Lohan v. E-Trade
Actress Lindsay Lohan alleges a TV ad featuring a "milkaholic" baby named Lindsay used her name and personality for advertising purposes without her consent.
Irvin v. Mustafa
NFL Hall of Famer Michael Irvin files a countersuit against a woman who accused him of rape, alleging she is a "morally-bankrupt individual" who is trying to ruin his career.
Robbins v. Lower Merion SD
High-school student accuses a school
district of spying on him and other students
by remotely activating webcams contained in school-supplied laptops.
Peterson v. Grisham
10th Circuit finds John Grisham did not defame three Oklahoma law enforcement officials in a book about the wrongful convictions of two men for a rape-murder.
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• 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




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Judge to Hear Challenge to $6M Herpes Case Award Print

Patricia Behr's relationship with Thomas Redmond was the focus of a trial that ended with a jury finding he negligently infected her with genital herpes. Her relationship many years earlier with another man could determine whether the jury's $6.7 million verdict stands.

Ronald Ramsdell

A Riverside County (Calif.) Superior Court judge will hear Redmond's motion for a new trial April 17. And Redmond appears to be pinning his hopes on Ronald Ramsdell, a Minneapolis entrepreneur who came forward as a witness after he heard about the verdict, alleging Behr infected him with herpes long before she met Redmond.

“In 1989, Patricia Behr not only admitted she had herpes, she also gave it to me,” Ramsdell said in an affidavit.

Redmond began a sexual relationship with Behr in October 2003. After an 11-day trial, the jury found him liable in January for failing to tell her he had herpes before their first sexual encounter and awarded her $2.75 million in punitive damages.

“[T]here can be no more material evidence than that Thomas Redmond could not have infected Patricia Behr with herpes because she already had it,” defense attorney Robert M. Frisbee has said in a brief.

But Behr attorney Shaun M. Murphy filed a blistering response to Ramsdell's affidavit, saying it “presents nothing more than hearsay, speculation and lies” and portraying him as a “violent abuser of women and children” who has “seized on an opportunity to further harass and abuse [Behr].”

Two of Behr's sons provided affidavits, with Andrew Behr saying he witnessed an incident in 1992 when Ramsdell pinned his mother to the floor and choked her. “I think Ron is a very disturbed and dangerous man,” he concluded.

Another of Behr's sons is actor Jason Behr. He has so far remained silent in the no-holds-barred litigation, which was kept under wraps until Murphy issued a press release about the verdict in February.

Behr tested positive for herpes after she broke up with Redmond. But according to Ramsdell, the founder of College Aid Consulting Services in Minneapolis, he confronted her while they were dating after noticing “some small white blisters in my groin and pubic area.”

She initially denied having herpes, Ramsdell said in his affidavit, but when he suggested they both get tested, she “stopped arguing, said there was no need to have tests, and admitted that she did in fact have herpes.”

In the response brief filed March 30, Murphy said Redmond had failed to present evidence showing that “Behr previously had herpes and that Ramsdell got it from her. There is no medical proof that Ramsdell has herpes, when he contracted it, or that he even contracted it from Behr.”

Since then, Redmond has filed a doctor's report showing he visited a doctor March 19 and tested positive for the virus. He also denies choking Behr, claiming she “had a vile temper” and “was physically abusive to me.”

“None of Behr's affidavits address the core issue -– whether Behr gave Ramsdell herpes long before she ever met Tom Redmond,” Frisbee says in a brief.

But Ramsdell's medical report does not address when he contracted herpes or show he got it from Behr. So in what amounts to a credibility contest, Retired Judge William E. Burby may well decide not to disturb the jury's verdict.

UPDATES

  • Judge Burby denied the new trial motion at the April 17 hearing, finding substantial evidence to support the jury's verdict. He declined to consider the "newly discovered evidence" obtained from Ramsdell because Redmond did not include it in the original new trial motion.

  • Redmond filed a notice of appeal May 12, 2009.



  • This story linked by:


    By Matthew Heller
    4/16/09


     
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