Peterson v. Grisham
10th Circuit finds John Grisham did not defame three Oklahoma law enforcement officials in a book about the wrongful convictions of two men for a rape-murder.
Lopez v. O'Neal
Florida model sues Shaquille O'Neal for cyber-stalking, saying the NBA star hacked into her text messages and voice mails after she
broke off their affair.
Sapir v. Cruise
Tabloid magazine publisher alleges a private investigator working for Tom Cruise secretly recorded conversations between the actor and Nicole Kidman before their divorce.
Baxter v. Montana
Montana Supreme Court finds "no indication in Montana law that [physician-assisted suicide for] terminally ill, mentally competent adult patients is against public policy."
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• Illinois appeals court says the contact sports exception to negligence liability does not apply to the case of an athletic trainer who was struck in the eye by a hockey puck while refilling water bottles. Michael Weisberg "suffered injuries as a result of alleged conduct that was not inherent to the sport of hockey."
Weisberg v. Chicago Steel

• 3rd Circuit rules that a couple can sue Google for trespassing on their property while photographing it for the Street View feature. "[T]he Borings have alleged that Google entered upon their property without permission. If proven, that is a trespass, pure and simple."
Boring v. Google

• Minnesota judge reduces a jury award of copyright infringement damages against an illegal music file sharer from $2 million to $54,000. "The need for deterrence cannot justify a $2 million verdict for stealing and illegally distributing 24 songs for the sole purpose of obtaining free music."
Capitol Records v. Thomas-Rasset

• Special master says Texas Court of Criminal Appeals Judge Sharon Keller's conduct on the day of an execution was "not exemplary," but "she did not engage in conduct so egregious that she should be removed from office."
In re Honorable Sharon Keller

• New Jersey appeals court says a female business owner can sue a male customer for refusing to do business with her unless she gave him sexual favors. "The quid pro quo sexual harassment alleged in the complaint, if legally permitted, would stand as a barrier to women's ability to do business on an equal footing with men."
J.T.'s Tire Services v. United Rentals

• New Mexico judge says a photographer may be compelled to photograph a same-sex commitment ceremony despite her religious convictions because she "is not being forced to participate in any ceremony or ritual; the only requirement is that she photograph the event."
Elane Photography v. Willock

• Tennessee judge rules that the PGA Tour does not have to accommodate a golfer by allowing him to take testosterone shots. Doug Barron "has not shown that the 'reasonable accommodation' he has requested ... is necessary in order for him to continue playing golf in PGA Tour events."
Barron v. PGA Tour

• 6th Circuit says two high school basketball coaches did not use excessive corporal punishment in paddling a player. One of the coaches "testified that he only paddled Martin [Nolan] a total of ten times during Martin’s tenure at Hamilton [High School]."
Nolan v. Memphis City Schools

• Wrongful-death lawsuit alleges a cell phone company is liable for a fatal auto accident allegedly caused by a customer who was driving while "engrossed" in a cell phone conversation. Sprint/Nextel "failed to warn of the hazard of cell phone use while driving."
Estate of Doyle v. Sprint/Nextel


The 2009 Weblog Awards





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Was Chuck E. Cheese Mascot a Dirty Old Rat? Print

A Missouri woman who claims a Chuck E. Cheese mascot groped her breast has sued the operator of Chuck E. Cheese restaurants in a case that could hinge on whether the alleged groping “naturally arose” from the mascot's patron-greeting duties.

Cases involving employer liability for an employee's sexual assault on a patron tend to be very fact-specific. And it's probably safe to say there hasn't been a case with facts quite like the alleged assault on Jennifer Sorbello by a man dressed as a mouse.

Sorbello alleges in a complaint filed April 28 that William Thigpen “touched and groped [her] breast with his hand” while performing as the Chuck E. Cheese mascot at a Chuck E. Cheese restaurant in St. Louis. The restaurant's operator, CEC Entertainment (NYSE: CEC), is named as a defendant under the common-law theory of “respondeat superior” or vicarious liability.

“Greeting patrons ... while costumed and disguised as 'Chuck E. Cheese' was a task within the course and scope of Thigpen's employment,” the suit says, and Thigpen was “engaged in such duty” when he allegedly groped Sorbello.

There is no allegation that Thigpen had previously been inappropriate, which could have made CEC liable for negligent supervision.

UPDATE

The Riverfront Times, an alternative newsweekly in St. Louis, has posted a purported photo of the groping. The mascot appears to have his right hand on the left breast of a startled-looking woman identified as Sorbello.


Missouri jury instructions define the phrase "scope and course of employment" as acts which “even though not specifically authorized are done to further the business or interests of the employer” and which “naturally arise from the performance of the employee's work.”

In a case involving a bouncer's assault on a bar patron, the Missouri Court of Appeals said the second requirement of the instructions, “by its use of the word 'naturally,' implies that the employee's conduct must be usual, customary and expected. This amounts to a requirement of foreseeability.”

Applying that test, it found the owner of the Shady Grove Saloon was not liable for the patron's injuries because the assault “exceeded reasonable bounds and was excessively violent and not to be expected by his employer.” Noah v. Ziehl, 759 S.W.2d 905 (1988).

But the same court earlier upheld a $20,000 award against the employer of a retail store security guard who squeezed a customer's breasts while searching her for stolen merchandise. “[T]he evidence was such that reasonable minds could in fact differ” over whether the guard was acting to benefit his employer's business, the court said in Clark v. Skaggs Companies, 724 S.W.2d 545 (1986).

The Chuck E. Cheese mascot's alleged misconduct seems closer to that of the security guard than the Shady Grove bouncer. But cases in which massage therapists molested clients suggest Thigpen acted outside the scope of his employment.

In Stern v. Ritz Carlton Chicago, 702 N.E.2d 194 (1998), for example, the Illinois Appellate Court  said a hotel was not liable for the conduct of a masseur who assaulted two guests during each of their massages.

“[I]t is not expected that a masseur will sexually assault a client during the course of a massage,” the court concluded. “Although a massage involves physical contact with the client, it cannot reasonably be said that sexual assault by masseurs at the Ritz was encompassed in their duties, was similar to those duties, or was reasonably foreseeable by the Ritz.”

Greeting Chuck E. Cheese patrons may involve physical contact, but CEC could certainly argue it was not reasonably foreseeable that its mascot would grope a patron's breast.

Earlier this week, Chuck E. Cheese settled a proposed $5 million class action in which an Asian-American patron alleged the manager of its Castleton, Ind., location called him a “rice picker” and “yellow man” when he tried to return a defective toy. According to the complaint, the manager had previously “offended other patrons [of] the restaurant and discriminated against Afro-Americans and elderly people.”

This story linked by:


By Matthew Heller
5/2/09


 
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    A former manager at the Hilton Minneapolis who claimed she walked in on an orgy at a company sales conference has “sensationalized” what was only “some questionable behavior,” the hotel's owner says in arguing that her sexual harassment case should not go to trial.
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RC_OnFile

North Face Apparel v. The South Butt
Subject: Trademark infringement
Document: Answer to complaint

Stern v. Sony Corp.
Subject: Gamer's rights
Document: Motion to dismiss

Rossiter v. Evans
Subject: STD infection
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Subject: Twitter libel
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Spears v. Allergan, Inc.
Court: Orange County (Calif.) Superior
Subject: Botox death

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RC_OnTheDocket

Plaintiff B v. Joe Francis
Date: 2/22/10
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Hearing: Jury trial in sexual abuse case.

CBS v. FCC
Date: 2/23/10
Court: 3rd Circuit
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