U.S. v. Arizona
Arizona judge enjoins enforcement of a new immigration law's requirement that police determine the immigration status of
every person who is arrested.
McGuire v. United Airlines
Michigan woman says a United Express flight crew locked her in a plane for nearly four hours after it landed because they failed to ensure that all passengers had disembarked.
R.H. v. Schenectady Sch. Dist.
Middle school student says he was suspended for wearing rosary beads because the rosary "is considered a gang-related symbol" and cannot be worn in school.
Fields v. Smith
Judge strikes down a law that bars transgender prison inmates from receiving hormone therapy at taxpayers' expense, finding it amounts to cruel and unusual punishment.
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• 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

• Boston judge slashes a jury award in an illegal music downloading case from $675,000 to $67,500. "The award in this case ... lacks any rational foundation and smacks of arbitrariness." Sony v. Tenenbaum

• Iowa Supreme Court suspends a voyeuristic attorney indefinitely for peeping on women through windows. "[W]e cannot overlook the serious, egregious, and persistent nature of [Mark] Templeton’s misconduct and the effect it had on his victims."
Disciplinary Board v. Templeton

• Pennsylvania judge strikes down the state's blasphemy law in a case brought by a film producer who wanted to name his company "I Choose Hell Productions." "'Choosing hell' may be an irreverent choice for a corporate name, but under the Constitution, this fact alone cannot be the basis for its suppression from the public debate." Kalman v. Cortes

• Cancer patient sues Wal-Mart for firing him after discovering that he uses medical marijuana for pain relief. "[N]o corporation doing business in Michigan should be permitted to flout state laws protecting patients who use medical marihuana in accordance with state law." Casias v. Wal-Mart Stores

• 11th Circuit rules that the operator of an Internet porn dorm was engaged in illegally operating a business in a residential zone. "Business objectives are the sole reason individuals are paid to live and engage in sexual activities at the 27th Street residence."
Flava Works v. City of Miami




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Jury Awards $6.7M over Failure to Disclose Herpes Print

Rejecting a wealthy businessman's testimony that he told a California woman about his genital herpes infection before they became sexual partners, a jury has ordered him to pay her more than $6.7 million for negligent transmission of the disease.

The award includes $2.75 million in punitive damages, which means the jury concluded that Tom Redmond, 77, acted outrageously and recklessly in failing to advise Patricia Behr, 56, that he was infected when they began having sex in October 2003. She tested positive for the virus after they broke up in July 2004.

The trial in Riverside County (Calif.) Superior Court lasted 11 days, with the jury also awarding Behr $2.5 million in compensatory damages for future medical expenses and $1.5 million for pain and suffering -- and ownership of a 2004 BMW which Redmond claimed he had only given her as a loan, not a gift..

A press release issued earlier this week did not identify the parties, but On Point identified them from court records.

Redmond may be one of the wealthier people ever to be involved in such a case. At the time he met Behr, a court document says, he had recently sold his hair care products company “for many millions ... owned beautiful homes in several locations, had a private jet, and enjoyed the trappings of his hard-earned wealth.”

He flew by the private jet from his home in Minnesota to Palm Springs to have lunch with Behr -- the mother of actor Jason Behr -- on their first date.

According to court papers, nearly $129,000 of Redmond's money went into funding a start-up furniture design business for Behr. He backed out of the venture in April 2005 -– a few months before she sued him.

Unlike a pending case in which former New York Met Roberto Alomar denies being infected with HIV, Redmond conceded that he contracted herpes some 30 years ago. A key issue was when he told Behr about his infection.

“Much of this case is 'he said-she said,'” he said in a court document.

In her complaint, Behr said she first had sex with Redmond after a “frank discussion” in which he told her about his “sexual limitations,” but “did not inform Plaintiff that he was infected with an incurable venereal disease.” Even though he knew “herpes could be prevented, at least in large part, by the use of condoms,” he did not use one.

In February 2004, the suit said, Redmond told Behr about his infection and that he thought he was having an active outbreak. But the following day, they again had unprotected sex after he said he was mistaken about having an active outbreak.

“Defendant ... knew or should have known that he could infect Plaintiff with herpes whether or not he was having an active outbreak of herpes,” Behr alleged.

Redmond insisted that he told Behr about his herpes before their first sexual encounter. He also suggested in court papers that she accused him of infecting her to retaliate against him for terminating their business relationship.

“The suit was the first time she accused Tom Redmond of giving her Herpes,” the document states.

The jury obviously went with the “she said” side of the story, finding in its verdict that Redmond did “fraudulently conceal his genital herpes from Patricia Behr before he had sexual intercourse with her.” It also cleared Behr of any contributory negligence for her infection.

“This verdict is a clear message to all persons infected with a sexually transmitted disease that this type of behavior simply will not be tolerated,” Behr attorney Shaun M. Murphy of Palm Springs said.

Defense attorney Robert M. Frisbee of Phoenix said Redmond will appeal. "The jury decided they didn't like a wealthy man for no particular reason I can find out," he said. "It's not based on reason or common sense."

Redmond Products -– which marketed its shampoos and conditioners under the Aussie brand -- had annual sales of about $130 million when Redmond sold it to Bristol-Myers Squibb Co. in 1997. He married another woman after breaking up with Behr.

UPDATE

  • Redmond filed a motion for a new trial Feb. 27, 2009. A hearing on the motions is set for April 17.



  • By Matthew Heller
    2/25/09


     
    rc_insidestories
    • 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.
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    • Jury Goes 'Wild' in Woman's Privacy Case Over Video

      A Missouri jury has gone wild in a case of involuntary nudity, finding that a woman consented to appearing topless in a “Girls Gone Wild” video by playing to the camera before another person pulled her top down.
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    • Actress Facing $750K Award to Therapist

      Soap opera star Hunter Tylo may have to pay more than $750,000 in damages and attorney fees to a psychotherapist whom she sued more than four years ago for negligent treatment of her children, On Point has learned.
      Read more...
    • Reporter Sues Hotels Over Peephole Videos

      In an unusual premises liability case, ESPN reporter Erin Andrews has sued the operators of three hotels for allowing a stalker to surreptitiously videotape her naked through peepholes in the doors to her rooms.
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    • Students Challenge Rubber Fetus Ban

      The suspensions of seven pro-life students at two Roswell, N.M., high schools for distributing rubber fetuses have given birth to a lawsuit that takes the First Amendment protections for student speech into uncharted territory.
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    • Distress Claim Barred in Hotel 'Ménâge à Trois' Case

      A former employee of a luxury Miami Beach hotel who says her billionaire boss invited her to join him in a “ménâge à trois” cannot sue him for infliction of emotional distress, a judge has ruled, finding his alleged behavior, while “obnoxious,” was not “objectively outrageous.”
      Read more...
    • Chuck E. Cheese Settles Molesting Mascot Suit

      A Missouri woman who claimed a Chuck E. Cheese mascot groped her breast has settled her lawsuit against the operator of the restaurant chain, On Point has learned.
      Read more...
    RC_OnFile

    Stovell v. James
    Subject: LeBron's paternity
    Document: Complaint

    U.S. v. Arizona
    Subject: Illegal immigration
    Document: Complaint

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    Document: Complaint

    Smith v. Hooters
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    Document: Complaint

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    Document: Opinion

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    RC_OnTrial

    Rosenberg v. Musical Arts Assn.
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    RC_OnTheDocket

    Jose Padilla v. John Yoo
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    Date: 6/16/10
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