John Doe A v. Penn State
First Penn State scandal lawsuit says Coach Jerry Sandusky sexually abused a boy more than 100 times and the abuse was enabled by the school's "negligent oversight."
Bradley v. Lohan
Former Betty Ford Center employee sues Lindsay Lohan for assault, alleging the actress threw a phone at her and yanked her wrist while refusing to be breathalzyed.
N.D. v. New York Post
Hotel maid allegedly raped by French politician sues the New York Post for falsely reporting that she is a prostitute who "routinely traded sex for money" with male guests.
Reinhart v. Mortenson
Two Montana residents allege the author of "Three Cups of Tea" "fabricated material about his activities and work in Pakistan and Afghanistan" to sell the book.
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• Roommate referral website does not discriminate by allowing users to list their preferences for roommate characteristics. "Holding that the [Fair Housing Act] applies inside a home or apartment ... would be a serious invasion of privacy, autonomy and security."
Fair Housing Council v. Roommate.com

• Student alleges a prank involving a bottle rocket and another student's anus backfired, causing him to fall off the deck of a frat house.
Helmburg v. Alpha Tau Omega

• 5th Circuit reinstates a jury verdict finding a man employed by an engineering firm was sexually harassed by a male supervisor. "The text message 'I want cock' could be taken as an explicit sexual proposition." 
Cherry v. Shaw Coastal

• The ex-wife of a man who fatally shot himself with a gun he had stolen cannot sue the gun's owner for wrongful death. "We conclude that public policy dictates that [Charles] Milot's criminal conduct acts as a bar to recovery."
Ryan v. Hughes-Ortiz

• Pennsylvania woman alleges her former employer discriminated against her because she wore a fake penis to assist her in her female-to-male transition. "Plaintiff's use of the prosthetic device was concealed and in no way interfered with the ability of Plaintiff to do her job." Davis v. J&J Snack Foods

• Son of a woman charged with murdering her husband cannot use the proceeds from the victim's life insurance policy to fund his mother's criminal defense. "[A]llowing the distribution of these proceeds to a third party who has clear intentions to transfer part of these proceeds to her, undermines the principles underlying the Slayer’s Act and federal common law."
In Re: Estate of Michael Burkland

• Seattle judge says an actress cannot proceed anonymously in her suit against the IMDb.com website for publishing her age. "[W]hile Plaintiff may face public ridicule and embarrassment if she elects to go forward under her real name, the injury she fears is not severe enough to justify permitting her to proceed anonymously."
Doe v. Amazon.com

• Family of an 11-year-old girl who was crushed by a boulder of ice says forest ranger negligence caused her death. Rangers "did not warn users of the risk of harm associated with the dangerous, unstable snow and ice" at the Big Four Ice Caves in Snohomish County, Wash. Tam v. U.S.

• 3rd Circuit dismisses a breach of data security case against a payroll-processing company. "Appellants' allegations of an increased risk of identity theft as a result of the security breach are hypothetical, future injuries."
Reilly v. Ceridian Corp.

• Oregon judge denies First Amendment protections to a blogger. "Defendant cites no cases indicating that a self-proclaimed 'investigative blogger' is considered 'media' for the purposes of applying a negligence standard in a defamation claim."
Obsidian Finance v. Cox

• A transsexual who was fired from her government job while she was in the process of becoming a woman wins her sex discrimination suit. "[A] government agent violates the Equal Protection Clause’s prohibition of sex-based discrimination when he or she fires a transgender or transsexual employee because of his or her gender non-conformity."
Glenn v. Brumby

• New York man sues a Texas fertility clinic for wrongful insemination, alleging it failed to obtain his consent before using a sample of his sperm to impregnate his ex-girlfriend.
Pressil v. Advanced Fertility

• Nebraska judge rules that school officials may have illegally disciplined students for wearing t-shirts in honor of a slain friend suspected of gang membership. "[Q]uestions of fact remain whether Plaintiffs’ speech occurred in a context likely to provoke gang violence or other disruptions of school activities."
Kuhr v. Millard Public Sch. Dist.




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Auto Dealer's Suit Over Wife's Affair a Legal Lemon? Print

In a particularly bizarre alienation of affections case filed in Illinois, a wealthy automobile dealer is suing his estranged wife's lover for loss of her potential income –- even though he supported her during their marriage.

Ronda and Bob Rohrman in happier times

Illinois is one of only eight states that still recognizes the archaic tort of alienation of affections but in 1947, concerned the tort was being used as “an instrument for blackmail,” the Legislature limited a plaintiff's recovery to “the actual damages sustained as a result of the injury complained of.”

No damages can be awarded for “mental anguish suffered by plaintiff; any injury to plaintiff's feelings; shame, humiliation, sorrow or mortification suffered by plaintiff.”

Bob Rohrman, who operates 26 auto dealerships in Illinois and Indiana, filed an alienation of affections suit in Du Page County, Ill., last month, alleging a plastic surgeon caused the “irretrievable breakdown” of his marriage.

According to the complaint, the Rohrmans were married in December 2002 and “enjoyed a happy marriage” until April 2008, when Dr. Sami Bittar “initiated a romantic and sexual relationship” with Ronda Rohrman. During the affair, he allegedly bought her expensive gifts, had sex with her “on multiple occasions,” and contacted her by phone and e-mail to arrange “romantic rendezvous.”

