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
Disabled Woman Sues to Open up Drive-Thru Windows
A discrimination suit filed by a hearing-impaired Nebraska woman against McDonald's Corp. may hinge on whether it is reasonable for the fast-food chain to slow down the processing of drive-through orders to accommodate the disabled.
Karen Tumeh alleges she is unable to use drive-through order or “squawk” boxes because of her impairment and employees of a McDonald's in Lincoln, Neb., violated the Americans with Disabilities Act (ADA) by refusing to let her order directly from the drive-through window.
“The use of the drive-thru window for taking a food order is a necessary and reasonable accommodation for Plaintiff,” she says in a complaint which describes several confrontations with McDonald's staff between Sept. 1, 2007 and June 9 of this year.
On two occasions, an employee at the drive-through window allegedly told Tumeh to drive around again to the order box or go inside to order. During a May 2 visit to the restaurant, the suit says, “Defendant's employee ... stated, 'I told you before you need to order at the box,'” and only served Tumeh “[a]fter much argument and humiliation.”
Under the ADA, discrimination includes “a failure to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities.”
While there is no appeals court precedent that addresses access to a drive-through window for the hearing-impaired, Tumeh doesn't seem to be asking for much. “If she's in a hurry ... and wants to use the drive-thru rather than dealing with the hassle of going inside to order, then why shouldn't she be able to?” asked a Lincoln Journal Star reader.
Tumeh says her hearing aid begins to screech when she tries to order food from drive-through order boxes.
But McDonald's would have a defense if it can show that allowing drive-through window orders would “fundamentally alter the nature of [its] goods, services, facilities, privileges, advantages, or accommodations.”
According to an article by a former McDonald's worker, a drive-through team at busy times consists of an order-taker, a money-taker, a runner who assembles the order and a presenter who delivers it to the customer. “The ultimate goal of the drive through team is to have this whole process completed within 60 seconds,” the article says.
If Tumeh was allowed to bypass the order box, that could add time to the process, delaying other customers, as she blocks the drive-through window while making her order.
“If you can't complete orders in 60 seconds you get yelled at by the boss and you have to deal with people like her all day long wanting you to figure out what they want,” said a reader of the Moonbattery blog.
A Washington, D.C., judge, however, ruled in 1995 that a McDonald's discriminated against a deaf customer by refusing to serve him at the drive-through window after he was unable to order at the order box. Bunjer v. Edwards, 985 F.Supp. 165.
The restaurant should provide for the deaf and hearing-impaired by putting up a sign at the order box "instructing deaf patrons to proceed directly to the [drive-through] window to have their orders filled," U.S. District Judge Stanley Sporkin said in affirming a $1,500 jury award. He also described the case as a "wake-up call" for the company as a whole.
Tumeh is seeking injunctive relief and a court order directing McDonald's
to train all employees in their duties pursuant to the ADA and its implementing regulations, specifically allowing deaf and/or hearing- impaired persons to order at drive-thru window without harassment, embarrassment or humiliation.
Plaintiff's attorney Shirley Mora James (Nebraska Advocacy Services, Lincoln) says the facts in Bunjer "are almost identical to my client’s case expect that my client’s case is much more damaging because my client was actually denied services on more than one occasion."
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.
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Chambers v. God Subject: Access to Courts Document: Notice of Appeal
Nelson v. American Apparel Subject: "Sham" Arbitration Document: Opinion
A discrimination suit filed by a hearing-impaired Nebraska woman against 
