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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A License for Hip-Hop Harassment Immunity? Print

A New York jury's verdict in a discrimination case against The Source magazine suggests raunchy behavior is so endemic to the hip-hop industry that employers may be virtually immune from liability for sexual harassment.

"Benzino"

The federal jury awarded $15.5 million in damages to Kimberly Osorio, the first female editor-in-chief of the “hip-hop bible,” on her claims of retaliatory discharge and defamation. She alleged that The Source co-founders Ray “Benzino” Scott and David Mays fired her in March 2005 for making a sexual harassment complaint.

But the plaintiff lost on her underlying hostile work environment claim as the jury apparently bought the defense theory that sexually-charged behavior was to be expected at a magazine “about a lifestyle where sexual comments, jokes and innuendo were the norm.”

U.S. District Judge Jed S. Rakoff had summarily dismissed all the claims of co-plaintiff Michelle Joyce, a former vice-president of marketing at The Source.

“Although no one would argue that the work environment at The Source chaste, it never rose to the level of being severely and pervasively hostile,” defense counsel Mercedes Colwin (Gordon & Rees, New York) argued in a court brief.

Osorio alleged that, among other things, Scott asked her repeatedly for sex, bragged to her about his sexual exploits and interrogated her about her sex life. According to an amended complaint she filed in March 2006, female staffers “would often be forced to hide in their offices and avoid walking through the corridors out of fear of being sexually harassed.”

Plaintiff's co-counsel Kenneth P. Thompson (Thompson, Wigdor & Gilly, New York) also played to the jury a tape of a tirade in which Scott called a female editor at another publication a “fucking slut monkey.”

The hostile work environment standard adopted by the U.S. Supreme Court, however, 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).

Applying that standard, the California Supreme Court ruled earlier this year that 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. Lyle v. Warner Bros., 38 Cal. 4th 264.

The Source could not argue that Scott and Mays behaved crudely to inspire their creative muse. But Colwin stressed that the excesses of the rap industry were well-known to Osorio when she accepted the editor position and that a reasonable person “could not realistically have anticipated a pristine environment” at the magazine.

"They used the 'f---' word, the 's---' word, the 'damn' word," Colwin told the jury. "It was not a gender-specific conduct whatsoever."

Osorio still got a big award and said of the verdict that “I definitely hope this has an impact on the attitude of hip-hop toward women.” But any woman in the industry might also be excused for wondering what behavior would rise to the level of “severely and pervasively hostile.”

UPDATE

  • Judge Jed Rakoff cut the damages award by nearly half, signing a judgment for $7.9 million. On the retaliation claim, he said, jurors erred by awarding Osorio $4 million each from The Source, Scott and Mays instead of total damages of $4 million against all three defendants.


  • By Matthew Heller
    10/31/06

     
    rc_insidestories
    • Jurors' Comments Fuel New Trial Bid in Bullying Case

      Jurors may have opened the door to a new trial in a Maryland school bullying case by saying they returned a verdict for the defense because they were afraid of setting a bad precedent for school systems throughout the country.
      Read more...
    • Abuse Victim Can Sue Ex-DA Over 'Sexting' Messages

      A Wisconsin judge has protected a domestic violence victim from a rogue prosecutor, finding that she can sue him for sending her text messages in which he pressured her to have sex with him.
      Read more...
    • Four Loko Maker Says Users Knew of Health Dangers

      The maker of Four Loko has previewed its defense of a slew of product liability lawsuits, arguing that the physical effects of the energy drink's mixture of alcohol and caffeine — far from being an undisclosed risk to consumers — are precisely what made it so popular.
      Read more...
    • Mortician Sued for Speaking Ill of the Dead

      In a first-of-its-kind unprofessional conduct lawsuit, a woman has sued her former boss at a Michigan funeral home for making an indecent comment about the body of a dead man in front of her.
      Read more...
    • 'Next Friends' of Orcas Bid to Stop SeaWorld Slavery

      An animal rights lawsuit against SeaWorld for enslaving five killer whales at its aquatic theme parks in San Diego and Orlando may sink even though humans are representing the orcas as their “next friends.”
      Read more...
    • Jury Finds No Harm to Boy From Wrongful Circumcision

      In a blow to supporters of male “genital integrity,” an Indiana jury has ruled that a doctor did not injure a boy by circumcising him when he was an infant even though his mother wanted him to be left intact.
      Read more...
    • Guest Can Sue Motel 6 Over Attack by Woman's Pimp

      A guest who paid for sex with a prostitute at a Motel 6 did not assume the risk of being attacked several hours later by the prostitute's pimp, a Pennsylvania judge has ruled in an unusual premises liability lawsuit against the motel operator.
      Read more...
    RC_OnFile

    Marsh v. Air Tran Airways
    Subject: Roaches on a plane
    Document: Complaint

    Classic Media v. J.G. Wentworth
    Subject: "Lassie" copyright
    Document: Complaint

    Kardashian v. Old Navy
    Subject: Publicity rights
    Document: Complaint

    McKee v. Laurion
    Subject: Doctor defamation
    Document: Opinion

    Francis v. U.S.
    Subject: Bear attack
    Document: Decision

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    RC_OnTrial

    Doe v. Discovery Day Care
    Court: Miami-Dade Circuit
    Subject: Child molestation
    Verdict: $3,000,000

    Hoback v. City of Chattanooga
    Court: USDC, E. Tenn.
    Subject: PTSD discrimination
    Verdict: $680,000

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    RC_OnTheDocket

    Brown v. Herbert
    Date: 12/16/11
    Court: USDC, Utah
    Hearing: Motion to dismiss polygamy case

    more