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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Restaurant Not Liable for Patrons' Brawl Print

myspaceThe way things are going, enterprising attorneys should be thinking about practicing MySpace law. Over the past six months, at least five lawsuits (see table below) related to the social networking Web site have surfaced around the country, the latest involving the rock group Buckcherry.

In the Los Angeles County Superior Court case filed last week, MySpace itself is not a defendant. But the plaintiff, a teenage girl identified only as Jane Doe, alleges that Buckcherry coerced her into participating in the filming of a pornographic video after advertising for music video extras on MySpace.

The band “advertised the casting call for the making of the music video ... through their 'myspace' website knowing this was a convenient forum for attracting young, impressionable women,” the complaint says.

On Point has previously reported on the case of a 14-year-old Texas girl who claims MySpace has a duty to protect underage users from adult sexual predators. A 19-year-old man sexually assaulted the plaintiff about a month after first contacting her on MySpace, where she had a user profile.

Elsewhere, a private school in Utah and the president of a sporting goods retailer in California have sued MySpace on claims relating to the posting of allegedly defamatory material on the site.

And in Connecticut, a teacher claims he lost his job at a high school for no other reason than that he “used myspace.com as a communications medium.” Jeffrey Spanierman is only suing school officials for civil-rights violations.

Case

Court

Claim

Chick v. Kuziw

San Bernardino (Calif.) Superior

MySpace user posted defamatory material about sporting goods retailer.

Jane Doe v. MySpace

Travis County (Texas) District

MySpace failed to protect teen from sexual predator.

Jane Doe v. Warner Music Group

Los Angeles County Superior

Rockers used MySpace to lure girls into making porn video.

Sorensen's Ranch School v. MySpace

USDC, Utah

MySpace user posted defamatory material about private school.

Spanierman v. Hughes

USDC, Conn.

Teacher fired for using MySpace to communicate with students.


By Matthew Heller
9/12/06



A Baltimore restaurant is not liable for injuries suffered by guests when an old-fashioned Ukrainian wedding reception turned into an old-fashioned brawl, the Maryland Court of Special Appeals has ruled.

Edward Veytsman and his wife, who were dining at the New York Palace with another couple, were assaulted in August 2001 by patrons attending the wedding reception. The restaurant had provided alcohol for the reception and some guests had brought their own vodka with them.

The brawl began after one of the Veytsmans' party, Svetlana Barmak, had an altercation in the women's restroom with the bride's sister. Things escalated from there, with Edward Veytsman suffering such a severe injury to one of his eyes that it had to be surgically removed.

In the typical “dram shop” case, intoxicated persons injure an innocent third party or themselves outside the place where they got drunk. The Veytsmans, however, sued the New York Palace for failing to protect them from other patrons on the premises.

“We have not found a Maryland case that is factually analogous to this one, in which a patron of a restaurant or tavern sued the establishment for negligence after he was injured by the violence of another patron inside the establishment,” the appeals court observed.

A trial judge granted the New York Palace's motion for judgment as a matter of law. And the appeals court affirmed, finding the assault was not foreseeable to the restaurant owners.

“[T]here is no evidence allowing a reasonable inference that the New York Palace was made aware of the potential for, to use the Veytsmans’ term, 'a volatile situation' until the actual assault began,” the opinion said.

Allowing guests to bring their own booze was a violation of Maryland liquor law. But Court of Special Appeals Judge Sally D. Adkins found no evidence that the restaurant's permissiveness “by itself, created an unreasonable risk of physical harm to the Veytsmans.”

By Matthew Heller
9/12/06


 

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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