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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Porn Mogul Joe Francis Goes Wild Again in Deposition Print

Soft porn mogul Joe Francis' disruptive antics in a deposition described by a judge as a “waste of time and money” almost resulted in plaintiffs winning a default judgment against him in a lawsuit that alleges he sexually exploited minors.

Joe Francis

After Francis was sentenced in 2007 to 35 days in jail for yelling obscenities during a mediation in an earlier case, his attorney at the time said he had “changed from someone who was disdainful of the system to someone who recognizes that he has to play by the same rules as the rest of us. He has put a lot of this foolish behavior behind him.”

Evidently not -– judging by his behavior when questioned April 22 by counsel for four plaintiffs who, in a proposed class action filed in March 2008, allege he sexually exploited them “by filming them exposing their breasts and and/or engaging in sexually explicit conduct” for videos in his popular “Girls Gone Wild” series.

According to a magistrate judge's report, Francis arrived an hour late for the deposition and, over the next four hours, repeatedly asserted his Fifth Amendment rights even though a judge had previously found he had waived them.

Another Francis tactic, U.S. Magistrate Judge Allan Kornblum noted, was “pretend[ing] not to know the meaning of common words to avoid a straight answer.” A typical exchange with plaintiffs' counsel went as follows:

Q. Have you ever been convicted of a felony?
A. I don’t understand what that means.
...
Q. You don’t understand what being a convicted felon is?
A. No. Can you explain it to me?
Q. Did you serve any time in jail?
A. What do you mean “serve”?
...
Q. Do you know what a prisoner is?
A. No.
Q. Do you know what a cellmate is in jail?
A. No.
Q. Do you know what a jail is?
A. Sort of.

Excerpts from the deposition also show Francis insulted and taunted plaintiffs' counsel. Asked about paying two teenage girls to masturbate him, he said it was “disgusting and laughable that you would be accusing a man like me of such disgusting allegations ... a man of my integrity.”

Had he ever paid girls to masturbate him, he was asked? “Do you?” he replied.

Even the efforts of his attorney, Frederick J. Bateman, to restrain him were unavailing. Bateman succeeded two previous defense lawyers, only agreeing to take the case after Francis agreed to honor “the conduct requirements, the ethics requirements and the procedural requirements for moving this matter to trial.”

After plaintiffs' counsel decided to terminate the deposition, Francis -– perhaps flashing back to his work on “Girls Gone Wild” videos -- took the camera from the court videographer and began filming one of the plaintiffs' attorneys, Rachael G. Pontikes.

Kornblum recommended June 11 that the plaintiffs' motion for a default judgment should be granted. “It is obvious from Mr. Francis’ obstructionist posture at his deposition that his third set of attorneys can not or will not get his cooperation in the prosecution of this lawsuit despite clear warning from this Court that continued past practices will result in entry of a default judgment,” he said.

Francis got a reprieve, though, as U.S. District Judge Richard Smoak deferred ruling on the magistrate's recommendation pending the taking of another deposition. "I find that the deposition taken of Defendant Francis, on April 22, 2009, was a waste of time and money and will be retaken” after the completion of his criminal trial on tax evasion charges in California, he said.

Smoak's restraint is surprising since he is the very same judge who jailed Francis for contempt and whom Francis once described as a “judge gone wild.”

A Las Vegas judge recently ordered Francis to pay a $2 million gambling debt to a casino resort, finding he improperly asserted his Fifth Amendment rights in a deposition. According to attorneys for Wynn Las Vegas, he also made "repeated attempts to disrupt the deposition with flatulence."

In the mediation that resulted in his jailing, Francis arrived four hours late, put his bare, dirty feet on the table and yelled repeatedly at plaintiffs' counsel, “Don't expect to get a fucking dime -– not one fucking dime!” The case eventually settled.

This story linked by:


By Matthew Heller
8/20/09


 
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    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.
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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

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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