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
Manager Says Viewing of Film Made Her Use 'N' Word
A former Wyeth Pharmaceuticals (NYSE: WYE) 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.”
In the film, a school principal played by Morgan Freeman uses the phrase to convey his authority. “When I made the statement, I was referring to myself, and I did not intend to direct my comment at anyone but myself, and further never intended to hurt anyone who may have over heard the comment,” Patricia Stalter says in a court declaration.
Wyeth attached the declaration to a motion for summary dismissal of a discrimination suit filed by the African-American employee who overheard Stalter's comment. Joseph Gibson alleges he was subjected to a hostile work environment based on his race.
“A single offensive racial remark generally is insufficient to create a hostile work environment,” Wyeth argues in the motion.
According to Stalter, who worked at a Wyeth plant in Pearl River, N.Y., she saw “Lean on Me” in early October 2004. After she spoke about it with Francine Townsend, an African-American colleague, she says, “[S]ome of my African-American colleagues, including Townsend, used the 'HNIC' phrase to refer to me in jest on numerous occasions due to my position as a manager.”
On Oct. 26, 2004, Stalter had some trouble exerting her authority over two outside contractors who were visiting the plant. “Out of frustration,” she “blurted out to the contractors that I was the 'head nigger in charge ...”
“The phrase was fresh in my mind,” Stalter declares, “after having recently seen the movie 'Lean on Me' and having heard it from my colleagues recently ... I understand that it was inappropriate, and I deeply regret it.”
Gibson, who was at his desk about 20 feet away, has said that Stalter looked at him and said “Excuse me, Joe” before she made the “HNIC” comment -- which, if true, would suggest she wasn't being entirely spontaneous. She denies saying that in her declaration.
Courts have found the “routine” use of the word “nigger” in the workplace is evidence of discrimination, but Wyeth argues that Stalter uttered the type of “stray remark” which is not considered to be “severe or pervasive” enough to support a hostile work environment claim.
The company cited three cases (see table) in which courts found that “the use of the HNIC phrase is insufficient to demonstrate that a work environment is objectively hostile.”
Stalter got a written warning from Wyeth because of the “HNIC” incident and retired last April after nearly 36 years with the company. A Wyeth spokesman told the Journal News of White Plains, N.Y., that her retirement was not related to the lawsuit.
Dirty Dancer Settles with N.C. 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.”
The settlement will come from the Town of Marshall's insurance fund in return for Rebecca Willis dropping her civil-rights suit, which had twice been reinstated by the 4th U.S. Circuit Court of Appeals.
“I am very happy with this settlement and relieved that the lawsuit is finally over,” Willis said in a statement released by the ACLU. “Although I personally no longer desire to attend dances at the Town Depot, today’s $275,000 settlement should send a message to the Town that in the future, any government-sponsored events should allow for diversity and free expression by members of the community.”
The town could ill afford to risk a trial after the recent pasting it got from the 4th Circuit, which ruled in April that Willis had a triable equal protection claim against the town for treating her differently than other patrons of Friday night concerts at its community center who danced and dressed similarly.
“[A] reasonable jury could conclude that the Town’s actions, rather than being guided by concern for the public welfare, were actually motivated by a conscious desire to single her out for undeserved punishment,” the opinion said.
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
A former Wyeth Pharmaceuticals (NYSE: WYE) 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.”
