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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Court Backs Dad Teaching Polygamy to Daughter Print

 

Stanley Shepp

Stanley Shepp still has only one wife, but after a four-year legal battle, the would-be polygamist has overturned a court order that barred him from promoting the virtues of plural marriage to his 13-year-old daughter.

The Pennsylvania Supreme Court held last week by a 5-1 majority that a trial judge abused his discretion in restricting Shepp's religious expression. As part of a child custody decision, the judge said Shepp, who now lives in Utah, could not teach his daughter Kaylynne “about polygamy, plural marriages or multiple wives” while she is a minor.

“Where, as in the instant matter, there is no finding that discussing such matters constitutes a grave threat of harm to the child, there is insufficient basis for the court to infringe on a parent’s constitutionally protected right to speak to a child about religion as he or she sees fit,” the majority opinion said.

But the dissenting justice said the trial judge, Stephen M. Linebaugh, had made the required finding. “I believe the trial court’s opinion indicates that it found a sufficiently grave threat to warrant restricting Father’s ability to indoctrinate Child into criminal conduct,” Justice Max Baer wrote in his dissent.

Kaylynne's mother, who divorced Shepp in 2001 because he wanted more wives, is considering an appeal to the U.S. Supreme Court. She has said she she does not want her daughter to interact with polygamist families or “to be taught polygamy in any way.”

In his September 2002 opinion, Linebaugh said trial testimony had shown that Shepp “clearly would” pursue his belief in polygamy. Among other things, Shepp's stepdaughter testified he told her that if she didn't practice polygamy, she would go to hell.

But the trial judge went on to conclude, “While we may have evidence of moral deficiency of [F]ather because of his belief in having multiple wives, there has been no evidence of a grave threat to the child in this case.”

According to Baer, that finding is consistent with granting Shepp partial custody of Kaylynne. But Linebaugh also prohibited the teaching of polygamy, Baer said,

to hedge against Father’s coercive conduct in seeking to induct Child into a repugnant and criminal activity in adolescence at a time when Child’s lack of autonomy and worldly sophistication would make it difficult for her to protect herself and make an informed decision.

The earlier analysis of Pennsylvania's intermediate court of appeals only adds to the confusion. The Superior Court affirmed the trial court's order, but said its factual findings were not consistent with “its conclusion that [Shepp] poses no grave threat to his daughter.”

The welfare of a minor is far too serious a matter to be decided on such a murky record. Linebaugh, at the very least, should have clearly and unambiguously stated why he was restraining Shepp's speech despite finding no "grave threat" to the child.

By Matthew Heller
10/2/06

 
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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

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Subject: Bear attack
Document: Decision

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RC_OnTrial

Doe v. Discovery Day Care
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Subject: Child molestation
Verdict: $3,000,000

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Court: USDC, E. Tenn.
Subject: PTSD discrimination
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RC_OnTheDocket

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

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