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.
Lopez v. O'Neal
Florida model sues Shaquille O'Neal for cyber-stalking, saying the NBA star hacked into her text messages and voice mails after she
broke off their affair.
Sapir v. Cruise
Tabloid magazine publisher alleges a private investigator working for Tom Cruise secretly recorded conversations between the actor and Nicole Kidman before their divorce.
Baxter v. Montana
Montana Supreme Court finds "no indication in Montana law that [physician-assisted suicide for] terminally ill, mentally competent adult patients is against public policy."
lc_search
LC_DayByDay

 Jan   February 10   Mar

SMTWTFS
   1  2  3  4  5  6
  7  8  910111213
14151617181920
21222324252627
28 
Julianna Willis Technology
LC_BySubject
OnTheMap

rss

LC_ExtraPoints

• 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

• 3rd Circuit rules that a couple can sue Google for trespassing on their property while photographing it for the Street View feature. "[T]he Borings have alleged that Google entered upon their property without permission. If proven, that is a trespass, pure and simple."
Boring v. Google

• Minnesota judge reduces a jury award of copyright infringement damages against an illegal music file sharer from $2 million to $54,000. "The need for deterrence cannot justify a $2 million verdict for stealing and illegally distributing 24 songs for the sole purpose of obtaining free music."
Capitol Records v. Thomas-Rasset

• Special master says Texas Court of Criminal Appeals Judge Sharon Keller's conduct on the day of an execution was "not exemplary," but "she did not engage in conduct so egregious that she should be removed from office."
In re Honorable Sharon Keller

• New Jersey appeals court says a female business owner can sue a male customer for refusing to do business with her unless she gave him sexual favors. "The quid pro quo sexual harassment alleged in the complaint, if legally permitted, would stand as a barrier to women's ability to do business on an equal footing with men."
J.T.'s Tire Services v. United Rentals

• New Mexico judge says a photographer may be compelled to photograph a same-sex commitment ceremony despite her religious convictions because she "is not being forced to participate in any ceremony or ritual; the only requirement is that she photograph the event."
Elane Photography v. Willock

• Tennessee judge rules that the PGA Tour does not have to accommodate a golfer by allowing him to take testosterone shots. Doug Barron "has not shown that the 'reasonable accommodation' he has requested ... is necessary in order for him to continue playing golf in PGA Tour events."
Barron v. PGA Tour

• 6th Circuit says two high school basketball coaches did not use excessive corporal punishment in paddling a player. One of the coaches "testified that he only paddled Martin [Nolan] a total of ten times during Martin’s tenure at Hamilton [High School]."
Nolan v. Memphis City Schools

• Wrongful-death lawsuit alleges a cell phone company is liable for a fatal auto accident allegedly caused by a customer who was driving while "engrossed" in a cell phone conversation. Sprint/Nextel "failed to warn of the hazard of cell phone use while driving."
Estate of Doyle v. Sprint/Nextel


The 2009 Weblog Awards





Alltop_125x125.jpg

 

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


     
    rc_insidestories
    • Dancer Strips Club of $100K in DUI Case

      A former stripper has won a $100,000 award in an unusual employment law case as a jury found a Birmingham, Ala., strip club liable for allowing her to drive home from work “in a highly intoxicated state.”
      Read more...
    • Halliburton Takes Swing at Alleged
      Rape Victim


      Perhaps befitting the former employer of Dick Cheney, KBR/Halliburton has taken the low road in asking the U.S. Supreme Court to bar a former employee from having a public trial of her claims that she was gang raped by co-workers in Iraq.
      Read more...
    • Tenant's Gripe Tweet Too Vague to be Libel

      A Chicago judge has dismissed the first libel case involving a single Twitter posting, finding that an apartment renter's gripe about her landlord was too vague and imprecise to be construed as defamatory.
      Read more...
    • Copperfield Wants U.S. to Keep Evidence From Accuser

      Magician David Copperfield has some sharp words for federal prosecutors who have refused to acknowledge that they dropped a sexual assault investigation against him because of the accuser's lack of credibility.
      Read more...
    • Hotel Exec Settles Drug Death Case

      The former CEO of a luxury hotel operator has quickly settled a lawsuit accusing him of causing the drug overdose death of his girlfriend, On Point has learned –- even though he describes the allegations as “slanderous and bogus.”
      Read more...
    • Bingo for "Bruno!" Baron Cohen KO's Verbal Spat Case

      A California judge has dismissed a verbal assault case against comedian Sacha Baron Cohen, finding that a woman initiated a confrontation with him during the filming of a scene for the movie “Brüno” and “not vice versa.”
      Read more...
    • "No Sex Involved" in Orgy Viewing Case, Hotel Insists

      A former manager at the Hilton Minneapolis who claimed she walked in on an orgy at a company sales conference has “sensationalized” what was only “some questionable behavior,” the hotel's owner says in arguing that her sexual harassment case should not go to trial.
      Read more...
    RC_OnFile

    North Face Apparel v. The South Butt
    Subject: Trademark infringement
    Document: Answer to complaint

    Stern v. Sony Corp.
    Subject: Gamer's rights
    Document: Motion to dismiss

    Rossiter v. Evans
    Subject: STD infection
    Document: Opinion

    Sanford Siegal v. Kim Kardashian
    Subject: Twitter libel
    Document: Complaint

    Bryan v. McPherson
    Subject: Excessive Taser force
    Document: Opinion

    more

    RC_OnTrial

    Spears v. Allergan, Inc.
    Court: Orange County (Calif.) Superior
    Subject: Botox death

    Putnam v. Morning Star Boys' Ranch
    Court: Spokane County (Wash.) Superior
    Subject: Sexual abuse

    more


    RC_OnTheDocket

    Plaintiff B v. Joe Francis
    Date: 2/22/10
    Court: USDC, N. Fla.
    Hearing: Jury trial in sexual abuse case.

    CBS v. FCC
    Date: 2/23/10
    Court: 3rd Circuit
    Hearing: Oral arguments in "Nipplegate" case.

    more