Perry v. Schwarzenegger
Judge strikes down California's same-sex marriage ban, finding that "Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians."
U.S. v. Arizona
Arizona judge enjoins enforcement of a new immigration law's requirement that police determine the immigration status of
every person who is arrested.
McGuire v. United Airlines
Michigan woman says a United Express flight crew locked her in a plane for nearly four hours after it landed because they failed to ensure that all passengers had disembarked.
R.H. v. Schenectady Sch. Dist.
Middle school student says he was suspended for wearing rosary beads because the rosary "is considered a gang-related symbol" and cannot be worn in school.
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• 9th Circuit says the U.S. may be held vicariously liable for the sexual harassment of asylum applicants by an INS officer. "California law makes the United States bear the cost of [Thomas] Powell’s conduct, unauthorized but incidental to the asylum system." Lu v. Powell

• Nevada man sues the Mormon church over a back injury he suffered performing baptisms for the dead. The church was negligent in not warning Daniel Dastrup that "the repetitive motion required for performing baptisms for the dead could cause serious damage to a person's back."
Dastrup v. LDS Church

• Attorney says he was harassed by his boss at a Newport Beach, Calif., law firm because refused to attend a seminar "where he would be stripped naked, not allowed to leave, be required to discuss details of his sex life, handle a wooden dildo, and potentially allow other men to touch his genitals."
Eggleston v. Bisnar/Chase

• Parents of a 10-year-old boy who witnessed a killer whale's fatal attack on a trainer sue Sea World Orlando for infliction of emotional distress. "Without question, it was reasonably foreseeable and in fact predictable that an attack such as this one by a killer whale with the tendencies of Tilikum was inevitable." Connell v. Sea World

• Denver judge dismisses Oklahoma City bomber Terry Nichols's civil rights claims against prison officials for denying him a high-fiber diet.
Nichols v. Federal Bureau of Prisons

• Illinois teenager with cerebral palsy sues the Special Olympics for refusing to let her play basketball with the help of a service dog.
Youngwith v. Special Olympics

• Montana judge sets aside a government decision removing protections for the northern Rocky Mountain gray wolf. The Endangered Species Act "was not intended to sow the dragon's teeth of strife or to plant the seeds of future conflicts that have given rise to this case."
Defenders of Wildlife v. Salazar

• San Francisco judge dismisses a cereal consumer's false advertising suit. "[T]here is nothing in the packaging or marketing of Cap’n Crunch that would in any way deceive a reasonable consumer into believing that the cereal contains or derives nutritional value from real fruit." Werbel v. PepsiCo

• Iowa judge says a sheriff denied the applications of a father and son for concealed weapons permits in retaliation for their political activism. "This is a great reminder that the First Amendment protects the sole individual who may be a gadfly, kook, weirdo, nut job, whacko, and spook, with the same force of protection as folks with more majoritarian and popular views." Dorr v. Weber

• 5th Circuit rules that a school district violated the religious freedom of a Native American boy by requiring him to wear his long hair in a bun on top of his head or in a braid tucked into his shirt. The boy "has a sincere religious belief in wearing his hair uncut and in plain view."
A.A. v. Needville Ind. Sch. Dist.




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Injury Claims

Dr. Phil Suit May Backfire on Holloway Suspects Print

 

Natalee Holloway

By suing Dr. Phil for defamation in California, two Surinamese brothers may have given their “implied consent” to being sued for wrongful death in the same jurisdiction by the parents of missing Alabama teen Natalee Holloway.

Deepak and Satish Kalpoe were investigated in Holloway's disappearance while she was on a class trip to the Caribbean island of Aruba. They were seen leaving a nightclub with Holloway and a Dutch national, Joran van der Sloot.

Holloway's parents previously filed a wrongful-death suit in New York against van der Sloot, but a judge dismissed the case, declining jurisdiction over a dispute with no “substantial connection” to New York. But could the Kalpoes have stumbled into a jurisdictional trap of their own making?

“We hope to capitalize on the Kalpoes' decision to utilize the California courts in a frivolous claim for compensation, and give Natalee's parents the closure they need and deserve,” the parents' attorney, John Q. Kelly, said.

In a suit filed Dec. 13 in Los Angeles Superior Court, the Kalpoe brothers accused Dr. Phil and the producers of his talk show of falsely portraying them “as being involved in the murder of Natalee Holloway.”

A day later, however, Beth Holloway Twitty and Dave Holloway sued the Kalpoes in the same court, accusing them of being the “legal cause of the fatal injuries sustained by Deceased Natalee Holloway.” And they argue that the libel action gives California “personal jurisdiction” over the brothers as defendants in the wrongful-death action.

