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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Taser Stuns Coroners with Win in Death Reports Case Print

taser1An Ohio judge has given medical examiners around the country a shock by ordering a coroner to remove any reference to Tasers in her autopsy reports on three men who died after police officers shot them with the stun guns.

Amnesty International estimates that since June 2001, more than 150 people have died in the U.S. following Taser shocks, but the gun's manufacturer has been suing medical examiners who have cited its products in autopsy reports.

That aggressive strategy paid off big time after a four-day bench trial of Taser International's (Nasdaq: TASR) case against Dr. Lisa Kohler, the chief medical examiner of Summit County, Ohio. She had identified the physiological stress of being incapacitated by a 50,000-volt Taser as a contributory cause of the deaths of Dennis Hyde, 30, Richard Holcomb, 18, and Mark McCullaugh, 28.

“There is simply no medical, scientific, or electrical evidence to support the conclusion that the Taser X26 had anything to do with the death[s],” Court of Common Pleas Judge Ted Schneiderman said in a May 2 decision.

Under Ohio law, a judge can direct a coroner “to change his decision as to [the] cause and manner and mode of death.” Schneiderman ordered the county to delete any reference to a “contributing factor of electrical pulse incapacitation” in the Hyde and Holcomb autopsy reports and similar language in the McCullaugh report.

Taser's experts, he ruled, had provided evidence that Hyde and Holcomb

probably died as a result of a fatal cardiac arrhythmia due to illicit drug intoxication creating crazed states consistent with “Excited Delirium Syndrome,” also known as “Agitated Delirium.”

Kohler will appeal the decision -– and she has the support of other medical examiners. “Judges should not be practicing medicine, and that is clearly what the judge is trying to do in this case,” Dr. Bruce Levy, the chief medical examiner for the state of Tennessee, told the Akron Beacon Journal.

The county's attorney argued during the trial that Schneiderman should not overturn the "thought-out, carefully deliberated" findings of its pathologists. “'We are not saying this is the sole or direct cause,'' John F. Manley said. “'We are saying it contributed in some way. How much, we may never know.”

The appeals court should certainly take a close look at how the judge could have found Taser's experts so credible, particularly since “excited delirium” is not recognized as a diagnosis in official medical manuals.

“There are plenty of medical examiners who are very skeptical of excited delirium,” an ACLU lawyer told the Arizona Republic. “"But that is not what Taser is promoting ... They attribute almost all of the deaths following a Taser strike to excited delirium.”

The city of Akron, whose officers were involved in Hyde's death, joined Taser in its complaint "to correct erroneous cause of death determinations." Kohler's office ruled all three deaths homicides, but Schneiderman said the deaths of Hyde and Holcomb should be ruled “accidental” and the manner of McCullaugh's death should be ruled “undetermined.”

Taser v. Kohler Court Documents


By Matthew Heller
5/6/08


 
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