• Parents of a 10-year-old boy who witnessed a killer whale's fatal attack on a trainer sue Sea World Orlando for infliction of emotional distress. "Without question, it was reasonably foreseeable and in fact predictable that an attack such as this one by a killer whale with the tendencies of Tilikum was inevitable." Connell v. Sea World
• Denver judge dismisses Oklahoma City bomber Terry Nichols's civil rights claims against prison officials for denying him a high-fiber diet.
Nichols v. Federal Bureau of Prisons
• Illinois teenager with cerebral palsy sues the Special Olympics for refusing to let her play basketball with the help of a service dog.
Youngwith v. Special Olympics
• Montana judge sets aside a government decision removing protections for the northern Rocky Mountain gray wolf. The Endangered Species Act "was not intended to sow the dragon's teeth of strife or to plant the seeds of future conflicts that have given rise to this case."
Defenders of Wildlife v. Salazar
• San Francisco judge dismisses a cereal consumer's false advertising suit. "[T]here is nothing in the packaging or marketing of Cap’n Crunch that would in any way deceive a reasonable consumer into believing that the cereal contains or derives nutritional value from real fruit." Werbel v. PepsiCo
• Iowa judge says a sheriff denied the applications of a father and son for concealed weapons permits in retaliation for their political activism. "This is a great reminder that the First Amendment protects the sole individual who may be a gadfly, kook, weirdo, nut job, whacko, and spook, with the same force of protection as folks with more majoritarian and popular views." Dorr v. Weber
• 5th Circuit rules that a school district violated the religious freedom of a Native American boy by requiring him to wear his long hair in a bun on top of his head or in a braid tucked into his shirt. The boy "has a sincere religious belief in wearing his hair uncut and in plain view."
A.A. v. Needville Ind. Sch. Dist.
• 11th Circuit denies a challenge to an ordinance restricting handouts of food to the homeless in Orlando parks. "[W]e are unpersuaded that the conduct of simply feeding people ... is expressive for First Amendment purposes."
First Vagabonds Church v. City of Orlando
 
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Judge Blasts Lawyer for "Disrespectful Cockalorum" |
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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 |
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Despite ingravescent remonstrations from the court, Mr. Brennan persisted unregenerately in this highly improper and prejudicial practice.
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Despite increasingly severe remonstrations from the court, Mr. Brennan persisted stubbornly in this highly improper and prejudicial practice.
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His recusant practice continued unabated.
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His insubordinate practice continued unabated.
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[H]e attempted disaffectedly to argue the merits of my ruling.
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[H]e attempted resentfully to argue the merits of my ruling.
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I am convinced beyond question that the fairness of the trial was inquinated irreparably.
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I am convinced beyond question that the fairness of the trial was contaminated irreparably.
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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 
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Off With His Head! Woman Sues 'Mad Hatter' Actor
Experimental theater clashes with premises liability law in the case of a Kentucky woman who claims she was injured while watching a performance of a circus-inspired play when one of the actors balanced his knee on her head.
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Charity Worker Accuses CEO of Hypnotic Seduction
A former charity worker may be pushing the limits of sexual harassment law by alleging that her boss required her to participate in “relaxation sessions” on his “magic couch” during which he hypnotized and molested her.
Read more...
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Appeal is Expert's Latest Challenge to Judges
Expert witness Dr. David Egilman was previously successful in showing he had standing to appeal a judicial order in a case in which he was not a party — but that case may not help him in his latest challenge to a trial judge.
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Plaintiff's Expert Files Appeal in 'Popcorn Lung' Lawsuit
A controversial expert witness for plaintiffs has filed an unusual non-party appeal of a Washington state judge's decision finding his theory that snackers can contract lung disease from exposure to microwave popcorn is not scientifically sound.
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Philly School Sued Over Race Attack on Student's Mom
Taking civil rights law to what may be an extreme, an Asian-American woman is alleging a Philadelphia high school's tolerance of racism rendered her “helpless prey” to African-American students who attacked her when she picked her child up from the school.
Read more...
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'McSteamy' Sex Tape Suit Cools off With Settlement
Acting couple Eric Dane and Rebecca Gayheart have dropped a $1 million lawsuit against Gawker.com for publishing a videotape featuring them in a nude threesome with a friend after the gossip website agreed to take down the much-viewed posting.
Read more...
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Sex Harassment Claims Hit Actor Affleck, 'Bones' Star
A producer of a film about actor Joaquin Phoenix, an extra on the set of the TV show “Bones,” an assistant property master, and a makeup artist are among the plaintiffs in a recent epidemic of lurid Hollywood lawsuits.
Read more...
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Arnaout v. Warden
Subject: Muslim inmate prayer
Document: John Walker Lindh declaration
Marriage of J.B. and H.B.
Subject: Same-sex divorce
Document: Opinion
Stovell v. James
Subject: LeBron's paternity
Document: Complaint
U.S. v. Arizona
Subject: Illegal immigration
Document: Complaint
Rosenberg v. Google
Subject: Negligent navigation
Document: Complaint
more
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McCourt v. McCourt
Court: L.A. Superior
Subject: Dodgers divorce
Pom Wonderful v. Welch Foods
Court: USDC, C. Calif.
Subject: False advertising
more
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McCourt v. McCourt
Date: 8/30/10
Court: L.A. Superior
Hearing: Dodgers divorce trial
more
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