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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• 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

• Massachusetts appeals court says 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

• Oregon judge rules that a self-proclaimed "investigative blogger" is not "considered 'media' for the purposes of applying a negligence standard in a defamation claim." Obsidian Finance v. Cox

• 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.




Alltop_125x125.jpg







Designer Sues Rocker Love over “Vile” Twitter Posts Print

Adding to her list of dubious achievements, rocker Courtney Love has been sued by an Austin, Texas, fashion designer in what may be the first case of “vile and defamatory” Twitter postings.

Dawn Simorangkir, aka “Boudoir Queen,” alleges in her suit that Love went on “an extensive rant” on the Internet after she billed her for some custom clothing she had made for her. Love apparently expected to get the clothing for free.

According to the suit, the Twitter-ranting included no fewer than 10 defamatory tweets posted within the space of 21 minutes –- a spectacular average of one tweet every 2.1 minutes. Love also allegedly posted defamatory material on her MySpace page and on Etsy.com, an online marketplace used by independent fashion designers.

“Whether caused by a drug induced psychosis, a warped understanding of reality, or the belief that her money and fame allow her to disregard the law, Love has embarked [o]n what is nothing short of an obsessive and delusional crusade to terrorize and destroy Simorangkir, Simorangkir's reputation and her livelihood,” the complaint says.

Tweets cannot exceed 140 characters, yet Love has apparently mastered the form, managing to pack all manner of vitriol into her pithy postings. Among other things, she allegedly said Boudoir Queen “has a history of dealing cocaine” and called her an “asswipe nasty lying hosebag thief.”

The suit was filed March 26 -- only nine days after the “rant.” It also says Love threatened Boudoir Queen's life by twittering,

oi vey don't fuck with my wradrobe [sic] or you will end up in a circle of corched eaeth [scorched earth] hunted til your dead.

Boudoir Queen -- who describes her style as "Art Deco meets rock-n-roll" -- not only seeks compensatory damages on claims including defamation, invasion of privacy, and infliction of emotional distress but also punitive damages “in order to deter Love from repeating these horrendous acts.”

Love, the lead singer of the band Hole and widow of Kurt Cobain has specialized in erratic behavior. In 2005, she pleaded no contest to assaulting another female rock singer with a liquor bottle as part of a deal with prosecutors in which she agreed to attend anger management counseling.

Boudoir Queen's suit suggests Love may need a refresher course, but she could well argue that much of her twittering –- such as “asswipe” and “hosebag” -- is expression of protected opinion, rather than verifiable assertion of fact.

Another possible defense is even if Love falsely accused Simorangkir of drug dealing and other crimes, the audience for her tweets, knowing her flair for the outrageous, would not reasonably believe she was asserting facts.

Before the Internet, of course, celebrities did not make a habit of exposing their innermost thoughts so publicly and so instantaneously. At the very least, Love may learn the price of such openness.

This story linked by:


By Matthew Heller
3/27/09


 
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.”
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  • 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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