
• 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 Bloated Pleading Far from an Aberration |
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Brevity does not appear to be the soul of Dean Browning Webb's wit. The Vancouver, Wash., attorney, who was ordered last month to rewrite a 465-page complaint, has a history of incurring judicial displeasure by filing lengthy pleadings.
Webb filed the epic RICO complaint in May on behalf of a real estate firm, devoting 341 of its pages to describing the 54 claims for relief. “Brevity is also the soul of a pleading,” U.S. District Judge Ronald B. Leighton of Seattle said in granting defense motions for “a more definite statement” of the allegations.
Federal pleading rules require a plaintiff to make a “short and plain statement,” Fed. R. Civ. P. 8(a), and “state with particularity the circumstances constituting fraud,” Fed. R. Civ. P. 9(b).
“The Complaint does not correctly balance this tension,” Leighton wrote in his order, going on to recommend that Webb read the textbook “The Elements of Legal Style.”
Webb has practiced law since 1980 and specializes in the complex field of RICO litigation. In a brief defending his prolix pleading style, he said:
Inasmuch as RICO is a complex federal criminal statute, alternative claim pleading, setting forth the requisite statutory elemental components under each particular claim, is preferable and superior, compared to a “catch all” pleading format asserting general, conclusory, vague allegations incapable of logical discernment.
But the 9th U.S. Circuit Court of Appeals has upheld sanctions imposed on Webb for, among other things, the “number and length” of his pleadings. The trial judge found he had converted a “simple straightforward debt collection action into a full-fledged assault.” Salstrom v. Citicorp Credit Services, 74 F.3d 183 (1996).
In 1997, moreover, the same court ruled that Webb had filed “a largely incomprehensible 210-page complaint along with an equally muddled 94-page RICO case statement” in a case involving 111 secondary defendants.
“[Webb] argues that the complex nature of RICO law and the business relationships of the 111 secondary defendants required the prolixity of his complaint,” the 9th Circuit said in Wood v. Bainbridge, 116 F.3d 488. “We disagree ... The complaint rambles on about elaborate legal theories and relationships without identifying specific conduct on the part of the 111 defendants that would subject them to RICO liability.”
Webb's prolixity shows no signs of waning. Since early June, he has filed three more RICO complaints of the following length:
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Presidio Group v. Land America Financial Group, USDC, W. Wash. (175 pages)
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Bagget v. Roberts, USDC, C. Calif. (342 pages)
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Chagby v. Target Corp., USDC, C. Calif. (144 pages)
In concluding his order, Judge Leighton penned the following limerick:
Plaintiff has a great deal to say, But it seems he skipped Rule 8(a), His Complaint is too long, Which renders it wrong, Please re-write and re-file today.
But the judge could afford to be jocular -– he has not been assigned the Presidio v. Land America case.
By Matthew Heller 7/11/08 
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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
The maker of Four Loko has previewed its defense of a slew of product liability lawsuits, arguing that the physical effects of the energy drink's mixture of alcohol and caffeine — far from being an undisclosed risk to consumers — are precisely what made it so popular.
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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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