. California
California Atty. Gen. Jerry Brown says the Prop 8 ban on gay marriage is unconstitutional because it abrogates fundamental rights without a compelling interest.
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• 8th Circuit finds that Arkansas counties cannot sue cold medicine manufacturers over the misuse of pseudoephedrine in their products by methamphetamine cooks. "[W]e are very reluctant to open Pandora's box to the avalanche of actions that would follow if we found this case to state a cause of action under Arkansas law."
Ashley County v. Pfizer

• Alabama appeals court declines to "recogniz[e] as a rule of law that alimony is terminated once a recipient former spouse enters into a homosexual relationship."
J.L.M. v. S.A.K.

• New York judge finds no copyright infringement in a scene from the movie "What Women Want" which used a "Silver Slugger" pinball machine as a background prop. The machine "appears so fleetingly that I conclude there is no plausible claim for copyright infringement here."
Gottlieb Development v. Paramount Pictures

• D.C. Circuit says a prison inmate cannot stop having his DNA extracted from tissue and fluid samples for a national database because of his religious beliefs. Russell Kaemmerling "alleges no religious observance that the DNA Act impedes, or acts in violation of his religious beliefs that it pressures him to perform."
Kaemmerling v. Lappin

• Former Delaware jail detainee blames the death of his "irreplaceable" pet parrot on jail staff who refused to provide him with a telephone so he could arrange for its safekeeping. With Thomas Goodrich unable to make bail for 11 days, the "wonderful and intelligent Blue & Gold macaw" died of starvation. Goodrich v. Danberg

• South Carolina judge strikes down a law authorizing the state to issue a special “Christian” license plate featuring a cross, a stained-glass window and the words “I Believe.” "Plaintiffs have made a strong showing that the legislation at issue is 'entirely motivated by a purpose to advance religion,' specifically Christianity." Summers v. Adams

• Florida Supreme Court publicly reprimands 1st District Court of Appeal Judge Michael Allen for questioning the ethics of a colleague in an opinion. "An appellate judge cannot use his opinion-writing power to inappropriately personally attack another appellate judge by accusing him of a crime."
Inquiry Concerning Judge Allen

• D.C. Court of Appeals affirms the defense judgment in Roy Pearson's $54 million lost pants case against a dry cleaner. "[W]e agree with the trial court that Pearson’s expansive interpretation of 'Satisfaction Guaranteed' is not supported by law or reason." Pearson v. Chung

• Former U.S. Marine sues the Treasury Department to block the bailout of AIG, alleging the insurance giant "engages in Shariah-based Islamic religious activities that are anti-Christian, anti-Jewish, and anti-American." Murray v. Paulson

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Lurid Trial Ends with Brinkley Getting Custody of Kids

Christie Brinkley's divorce case has settled as soon-to-be ex-husband Peter Cook, battered by trial testimony about adultery and Internet porn-viewing, gave up his fight for custody of the couple's two children.

The settlement, announced after five days of salacious testimony in Suffolk County (N.Y.) Supreme Court, vindicates Brinkley's decision to oppose conducting the trial behind closed doors. With the media gleefully reporting every courtroom revelation, the spotlight almost certainly became too much for Cook to bear.

Cook went into the trial last week claiming that Brinkley is a scorned, vengeful woman who was risking their children's well-being by allowing media coverage. But any remaining hope he may have entertained of making that claim stick probably evaporated with the testimony of a psychiatrist on the fourth day of the trial.

Dr. Steven Herman testified July 8 that Brinkley should be granted custody of the children -– Jack, 13, and Sailor, 10 –- and delivered his clinical opinion that Cook “is characterologically a narcissist. While most people need a feeding for their egos, Mr. Cook has an insatiable appetite.”

Things could have gotten even worse for Cook on Day Five of the trial July 9 when two private investigators hired by Brinkley to find evidence of his indiscretions were on the witness list. Tyrone and Stephen Dux, who are twin brothers, said they were ready to introduce damaging information and photographs of Cook into evidence.

But before the Duxes could take the stand, the parties entered into settlement negotiations that culminated in an agreement early today.

Under the agreement, Brinkley gets full custody of the children and keeps 18 properties in the Hamptons that were in dispute while Cook gets $2.1 million and parenting time. “I'm very pleased with the results today,” the former supermodel said. “I was here fighting for custody.”

