Peterson v. Grisham
10th Circuit finds John Grisham did not defame three Oklahoma law enforcement officials in a book about the wrongful convictions of two men for a rape-murder.
Lopez v. O'Neal
Florida model sues Shaquille O'Neal for cyber-stalking, saying the NBA star hacked into her text messages and voice mails after she
broke off their affair.
Sapir v. Cruise
Tabloid magazine publisher alleges a private investigator working for Tom Cruise secretly recorded conversations between the actor and Nicole Kidman before their divorce.
Baxter v. Montana
Montana Supreme Court finds "no indication in Montana law that [physician-assisted suicide for] terminally ill, mentally competent adult patients is against public policy."
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• 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


The 2009 Weblog Awards





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P&G Satan Rumors Case Settles After Epic Battle Print

amwayAfter an epic 13-year legal battle, four Amway distributors who spread a rumor linking Procter & Gamble (NYSE: PG) to Satanism have dropped their appeal of a $19.25 million jury award and reached a settlement with the consumer products giant.

The settlement mercifully ends a case that resulted in one of the largest awards ever for false advertising and no fewer than three published appeals court opinions (see table below). A Utah jury found Randy Haugen and three members of his Amway distributors' group liable in March 2007 for perpetuating the Satanism rumor to gain an unfair advantage over their competitor.

In an April 1995 message posted on the Amvox internal phone-mail system, Haugen said P&G's president had appeared on a TV talk show and “stated that a large portion of the profits from [P&G] products go to support his satanic church.” The message listed 43 specific products.

The defendants filed an appeal in July, but the following month U.S. District Judge Ted Stewart awarded nearly $13 million in prejudgment interest to P&G, bringing the total award to more than $32 million.

P&G attorney Tracy H. Fowler declined to comment on the settlement, citing confidentiality, but it's probably safe to say the award of interest encouraged the defendants to cut their losses. A court document filed Nov. 24 states only that the judgment “has been fully satisfied.”

If the appeal had failed, the defendants could have been liable for post-judgment interest. P&G had also cross-appealed for treble damages.

P&G's rumored associations with Lucifer go back to the 1980s when some claimed that its man-in-the-moon logo was a satanic symbol. Based on that history, the Amway distributors argued that P&G could not show its sales were specifically damaged by the Amvox message.

“Hundreds of thousands (perhaps millions) of people had been taken in by [the rumor] between 1980 and April 20, 1995,” the defense said.

But Stewart upheld the jury verdict in a June ruling, finding that

the evidence of the difference between the growth of sales of the [43] targeted products and those of Plaintiff’s nontargeted products, together with the other evidence at trial, provided “a broad basis from which” the jury as finder of fact could “arrive at a fair, if not precise amount with which to compensate” Plaintiff ...

P&G's expert estimated damages at $545 million. The company had profits of nearly $13 billion during the alleged damage period.

A DEVIL OF A CASE

Citation

Decision

P&G v. Haugen, 222 F.3d 1262 (2000)

Reversed summary dismissal of Lanham Act claim against all defendants and tortious interference claim against Amway.

P&G v. Haugen, 317 F.3d 1121 (2003)

Upheld dismissal of all claims against Amway.

P&G v. Haugen, 427 F.3d 727 (2005)

Reversed dismissal of remaining Lanham Act claim against distributors.



Other P&G v. Haugen Sources

By Matthew Heller
12/16/08

 
rc_insidestories
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    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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    Read more...
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    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.
    Read more...
RC_OnFile

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
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Document: Opinion

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RC_OnTrial

Spears v. Allergan, Inc.
Court: Orange County (Calif.) Superior
Subject: Botox death

Putnam v. Morning Star Boys' Ranch
Court: Spokane County (Wash.) Superior
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RC_OnTheDocket

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
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