
• 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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"Religulous" Rev Sued for $600,000 "Scheme of Lies" |
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Two former followers of Florida preacher Jeremiah Cummings may have dealt his defamation lawsuit against the makers of the documentary “Religulous” a fatal blow by alleging he conned them out of $600,000 through a “well-designed scheme of deception and lies.”
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Rev. Jeremiah Cummings
Elsie Carter and Rodney Daryl-Jones say in a fraud and racketeering suit filed June 3 against Cummings that he behaved like a latter-day Elmer Gantry while serving as pastor of the Amazing Life World Outreach Church in Raleigh, N.C., deceiving them into making contributions to the church which he pocketed for himself.
Cummings built the church “on a foundation of lies, deception and greed,” the complaint says, even pretending to be married to a co-pastor “when in fact they were an unmarried couple living under circumstances of adultery.” He is married to Nancyah Cummings, the vice-president of the Amazing Life International Fellowship in Orlando, Fla.
Carter says she was defrauded of more than $400,000 in contributions to the church of money and property including a 2007 S550 Mercedes and another $151,000 she invested in Cummings' Messiah Records in the belief that it would be used to produce a CD by a singer named “Prophetess” Syvonia McCoy. Daryl-Jones alleges he lost $51,000.
The allegations could be potent ammunition for Lionsgate Corp., the distributor of “Religulous,” whom Cummings sued in January for inducing him to appear in the film under false pretenses and, yes, falsely portraying him as a charlatan.
In interview footage included in the film, host Bill Maher pokes 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.”
“I am made to appear to be some money hungry preacher, which is the typical stereotype of black preachers,” Cummings told Beliefnet. According to Carter and Daryl-Jones' suit, he was positively ravenous for money as pastor of the Raleigh church. “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,” it says.
Female parishioners, the plaintiffs allege, were wooed into supporting Cummings' “exorbitant need for money and material things,” with Carter signing over the Mercedes to him and the church. When she demanded the return of the vehicle, he sold it “for grossly under its market value and converted the funds to his personal use.”
As for Messiah Records, Cummings has connections to the music business going back to his days as a member of the soul group Harold Melvin and the Blue Notes. Proceeds from the McCoy CD were supposed to go toward furthering the church's ministry works, the suit says, but the funds invested by Carter and Daryl-Jones “were used personally to benefit” Cummings.
Carter also says the minister breached his fiduciary duty by engaging in a romantic relationship with her “which fostered confusion and disruption of the church” -- no doubt because he was "married" to the co-pastor.
Cummings last month turned down an offer from Lionsgate to settle his defamation suit, in which he is seeking $50 million in damages. It's probably safe to say he won't be getting another settlement offer any time soon.
By Matthew Heller 6/12/09
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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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