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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• Roommate referral website does not discriminate by allowing users to list their preferences for roommate characteristics. "Holding that the [Fair Housing Act] applies inside a home or apartment ... would be a serious invasion of privacy, autonomy and security."
Fair Housing Council v. Roommate.com

• Student alleges a prank involving a bottle rocket and another student's anus backfired, causing him to fall off the deck of a frat house.
Helmburg v. Alpha Tau Omega

• 5th Circuit reinstates a jury verdict finding a man employed by an engineering firm was sexually harassed by a male supervisor. "The text message 'I want cock' could be taken as an explicit sexual proposition." 
Cherry v. Shaw Coastal

• The ex-wife of a man who fatally shot himself with a gun he had stolen cannot sue the gun's owner for wrongful death. "We conclude that public policy dictates that [Charles] Milot's criminal conduct acts as a bar to recovery."
Ryan v. Hughes-Ortiz

• Pennsylvania woman alleges her former employer discriminated against her because she wore a fake penis to assist her in her female-to-male transition. "Plaintiff's use of the prosthetic device was concealed and in no way interfered with the ability of Plaintiff to do her job." Davis v. J&J Snack Foods

• Son of a woman charged with murdering her husband cannot use the proceeds from the victim's life insurance policy to fund his mother's criminal defense. "[A]llowing the distribution of these proceeds to a third party who has clear intentions to transfer part of these proceeds to her, undermines the principles underlying the Slayer’s Act and federal common law."
In Re: Estate of Michael Burkland

• Seattle judge says an actress cannot proceed anonymously in her suit against the IMDb.com website for publishing her age. "[W]hile Plaintiff may face public ridicule and embarrassment if she elects to go forward under her real name, the injury she fears is not severe enough to justify permitting her to proceed anonymously."
Doe v. Amazon.com

• Family of an 11-year-old girl who was crushed by a boulder of ice says forest ranger negligence caused her death. Rangers "did not warn users of the risk of harm associated with the dangerous, unstable snow and ice" at the Big Four Ice Caves in Snohomish County, Wash. Tam v. U.S.

• 3rd Circuit dismisses a breach of data security case against a payroll-processing company. "Appellants' allegations of an increased risk of identity theft as a result of the security breach are hypothetical, future injuries."
Reilly v. Ceridian Corp.

• Oregon judge denies First Amendment protections to a blogger. "Defendant cites no cases indicating that a self-proclaimed 'investigative blogger' is considered 'media' for the purposes of applying a negligence standard in a defamation claim."
Obsidian Finance v. Cox

• A transsexual who was fired from her government job while she was in the process of becoming a woman wins her sex discrimination suit. "[A] government agent violates the Equal Protection Clause’s prohibition of sex-based discrimination when he or she fires a transgender or transsexual employee because of his or her gender non-conformity."
Glenn v. Brumby

• New York man sues a Texas fertility clinic for wrongful insemination, alleging it failed to obtain his consent before using a sample of his sperm to impregnate his ex-girlfriend.
Pressil v. Advanced Fertility

• Nebraska judge rules that school officials may have illegally disciplined students for wearing t-shirts in honor of a slain friend suspected of gang membership. "[Q]uestions of fact remain whether Plaintiffs’ speech occurred in a context likely to provoke gang violence or other disruptions of school activities."
Kuhr v. Millard Public Sch. Dist.




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Law Firm's Trademark Suit Leaves Chill on Websites Print

The settlement of a law firm's trademark infringement suit against a real estate news website is the chilling result of a case which should never have been brought -– and which a Chicago judge should have dismissed on the pleadings.


BlockShopper.com agreed to the settlement Jan. 30 because it had already spent more than $100,000 defending itself from Jones Day's absurd attack on the practice of one website hyperlinking to another which is the very lifeblood of Internet news.

“They had no shot at winning, but they were going to bleed us dry,” BlockShopper co-founder Brian Timpone told the Cleveland Plain-Dealer.

Under the settlement, the site will no longer use embedded hyperlinks to attorney profile pages on the Jones Day site. Instead of, for example, saying, "Daniel P. Malone is an associate in the Chicago office of Jones Day," BlockShopper must write, “Malone (www.jonesday.com/dpmalone) is an associate ...”

Jones Day alleged in its suit that BlockShopper infringed on its marks in two articles about the real estate purchases of two of its lawyers –- Malone and Jacob C. Tiedt –- that included embedded links to their profile pages.

