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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• Maryland appeals court says dog owners can be held strictly liable for pit bull attacks. "Because of its aggressive and vicious nature and its capability to inflict serious and sometimes fatal injuries, pit bulls and cross-bred pit bulls are inherently dangerous." Tracey v. Solesky

• Woman who has been diagnosed as a sex addict sues a school district for failing to prevent her from having sex with male students on the school bus when she was in 11th grade.
Barksdale v. Egg Harbor Township Bd. of Ed.

• Civil rights activist challenges Georgia's "stand your ground law." "By not defining what actions create a reasonable perception justifying the use of deadly force, the Act[] potentially deprives all Georgia[n]s of the right to life without due process of law." Hutchins v. Deal

• Former patient of a Rhode Island doctor sues him for featuring her in a book about drug addiction. "Plaintiff had expected, as any reasonable patient would, that her private conversations during her treatment sessions with the Defendant would remain private and confidential."
Lisnoff v. Stein

• Class action alleges the YMCA deceives consumers by representing that it practices "Christian" values while allowing its gyms to be used for gay sex trysts. "YMCAs around the country ... are currently being used as brothels for cruising, with the YMCA's knowledge and implicit consent."
Keister v. YMCA

• Social workers are not liable for a sexual assault on a 5-year-old boy by a 16-year-old male placed in an adoptive home. "To rule against the individual defendants in this case would definitely break new ground."
Doe v. Braddy

• Student sues college for refusing to grant her the "reasonable accommodation" of a single room after she complained about her roommate's exhibitionist behavior.
Blankmeyer v. Stonehill College

• School district can be sued over a guidance counselor's sexual relationship with a student who was over the age of consent. "The inherent imbalance of power between a guidance counselor in a public school and a student may render opportunistic sexual predation sufficiently shocking, even with a 'consenting' student over sixteen, to form the basis of a substantive due process claim."
Doe v. Fournier

• Utah judge finds a "credible threat" that Utah County officials will prosecute a polygamist and his wives for bigamy. The officials' acts "suggest that an actual prosecution of Plaintiffs is forthcoming."
Brown v. Herbert

• Louisville, Ky., strip club sues a competitor for displaying an electronic sign outside a convention center that said "Don't go to Godfathers, their girls are ugly and have crabs."
The Godfather v. Trixie's Lounge

• A lawyer cannot sue two women he dated for posting derogatory comments about him on liarscheatersrus.com. "[W]hen viewed within the larger context of the website on which they were posted, there can be no doubt that a reasonable reader would understand the comments to be opinion." Coulotte v. Ryncarz

• Oglala Sioux tribe sues beer makers and Whiteclay, Neb., bars for enabling alcohol abuse on the Pine Ridge Indian Reservation. The illegal trade in alcohol has "caused devastating injuries to the Lakota people and massive financial damages to the [tribe]."
Oglala Sioux Tribe v. Schwarting




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Judge OKs Claim Alleging Marlon Brando Will a Fake Print

The ex-wife of Marlon Brando's son Christian appears to have made some headway in her attempt to prove that the executors of Brando's $22 million estate illegally obtained their power through a forged codicil to his will.

A Los Angeles judge had dismissed Deborah Brando's fraud claim against the executors, finding that her second amended complaint “sets forth no specific facts indicating the nature and content” of misrepresentations the executors allegedly made to her to conceal the forgery while she was negotiating the settlement of a domestic violence suit against Christian Brando.

As part of the settlement, Christian, who died in January, assigned his inheritance rights under his father's will to Deborah Brando.

But the third time was a charm for Brando as Superior Court Judge Yvette M. Palazuelos recently overruled a demurrer to the fraud claim in her third amended complaint. “Although the[ ] newly alleged facts are somewhat vague, they address this Court's concerns by providing more details to apprise Defendants of the allegations against them,” she said.

If Palazuelos had sustained the demurrer, she would likely have done so without leave to amend, meaning Brando could not have refiled the claim.

Marlon Brando's original will appointed longtime retainers JoAn Corrales and Alice Marchak to administer his estate. The codicil –- dated less than two weeks before his death in July 2004 -- replaced them with former Hollywood studio chief Mike Medavoy, accountant Larry Dressler, and Avra Douglas (a friend of Brando's daughter Rebecca).

Christian Brando never challenged the authenticity of the codicil himself, but Deborah Brando, invoking her assigned rights, alleged in a complaint originally filed two days after Christian's death that the executors “conspired to deceive and conceal from the Plaintiff the fact that the Codicil to the will was not signed by Marlon Brando, and that the signature thereon is a forgery.”

In her third amended complaint, she addressed the “how, when, where, to whom, and by what means” the executors allegedly deceived her as follows:

1) who –- each of the defendants 2) what –- conspired in forging the signature of Marlon Brando, and concealing the fact of the forgery 3) when –- just prior to the death of Marlon Brando 4) where –- at Marlon Brando's estate on Mulholland Drive 5) why -- to be able to control a multi-million dollar estate, and to profit therefrom.

The suit also includes a claim for a court order declaring the codicil is not valid, but the fraud claim potentially exposes the executors to damages. Palazuelos also allowed Deborah Brando to proceed with a claim against notary public Neil Dekter for breaching his professional duty by notarizing the codicil without witnessing Marlon Brando's signature.

Marlon Brando's former caregiver Angela Borlaza filed two lawsuits alleging the signature was forged, but both cases settled before the parties litigated the merits. Deborah Brando's case has now been referred to mediation.

UPDATES

  • In a related probate case, an appeals court ruled July 30, 2009 that Deborah Brando did not have standing to challenge Marlon Brando's will.

  • A court document filed Jan. 5, 2010 indicates Deborah Brando's suit against the Brando estate was settled.



  • Other Brando Will Sources

    By Matthew Heller
    12/26/08


     

    Editor's note: On Point's RSS feed has moved to this link.

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