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
Reporter Sues Prankster for Using Byline in Hoax Story
A sports writer for The Oklahoman has good reason to be aggrieved with a Nebraska football fan who put his name on a hoax Internet story. But Oklahoma's publicity rights law may not support his claim for misappropriation of a byline.
Jake Trotter covers University of Oklahoma football but had nothing to do with the story posted under his byline July 9 on the website DarthHusker.com and an Internet message board. The article, which also used a template from The Oklahoman website, falsely reported that two Sooner quarterbacks had been arrested on drug charges.
DarthHusker.com's operator, James Conradt, has said he created the story in response to smack talk by OU fans on a Nebraska message board. “I just wanted to get 'em all riled up, I guess,” he told The Oklahoman.
But at least two Texas radio stations reported the story as fact and, despite Conradt's speedy apology and retraction, the publisher of The Oklahoman and Trotter sued him July 14, alleging, among other things, trademark dilution, copyright infringement, violation of publicity rights, false light invasion of privacy and defamation.
“Defendant's actions have caused harm to the journalistic reputation of [The Oklahoma Publishing Co.] and Trotter,” the complaint, which seeks punitive damages, says.
The misappropriation of a reporter's identity probably takes Conradt outside First Amendment protections for satire or parody. And no matter what his intent was, there is no such thing as “innocent” copyright infringement.
Under Oklahoma's publicity rights law, Trotter can recover damages for unauthorized use of his name if Conradt knowingly used it “on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services” without his consent.
The hoax story clearly satisfies the elements of knowing use and lack of consent. But the problem here for Trotter is that the language of the statute envisages liability only in a commercial context and there is no evidence that the story is a “product” in the commercial sense of the word.
The claims for false light and defamation, meanwhile, raise the novel issue of whether the reputation of a reporter can be damaged by a bogus byline. Much as reporters prize their bylines, it is unlikely that a reasonable reader would find anything malicious in the misuse of Trotter's name –- and the “actual malice” test should apply since he is at least a limited-purpose public figure.
The final paragraph of the story also should have alerted any reasonably perceptive reader that it was a hoax. “Normally,” Conradt wrote,
success on the field has been followed by arrests off it for the Sooners. Booster groups expressed hope that these incidents [with the quarterbacks] were an indication that the team was going to have an excellent year.
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
