
• Owners of Who Dat?, Inc. sue the NFL and the New Orleans Saints for trademark infringement, seeking to protect the mark that "has become one of the most recognizable in all of America and quickly became well-known around the world." Who Dat?, Inc. v. NFL Properties
• Army bomb disposal expert sues the makers of "The Hurt Locker" for plagiarizing his life story. The film is "nothing more than the exploitation of a real life honorable, courageous, and long serving member of our country’s armed forces, by greedy multi-billion dollar 'entertainment' corporations." Sarver v. The Hurt Locker
• Former patient sues the Cincinnati hospital where he was sexually assaulted by a transgender nurse. The nurse's "employment while masquerading as a member of the female gender in a hospital environment involved an unreasonable risk of harm to others." Evans v. University of Cincinnati
• Federal judge enjoins the City of Phoenix from enforcing a noise ordinance against "sound generated in the course of religious expression," finding the right of churches to ring bells outweighs "the City's interest in preserving the peace and tranquility of its neighborhoods." St. Mark Roman Catholic Parish v. City of Phoenix
• 5th Circuit says a Texas city's junked vehicle ordinance applies to a cactus planter made out of wrecked Oldsmobile 88. "Irrespective of the intentions of its creators ... the car-planter is a utilitarian device, an advertisement, and ultimately a 'junked vehicle.'" Kleinman v. City of San Marcos
• Oklahoma City bomber Terry Nichols notifies a federal judge that he has gone on hunger strike, saying he is "prepared to die if necessary because he is done allowing his body to be defiled by [ ] refined and dead foods." Nichols v. Federal Bureau of Prisons
• Texas judge finds the makers of a film about Rin Tin Tin did not infringe on the trademarks of a breeder of German Shepherds. "Defendants['] title 'Finding Rin Tin Tin: The Adventure Continues" is a fair use of the term 'Rin Tin Tin.'" Rin Tin Tin, Inc. v. First Look Studios
• Illinois appeals court says the contact sports exception to negligence liability does not apply to the case of an athletic trainer who was struck in the eye by a hockey puck while refilling water bottles. Michael Weisberg "suffered injuries as a result of alleged conduct that was not inherent to the sport of hockey." Weisberg v. Chicago Steel

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Hypnosis Show Volunteer Alleges Mental Injuries |
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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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