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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• Maryland appeals court says dog owners can be held strictly liable for pit bull attacks. "Because of its aggressive and vicious nature and its capability to inflict serious and sometimes fatal injuries, pit bulls and cross-bred pit bulls are inherently dangerous." Tracey v. Solesky

• Woman who has been diagnosed as a sex addict sues a school district for failing to prevent her from having sex with male students on the school bus when she was in 11th grade.
Barksdale v. Egg Harbor Township Bd. of Ed.

• Civil rights activist challenges Georgia's "stand your ground law." "By not defining what actions create a reasonable perception justifying the use of deadly force, the Act[] potentially deprives all Georgia[n]s of the right to life without due process of law." Hutchins v. Deal

• Former patient of a Rhode Island doctor sues him for featuring her in a book about drug addiction. "Plaintiff had expected, as any reasonable patient would, that her private conversations during her treatment sessions with the Defendant would remain private and confidential."
Lisnoff v. Stein

• Class action alleges the YMCA deceives consumers by representing that it practices "Christian" values while allowing its gyms to be used for gay sex trysts. "YMCAs around the country ... are currently being used as brothels for cruising, with the YMCA's knowledge and implicit consent."
Keister v. YMCA

• Social workers are not liable for a sexual assault on a 5-year-old boy by a 16-year-old male placed in an adoptive home. "To rule against the individual defendants in this case would definitely break new ground."
Doe v. Braddy

• Student sues college for refusing to grant her the "reasonable accommodation" of a single room after she complained about her roommate's exhibitionist behavior.
Blankmeyer v. Stonehill College

• School district can be sued over a guidance counselor's sexual relationship with a student who was over the age of consent. "The inherent imbalance of power between a guidance counselor in a public school and a student may render opportunistic sexual predation sufficiently shocking, even with a 'consenting' student over sixteen, to form the basis of a substantive due process claim."
Doe v. Fournier

• Utah judge finds a "credible threat" that Utah County officials will prosecute a polygamist and his wives for bigamy. The officials' acts "suggest that an actual prosecution of Plaintiffs is forthcoming."
Brown v. Herbert

• Louisville, Ky., strip club sues a competitor for displaying an electronic sign outside a convention center that said "Don't go to Godfathers, their girls are ugly and have crabs."
The Godfather v. Trixie's Lounge

• A lawyer cannot sue two women he dated for posting derogatory comments about him on liarscheatersrus.com. "[W]hen viewed within the larger context of the website on which they were posted, there can be no doubt that a reasonable reader would understand the comments to be opinion." Coulotte v. Ryncarz

• Oglala Sioux tribe sues beer makers and Whiteclay, Neb., bars for enabling alcohol abuse on the Pine Ridge Indian Reservation. The illegal trade in alcohol has "caused devastating injuries to the Lakota people and massive financial damages to the [tribe]."
Oglala Sioux Tribe v. Schwarting




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Pitchers Facing Civil Trial in Fan Assault Print

The California woman who won a $1.7 million jury award for being spanked at work has now slapped her former employer's liability insurer with a $5.6 million breach-of-contract suit for refusing to pay a post-verdict settlement.

“Of course I'm angry and frustrated,” Janet Orlando said of the unusual development in her legal saga. “The stress is killing me.”

A jury in May found Alarm One, Inc. liable for the spankings Orlando received from supervisors as part of a misguided effort to build camaraderie in the company's Fresno office where she worked as a saleswoman. After Alarm One appealed, Orlando agreed to a reduced award of $1.4 million.

But according to her new complaint, the company and its insurer, Carolina Casualty, have not honored the agreement, refusing to pay “in order to negotiate a lesser settlement payment and in order to gain leverage over Orlando [in] any further settlement negotiations.”

Plaintiff's counsel Nicholas “Butch” Wagner told the Fresno Bee that Alarm One wanted another $200,000 to $400,000 knocked off the award. "They tried to talk us into a lesser settlement," he said. "We said, 'You're out of your mind.'"

Orlando is seeking the $1.4 million settlement amount, 10 percent interest on the settlement and $4.2 million in punitive damages from Carolina Casualty and its claims adjuster, Monitor Liability Managers.

One attorney said attempts to renege on a settlement are "very unusual." Maybe Alarm One just wants to get the award a bit closer to $150,000 –- the amount of a pre-trial settlement offer that Orlando rejected.

Other Spanking Case Sources

By Matthew Heller
12/18/06



A jury should decide whether two Texas Rangers pitchers “substantially assisted or encouraged” a teammate who hurled a chair into the stands during a brawl, hitting an Oakland A's fan in the face, a California judge has ruled.

The injured fan, Jennifer Bueno, sued alleged chair thrower Frank Francisco and the two other players for battery and assault after the Sept. 13, 2004 melee at the Oakland Coliseum. Bueno's husband, who was sitting in a field box, had been heckling a Rangers relief pitcher.

Doug Brocail and Carlos Almanzar claim they cannot be held liable as aiders and abettors because they had no idea Francisco was going to throw a chair and did not assist or encourage him in doing so.

But in a Dec. 7
order, Alameda County Superior Court Judge Frank Roesch found a triable issue of fact and denied the players' motion for summary judgment. The case is set for trial Jan. 12.

Brocail, now with the San Diego Padres, allegedly charged into the stands and, within a few feet of Bueno, cocked his fist “as if he were going to throw a punch, only to be restrained by others from completing his assault.”

“The end result was that Francisco accomplished what Brocail set out to do,” Bueno's lawyers argue in a brief.

Roache also allowed co-plaintiff Andre Vernan, who claims he injured his back trying to dodge the flying chair, to proceed to trial.

UPDATE ... The parties announced a settlement of all claims Jan. 12, the day set for trial. Terms are confidential.

By Matthew Heller
12/18/06


 

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rc_insidestories
  • Court Extends Doctors' Liability for Prescription Gaffes

    The Utah Supreme Court has given a boost to the battle against prescription drug abuse by ruling that medical professionals can be sued over injuries to a nonpatient that were allegedly caused by  drugs they carelessly prescribed to patients.
    Read more...
  • Girl's Slaying Tests Cruise Line Liability

    The family of a 15-year-old girl who was killed in the crossfire of a gang shootout on a Caribbean island has asked an appeals court to reinstate a lawsuit that tests the liability of cruise ship operators for onshore injuries to passengers.
    Read more...
  • Bystander Claims "Swoon and Fall" Injuries at Church

    In yet another “swoon and fall” case against a church, an Illinois woman claims she was injured during a church service when a parishioner who was receiving the “spirit” fell backward, knocking several other worshippers into her.
    Read more...
  • 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.
    Read more...
  • 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.
    Read more...
  • 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.
    Read more...
RC_OnFile

U.S. v. Arpaio
Subject: Civil rights
Document: Complaint

Schultz v. Medina Valley
Subject: School prayer
Document: Non-Kumbaya order

Chopourian v. Catholic Healthcare
Subject: Sexual harassment
Document: Verdict

Jackson v. Paula Deen
Subject: Sexual harassment
Document: Complaint

Marsh v. Air Tran Airways
Subject: Roaches on a plane
Document: Complaint

more

RC_OnTrial

Peterson/Pryde v. Thyden
Court: Montgomery (Va.) Circuit
Subject: Virginia Tech shootings
Verdict: $8 million

Sheridan v. Cherry
Court: L.A. Superior
Subject: Wrongful termination

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RC_OnTheDocket

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

more