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.




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Hotel Alleges “Graphic” Graffiti a Construction Defect Print


In what may be the first case of a sexually explicit construction defect, the owner of a historic Kansas City, Mo., hotel is alleging that “graphic markings” left by a contractor on unfinished sheetrock walls have “bled through” vinyl wall covering, causing “significant damage” to the hotel's reputation.

A lawsuit filed earlier this week by Marcus Hotels says the contractor, Walton Construction Co. of Kansas City, is liable for the graffiti at the Hotel Phillips, which allegedly includes “caricatures of male genitalia” and a drawing of a nude female and has “resulted in a number of customer complaints.”

According to the complaint, Walton also breached its promise to “deliver a defect-free project” by failing to remove or pre-treat its employees' artwork before the vinyl wall covering was applied to the sheetrock. The hotel –- an Art Deco landmark which boasts a “tradition of class and distinction” -- reopened in 2001 after a $28 million renovation.

“Over a period of years following completion of the project, the markings ... have bled through the VWC in various locations and rooms throughout the Hotel,” the suit says. Repair costs have been estimated at “well in excess of $200,000” and

The defective construction work, due to the sexually explicit nature of the defect, has also caused significant damage to the Hotel's reputation and status in the community and industry.

The Hotel Phillips, which opened in 1931, had fallen on hard times when the renovation project began in September 2000. Walton was the “at risk” construction manager on the project, responsible not only for its own employees but also for those of its subcontractors.

During the construction, the suit says, workers marked up the unfinished sheetrock with “measurements, room numbers, and locations for plumbing tie-ins, sprinklers, smoke detectors and other fixtures.” Some also allegedly used their “'Sharpie' or 'magic' type markers” for “personal comments,” “football plays” and the more graphic hieroglyphics.

Rolls of VWC carry instructions for preparing surfaces so ink markings or any other “foreign matter” do not bleed through the vinyl. But according to Marcus, “Walton's subcontractor, Rogers Painting Co., applied the VWC to the walls without any attempt to remove or pre-treat the permanent marker stains.”

Milwaukee-based Marcus specializes in “restoring once elegant hotels to their original splendor.” Rooms at the Hotel Phillips, winner of a AAA four-diamond award, start at about $189 -– with, apparently, no discount for those where the graffiti has surfaced.

 

This story linked by:


By Matthew Heller
1/20/09


 
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