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.
• 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
Motel Maid's Dander up About Zoo Animal Droppings
Back in February 2004, the guests at the Hampton Inn Miami Airport West included two baby lemurs, a spider monkey, a macaw and an alligator. Now a federal judge may be about to decide whether those animals were a “dangerous condition” that foreseeably caused a former motel maid to suffer an allergic reaction.
Under Florida law, the “owner and keeper” of a wild animal is strictly liable for injuries to persons that are directly caused by the animal. But Arlin Valdez-Castillo's case raises an issue of first impression -– whether an owner is liable for an allergic reaction to a wild animal.
The lemurs and other animals were part of an educational traveling zoo based in Paso Robles, Calif., and stayed at the Hampton Inn for eight days while on a promotional tour for the Busch Gardens Africa safari theme park.
According to Valdez-Castillo, she was exposed to “dander, urine, feces, excrement and odor” while cleaning the animals' rooms. As a result, she suffered injuries including “severe, painful and debilitating skin lesions about her torso, extremities and face.”
Her federal complaint pleads claims for both strict liability and negligence, alleging that Busch Entertainment Corp. (BEC) and the operator of the traveling zoo, Conservation Ambassadors, “created and/or allowed a dangerous condition and/or a concealed peril to exist in their zoo animals causing injury to the Plaintiff.”
“When you walked into the room, it was like being in a zoo,” Valdez-Castillo told the Miami Herald.
But in a motion for summary judgment, Conservation Ambassadors stresses that her injuries were not “caused by actual physical contact with the animals.” To hold Conservation Ambassadors liable, the motion warns,
would open up the floodgates of litigation. Based on his or her status as an animal owner, every person who owns an animal would owe a duty to every other person who was exposed to the dander, feces, and excrement of the animals, but who did not come into contact with said animals.
Busch has also moved for summary judgment, arguing that “the allergic reaction was due to Plaintiff's own immune system, which is something over which BEC lacks any control.”
Valdez-Castillo testified in her deposition that the animals were never in the rooms when she cleaned them. She also said she had visited several zoos without suffering an allergic reaction and that she had owned dogs and kittens.
In the latest twist in the case, defense lawyers have moved for dismissal of the case to sanction plaintiff's counsel John P. Hess for providing the Herald with Conservation Ambassadors' confidential manual for traveling with animals.
Among other things, the manual tells employees to put the “Do Not Disturb” sign on the door knob when leaving an animal unattended in a hotel room, “animal-proof” the bathroom if using it as a holding area and, in the case of traveling penguins,
Have PR ask the hotel staff to cool the room ahead of time. A room near the ice machine is helpful.
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. more
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. more
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. more
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. more
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. more
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. more
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. more
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. more
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. more
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. more
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
