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


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Plaintiff in God Lawsuit Appeals to Higher Legal Power Print

 

Ernie Chambers

Despite having no earthly hope of prevailing, Nebraska State Sen. Ernie Chambers has appealed to a higher legal power in his lawsuit against God, which was dismissed because he has not served the defendant.

A Douglas County judge last month rejected Chambers' argument that service of the suit could be waived since God, as an omniscient being, would not need formal notice. But he argued the Almighty's omniscience again in a notice of appeal to the Nebraska Supreme Court filed Nov. 5.

"[T]he very act of filing this Notice of Appeal, ipso facto, gives ac[t]ual notice to the Defendant whose existence as an infinite being who takes notice of, and intervenes in human affairs is acknowledged by the Nebraska Supreme Court's invocation: 'God Save the United States,'" Chambers, who is an atheist, says.

"Being infinite," he continues, "the Defendant must, a priori, be omniscient; that is, knowing all that is knowable, which includes this appeal."

The suit sought a permanent injunction ordering God “to cease harmful activities and the making of terroristic threats” -- apparently Chambers' way of making a point about access to the court system after other legislators tried to limit “frivolous lawsuits.”

A Nebraska law allows service to be effected "by any manner reasonably calculated under the circumstances to provide the party with actual notice of the proceedings and an opportunity to be heard." Chambers hasn't come up with anything yet to suggest his method of serving God is "reasonably calculated."

Other Chambers v. God Sources


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By Matthew Heller
11/8/08

 

 
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