• Parents of a 10-year-old boy who witnessed a killer whale's fatal attack on a trainer sue Sea World Orlando for infliction of emotional distress. "Without question, it was reasonably foreseeable and in fact predictable that an attack such as this one by a killer whale with the tendencies of Tilikum was inevitable." Connell v. Sea World
• Denver judge dismisses Oklahoma City bomber Terry Nichols's civil rights claims against prison officials for denying him a high-fiber diet.
Nichols v. Federal Bureau of Prisons
• Illinois teenager with cerebral palsy sues the Special Olympics for refusing to let her play basketball with the help of a service dog.
Youngwith v. Special Olympics
• Montana judge sets aside a government decision removing protections for the northern Rocky Mountain gray wolf. The Endangered Species Act "was not intended to sow the dragon's teeth of strife or to plant the seeds of future conflicts that have given rise to this case."
Defenders of Wildlife v. Salazar
• San Francisco judge dismisses a cereal consumer's false advertising suit. "[T]here is nothing in the packaging or marketing of Cap’n Crunch that would in any way deceive a reasonable consumer into believing that the cereal contains or derives nutritional value from real fruit." Werbel v. PepsiCo
• 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
 
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No Prayer Now for Preacher's Suit Over "Religulous" |
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Less than three weeks after being sued for defrauding two former parishioners of $600,000, a Florida preacher dropped his $50 million lawsuit alleging the Bill Maher documentary “Religulous” falsely portrayed him as a charlatan, On Point has learned.
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Rev. Jeremiah Cummings
Rev. Jeremiah Cummings filed a court document June 19 in which he voluntarily dismissed his claims against Lionsgate Corp. (NYSE: LGF), the distributor of “Religulous.” Since he had rejected a settlement offer from Lionsgate in May, there is a strong probability that the filing of the fraud action June 1 motivated the dismissal.
The two former parishioners -- Elsie Carter and Rodney Daryl-Jones –- certainly did Maher a favor by accusing Cummings of deceiving them into making $600,000 in contributions to the Amazing Life World Outreach Church in Raleigh, N.C., which he pocketed for himself. Cummings built the church “on a foundation of lies, deception and greed,” the complaint said.
In “Religulous,” Maher poked fun at Cummings' expensive suit and lizard shoes, contrasting his attire with the humility of Jesus. The minister stutters when Maher challenges him with the Biblical quotation, “It is easier for a camel to go through the eye of a needle than for a rich man to enter the kingdom of God.”
Cummings, who was representing himself, alleged in his defamation suit that he was duped into agreeing to be interviewed by Maher and that the film distorted his “true character ... before millions of viewers for laughs.” With Carter and Daryl-Jones portraying Cummings in their fraud and racketeering suit as a latter-day Elmer Gantry, Maher appears to have had the last laugh.
“Defendant Cummings ... took advantage of his position as pastor in order to financially and economically better himself at the expense of Plaintiffs and other members of the church,” Carter and Daryl-Jones said. The suit also alleged immoral behavior by Cummings, including the wooing of female parishioners to support his “exorbitant need for money and material things.”
Cummings' dismissal of the Lionsgate case means he avoids potential liability for the defense's legal costs. He could not be reached for comment.
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Other Cummings v. Lionsgate Sources
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By Matthew Heller
7/1/09 
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Off With His Head! Woman Sues 'Mad Hatter' Actor
Experimental theater clashes with premises liability law in the case of a Kentucky woman who claims she was injured while watching a performance of a circus-inspired play when one of the actors balanced his knee on her head.
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Charity Worker Accuses CEO of Hypnotic Seduction
A former charity worker may be pushing the limits of sexual harassment law by alleging that her boss required her to participate in “relaxation sessions” on his “magic couch” during which he hypnotized and molested her.
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Appeal is Expert's Latest Challenge to Judges
Expert witness Dr. David Egilman was previously successful in showing he had standing to appeal a judicial order in a case in which he was not a party — but that case may not help him in his latest challenge to a trial judge.
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Plaintiff's Expert Files Appeal in 'Popcorn Lung' Lawsuit
A controversial expert witness for plaintiffs has filed an unusual non-party appeal of a Washington state judge's decision finding his theory that snackers can contract lung disease from exposure to microwave popcorn is not scientifically sound.
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Philly School Sued Over Race Attack on Student's Mom
Taking civil rights law to what may be an extreme, an Asian-American woman is alleging a Philadelphia high school's tolerance of racism rendered her “helpless prey” to African-American students who attacked her when she picked her child up from the school.
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'McSteamy' Sex Tape Suit Cools off With Settlement
Acting couple Eric Dane and Rebecca Gayheart have dropped a $1 million lawsuit against Gawker.com for publishing a videotape featuring them in a nude threesome with a friend after the gossip website agreed to take down the much-viewed posting.
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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.
Read more...
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Arnaout v. Warden
Subject: Muslim inmate prayer
Document: John Walker Lindh declaration
Marriage of J.B. and H.B.
Subject: Same-sex divorce
Document: Opinion
Stovell v. James
Subject: LeBron's paternity
Document: Complaint
U.S. v. Arizona
Subject: Illegal immigration
Document: Complaint
Rosenberg v. Google
Subject: Negligent navigation
Document: Complaint
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McCourt v. McCourt
Court: L.A. Superior
Subject: Dodgers divorce
Pom Wonderful v. Welch Foods
Court: USDC, C. Calif.
Subject: False advertising
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McCourt v. McCourt
Date: 8/30/10
Court: L.A. Superior
Hearing: Dodgers divorce trial
more
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