
• Oglala Sioux tribe sues beer makers and Whiteclay, Neb., bars for enabling alcohol abuse on the Pine Ridge Indian Reservation. The illegal trade in alcohol has "caused devastating injuries to the Lakota people and massive financial damages to the [tribe]." Oglala Sioux Tribe v. Schwarting
• 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

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In yet another “swoon and fall” case against a church, an Illinois woman claims she was injured during a church service when a parishioner who was receiving the “spirit” fell backward, knocking several other worshippers into her.
Cheryl Jones' lawsuit describes a chain reaction of worshippers toppling like dominos, caused, she says, by the failure of the Disciple Fellowship Christian Church of East St. Louis to provide ushers to catch the swooning parishioner.
“Typically,” the suit says, “two ushers would stand on each side of the [church] member to prevent the person receiving the 'spirit' from falling and injuring themselves.”
But on Jan. 5, 2010, the pastor “gave the 'spirit' without the assistance of anyone” and “as one member received the 'spirit', she fell backwards[,] knocking several other members into Plaintiff[,] who fell to the ground with several people falling on top of her.”
Jones allegedly lost consciousness and suffered injuries to her head, neck, back and buttocks. She is seeking at least $50,000 in damages.
In 2009, the Michigan Court of Appeals said a church had a duty to provide an usher to catch a swooning congregant as she fell backward. But it also stressed that the case had “very narrow and unique circumstances.”
Among other things, the court noted in an unpublished opinion, the pastor had “made it clear to the congregants that ushers were trained to catch persons who fall during an altar call.”.
An Oregon jury last year found a church was not liable for the injuries of a woman who was acting as a “catcher” when a swooning church member fell on her.
Jones' suit would take things a step further than the Michigan and Oregon cases, making a church liable for injuries to a bystander who apparently was waiting her turn to receive the “spirit.” “Defendant owed Plaintiff a duty to ensure a safe place for parishioners to worship on its property,” it says.
Ushers should have been “standing behind the parishioners to catch them if they fell to the floor after the Pastor laid his hands on them,” Jones insists, and parishioners should have been warned of “the potential dangers of receiving the 'spirit.'”
But as Jones says in her complaint, the church would typically provide ushers to “prevent the person receiving the 'spirit'” from being injured — not any and all parishioners who might be in the vicinity of the altar.
And even in the absence of “catchers,” it doesn't seem foreseeable that one parishioner would injure another as a result of a bizarre chain reaction accident.
By Matthew Heller On Point
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