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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Slip of the Wrist May Cost Actress in Watch Case Print


A Swiss watchmaker paid Charlize Theron $3 million to promote its products. But now the Oscar-winning actress may have to pay Raymond Weil S.A. a lot more than that for briefly wearing a competitor's watch in public.

In a decision that highlights both the rewards and risks of celebrity endorsements, a New York judge said Weil could sue Theron for breaching a contract in which she agreed “not to wear publicly any other watches other than RW watches during the Term [of the contract].”

The deal gave Weil the exclusive use of Theron's image in a print advertising campaign for its “Shine” watch collection but while she was still under contract, she wore a Christian Dior watch at a film festival in March 2006. Weil sued her in March 2007, seeking $20 million in damages.

By wearing the watch, “Theron breached her covenant not to 'wear publicly any other watches other than RW,'” U.S. District Judge Colleen McMahon said in denying Theron's motion for summary judgment. “Theron recognizes as much, calling her decision to wear the watch 'regrettable.' It was more than 'regrettable;' it was a clear breach of the Agreement.”

Theron argued that any breach was “immaterial” since she only wore the watch for “about one hour of the fifteen-month contract term.” But LVMH Watch & Jewelry USA, the owner of Christian Dior, ended up using photos of her wearing it in promotional material.

“Since the essence of the contract is Theron's agreeing to represent RW exclusively during the term of the Agreement, a breach, however fleeting, that resulted in the use of Theron's image in connection with another manufacturer's watch cannot be deemed immaterial,” McMahon concluded.

The judge also said that Theron “cannot hide behind the fact that she had no control over what the photographers did with the pictures they took” at the South by Southwest Festival in Austin, Texas. “Her breach was wearing the watch,” she ruled, and

it was foreseeable to Theron –- a famous movie star -– that photographs of her would be made available for purchase and that they might appear in publications. Her lack of involvement in what happened with the pictures does not mean she is not culpable for any damage they caused to RW.

The decision also reveals how Theron has profited from her association with her other designers. Among other things,

  • The French jeweler Chopard paid Theron $250,000 to wear its bling at the 2006 Academy Awards and $50,000 for the same assignment at the (obviously less prestigious) 2006 British Academy of Film and Television Arts Awards.

  • A Cartier employee testified that Theron has received a $35,000 ring, a $7,500 bracelet and $8,000 earrings as “tokens of appreciation.”

McMahon has scheduled a final pretrial conference for Dec. 5. But the case is more likely to settle than go to trial –- with Theron presumably learning a lesson about always tailoring her adornments to her endorsements.

In similar cases, the skin-care company Hydroderm has sued Teri Hatcher for promoting a rival's products and Jessica Simpson settled allegations that she failed to promote Tarrant Apparel Group's denim clothing.

This story linked by:

 

By Matthew Heller
On Point

 

 
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  • Dancer Strips Club of $100K in DUI Case

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    Magician David Copperfield has some sharp words for federal prosecutors who have refused to acknowledge that they dropped a sexual assault investigation against him because of the accuser's lack of credibility.
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  • Hotel Exec Settles Drug Death Case

    The former CEO of a luxury hotel operator has quickly settled a lawsuit accusing him of causing the drug overdose death of his girlfriend, On Point has learned –- even though he describes the allegations as “slanderous and bogus.”
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  • Bingo for "Bruno!" Baron Cohen KO's Verbal Spat Case

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    Read more...
  • "No Sex Involved" in Orgy Viewing Case, Hotel Insists

    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
Subject: Excessive Taser force
Document: Opinion

more

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
Subject: Sexual abuse

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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
Hearing: Oral arguments in "Nipplegate" case.

more