Perry v. Schwarzenegger
Judge strikes down California's same-sex marriage ban, finding that "Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians."
U.S. v. Arizona
Arizona judge enjoins enforcement of a new immigration law's requirement that police determine the immigration status of
every person who is arrested.
McGuire v. United Airlines
Michigan woman says a United Express flight crew locked her in a plane for nearly four hours after it landed because they failed to ensure that all passengers had disembarked.
R.H. v. Schenectady Sch. Dist.
Middle school student says he was suspended for wearing rosary beads because the rosary "is considered a gang-related symbol" and cannot be worn in school.
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• Parents of a 10-year-old boy who witnessed a killer whale's fatal attack on a trainer sue Sea World Orlando for infliction of emotional distress. "Without question, it was reasonably foreseeable and in fact predictable that an attack such as this one by a killer whale with the tendencies of Tilikum was inevitable." Connell v. Sea World

• Denver judge dismisses Oklahoma City bomber Terry Nichols's civil rights claims against prison officials for denying him a high-fiber diet.
Nichols v. Federal Bureau of Prisons

• Illinois teenager with cerebral palsy sues the Special Olympics for refusing to let her play basketball with the help of a service dog.
Youngwith v. Special Olympics

• Montana judge sets aside a government decision removing protections for the northern Rocky Mountain gray wolf. The Endangered Species Act "was not intended to sow the dragon's teeth of strife or to plant the seeds of future conflicts that have given rise to this case."
Defenders of Wildlife v. Salazar

• San Francisco judge dismisses a cereal consumer's false advertising suit. "[T]here is nothing in the packaging or marketing of Cap’n Crunch that would in any way deceive a reasonable consumer into believing that the cereal contains or derives nutritional value from real fruit." Werbel v. PepsiCo

• Iowa judge says a sheriff denied the applications of a father and son for concealed weapons permits in retaliation for their political activism. "This is a great reminder that the First Amendment protects the sole individual who may be a gadfly, kook, weirdo, nut job, whacko, and spook, with the same force of protection as folks with more majoritarian and popular views." Dorr v. Weber

• 5th Circuit rules that a school district violated the religious freedom of a Native American boy by requiring him to wear his long hair in a bun on top of his head or in a braid tucked into his shirt. The boy "has a sincere religious belief in wearing his hair uncut and in plain view."
A.A. v. Needville Ind. Sch. Dist.

• 11th Circuit denies a challenge to an ordinance restricting handouts of food to the homeless in Orlando parks. "[W]e are unpersuaded that the conduct of simply feeding people ... is expressive for First Amendment purposes."
First Vagabonds Church v. City of Orlando




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Injury Claims

$11M Awarded to Dancer in Extortion Case Print

Michael Flatley

An $11.1 million default judgment awarded to Michael Flatley in an extortion case is almost double what the "Lord of the Dance" star requested a few months ago.

In a court declaration filed Sept. 7, Flatley said he was entitled to at least $6 million in damages for the harm to his reputation and the emotional distress he suffered after Tyna Marie Robertson falsely accused him of raping her in a Las Vegas hotel room. She and her attorney, D. Dean Mauro, allegedly demanded $1 million from Flatley for their silence.

“Defendants' threats to subject me to false criminal charges and to 'ruin' me by spreading these false charges wherever I or the dance troupes perform 'for the rest of my life' ... caused me severe emotional distress,” Flatley declared.

After a hearing Dec. 7 at which the Irish dancer testified, Los Angeles Superior Court Judge Michael L. Stern found “adequate support” for a judgment of $11,095,872. The record “conclusively establish[es] the falsity of Robertson's claims and Robertson's malicious, intentional and willful publication of these false accusations,” he said.

Where the additional $5 million came from is unclear. But Flatley's declaration reflected only general damage to his reputation and not “the specific amount of monetary harm” caused to his business.

Flatley is unlikely to recover much of the judgment from Robertson, a real estate agent and the single mother of a child whose father is Chicago Bears linebacker Brian Urlacher. She recently pleaded for extra child support from Urlacher, saying, “I only have $6 in my name to support my son.”

Mauro settled the case against him after the California Supreme Court ruled in July 2006 that his communications with Flatley were not protected under a free-speech law. Flatley v. Mauro, 39 Cal.4th 299.

This story linked by:

By Matthew Heller
12/14/07

 
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Arnaout v. Warden
Subject: Muslim inmate prayer
Document: John Walker Lindh declaration

Marriage of J.B. and H.B.
Subject: Same-sex divorce
Document: Opinion

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RC_OnTrial

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RC_OnTheDocket

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