• Owners of Who Dat?, Inc. sue the NFL and the New Orleans Saints for trademark infringement, seeking to protect the mark that "has become one of the most recognizable in all of America and quickly became well-known around the world."
Who Dat?, Inc. v. NFL Properties
• Army bomb disposal expert sues the makers of "The Hurt Locker" for plagiarizing his life story. The film is "nothing more than the exploitation of a real life honorable, courageous, and long serving member of our country’s armed forces, by greedy multi-billion dollar 'entertainment' corporations."
Sarver v. The Hurt Locker
• Former patient sues the Cincinnati hospital where he was sexually assaulted by a transgender nurse. The nurse's "employment while masquerading as a member of the female gender in a hospital environment involved an unreasonable risk of harm to others."
Evans v. University of Cincinnati
• Federal judge enjoins the City of Phoenix from enforcing a noise ordinance against "sound generated in the course of religious expression," finding the right of churches to ring bells outweighs "the City's interest in preserving the peace and tranquility of its neighborhoods."
St. Mark Roman Catholic Parish v. City of Phoenix
• 5th Circuit says a Texas city's junked vehicle ordinance applies to a cactus planter made out of wrecked Oldsmobile 88. "Irrespective of the intentions of its creators ... the car-planter is a utilitarian device, an advertisement, and ultimately a 'junked vehicle.'"
Kleinman v. City of San Marcos
• Oklahoma City bomber Terry Nichols notifies a federal judge that he has gone on hunger strike, saying he is "prepared to die if necessary because he is done allowing his body to be defiled by [ ] refined and dead foods."
Nichols v. Federal Bureau of Prisons
• Texas judge finds the makers of a film about Rin Tin Tin did not infringe on the trademarks of a breeder of German Shepherds. "Defendants['] title 'Finding Rin Tin Tin: The Adventure Continues" is a fair use of the term 'Rin Tin Tin.'"
Rin Tin Tin, Inc. v. First Look Studios
• 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
 
|
|
Judge Blasts Lawyer for "Disrespectful Cockalorum" |
 |
 |
Judge Blackburn
A Colorado judge could hardly have been more bombastic himself in chastising a plaintiff's attorney for the “disrespectful cockalorum, grandstanding, bombast, bullying, and hyperbole” that he exhibited during a recent trial.
“In over nineteen years [on the bench], I have seen nothing comparable,” U.S. District Judge Robert E. Blackburn said of the conduct of attorney Mark E. Brennan, going on to order a new trial because “counsel's froward misbehavior unfairly prejudiced the jury’s verdict.”
Brennan's client in an age discrimination case had won the largest verdict in memory against the Denver fire department. A jury last year awarded $1.2 million to former firefighter Bill Cadorna, finding the city liable for failing to rehire him after he was falsely accused of shoplifting.
In moving for a new trial, the defense listed no fewer than 80 separate instances of misconduct by Brennan. “Although I do not agree that all of these discreet instances or categories were objectionable, let alone prejudicial, many were,” Blackburn said in his ruling.
Among other things, the judge found Brennan had repeatedly “proceed[ed] insouciantly” with questioning of witnesses when an objection was pending and “interjected inappropriate -– ofttimes mordaciously sarcastic –- editorial comments into the record.”
While questioning a witness nicknamed “Lurch” by his fellow firefighters, Brennan asked, “Now, about your wedding. Did you invite the Addams family?”
“The cold transcript does not convey adequately the Gestalt of what transpired during this trial,” Blackburn fumed. “Repeatedly, by words, tone of voice, facial expressions, and body language, Mr. Brennan made manifest his most profound contempt for the court, the City and County of Denver, the Denver Fire Department, opposing counsel, and ultimately, the entire legal system.”
But Blackburn makes manifest a propensity for turgid language. Not content with foisting “cockalorum” (meaning, boastful talk), “froward” (willfully disobedient) and “mordaciously” (bitingly) on the reader, he may be the first judge to use both “contumelious” (scornful) and “contumacious” (pigheaded) in the same opinion.
