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.
lc_search
LC_DayByDay

 Jul   August 14   Sep

SMTWTFS
   1  2
  3  4  5  6  7  8  9
10111213141516
17181920212223
24252627282930
31 
Julianna Willis Technology
LC_BySubject
OnTheMap

rss

LC_ExtraPoints

• Maryland appeals court says dog owners can be held strictly liable for pit bull attacks. "Because of its aggressive and vicious nature and its capability to inflict serious and sometimes fatal injuries, pit bulls and cross-bred pit bulls are inherently dangerous." Tracey v. Solesky

• Woman who has been diagnosed as a sex addict sues a school district for failing to prevent her from having sex with male students on the school bus when she was in 11th grade.
Barksdale v. Egg Harbor Township Bd. of Ed.

• Civil rights activist challenges Georgia's "stand your ground law." "By not defining what actions create a reasonable perception justifying the use of deadly force, the Act[] potentially deprives all Georgia[n]s of the right to life without due process of law." Hutchins v. Deal

• Former patient of a Rhode Island doctor sues him for featuring her in a book about drug addiction. "Plaintiff had expected, as any reasonable patient would, that her private conversations during her treatment sessions with the Defendant would remain private and confidential."
Lisnoff v. Stein

• Class action alleges the YMCA deceives consumers by representing that it practices "Christian" values while allowing its gyms to be used for gay sex trysts. "YMCAs around the country ... are currently being used as brothels for cruising, with the YMCA's knowledge and implicit consent."
Keister v. YMCA

• Social workers are not liable for a sexual assault on a 5-year-old boy by a 16-year-old male placed in an adoptive home. "To rule against the individual defendants in this case would definitely break new ground."
Doe v. Braddy

• Student sues college for refusing to grant her the "reasonable accommodation" of a single room after she complained about her roommate's exhibitionist behavior.
Blankmeyer v. Stonehill College

• School district can be sued over a guidance counselor's sexual relationship with a student who was over the age of consent. "The inherent imbalance of power between a guidance counselor in a public school and a student may render opportunistic sexual predation sufficiently shocking, even with a 'consenting' student over sixteen, to form the basis of a substantive due process claim."
Doe v. Fournier

• Utah judge finds a "credible threat" that Utah County officials will prosecute a polygamist and his wives for bigamy. The officials' acts "suggest that an actual prosecution of Plaintiffs is forthcoming."
Brown v. Herbert

• Louisville, Ky., strip club sues a competitor for displaying an electronic sign outside a convention center that said "Don't go to Godfathers, their girls are ugly and have crabs."
The Godfather v. Trixie's Lounge

• A lawyer cannot sue two women he dated for posting derogatory comments about him on liarscheatersrus.com. "[W]hen viewed within the larger context of the website on which they were posted, there can be no doubt that a reasonable reader would understand the comments to be opinion." Coulotte v. Ryncarz

• 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




Alltop_125x125.jpg







"Girls Gone Wild" Plaintiff Admits Making Porn Films Print

With trial only weeks away in a lawsuit accusing "Girls Gone Wild" mogul Joe Francis of sexually exploiting minors, the plaintiff with perhaps the strongest claim has admitted she appeared in two pornographic films despite her previous denials.

Joe Francis

What impact the admission of the plaintiff known only as “Plaintiff B” will have on the trial is as yet unclear. She apparently appeared in the films after employees of Francis videotaped her engaging in sexually explicit conduct with another minor female in March 2002.

But in a motion filed Jan. 11, Francis called the new evidence “damaging” and said the plaintiff's failure to disclose it earlier is part of “a disturbing pattern among the Plaintiffs and one that this court should not tolerate particularly since Defense counsel specifically requested such information over eight months ago in properly served discovery.”

Francis's lawyers questioned Plaintiff B at a deposition Jan. 20 but she apparently provided few details about the films. “[I]t appears ... that Defendants are seeking additional avenues to obtain the information Plaintiff B was unable to recall at her deposition,” U.S. Magistrate Judge Allan Kornblum noted in a Feb. 1 order.

Francis hasn't exactly been a model of discovery compliance himself. Earlier this month, U.S. District Judge Richard Smoak ordered him to pay $58,614 in plaintiffs' attorney fees and expenses for discovery violations.

