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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• 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

• Massachusetts appeals court says 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

• Oregon judge rules that a self-proclaimed "investigative blogger" is not "considered 'media' for the purposes of applying a negligence standard in a defamation claim." Obsidian Finance v. Cox

• 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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Paramedic Sued for MySpace Posting about Rape Print

myspaceIn what may be the first case of a health provider breaching confidentiality on MySpace, a Portland, Ore., rape victim has sued an ambulance paramedic who published details of the crime after transporting her to the hospital.

Simon Green was a member of an American Medical Response paramedic team that attended to the victim on Feb. 15. She had been raped and beaten by a stranger at her Southeast Portland apartment.

Oregon law protects “information of a personal nature such as ... that kept in a personal, medical or similar file” from public disclosure. But in a March 4 posting on his MySpace page, Green recalled how he had taken “a lady our age to the hospital after being raped at knife point, by a caucasian [sic] male of average build.”

While the paramedic did not disclose the victim's name or exact address, he provided the approximate location of the rape and detailed her description of the assailant. “All told he was in her apartment about an hour, and this very pretty, otherwise normal woman's life is irrepprably [sic] changed,” he said.

As a result of the posting, the woman alleges, “the media contacted [her] to question her about the assault” and she has suffered emotional distress and other damages of at least $1 million.

Green breached his duty to “protect the plaintiff from the unauthorized disclosure of her protected health information,” the complaint says, while his employer is liable for negligent hiring, training and supervision.

The fact that the media found the victim suggests Green disclosed enough in his posting to make her identifiable. And Oregon lists “emergency medical technician” among the health care providers covered by its “protected health information” law.

But some courts have declined to extend the physician-patient privilege to communications between a paramedic and a patient. Since ambulance technicians are not “physicians,” the Louisiana Supreme Court said in Med-Express v. Tarpley, 629 So.2d 331 (1993),

there is no privilege as to any type of communication made to them by the injured party nor as to any observations they may have made about the injured party's condition.

In Shulman v. Group W Productions, 51 Cal.App.4th 850 (1986), the California Court of Appeals found that a nurse on an airborne rescue team did not violate the physician-patient privilege because there was no evidence she “was working as the agent for or under the supervision of any physician while the rescue was in progress.”

Green could also raise the defense that his disclosures served the public's interest in crime prevention. “My advice: fight,” he recommended in his posting. “It's only a knife, and any rapist is a coward who will probably turn tail at any resistance.”

The case may turn out to be one of the more significant of at least 17 MySpace-related suits (see table) that have been filed in the past year or so.

This story linked by:


By Matthew Heller
4/30/07

 

 
rc_insidestories
  • 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.
    Read more...
  • 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

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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.
    Read more...
RC_OnFile

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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RC_OnTrial

Doe v. Discovery Day Care
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Subject: Child molestation
Verdict: $3,000,000

Hoback v. City of Chattanooga
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Subject: PTSD discrimination
Verdict: $680,000

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RC_OnTheDocket

Brown v. Herbert
Date: 12/16/11
Court: USDC, Utah
Hearing: Motion to dismiss polygamy case

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