The following table provides more examples (in italics) of Blackburn's bombast and their translation:
| Quote |
Translation |
|
Despite ingravescent remonstrations from the court, Mr. Brennan persisted unregenerately in this highly improper and prejudicial practice.
|
Despite increasingly severe remonstrations from the court, Mr. Brennan persisted stubbornly in this highly improper and prejudicial practice.
|
|
His recusant practice continued unabated.
|
His insubordinate practice continued unabated.
|
|
[H]e attempted disaffectedly to argue the merits of my ruling.
|
[H]e attempted resentfully to argue the merits of my ruling.
|
|
I am convinced beyond question that the fairness of the trial was inquinated irreparably.
|
I am convinced beyond question that the fairness of the trial was contaminated irreparably.
|
The ruling does not appear to be simply a mordacious parody of Brennan's courtroom rhetoric. In a previous order finding Brennan in contempt of court, Blackburn used the words “expatiate” (explain) and “contumaciously.”
By Matthew Heller
10/8/07 
|
|
-
Perfume Allergy Case Settles for $100,000
A Detroit city planner with an allergy to perfume is savoring the sweet smell of legal success after the city agreed to pay her $100,000 and be more sensitive to the chemically sensitive.
Read more...
-
Teen's Suit Puts Mug-Shot Publisher Against the Wall
A new publication in Lincoln, Neb., milks mug shots for humor. But a teenager whose arrest photo appeared in Cuffed doesn't see the funny side of it and has sued the publisher for misappropriating his image.
Read more...
-
BA Settles 'Reckless' Baggage Handling Suit
Limiting its liability to a group of only 13 airline passengers, British Airways (NYSE: BAY) has settled a first-of-its kind lawsuit that accused the airline of being “inexcusably reckless” in its handling of passengers' baggage.
Read more...
-
Judge Says "Gay" Still Defamatory in Texas
What one court has called “a veritable sea change in social attitudes about homosexuality” has evidently not reached Texas where a judge ruled that an airport security guard can sue a radio show host for calling him “gay” on the air.
Read more...
-
Mom Says Hospital Gave Her Wrong
Baby to Nurse
Because of a hospital's error, Jennifer Spiegel became an involuntary wet nurse to another woman's newborn son. Now she is suing the hospital for its malpractice in providing her with the wrong baby to breastfeed.
Read more...
-
Case Over MySpace Page Chills Student Speech
Several recent court rulings have been protective of off-campus student speech -– with the exception of a very shaky decision that a dissenting judge said “vests school officials with dangerously overbroad censorship discretion.”
Read more...
-
Motorist Who Flipped off Cop Gets $50K From City
The citation of a motorist for displaying his middle finger to a police officer -– what a judge described as a “somewhat innocuous” gesture -- turned out to be quite expensive for the City of Pittsburgh as it agreed to pay $50,000 to the bird-flipper.
Read more...
|
Newdow v. Rio Lindo Union Sch. Dist.
Subject: Pledge of allegiance
Document: Opinion
Vance v. Rumsfeld
Subject: Detainee abuse
Document: Opinion
Stern v. Sony Corp.
Subject: Disabled gamers
Document: Opinion
Churchill v. Univ. of Colorado
Subject: Academic freedom
Document: ACLU amicus brief
KBR/Halliburton v. Jones
Subject: Sexual assault
Document: Petition for review
more
|
|
Spears v. Allergan, Inc.
Court: Orange County (Calif.) Superior
Subject: Botox death
Verdict: Defense
Patterson v. Hudson Area Schools
Court: USDC, E. Mich.
Subject: Student harassment
more
|
|
McClain v. Pfizer, Inc.
Date: 3/2/10
Court: USDC, Conn.
Hearing: Jury trial in case over unsafe lab conditions.
Sherman v. McDonald's Corp.
Date: 3/23/10
Court: Washington County (Ark.) Circuit
Hearing: Jury trial in case over nude photos.
more
|
|
|