Plaintiff B, now 25, is one of four minors who sued Francis in March 2008 for sexual abuse and exploitation. She performed for the popular “Girls Gone Wild” video series in a Panama City, Fla., hotel room during a spring break vacation, alleging in the complaint that she was coerced into mutual masturbation and sexual contact with a female friend.

While the video footage of the other plaintiffs shows them briefly exposing their breasts, the footage of Plaintiff B is more explicit and, according to the trial judge, “extremely lengthy,” making her claim for damages potentially the most expensive for Francis. He has previously pleaded guilty to criminal charges relating to her case.

According to a court document, Plaintiff B initially told the defense in May 2009 that she had only appeared in the mainstream films “Starsky and Hutch” and “Spider-Man 2” as an extra. But on Jan. 6 –- two days before the close of discovery –- plaintiffs' counsel advised the defense that

Plaintiffs’ counsel had just learned that one of the Plaintiffs has appeared in two pornographic films despite having denied this in depositions and responses to interrogatories.

Plaintiff B provided only this written response to the defense's request for additional information about the films:

PB believes she was videotaped on one or two separate occasions subsequent to the incident alleged by her in the Amended Complaint. She believes this included sexually explicit conduct. She does not know where the taping took place or who created the video. She does not have a copy of any such video and does not know who does have a copy.

In another brief, Francis said that response was insufficient, asking, “Did she get paid for these videos? By whom? Was she paid by check? Who signed the checks? Did she deposit them? Were others filmed with her. There must be something more she can tell us about these videotapes.”

Judge Smoak has scheduled a closed hearing later this week on a defense motion to admit evidence under a federal rule that allows evidence of a plaintiff's “past sexual behavior or alleged sexual predisposition” to be presented to a jury if its probative value outweighs any prejudice to the plaintiff. Trial in the case is set for Feb. 22.

Plaintiff B's lawyers could certainly argue that the films are not admissible because they were made after her “Girls Gone Wild” appearance.

On Feb. 5, a Los Angeles judge dismissed Francis's countersuit for defamation against a woman who has accused him of assaulting her during an altercation at a nightclub. He has settled other suits filed by “Girls Gone Wild” performers.

UPDATE

  • Judge Smoak has postponed the trial after the plaintiffs appealed a ruling denying them anonymity during the trial. "[A]ny social stigma that might attach to the Plaintiffs in this case is no different than that in the sexual discrimination or sexual harassment cases common in this district, where the plaintiffs are always named," the ruling said.



  • This story linked by:


    By Matthew Heller
    2/10/10


     

    Editor's note: On Point's RSS feed has moved to this link.

    rc_insidestories
    • Hotel Sued Over Slaying of Escort by 'Craigslist Killer'

      The mother of a prostitute slain by the “Craigslist killer” at a Marriott hotel in Boston has alleged in a first-of-its-kind lawsuit that the hotel's operator is liable for her daughter's death because it failed to prevent prostitution from occurring on its premises.
      Read more...
    • Court Extends Doctors' Liability for Prescription Gaffes

      The Utah Supreme Court has given a boost to the battle against prescription drug abuse by ruling that medical professionals can be sued over injuries to a nonpatient that were allegedly caused by  drugs they carelessly prescribed to patients.
      Read more...
    • Girl's Slaying Tests Cruise Line Liability

      The family of a 15-year-old girl who was killed in the crossfire of a gang shootout on a Caribbean island has asked an appeals court to reinstate a lawsuit that tests the liability of cruise ship operators for onshore injuries to passengers.
      Read more...
    • Bystander Claims "Swoon and Fall" Injuries at Church

      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.
      Read more...
    • 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...
    RC_OnFile

    U.S. v. Arpaio
    Subject: Civil rights
    Document: Complaint

    Schultz v. Medina Valley
    Subject: School prayer
    Document: Non-Kumbaya order

    Chopourian v. Catholic Healthcare
    Subject: Sexual harassment
    Document: Verdict

    Jackson v. Paula Deen
    Subject: Sexual harassment
    Document: Complaint

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

    more

    RC_OnTrial

    Peterson/Pryde v. Thyden
    Court: Montgomery (Va.) Circuit
    Subject: Virginia Tech shootings
    Verdict: $8 million

    Sheridan v. Cherry
    Court: L.A. Superior
    Subject: Wrongful termination

    more


    RC_OnTheDocket

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

    more