“Use of the Jones Day Marks, the links to the Jones Day web site and the use of proprietary information from the Jones Day web site creates the false impression that Jones Day is affiliated with and/or approves, sponsors or endorses the business conducted by the Defendants,” the complaint said.

Jones Day claimed to be protecting marks “that have become very valuable assets and are famous,” but it probably wasn't too thrilled about having its employees' home-buying activities  made public. Tiedt, also an associate with the firm in Chicago, spent $760,000 on his digs, while Malone forked out a relatively meager $463,000.

BlockShopper argued in a motion to dismiss that its use of the marks fell under exceptions to the Lanham Act which apply to a fair use and news reporting. Jones Day, it said, “offers nothing to support its incredible theory that readers will believe BlockShopper's news is associated with Jones Day alone, out of the dozens of employers referenced on the site.”

But even more incredibly, U.S. District Judge John W. Darrah denied the motion in November. Rather than analyze whether Jones Day's alleged facts actually stated a cause of action, he took the easy way out and found that “It cannot be said, at this pleadings stage, that Jones Day's allegations of confusion are implausible.”

As the Citizen Media Law Project said, “Deep linking is a ubiquitous feature of the web” and Darrah's decision “exposes anyone who takes advantage of this basic feature of Internet communication to the prospect of substantial litigation costs.”

Those costs forced BlockShopper –- a David to the 2,300-attorney Goliath of Jones Day -- into a settlement that seems every bit as absurd as the lawsuit. If the embedded links created a false impression of affiliation with Jones Day, why should spelling out the link to a Jones Day lawyer's profile page make any difference?

“But in a larger sense,” Wendy Davis observes on Slate, the case has given Jones Day “control over how an online publisher builds hyperlinks.” And even more chillingly, it provides a template for other companies to allege trademark infringement against publishers for embedding links to their sites in articles they find objectionable.

This story linked by:


By Matthew Heller
2/17/09


 
rc_insidestories
  • Jurors' Comments Fuel New Trial Bid in Bullying Case

    Jurors may have opened the door to a new trial in a Maryland school bullying case by saying they returned a verdict for the defense because they were afraid of setting a bad precedent for school systems throughout the country.
    Read more...
  • Abuse Victim Can Sue Ex-DA Over 'Sexting' Messages

    A Wisconsin judge has protected a domestic violence victim from a rogue prosecutor, finding that she can sue him for sending her text messages in which he pressured her to have sex with him.
    Read more...
  • Four Loko Maker Says Users Knew of Health Dangers

    The maker of Four Loko has previewed its defense of a slew of product liability lawsuits, arguing that the physical effects of the energy drink's mixture of alcohol and caffeine — far from being an undisclosed risk to consumers — are precisely what made it so popular.
    Read more...
  • Mortician Sued for Speaking Ill of the Dead

    In a first-of-its-kind unprofessional conduct lawsuit, a woman has sued her former boss at a Michigan funeral home for making an indecent comment about the body of a dead man in front of her.
    Read more...
  • 'Next Friends' of Orcas Bid to Stop SeaWorld Slavery

    An animal rights lawsuit against SeaWorld for enslaving five killer whales at its aquatic theme parks in San Diego and Orlando may sink even though humans are representing the orcas as their “next friends.”
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  • Jury Finds No Harm to Boy From Wrongful Circumcision

    In a blow to supporters of male “genital integrity,” an Indiana jury has ruled that a doctor did not injure a boy by circumcising him when he was an infant even though his mother wanted him to be left intact.
    Read more...
  • Guest Can Sue Motel 6 Over Attack by Woman's Pimp

    A guest who paid for sex with a prostitute at a Motel 6 did not assume the risk of being attacked several hours later by the prostitute's pimp, a Pennsylvania judge has ruled in an unusual premises liability lawsuit against the motel operator.
    Read more...
RC_OnFile

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

Classic Media v. J.G. Wentworth
Subject: "Lassie" copyright
Document: Complaint

Kardashian v. Old Navy
Subject: Publicity rights
Document: Complaint

McKee v. Laurion
Subject: Doctor defamation
Document: Opinion

Francis v. U.S.
Subject: Bear attack
Document: Decision

more

RC_OnTrial

Doe v. Discovery Day Care
Court: Miami-Dade Circuit
Subject: Child molestation
Verdict: $3,000,000

Hoback v. City of Chattanooga
Court: USDC, E. Tenn.
Subject: PTSD discrimination
Verdict: $680,000

more


RC_OnTheDocket

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

more