
• Roommate referral website does not discriminate by allowing users to list their preferences for roommate characteristics. "Holding that the [Fair Housing Act] applies inside a home or apartment ... would be a serious invasion of privacy, autonomy and security." Fair Housing Council v. Roommate.com
• Student alleges a prank involving a bottle rocket and another student's anus backfired, causing him to fall off the deck of a frat house. Helmburg v. Alpha Tau Omega
• 5th Circuit reinstates a jury verdict finding a man employed by an engineering firm was sexually harassed by a male supervisor. "The text message 'I want cock' could be taken as an explicit sexual proposition." 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." Reilly v. Ceridian Corp.
• Oregon judge denies First Amendment protections to a blogger. "Defendant cites no cases indicating that a self-proclaimed 'investigative blogger' is considered 'media' for the purposes of applying a negligence standard in a defamation claim." Obsidian Finance v. Cox
• A transsexual who was fired from her government job while she was in the process of becoming a woman wins her sex discrimination suit. "[A] government agent violates the Equal Protection Clause’s prohibition of sex-based discrimination when he or she fires a transgender or transsexual employee because of his or her gender non-conformity." Glenn v. Brumby
• 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. Pressil v. Advanced Fertility
• 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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Lawyer's $400K Suit Not Just About Flowers |
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Elana Glatt
If Elana Glatt had done no more than demand a $4,000 refund from her wedding florist, she would still be enjoying relative anonymity. But the New York attorney has transformed herself into a personification of lawyer greed by suing for a whole lot more -- $400,000.
Glatt, an associate at Kelley, Drye & Warren in Manhattan, paid $27,435.14 upfront for her wedding flowers from Posy Floral Design Studio. In a pro se complaint obtained by On Point, she alleges the flowers “were not even close” to what she had bargained and paid for.
Along with “wilted and/or browned flowers,” Posy allegedly provided the wrong hydrangeas -- pastel pink and green instead of dark rust and green –- for the 22 centerpiece arrangements and roses that “were no different than the roses available from a street vendor in New York City for $5.”
The florist, Glatt says, did not respond to her requests for a partial refund of $4,000, so she, her husband and her mother-in-law have sued for breach of contract, unjust enrichment, fraud and negligent misrepresentation. And they are seeking no less than $401,870.28 in damages, including $90,000 in punitives.
“Defendants' conduct [ ] warrants punitive damages, particularly given the special nature of a wedding celebration, which is a once in a lifetime event,” the suit says. “Further, the Defendants' fraud caused great embarrassment and distress to Plaintiffs on the day of the wedding.”
The case has quickly electrified Internet message boards, with many posters vilifying Glatt, who practices under the name Elana Elbogen, and some even comparing her to the infamous Judge Roy Pearson, who sued his dry cleaner for $54 million over a pair of lost pants.
“Suing a mom-and-pop business for $400K because you are disappointed with $27K in flowers plays into a popular stereotype of lawyers as bullies,” said one posting.
But Glatt's fraud claim –- which accounts for 75 percent of the alleged damages –- is by no means just about wilted flowers. She also says she is a victim of a “common scheme” by which “dishonest” wedding vendors
insist upon payment by cash or check so that in the event of a dispute, it will be harder for the bride to get back her money.
According to the complaint, Posy co-owner Paula Arakas “falsely represented to Plaintiffs that payment for the flowers could not be made by credit card,” insisting that she would only accept a cashiers check. Faced “with the choice of having no flowers at their wedding, or paying Posy with a cashiers check,” the plaintiffs obliged.
Glatt may not come up roses with a $400,000 judgment in her case -– and the demand, in any case, could just be a negotiating ploy. But she doesn't deserve the anti-lawyer flak that has been raining down on her.
By Matthew Heller 10/18/07
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Jurors' Comments Fuel New Trial Bid in Bullying Case
Jurors may have opened the door to a new trial in a Maryland school bullying case by saying they returned a verdict for the defense because they were afraid of setting a bad precedent for school systems throughout the country.
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Abuse Victim Can Sue Ex-DA Over 'Sexting' Messages
A Wisconsin judge has protected a domestic violence victim from a rogue prosecutor, finding that she can sue him for sending her text messages in which he pressured her to have sex with him.
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Four Loko Maker Says Users Knew of Health Dangers
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Mortician Sued for Speaking Ill of the Dead
In a first-of-its-kind unprofessional conduct lawsuit, a woman has sued her former boss at a Michigan funeral home for making an indecent comment about the body of a dead man in front of her.
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'Next Friends' of Orcas Bid to Stop SeaWorld Slavery
An animal rights lawsuit against SeaWorld for enslaving five killer whales at its aquatic theme parks in San Diego and Orlando may sink even though humans are representing the orcas as their “next friends.”
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Jury Finds No Harm to Boy From Wrongful Circumcision
In a blow to supporters of male “genital integrity,” an Indiana jury has ruled that a doctor did not injure a boy by circumcising him when he was an infant even though his mother wanted him to be left intact.
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Guest Can Sue Motel 6 Over Attack by Woman's Pimp
A guest who paid for sex with a prostitute at a Motel 6 did not assume the risk of being attacked several hours later by the prostitute's pimp, a Pennsylvania judge has ruled in an unusual premises liability lawsuit against the motel operator.
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Marsh v. Air Tran Airways Subject: Roaches on a plane Document: Complaint
Classic Media v. J.G. Wentworth Subject: "Lassie" copyright Document: Complaint
Kardashian v. Old Navy Subject: Publicity rights Document: Complaint
McKee v. Laurion Subject: Doctor defamation Document: Opinion
Francis v. U.S. Subject: Bear attack Document: Decision
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Doe v. Discovery Day Care Court: Miami-Dade Circuit Subject: Child molestation Verdict: $3,000,000
Hoback v. City of Chattanooga Court: USDC, E. Tenn. Subject: PTSD discrimination Verdict: $680,000
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Brown v. Herbert Date: 12/16/11 Court: USDC, Utah Hearing: Motion to dismiss polygamy case
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