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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Playboy Defends Porn Star Sex Antics on Radio Show Print

Defending against an unusual sexual harassment lawsuit, Playboy Entertainment Group says the case should be dismissed in part because porn star Christy Canyon never demanded an on-air “ass-waxing” from her producer while hosting a sex-themed satellite radio show.

Christy Canyon (left) and Terri Hughes

The “ass-waxing” incident is a key allegation in the suit, which was filed by Terri Hughes in September 2008 shortly after she quit her job as producer of Playboy Radio's “Night Calls” show. The case presents the issue of whether sexually-explicit behavior in the context of a show about sex amounts to illegal harassment.

Canyon “demanded that Plaintiff enter the studio to 'wax' Christy Canyon's 'ass,'” Hughes alleged in her complaint. “Christy Canyon repeatedly made this demand throughout the three hour show, forcing Plaintiff to repeatedly refuse.”

Hughes started working on “Night Calls” in January 2008 and did take part in at least one “Wax My Ass” segment with Canyon. But during the show's live broadcast on July 14, 2008, she balked when Canyon asked her if she would “put it on the books this week to wax my [butt]?”

“Uh, maybe next week,” Hughes replied, and when pressed by Canyon -- “What the fuck's wrong with this week?” -- said, “Um, I'm not in the butt-waxing mood this week.”

In a pending motion for summary judgment, Playboy attorney Jason S. Mills says Canyon “mentioned the issue several more times during the show to note that she was 'still miffed,'” but he focuses on her initial exchange with Hughes.

The transcript of the July 14 show “confirms that Canyon simply asked Hughes to 'put it on the books[,]' (meaning to calendar it),” Mills argues. “As such, the event, as it actually occurred,  is a far cry from Hughes' allegations. Canyon made no 'demand' at all. And Hughes simply declined (a single time) to put the segment on the calendar.”

“Thus, even putting aside Hughes' misrepresentation of events, the actual exchange at issue (refusing to calendar a bit) cannot amount to 'severe,' 'pervasive,' or 'objectively offensive' conduct,” the motion says.

The case is somewhat similar to Lyle v. Warner Bros., 38 Cal. 4th 264 (2006), in which the California Supreme Court said writers on the TV show “Friends” did not sexually harass an assistant by indulging in untargeted “sexual antics and sexual talk” while brainstorming script ideas.

The hostile work environment standard adopted by the U.S. Supreme Court requires “careful consideration of the social context in which particular behavior occurs and is experienced by its target.” Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1997).

Hughes says she witnessed Canyon “exposing her genitals and breasts to guests and co-workers, making requests to guests and co-workers to touch her genitals and breasts, and masturbating” during “Night Calls” shows.

But Mills argues that Canyon's behavior was not targeted at Hughes because of her gender and is also not actionable because “Night Calls is a show about sex. It is hosted by former adult film stars who talk vividly about sex, and it is designed to appeal to listeners' sexual fantasies.”

Hughes, moreover, was a “knowing and active participant” in the show's raunch, Mills says, demonstrating sexual positions with the hosts, describing her panties, commenting on photographs of listeners' genitals, and adopting the persona “Sexy Terri.”

Hughes, who is African-American, also alleges Playboy Radio executive producer Farrell Hirsch discriminated against her by using the term "Negro" to describe the type of show he didn't want to be aired.

UPDATE

  • On Point reported Oct. 6, 2009 that the case had settled.


  • By Matthew Heller
    7/18/09


     
    rc_insidestories
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      Read more...
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