
• 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.
• 11th Circuit denies a challenge to an ordinance restricting handouts of food to the homeless in Orlando parks. "[W]e are unpersuaded that the conduct of simply feeding people ... is expressive for First Amendment purposes." First Vagabonds Church v. City of Orlando

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Judge Loses Missing Pants Suit, Could Lose Shirt |
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Soo and Jin Nam Chung
A Washington, D.C., judge has found the customer completely wrong in the $54 million case of the missing suit pants, awarding a judgment to the defense that could end up costing plaintiff Roy C. Pearson dearly.
Pearson, an administrative law judge, insisted the case was not about the pants that his dry cleaner allegedly lost, but the “Satisfaction Guaranteed” sign they displayed in their store. The sign, he argued, was an unconditional warranty that required Custom Cleaners to satisfy him in any way he saw fit.
“Nothing in the law supports that position,” D.C. Superior Court Judge Judith Bartnoff said in her decision following a two-day bench trial. “To the contrary, a claim of an unfair trade practice properly is considered in terms of how the practice would be viewed and understood by a reasonable consumer.”
Even the other Custom Cleaners customers who testified on behalf of Pearson had not adopted his “expansive interpretation,” she noted, concluding that
A reasonable consumer would not interpret “Satisfaction Guaranteed” to mean that a merchant is required to satisfy a customer’s unreasonable demands or to accede to demands that the merchant has reasonable grounds to dispute.
Bartnoff ordered Pearson to pay the defendants' court costs. She will rule later on a motion for attorney's fees –- which defense counsel has estimated at about $100,000 and will hinge on whether Bartnoff finds the plaintiff a vexatious litigant.
The judgment also won't help Pearson's career. Since he became a symbol of lawsuit abuse, the American Tort Reform Association has urged D.C. officials not to reappoint him to the bench and the National Labor Relations Board has called for his disbarment.
Pearson sued the owners of Custom Cleaners -- Soo and Jin Nam Chung -- after they rejected his demand for $1,150 in compensation for the pants. He originally sought $65 million in damages under the D.C. Consumer Protection Procedures Act, alleging it was an unfair trade practice for the Chungs to offer an unconditional guarantee that they did not intend to honor.
Soo Chung, Bartnoff said in her ruling, testified that she understood “'Satisfaction Guaranteed' to have the common sense meaning that if a customer has a problem, Custom Cleaners will do its best to fix the problem ... and if the problem cannot be fixed, Custom Cleaners will compensate the customer for the value of the clothing.”
The Chungs have attempted to return a pair of pants to Pearson but he has insisted they are not his. Bartnoff ruled that Soo Chung's
explanation that she recognized the disputed pants as belonging to Mr. Pearson because of the unusual belt inserts was much more credible than his speculation that she took a pair of unclaimed pants from the back of the store and altered them to match his measurements.
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Other Pearson v. Chung Sources
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Off With His Head! Woman Sues 'Mad Hatter' Actor
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Charity Worker Accuses CEO of Hypnotic Seduction
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Appeal is Expert's Latest Challenge to Judges
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Plaintiff's Expert Files Appeal in 'Popcorn Lung' Lawsuit
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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.
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'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.
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Sex Harassment Claims Hit Actor Affleck, 'Bones' Star
A producer of a film about actor Joaquin Phoenix, an extra on the set of the TV show “Bones,” an assistant property master, and a makeup artist are among the plaintiffs in a recent epidemic of lurid Hollywood lawsuits.
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Arnaout v. Warden Subject: Muslim inmate prayer Document: John Walker Lindh declaration
Marriage of J.B. and H.B. Subject: Same-sex divorce Document: Opinion
Stovell v. James Subject: LeBron's paternity Document: Complaint
U.S. v. Arizona Subject: Illegal immigration Document: Complaint
Rosenberg v. Google Subject: Negligent navigation Document: Complaint
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McCourt v. McCourt Court: L.A. Superior Subject: Dodgers divorce
Pom Wonderful v. Welch Foods Court: USDC, C. Calif. Subject: False advertising
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McCourt v. McCourt Date: 8/30/10 Court: L.A. Superior Hearing: Dodgers divorce trial
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