Bob Rohrman filed for divorce in Indiana in June 2008. The alienation of affections lawsuit -- filed in the most reliably conservative county in Illinois -- seeks at least $50,000 in actual damages, “said damages includ[ing] ... Loss of Ronda's potential income as a wife.”

“It is with much regret that I was forced to exert my legal rights against the doctor, but his pursuit of my wife and alienation of her affection for me was more than I would tolerate,” Rohrman said in a statement.

But there appears to be no precedent for awarding loss of potential spousal income to a plaintiff in an alienation of affections case. And Bob Rohrman could hardly be less qualified to receive such an award.

The potential income concept is usually applied to determine child support in divorce cases, with courts taking into account the parent's recent work history, the parent's occupational qualifications and the prevailing job opportunities and salary levels in the community where the parent lives.

Rohrman, 76, met his wife –- who is 30 years his junior -- while she was working at his Toyota dealership in Westmont, Ill. But he says in his complaint that he “supported Ronda throughout the pendency of the marriage, providing for her a luxurious lifestyle” -- which strongly suggests Ronda Rohrman has no recent work history.

Even if she does have a potential income, moreover, it's not clear how the loss of it would damage her husband, whose Rohrman Auto Group dealerships have estimated sales of $23.7 million and who was wealthy enough to keep her in luxury.

The only other specific damages Rohrman is seeking are for amounts owed to “private investigator for services used to uncover infidelity of Ronda.”

Alienation of affections suits still occasionally pay out, with a jury in Hoke County, N.C., for example, awarding $500,000 in May against a woman for seducing a married man. But North Carolina allows recovery of compensatory and punitive damages for injury to the plaintiff's “health, feelings, or reputation.”

Before Bob Rohrman can even get to damages, he must show that Bittar instigated the relationship with his wife or enticed her affections away from him. In a recent case, an Illinois appeals court found no liability, citing evidence that the plaintiff's husband initiated the first physical encounter with the defendant. Orbeta v. Gomez, 733 N.E.2d 1287 (2000).

Bittar allegedly met the Rohrmans when a member of their family had plastic surgery in early 2008. He has offices in Cook County, Ill., but also practices in a Du Page County hospital.

By Matthew Heller
7/15/09


 
rc_insidestories
  • Jurors' Comments Fuel New Trial Bid in Bullying Case

    Jurors may have opened the door to a new trial in a Maryland school bullying case by saying they returned a verdict for the defense because they were afraid of setting a bad precedent for school systems throughout the country.
    Read more...
  • Abuse Victim Can Sue Ex-DA Over 'Sexting' Messages

    A Wisconsin judge has protected a domestic violence victim from a rogue prosecutor, finding that she can sue him for sending her text messages in which he pressured her to have sex with him.
    Read more...
  • Four Loko Maker Says Users Knew of Health Dangers

    The maker of Four Loko has previewed its defense of a slew of product liability lawsuits, arguing that the physical effects of the energy drink's mixture of alcohol and caffeine — far from being an undisclosed risk to consumers — are precisely what made it so popular.
    Read more...
  • Mortician Sued for Speaking Ill of the Dead

    In a first-of-its-kind unprofessional conduct lawsuit, a woman has sued her former boss at a Michigan funeral home for making an indecent comment about the body of a dead man in front of her.
    Read more...
  • 'Next Friends' of Orcas Bid to Stop SeaWorld Slavery

    An animal rights lawsuit against SeaWorld for enslaving five killer whales at its aquatic theme parks in San Diego and Orlando may sink even though humans are representing the orcas as their “next friends.”
    Read more...
  • Jury Finds No Harm to Boy From Wrongful Circumcision

    In a blow to supporters of male “genital integrity,” an Indiana jury has ruled that a doctor did not injure a boy by circumcising him when he was an infant even though his mother wanted him to be left intact.
    Read more...
  • Guest Can Sue Motel 6 Over Attack by Woman's Pimp

    A guest who paid for sex with a prostitute at a Motel 6 did not assume the risk of being attacked several hours later by the prostitute's pimp, a Pennsylvania judge has ruled in an unusual premises liability lawsuit against the motel operator.
    Read more...
RC_OnFile

Marsh v. Air Tran Airways
Subject: Roaches on a plane
Document: Complaint

Classic Media v. J.G. Wentworth
Subject: "Lassie" copyright
Document: Complaint

Kardashian v. Old Navy
Subject: Publicity rights
Document: Complaint

McKee v. Laurion
Subject: Doctor defamation
Document: Opinion

Francis v. U.S.
Subject: Bear attack
Document: Decision

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RC_OnTrial

Doe v. Discovery Day Care
Court: Miami-Dade Circuit
Subject: Child molestation
Verdict: $3,000,000

Hoback v. City of Chattanooga
Court: USDC, E. Tenn.
Subject: PTSD discrimination
Verdict: $680,000

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RC_OnTheDocket

Brown v. Herbert
Date: 12/16/11
Court: USDC, Utah
Hearing: Motion to dismiss polygamy case

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