The children's attorney, Theresa A. Mari, requested that the courtroom be closed during proceedings related to the child custody issue. Cook supported the motion, but Acting Supreme Court Justice Mark D. Cohen said Mari had failed to make the “proper evidentiary showing” establishing the need for closure.

“I believe that the truth, in the long term, will lead to a better life for my children, for myself and for society in general,” Brinkley testified.

Other Brinkley v. Cook Sources

By Matthew Heller
7/10/08



 
Woman, 88, Arrested over Football Sues Neighbors

A Cincinnati neighborhood that got stirred up when an 88-year-old woman was arrested after refusing to give the boy next door his ball back may not be returning to normal anytime soon. She is now suing the boy's parents for disturbing her peaceful enjoyment of her home.
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Is $230K Deal to Cover
up Sex Assault Legal?

The enforceability of a “hush money” contract is at issue in the case of a casino host who alleges a Virginia businessman has reneged on an agreement to pay her $230,000 for not telling police that he sexually assaulted her.
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Dissenter Has Beef with Cattle Burial Decision

A divided Arkansas Court of Appeals has ruled that a truck driver involved in an accident which killed 38 cattle he was transporting cannot be held liable for the improper burial of the animals by a third party.
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Adult Site Not Liable for User's Tryst with Minor

Ruling in the case of an adult dating website which was sued for failing to prevent a minor from misrepresenting her age, the 6th Circuit has dodged the issue of whether SexSearch.com is immune from liability under federal law.
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On Point's Ten Worst Decisions of 2008

Two of the country's more reactionary federal appellate judges have made it into On Point's third annual Judicial Hall of Shame.
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On Point's Ten Best Decisions of 2008

Gray wolves, transgender job applicants, the terminally ill and members of a polygamous sect are among those who benefited from the decisions included in On Point's third annual Judicial Hall of Fame.
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Judge OKs Claim That Brando Will a Forgery

The ex-wife of Marlon Brando's son Christian appears to have made some headway in her attempt to prove that the executors of Brando's $22 million estate illegally obtained their power through a forged codicil to his will.
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Jury Backs Arrest of 73-Year-Old Porn Viewer

In a case of porn interrupted, a jury has ruled that two San Francisco police officers did not use excessive force in arresting a 73-year-old man after he allegedly got angry at his estranged wife for refusing to watch an X-rated movie with him.
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Having Cellmate Means Woman Loses Alimony

In a very literal reading of a divorce agreement, a Florida appeals court has ruled that a woman can no longer receive alimony from her ex-husband because of her “cohabitation” with another person in a prison cell.
more

Cable Company Sued for Exposing Family to Porn

For five months, the Bourne family of Warwick, R.I., allegedly had an unwelcome intruder in their home –- the hardcore porn programming of the Playboy Channel. Now they are suing their cable provider for trespassing on their property.
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P&G Satan Rumors Case Settles After Epic Battle

Four Amway distributors who spread a rumor linking Procter & Gamble to Satanism have dropped their appeal of a $19.25 million jury award and reached a settlement with the consumer products giant.
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Jeweler Awarded $3.8M for Pink Diamond Theft

Julius Klein Diamonds insists the pink diamond it allegedly stole from an Ohio jeweler never existed. But the mysterious gem was real enough to a federal jury, which awarded John Stafford $6.9 million for his loss.
more

Sherman v. McDonald's
Subject: Nude Photos
Document: Complaint

Baxter v. Montana
Subject: Death with Dignity
Document: Opinion

Philippe v. Wal-Mart Stores
Subject: "Black Friday" Stampede
Document: Complaint

Smith v. Hilton Hotels
Subject: Orgy Viewing
Document: Complaint

Mattel v. MGA Entertainment
Subject: Bratz Dolls
Document: Order Granting Injunction

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On Trial
Metzler v. Kurtz
Court: Sussex County (N.J.) Superior
Subject: Groping dentist

Donna West v. Tyler Perry
Court: USDC, E. Texas
Subject: Copyright infringement
Verdict: Defense

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A.B. v. St. Louis Cardinals
Date: 1/5/09
Court: St. Louis Circuit
Hearing: Jury trial in electronic message board defamation case.

Estate of Butler v. Maharishi University
Date: 1/12/09
Court: USDC, S. Iowa
Hearing: Jury trial in wrongful-death case.

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