
• 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
• 3rd Circuit rules that a couple can sue Google for trespassing on their property while photographing it for the Street View feature. "[T]he Borings have alleged that Google entered upon their property without permission. If proven, that is a trespass, pure and simple." Boring v. Google
• Minnesota judge reduces a jury award of copyright infringement damages against an illegal music file sharer from $2 million to $54,000. "The need for deterrence cannot justify a $2 million verdict for stealing and illegally distributing 24 songs for the sole purpose of obtaining free music." Capitol Records v. Thomas-Rasset
• Special master says Texas Court of Criminal Appeals Judge Sharon Keller's conduct on the day of an execution was "not exemplary," but "she did not engage in conduct so egregious that she should be removed from office." In re Honorable Sharon Keller
• New Jersey appeals court says a female business owner can sue a male customer for refusing to do business with her unless she gave him sexual favors. "The quid pro quo sexual harassment alleged in the complaint, if legally permitted, would stand as a barrier to women's ability to do business on an equal footing with men." J.T.'s Tire Services v. United Rentals
• New Mexico judge says a photographer may be compelled to photograph a same-sex commitment ceremony despite her religious convictions because she "is not being forced to participate in any ceremony or ritual; the only requirement is that she photograph the event." Elane Photography v. Willock
• Tennessee judge rules that the PGA Tour does not have to accommodate a golfer by allowing him to take testosterone shots. Doug Barron "has not shown that the 'reasonable accommodation' he has requested ... is necessary in order for him to continue playing golf in PGA Tour events." Barron v. PGA Tour
• 6th Circuit says two high school basketball coaches did not use excessive corporal punishment in paddling a player. One of the coaches "testified that he only paddled Martin [Nolan] a total of ten times during Martin’s tenure at Hamilton [High School]." Nolan v. Memphis City Schools
• Wrongful-death lawsuit alleges a cell phone company is liable for a fatal auto accident allegedly caused by a customer who was driving while "engrossed" in a cell phone conversation. Sprint/Nextel "failed to warn of the hazard of cell phone use while driving." Estate of Doyle v. Sprint/Nextel

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Judge OKs Claim Alleging Marlon Brando Will a Fake |
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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.
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Other Brando Will Sources
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Dancer Strips Club of $100K in DUI Case
A former stripper has won a $100,000 award in an unusual employment law case as a jury found a Birmingham, Ala., strip club liable for allowing her to drive home from work “in a highly intoxicated state.”
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Halliburton Takes Swing at Alleged Rape Victim
Perhaps befitting the former employer of Dick Cheney, KBR/Halliburton has taken the low road in asking the U.S. Supreme Court to bar a former employee from having a public trial of her claims that she was gang raped by co-workers in Iraq.
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Tenant's Gripe Tweet Too Vague to be Libel
A Chicago judge has dismissed the first libel case involving a single Twitter posting, finding that an apartment renter's gripe about her landlord was too vague and imprecise to be construed as defamatory.
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Copperfield Wants U.S. to Keep Evidence From Accuser
Magician David Copperfield has some sharp words for federal prosecutors who have refused to acknowledge that they dropped a sexual assault investigation against him because of the accuser's lack of credibility.
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Hotel Exec Settles Drug Death Case
The former CEO of a luxury hotel operator has quickly settled a lawsuit accusing him of causing the drug overdose death of his girlfriend, On Point has learned –- even though he describes the allegations as “slanderous and bogus.”
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Bingo for "Bruno!" Baron Cohen KO's Verbal Spat Case
A California judge has dismissed a verbal assault case against comedian Sacha Baron Cohen, finding that a woman initiated a confrontation with him during the filming of a scene for the movie “Brüno” and “not vice versa.”
Read more...
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"No Sex Involved" in Orgy Viewing Case, Hotel Insists
A former manager at the Hilton Minneapolis who claimed she walked in on an orgy at a company sales conference has “sensationalized” what was only “some questionable behavior,” the hotel's owner says in arguing that her sexual harassment case should not go to trial.
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North Face Apparel v. The South Butt Subject: Trademark infringement Document: Answer to complaint
Stern v. Sony Corp. Subject: Gamer's rights Document: Motion to dismiss
Rossiter v. Evans Subject: STD infection Document: Opinion
Sanford Siegal v. Kim Kardashian Subject: Twitter libel Document: Complaint
Bryan v. McPherson Subject: Excessive Taser force Document: Opinion
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Spears v. Allergan, Inc. Court: Orange County (Calif.) Superior Subject: Botox death
Putnam v. Morning Star Boys' Ranch Court: Spokane County (Wash.) Superior Subject: Sexual abuse
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Plaintiff B v. Joe Francis Date: 2/22/10 Court: USDC, N. Fla. Hearing: Jury trial in sexual abuse case.
CBS v. FCC Date: 2/23/10 Court: 3rd Circuit Hearing: Oral arguments in "Nipplegate" case.
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