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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• Roommate referral website does not discriminate by allowing users to list their preferences for roommate characteristics. "Holding that the [Fair Housing Act] applies inside a home or apartment ... would be a serious invasion of privacy, autonomy and security."
Fair Housing Council v. Roommate.com

• Student alleges a prank involving a bottle rocket and another student's anus backfired, causing him to fall off the deck of a frat house.
Helmburg v. Alpha Tau Omega

• 5th Circuit reinstates a jury verdict finding a man employed by an engineering firm was sexually harassed by a male supervisor. "The text message 'I want cock' could be taken as an explicit sexual proposition." 
Cherry v. Shaw Coastal

• The ex-wife of a man who fatally shot himself with a gun he had stolen cannot sue the gun's owner for wrongful death. "We conclude that public policy dictates that [Charles] Milot's criminal conduct acts as a bar to recovery."
Ryan v. Hughes-Ortiz

• Pennsylvania woman alleges her former employer discriminated against her because she wore a fake penis to assist her in her female-to-male transition. "Plaintiff's use of the prosthetic device was concealed and in no way interfered with the ability of Plaintiff to do her job." Davis v. J&J Snack Foods

• Son of a woman charged with murdering her husband cannot use the proceeds from the victim's life insurance policy to fund his mother's criminal defense. "[A]llowing the distribution of these proceeds to a third party who has clear intentions to transfer part of these proceeds to her, undermines the principles underlying the Slayer’s Act and federal common law."
In Re: Estate of Michael Burkland

• Seattle judge says an actress cannot proceed anonymously in her suit against the IMDb.com website for publishing her age. "[W]hile Plaintiff may face public ridicule and embarrassment if she elects to go forward under her real name, the injury she fears is not severe enough to justify permitting her to proceed anonymously."
Doe v. Amazon.com

• Family of an 11-year-old girl who was crushed by a boulder of ice says forest ranger negligence caused her death. Rangers "did not warn users of the risk of harm associated with the dangerous, unstable snow and ice" at the Big Four Ice Caves in Snohomish County, Wash. Tam v. U.S.

• 3rd Circuit dismisses a breach of data security case against a payroll-processing company. "Appellants' allegations of an increased risk of identity theft as a result of the security breach are hypothetical, future injuries."
Reilly v. Ceridian Corp.

• Oregon judge denies First Amendment protections to a blogger. "Defendant cites no cases indicating that a self-proclaimed 'investigative blogger' is considered 'media' for the purposes of applying a negligence standard in a defamation claim."
Obsidian Finance v. Cox

• A transsexual who was fired from her government job while she was in the process of becoming a woman wins her sex discrimination suit. "[A] government agent violates the Equal Protection Clause’s prohibition of sex-based discrimination when he or she fires a transgender or transsexual employee because of his or her gender non-conformity."
Glenn v. Brumby

• New York man sues a Texas fertility clinic for wrongful insemination, alleging it failed to obtain his consent before using a sample of his sperm to impregnate his ex-girlfriend.
Pressil v. Advanced Fertility

• Nebraska judge rules that school officials may have illegally disciplined students for wearing t-shirts in honor of a slain friend suspected of gang membership. "[Q]uestions of fact remain whether Plaintiffs’ speech occurred in a context likely to provoke gang violence or other disruptions of school activities."
Kuhr v. Millard Public Sch. Dist.




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Spanking Victim Slaps Insurer for Unpaid Award 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


 
rc_insidestories
  • 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...
  • 'Next Friends' of Orcas Bid to Stop SeaWorld Slavery

    An animal rights lawsuit against SeaWorld for enslaving five killer whales at its aquatic theme parks in San Diego and Orlando may sink even though humans are representing the orcas as their “next friends.”
    Read more...
  • Jury Finds No Harm to Boy From Wrongful Circumcision

    In a blow to supporters of male “genital integrity,” an Indiana jury has ruled that a doctor did not injure a boy by circumcising him when he was an infant even though his mother wanted him to be left intact.
    Read more...
  • Guest Can Sue Motel 6 Over Attack by Woman's Pimp

    A guest who paid for sex with a prostitute at a Motel 6 did not assume the risk of being attacked several hours later by the prostitute's pimp, a Pennsylvania judge has ruled in an unusual premises liability lawsuit against the motel operator.
    Read more...
RC_OnFile

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

Classic Media v. J.G. Wentworth
Subject: "Lassie" copyright
Document: Complaint

Kardashian v. Old Navy
Subject: Publicity rights
Document: Complaint

McKee v. Laurion
Subject: Doctor defamation
Document: Opinion

Francis v. U.S.
Subject: Bear attack
Document: Decision

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RC_OnTrial

Doe v. Discovery Day Care
Court: Miami-Dade Circuit
Subject: Child molestation
Verdict: $3,000,000

Hoback v. City of Chattanooga
Court: USDC, E. Tenn.
Subject: PTSD discrimination
Verdict: $680,000

more


RC_OnTheDocket

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

more