John Doe A v. Penn State
First Penn State scandal lawsuit says Coach Jerry Sandusky sexually abused a boy more than 100 times and the abuse was enabled by the school's "negligent oversight."
Bradley v. Lohan
Former Betty Ford Center employee sues Lindsay Lohan for assault, alleging the actress threw a phone at her and yanked her wrist while refusing to be breathalzyed.
N.D. v. New York Post
Hotel maid allegedly raped by French politician sues the New York Post for falsely reporting that she is a prostitute who "routinely traded sex for money" with male guests.
Reinhart v. Mortenson
Two Montana residents allege the author of "Three Cups of Tea" "fabricated material about his activities and work in Pakistan and Afghanistan" to sell the book.
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• Maryland appeals court says dog owners can be held strictly liable for pit bull attacks. "Because of its aggressive and vicious nature and its capability to inflict serious and sometimes fatal injuries, pit bulls and cross-bred pit bulls are inherently dangerous." Tracey v. Solesky

• Woman who has been diagnosed as a sex addict sues a school district for failing to prevent her from having sex with male students on the school bus when she was in 11th grade.
Barksdale v. Egg Harbor Township Bd. of Ed.

• Civil rights activist challenges Georgia's "stand your ground law." "By not defining what actions create a reasonable perception justifying the use of deadly force, the Act[] potentially deprives all Georgia[n]s of the right to life without due process of law." Hutchins v. Deal

• Former patient of a Rhode Island doctor sues him for featuring her in a book about drug addiction. "Plaintiff had expected, as any reasonable patient would, that her private conversations during her treatment sessions with the Defendant would remain private and confidential."
Lisnoff v. Stein

• Class action alleges the YMCA deceives consumers by representing that it practices "Christian" values while allowing its gyms to be used for gay sex trysts. "YMCAs around the country ... are currently being used as brothels for cruising, with the YMCA's knowledge and implicit consent."
Keister v. YMCA

• Social workers are not liable for a sexual assault on a 5-year-old boy by a 16-year-old male placed in an adoptive home. "To rule against the individual defendants in this case would definitely break new ground."
Doe v. Braddy

• Student sues college for refusing to grant her the "reasonable accommodation" of a single room after she complained about her roommate's exhibitionist behavior.
Blankmeyer v. Stonehill College

• School district can be sued over a guidance counselor's sexual relationship with a student who was over the age of consent. "The inherent imbalance of power between a guidance counselor in a public school and a student may render opportunistic sexual predation sufficiently shocking, even with a 'consenting' student over sixteen, to form the basis of a substantive due process claim."
Doe v. Fournier

• Utah judge finds a "credible threat" that Utah County officials will prosecute a polygamist and his wives for bigamy. The officials' acts "suggest that an actual prosecution of Plaintiffs is forthcoming."
Brown v. Herbert

• Louisville, Ky., strip club sues a competitor for displaying an electronic sign outside a convention center that said "Don't go to Godfathers, their girls are ugly and have crabs."
The Godfather v. Trixie's Lounge

• A lawyer cannot sue two women he dated for posting derogatory comments about him on liarscheatersrus.com. "[W]hen viewed within the larger context of the website on which they were posted, there can be no doubt that a reasonable reader would understand the comments to be opinion." Coulotte v. Ryncarz

• Oglala Sioux tribe sues beer makers and Whiteclay, Neb., bars for enabling alcohol abuse on the Pine Ridge Indian Reservation. The illegal trade in alcohol has "caused devastating injuries to the Lakota people and massive financial damages to the [tribe]."
Oglala Sioux Tribe v. Schwarting




Alltop_125x125.jpg







Landlord Says 'Sexy Golfing' Cost Him Rental Business Print

A property owner in an exclusive South Florida resort community has sued an operator of porn websites, alleging he can no longer rent his apartments out after BangBros.com used one of them for a video shoot without his permission.

Fisher Island (population: 467), which is three miles off the coast of Miami, is accessible only by private ferry and helicopter. The well-heeled residents include tennis great Boris Becker and filmmaker Mel Brooks and Oprah Winfrey recently sold a two-bedroom apartment for $1.1 million.

Pornographers would not normally have access to the island but BangBros.com allegedly used an apartment owned by Raul Quintana to shoot “A Sexy Golfing Experience” there with porn star Devon Lee.

Quintana charged $600 for the one-day shoot, but it apparently wasn't a good experience for him. In a complaint filed last week, he says BangBros made “false and deceptive representations,” telling him it would use his property only for “a modeling photo shoot.”

The distribution of the video, the suit says, has resulted in Quintana being “ridiculed by members of Plaintiff[']s community” and he has “lost the rights to rent Plaintiff's and Plaintiff's families['] units on the island” -- costing him more than $100,000 in monthly rental income. His entire Fisher Island real estate portfolio, worth more than $25 million, is now in foreclosure, he alleges.

Quintana -- who apparently did not suspect what business a company called BangBros might really be in -- is seeking unspecified damages for fraud, breach of contract, unfair trade practices, and defamation.

“Defendants knew or should have known that the house was on a small private island and Defendant's proposed commercial use never would have been permitted without authorization from the community association,” the suit says.

The covenants of the Fisher Island Community Association state that “No Lot or Unit shall be occupied ... in [any] event other than as a residence.” The association's rules committee may assess fines for “improper rentals,” but Quintana's suit does not explain how he could have suffered such a severe consequence as loss of rental rights for an unauthorized commercial use of his property.

How Quintana can show damages for fraud is also unclear since court records indicate he was having financial problems several months before “A Sexy Golfing Experience” was posted online. Lenders on two of his Fisher Island units -– for which he paid a total of $7.2 million -- filed notices of foreclosure in April and May 2008.

As for defamation, Quintana claims the “publishing” of his home “for an unauthorized commercial purpose” damaged his reputation. But “A Sexy Golfing Experience” makes no false statement of fact about him or his home.

In 2005, a Florida judge found that a homeowner violated the covenants of her community association by renting her property to the operator of a pornographic webcam site.

This story linked by:


By Matthew Heller
10/12/09


 

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rc_insidestories
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RC_OnFile

U.S. v. Arpaio
Subject: Civil rights
Document: Complaint

Schultz v. Medina Valley
Subject: School prayer
Document: Non-Kumbaya order

Chopourian v. Catholic Healthcare
Subject: Sexual harassment
Document: Verdict

Jackson v. Paula Deen
Subject: Sexual harassment
Document: Complaint

Marsh v. Air Tran Airways
Subject: Roaches on a plane
Document: Complaint

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RC_OnTrial

Peterson/Pryde v. Thyden
Court: Montgomery (Va.) Circuit
Subject: Virginia Tech shootings
Verdict: $8 million

Sheridan v. Cherry
Court: L.A. Superior
Subject: Wrongful termination

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RC_OnTheDocket

Brown v. Herbert
Date: 12/16/11
Court: USDC, Utah
Hearing: Motion to dismiss polygamy case

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