The Kalpoes “impliedly consented to the jurisdiction of this Court ... by filing and commencing an action in this Court seeking damages for claims arising from and related to the subject matter, events, occurrences and transactions upon which Plaintiffs' action is based,” the complaint states.

In 1991, the 1st U.S. Circuit of Appeals broke new ground by allowing personal jurisdiction over a defendant who has commenced a separate action before the same court relating to “the same transaction or occurrence.”

There would be an “unjust symmetry,” the court said in General Contracting & Trading v. Interpole, 940 F.2d 20 (1991), if a party was able to

enjoy the full benefits of access to a state's courts qua plaintiff, while nonetheless retaining immunity from the courts' authority qua defendant in respect to claims asserted by the very party it was suing.

A California appeals court followed that precedent in Nobel Farms v. Pasero, 106 Cal.App.4th 654 (2003), ruling that “jurisdiction may exist if the defendant has purposefully availed itself of forum benefits or the controversy is related to or arises out of the defendant's contacts with the forum.”

The Kalpoes claim Dr. Phil is liable for material aired on the Sept. 15, 2005 episode of his show. The broadcast prompted Twitty to go on national TV and urge Aruban authorities to reopen their investigation of the Holloway case.

According to Holloway's parents, the Kalpoes' libel action is based "in substantial part" on statements made by Twitty in those TV interviews, “all of which relate to the events which are the subject of this [wrongful-death] action.”

In Nobel Farms, however, a legal malpractice suit arose from an attorney fee dispute between the same parties. Interpole granted jurisdiction in a business fraud case brought by "the very party" that the defendant had sued.

It seems like a stretch to argue that the claims of Holloway's parents are related to a libel suit in which they are not parties and that anything to do with their daughter's disappearance arises out of the "same transaction."

Other Holloway Case Sources

By Matthew Heller
12/16/06

 
rc_insidestories
  • Court Raps Judge Over 'Moral' Views in Adoption Case

    The Georgia Court of Appeals has rejected the reactionary views of a family court judge who ruled that a foster parent could not adopt a child because her out-of-wedlock relationship with a man was “immoral.”
    Read more...
  • Off With His Head! Woman Sues 'Mad Hatter' Actor

    Experimental theater clashes with premises liability law in the case of a Kentucky woman who claims she was injured while watching a performance of a circus-inspired play when one of the actors balanced his knee on her head.
    Read more...
  • Charity Worker Accuses CEO of Hypnotic Seduction

    A former charity worker may be pushing the limits of sexual harassment law by alleging that her boss required her to participate in “relaxation sessions” on his “magic couch” during which he hypnotized and molested her.
    Read more...
  • Appeal is Expert's Latest Challenge to Judges

    Expert witness Dr. David Egilman was previously successful in showing he had standing to appeal a judicial order in a case in which he was not a party — but that case may not help him in his latest challenge to a trial judge.
    Read more...
  • Plaintiff's Expert Files Appeal in 'Popcorn Lung' Lawsuit

    A controversial expert witness for plaintiffs has filed an unusual non-party appeal of a Washington state judge's decision finding his theory that snackers can contract lung disease from exposure to microwave popcorn is not scientifically sound.
    Read more...
  • Philly School Sued Over Race Attack on Student's Mom

    Taking civil rights law to what may be an extreme, an Asian-American woman is alleging a Philadelphia high school's tolerance of racism rendered her “helpless prey” to African-American students who attacked her when she picked her child up from the school.
    Read more...
  • 'McSteamy' Sex Tape Suit Cools off With Settlement

    Acting couple Eric Dane and Rebecca Gayheart have dropped a $1 million lawsuit against Gawker.com for publishing a videotape featuring them in a nude threesome with a friend after the gossip website agreed to take down the much-viewed posting.
    Read more...
RC_OnFile

Mohamed v. Jeppesen Dataplan
Subject: State secrets
Document: En banc opinion

Young v. Facebook
Subject: Discrimination
Document: Complaint

LaRocco v. McDonald's
Subject: Hot chocolate scalding
Document: Complaint

Stovell v. James
Subject: LeBron's paternity
Document: Motion to dismiss

Arnaout v. Warden
Subject: Muslim inmate prayer
Document: John Walker Lindh declaration

more

RC_OnTrial

McCourt v. McCourt
Court: L.A. Superior
Subject: Dodgers divorce

Pom Wonderful v. Welch Foods
Court: USDC, C. Calif.
Subject: False advertising

more


RC_OnTheDocket

McCourt v. McCourt
Date: 8/30/10
Court: L.A. Superior
Hearing: Dodgers divorce trial

more