
• 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.

|
|
Cockfight Webcaster Challenges Animal Cruelty Law |
|
The operator of a website that broadcasts offshore cockfights is challenging a federal ban on the sale of depictions of animal cruelty, saying it has a chilling effect on freedom of speech.
ToughSportsLive.com offers its subscribers live broadcasts of cockfights from Puerto Rico, where the “sport” is still legal. Hoping to preempt criminal charges under the largely untested animal cruelty law, Advanced Consulting and Marketing of Hollywood, Fla., which owns the site, filed a declaratory relief action last month.
Cockfighting, the company insists, is an “important and popular sport” and the law is “much broader than necessary” to accomplish its purpose of stamping out the animal-abusing porn genre known as “crush videos.”
The threat of criminal prosecution “unconstitutionally chills the free exercise of Plaintiff's First Amendment rights to freedom of speech,” the complaint says.
18 U.S.C. Section 48, signed by President Clinton in 1999, defines a depiction of animal cruelty as a “photograph, motion picture film, video recording, electronic image or sound recording” in which a living animal is “maimed, mutilated, tortured or killed.” Such depictions “often appeal to persons with a very specific sexual fetish,” the legislative history notes.
In the first criminal case to be tried under the law, Robert Stevens of Pittsville, Va., was convicted in 2005 of three counts for staging dogfights. And the cockfight webcasters may have as much chance of striking down the statute as Michael Vick does of winning an award from the Humane Society.
But Advanced Consulting claims it is protected from the law by an exception which applies to “any depiction [of animal cruelty] that has serious religious, political, scientific, educational, journalistic, historical or artistic value.”
“Cockfighting has been an object of serious anthropological study and philosophical study for centuries, and its importance in many cultures stretching from the world to the present day is well-documented,” the suit says, going on to quote such venerable figures as St. Augustine, Shakespeare and Abraham Lincoln.
A teaser trailer on ToughSportsLive, however, is heavier on hype than cultural enlightenment. Flashes of rooster ultra-violence alternate with voluptuous Puerto Rican girls flashing round cards, big smiles and prominent cleavage.
Besides cockfighting, the website broadcasts “Girls and Guns,” featuring bikini-clad women toting automatic weapons, and “Rio Heroes” (live “no rules” fist fights from Brazil).
As for constitutional issues, Clinton himself recognized the cruelty law should be given a “narrow construction” in his signing statement. “It is important to avoid constitutional challenge to this legislation and to ensure that the act does not chill protected speech,” he said.
“[T]he Department of Justice has evidently departed from President Clinton's directive,” Advanced Consulting complains.
But in the Stevens case, the government successfully argued that it has a compelling interest in protecting animals and the ban on commercial sale of depictions of cruelty is “narrowly tailored” to serve that interest. Stevens' appeal of his convictions is pending.
|
UPDATE
Advanced Consulting voluntarily dismissed the case Feb. 7, 2008. The company no longer operates the ToughSportsLive site.
|
By Matt Reynolds 8/25/07 
|
|
-
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...
|
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
more
|
|
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
more
|
|
Brown v. Herbert Date: 12/16/11 Court: USDC, Utah Hearing: Motion to dismiss polygamy case
more
|
|
|