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."
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• 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





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Pain Patient Sues Disney over Thrill-Ride Therapy Print


A Florida woman who claims the G-forces from a theme park ride relieve her chronic pain has sued Walt Disney World for breaching its contract with visitors by limiting her to four rides per visit on its Tower of Terror.

The ride at Disney's Hollywood Studios theme park in Orlando provides stomach-turning thrills for guests as they hurtle up and down a 199-foot-tall building in a “fright elevator.” In a complaint filed last month in Osceola County, Fla., Denise Mooty alleges she needs the Tower of Terror for therapy rather than thrills.

“In the four years that Plaintiff was an annual pass holder she would religiously ride the tower of terror every Saturday dozens of times to help her alleviate her medical condition, her pain associated with it, and minimize the number of surgeries she required as a result,” the suit says.

All that oscillating apparently breaks down Mooty's abdominal adhesions, which are strands of fibrous scar tissue often caused by surgery or chronic inflammation. “Literally, Ms. Mooty’s life depends on her being able to ride the ride,” her lawyers say.

But since Mooty was cited for trespassing at the park on Aug. 23, her condition has allegedly worsened. And she is now suing Disney for breach of contract, false arrest and intentional infliction of emotional distress.

“Nothing in the contract between Plaintiff and Disney (the annual pass) limited Plaintiff as to the number of times she could ride the tower of terror,” she says.

The suit does not include a claim for disability discrimination. “Ms. Mooty's claims are without merit,” a Disney spokeswoman said. “She was trespassed for causing a disturbance within the presence of other guests and using foul language toward a Cast Member.”

Mooty is something of an abdominal adhesion activist. On her website, she has posted graphic photos of her adhesions and she once berated talk-show host Montel Williams for not responding to several letters “asking for help to stay alive.”

“My son is going to be 14 on the 28th of this month, I may not live to see him turn 15!” she said in a letter posted on the International Adhesions Society website in October 2002.

Mooty told a Florida TV station that the Tower of Terror “really does work. It's the G forces of going up and down.” Her doctor wrote Disney a letter stating that the ride broke down her adhesions, “thus relieving her of so much pain.”

But on Aug. 16, a Disney employee allegedly told her “she was only allowed to ride the tower of terror 4 times per visit” and could no longer use the back entrance to access the ride even though she had a “guest assistance card” that permitted her to do so.

A week later, things got confrontational after Mooty refused a guest service manager's “take it or leave it” offer of “fast pass” access to the ride. She “never used profanity toward anyone,” but as she was leaving the park, security guard Rodney Penson had her detained and cited for trespassing.

Perhaps Mooty's unconventional pain prescription had turned into a pain in the neck for Disney staff. While in the security office, she alleges, she overheard Penson and the guest services manager “laugh about the whole situation stating that they were finally getting rid of Plaintiff.”

In a slightly more conventional case, a British woman sued Walt Disney World this week alleging the faulty design of Tower of Terror caused her to have a disabling heart attack and stroke. Leanne Deacon rode the ride several times during a 2005 vacation.


By Matthew Heller
2/10/09


 
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