Perry v. Schwarzenegger
Judge strikes down California's same-sex marriage ban, finding that "Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians."
U.S. v. Arizona
Arizona judge enjoins enforcement of a new immigration law's requirement that police determine the immigration status of
every person who is arrested.
McGuire v. United Airlines
Michigan woman says a United Express flight crew locked her in a plane for nearly four hours after it landed because they failed to ensure that all passengers had disembarked.
R.H. v. Schenectady Sch. Dist.
Middle school student says he was suspended for wearing rosary beads because the rosary "is considered a gang-related symbol" and cannot be worn in school.
lc_search
LC_DayByDay

 Aug   September 10   Oct

SMTWTFS
   1  2  3  4
  5  6  7  8  91011
12131415161718
19202122232425
2627282930 
Julianna Walker Willis Technology
LC_BySubject
OnTheMap

rss

LC_ExtraPoints

• Parents of a 10-year-old boy who witnessed a killer whale's fatal attack on a trainer sue Sea World Orlando for infliction of emotional distress. "Without question, it was reasonably foreseeable and in fact predictable that an attack such as this one by a killer whale with the tendencies of Tilikum was inevitable." Connell v. Sea World

• Denver judge dismisses Oklahoma City bomber Terry Nichols's civil rights claims against prison officials for denying him a high-fiber diet.
Nichols v. Federal Bureau of Prisons

• Illinois teenager with cerebral palsy sues the Special Olympics for refusing to let her play basketball with the help of a service dog.
Youngwith v. Special Olympics

• Montana judge sets aside a government decision removing protections for the northern Rocky Mountain gray wolf. The Endangered Species Act "was not intended to sow the dragon's teeth of strife or to plant the seeds of future conflicts that have given rise to this case."
Defenders of Wildlife v. Salazar

• San Francisco judge dismisses a cereal consumer's false advertising suit. "[T]here is nothing in the packaging or marketing of Cap’n Crunch that would in any way deceive a reasonable consumer into believing that the cereal contains or derives nutritional value from real fruit." Werbel v. PepsiCo

• Iowa judge says a sheriff denied the applications of a father and son for concealed weapons permits in retaliation for their political activism. "This is a great reminder that the First Amendment protects the sole individual who may be a gadfly, kook, weirdo, nut job, whacko, and spook, with the same force of protection as folks with more majoritarian and popular views." Dorr v. Weber

• 5th Circuit rules that a school district violated the religious freedom of a Native American boy by requiring him to wear his long hair in a bun on top of his head or in a braid tucked into his shirt. The boy "has a sincere religious belief in wearing his hair uncut and in plain view."
A.A. v. Needville Ind. Sch. Dist.

• 11th Circuit denies a challenge to an ordinance restricting handouts of food to the homeless in Orlando parks. "[W]e are unpersuaded that the conduct of simply feeding people ... is expressive for First Amendment purposes."
First Vagabonds Church v. City of Orlando




Alltop_125x125.jpg

ADVERT

Free no win no fee claims advice for personal injury.


ADVERT

For accident claims advice, visit a personal injury lawyer.


ADVERT

Injury Claims

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

 

 
rc_insidestories
  • Off With His Head! Woman Sues 'Mad Hatter' Actor

    Experimental theater clashes with premises liability law in the case of a Kentucky woman who claims she was injured while watching a performance of a circus-inspired play when one of the actors balanced his knee on her head.
    Read more...
  • Charity Worker Accuses CEO of Hypnotic Seduction

    A former charity worker may be pushing the limits of sexual harassment law by alleging that her boss required her to participate in “relaxation sessions” on his “magic couch” during which he hypnotized and molested her.
    Read more...
  • Appeal is Expert's Latest Challenge to Judges

    Expert witness Dr. David Egilman was previously successful in showing he had standing to appeal a judicial order in a case in which he was not a party — but that case may not help him in his latest challenge to a trial judge.
    Read more...
  • Plaintiff's Expert Files Appeal in 'Popcorn Lung' Lawsuit

    A controversial expert witness for plaintiffs has filed an unusual non-party appeal of a Washington state judge's decision finding his theory that snackers can contract lung disease from exposure to microwave popcorn is not scientifically sound.
    Read more...
  • Philly School Sued Over Race Attack on Student's Mom

    Taking civil rights law to what may be an extreme, an Asian-American woman is alleging a Philadelphia high school's tolerance of racism rendered her “helpless prey” to African-American students who attacked her when she picked her child up from the school.
    Read more...
  • 'McSteamy' Sex Tape Suit Cools off With Settlement

    Acting couple Eric Dane and Rebecca Gayheart have dropped a $1 million lawsuit against Gawker.com for publishing a videotape featuring them in a nude threesome with a friend after the gossip website agreed to take down the much-viewed posting.
    Read more...
  • Sex Harassment Claims Hit Actor Affleck, 'Bones' Star

    A producer of a film about actor Joaquin Phoenix, an extra on the set of the TV show “Bones,” an assistant property master, and a makeup artist are among the plaintiffs in a recent epidemic of lurid Hollywood lawsuits.
    Read more...
RC_OnFile

Arnaout v. Warden
Subject: Muslim inmate prayer
Document: John Walker Lindh declaration

Marriage of J.B. and H.B.
Subject: Same-sex divorce
Document: Opinion

Stovell v. James
Subject: LeBron's paternity
Document: Complaint

U.S. v. Arizona
Subject: Illegal immigration
Document: Complaint

Rosenberg v. Google
Subject: Negligent navigation
Document: Complaint

more

RC_OnTrial

McCourt v. McCourt
Court: L.A. Superior
Subject: Dodgers divorce

Pom Wonderful v. Welch Foods
Court: USDC, C. Calif.
Subject: False advertising

more


RC_OnTheDocket

McCourt v. McCourt
Date: 8/30/10
Court: L.A. Superior
Hearing: Dodgers divorce trial

more