
• Owners of Who Dat?, Inc. sue the NFL and the New Orleans Saints for trademark infringement, seeking to protect the mark that "has become one of the most recognizable in all of America and quickly became well-known around the world." Who Dat?, Inc. v. NFL Properties
• Army bomb disposal expert sues the makers of "The Hurt Locker" for plagiarizing his life story. The film is "nothing more than the exploitation of a real life honorable, courageous, and long serving member of our country’s armed forces, by greedy multi-billion dollar 'entertainment' corporations." Sarver v. The Hurt Locker
• Former patient sues the Cincinnati hospital where he was sexually assaulted by a transgender nurse. The nurse's "employment while masquerading as a member of the female gender in a hospital environment involved an unreasonable risk of harm to others." Evans v. University of Cincinnati
• Federal judge enjoins the City of Phoenix from enforcing a noise ordinance against "sound generated in the course of religious expression," finding the right of churches to ring bells outweighs "the City's interest in preserving the peace and tranquility of its neighborhoods." St. Mark Roman Catholic Parish v. City of Phoenix
• 5th Circuit says a Texas city's junked vehicle ordinance applies to a cactus planter made out of wrecked Oldsmobile 88. "Irrespective of the intentions of its creators ... the car-planter is a utilitarian device, an advertisement, and ultimately a 'junked vehicle.'" Kleinman v. City of San Marcos
• Oklahoma City bomber Terry Nichols notifies a federal judge that he has gone on hunger strike, saying he is "prepared to die if necessary because he is done allowing his body to be defiled by [ ] refined and dead foods." Nichols v. Federal Bureau of Prisons
• Texas judge finds the makers of a film about Rin Tin Tin did not infringe on the trademarks of a breeder of German Shepherds. "Defendants['] title 'Finding Rin Tin Tin: The Adventure Continues" is a fair use of the term 'Rin Tin Tin.'" Rin Tin Tin, Inc. v. First Look Studios
• 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

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Pain Patient Sues Disney over Thrill-Ride Therapy |
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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 
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"Upskirting" Victim Loses Privacy Suit Against Store
A customer at a T.J. Maxx store in upstate New York has lost her lawsuit against the retailer for allowing a man to take photos up her skirt by using her as “human bait” in a sting operation.
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Perfume Allergy Case Settles for $100,000
A Detroit city planner with an allergy to perfume is savoring the sweet smell of legal success after the city agreed to pay her $100,000 and be more sensitive to the chemically sensitive.
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Teen's Suit Puts Mug-Shot Publisher Against the Wall
A new publication in Lincoln, Neb., milks mug shots for humor. But a teenager whose arrest photo appeared in Cuffed doesn't see the funny side of it and has sued the publisher for misappropriating his image.
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BA Settles 'Reckless' Baggage Handling Suit
Limiting its liability to a group of only 13 airline passengers, British Airways (NYSE: BAY) has settled a first-of-its kind lawsuit that accused the airline of being “inexcusably reckless” in its handling of passengers' baggage.
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Judge Says "Gay" Still Defamatory in Texas
What one court has called “a veritable sea change in social attitudes about homosexuality” has evidently not reached Texas where a judge ruled that an airport security guard can sue a radio show host for calling him “gay” on the air.
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Mom Says Hospital Gave Her Wrong Baby to Nurse
Because of a hospital's error, Jennifer Spiegel became an involuntary wet nurse to another woman's newborn son. Now she is suing the hospital for its malpractice in providing her with the wrong baby to breastfeed.
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Case Over MySpace Page Chills Student Speech
Several recent court rulings have been protective of off-campus student speech -– with the exception of a very shaky decision that a dissenting judge said “vests school officials with dangerously overbroad censorship discretion.”
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Newdow v. Rio Lindo Union Sch. Dist. Subject: Pledge of allegiance Document: Opinion
Vance v. Rumsfeld Subject: Detainee abuse Document: Opinion
Stern v. Sony Corp. Subject: Disabled gamers Document: Opinion
Churchill v. Univ. of Colorado Subject: Academic freedom Document: ACLU amicus brief
KBR/Halliburton v. Jones Subject: Sexual assault Document: Petition for review
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Spears v. Allergan, Inc. Court: Orange County (Calif.) Superior Subject: Botox death Verdict: Defense
Patterson v. Hudson Area Schools Court: USDC, E. Mich. Subject: Student harassment
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McClain v. Pfizer, Inc. Date: 3/2/10 Court: USDC, Conn. Hearing: Jury trial in case over unsafe lab conditions.
Sherman v. McDonald's Corp. Date: 3/23/10 Court: Washington County (Ark.) Circuit Hearing: Jury trial in case over nude photos.
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