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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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Fair Housing Council v. Roommate.com

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Helmburg v. Alpha Tau Omega

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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."
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Obsidian Finance v. Cox

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• 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.
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• 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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Hypnosis Show Volunteer Alleges Mental Injuries Print

 

cady

Chris Cady

Stage hypnotist Chris Cady promotes his show as "controlled, positive, safe" entertainment. But in what could be a mesmerizing case, a volunteer at one of Cady's performances is claiming his experience of being hypnotized caused him severe psychological injury.

Louis Johnson had to be subdued by police and hospitalized after Cady allegedly failed to bring him out of the hypnotic state during a performance for seniors at a northern California high school in May 2006.

There is no precedent in the U.S. for a successful claim of psychological injury against a stage hypnotist. According to Cady's Web site, “It is impossible for anyone to get stuck in hypnosis, lose control or be made to do something against their morals ... No one has ever been injured physically or mentally in one of my shows.”

Johnson, then a senior at Hercules High School, volunteered with several other students to be hypnotized by Cady. But he and his mother allege in a negligence suit filed earlier this month that toward the end of the performance,

while still in a hypnotic trance, [he] proceeded to run out of the building, jump two flights of stairs and continued running through the campus in an incoherent state.

Six police officers were required to handcuff him and strap him onto a gurney for the ride to the hospital, where a psychiatrist “'reversed' the effects of the hypnosis and brought Louis Johnson out of the hypnotic state.”

The complaint names Cady, Clowns of the U.S. -- which referred him to the school –- and the West Contra Costa Unified School District as defendants. “As a result of each of the defendants' actions, [Johnson] suffered extreme physical and emotional injury,” it says.

In Britain, activists campaigned to ban stage hypnosis, arguing it is too powerful a tool to be used for entertainment purposes. William Kroger, a renowned hypnotherapist, has warned that stage hypnosis can cause adverse psychological reactions in some subjects.

But Johnson will have to show that a stage hypnotist owes a duty of care to protect a volunteer who offers to undergo hypnotism from psychological injury.

In 2001, a British judge awarded £6,500 in damages to a woman who claimed a stage hypnotist reawakened memories of childhood sexual abuse by persuading her she was eight years old. “I went to that stage show as a normal, happy, healthy, energetic woman and came out a zombie,” she testified in the landmark case.

The hypnotist, the judge concluded in Howarth v. Green, “failed to ensure that his instructions were sufficiently clear for his volunteers not to indulge in [the] known danger of age regression.”

Johnson's attorney believes Cady should be liable for failing to disclose the risks of stage hypnosis. "You can't have an individual make an informed decision [about volunteering] if they don't know the risks," David Hermelin (Hermelin Law Firm, Martinez, Calif.) tells On Point.

Since Cady describes his show on his Website as "one of the safest types of programs you could ever have," it would not be surprising if he made no disclosure of risk.

Hermelin also argues that a higher degree of care is required at hypnosis shows involving underage volunteers. The complaint does not detail what instructions Cady gave Johnson, but Hermelin says the hypnotist may have videotaped his performance.

Johnson has graduated from Hercules High but, according to the suit, "still suffers the adverse effects from being hypnotized at the Senior Breakfast.”

By Matthew Heller
5/29/07

 
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