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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LC_ExtraPoints

• 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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Female Coaches Challenge Firing for Prank Print

Two female basketball coaches who were fired for taking students at a Wyoming junior high school on a hazing expedition are claiming that male teachers have gotten away with a “laundry list” of far worse offenses.

Sheryl Shroefel and Melisa Mahoney do not deny that they deserved to be disciplined for conduct one reader of the Billings Gazette newspaper called “idiocy.” In April 2002, while supervising a sleepover for the girls' basketball team at Centennial Junior High in Casper, they took six students with them to the homes of two male coaches to “pull a prank 'haze.'”

The prank backfired after the male coaches objected to having their lawns, trees and cars decorated with toilet paper, syrup, plastic wrap and tampons.

But in a wrongful termination suit, Shroefel and Mahoney say the discipline they suffered went far beyond what the Natrona County School District has imposed on male teachers for offenses ranging from sexual harassment of students to using school computers to view online porn.

The district “has a pattern and practice of permitting male employees and/or agents to engage in conduct far more egregious than that of Plaintiffs, without imposing any form of discipline,” the complaint alleges.

The coaches' judgment, to put it mildly, was questionable, particularly as the principal at Centennial had specifically instructed them to keep the students on school premises during the sleepover.

“If your child were entrusted to the care of what you believed were responsible adults, how could you condone this escapade?” asked another Billings Gazette reader.

In letters attached to the complaint, however, the Wyoming Department of Employment found merit to the coaches' claims of discrimination, noting that male employees of the district

have engaged in a laundry list of offenses, both less and far more egregious than that of [the coaches], and no one has ever received the same severity of discipline as [the coaches].

The district's “assertion that sex played no part in its decision to discipline [the coaches] does not withstand objective scrutiny,” the department said, and the “evidence unerringly supports a conclusion that [the district] would not have disciplined males in the same manner.”

By Matthew Heller
10/24/06



Kirby Puckett

Nearly eight months after baseball Hall of Famer Kirby Puckett died without specifying who should get his cremated remains, a Phoenix judge has ordered the executor of his estate to release them to his ex-wife.

“There is no statute or case law in Arizona regarding who is entitled to possession of the remains of a decedent,” Maricopa County Superior Court Judge Benjamin E. Vatz said. But he agreed with Tonya Puckett that the two children she had with Kirby Puckett are entitled to their father's remains.

“That [executor Brian Woods] has elevated his belief in what the Decedent would have wanted over the clear wishes of Decedent’s siblings and the emotional needs and desires of the Children is unreasonable,” Vatz said in his order.

Puckett's ashes have been kept at a Minneapolis funeral home since he died of a stroke in Phoenix in March. Tonya Puckett filed a petition to compel release of the remains after she and her ex-husband's fiancée, Jodi Olson, could not agree over their disposition.

Vatz noted that Woods, who was Puckett's close friend and longtime business advisor, “firmly believes that the Decedent would strongly oppose giving the Petitioner control over his remains in any capacity.”

But in granting Tonya Puckett's petition, Vatz found that Woods' “decision to refuse to release Decedent’s cremated remains to the Children has imposed emotional hardship on the Children” and was “unsupported by any expressed wishes of the Decedent.”

“Had the Decedent not wanted his remains to be in the home of the Petitioner, then he would have taken care to express that wish in writing,” he concluded.

The judge also removed Woods as executor for, among other things, using his power of attorney to transfer $50,000 from the estate to Olson before the petition for probate was filed. Puckett did not name Olson as a beneficiary in his will.

By Matthew Heller
10/24/06

 
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

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