
• 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
• Massachusetts appeals court says 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
• Oregon judge rules that a self-proclaimed "investigative blogger" is not "considered 'media' for the purposes of applying a negligence standard in a defamation claim." Obsidian Finance v. Cox
• 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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Strip-Search Hoax Lawsuit Goes to Trial |
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McDonald's Corp. could be heading for trouble if the burger giant allows a Kentucky jury to decide whether it is responsible for the sexual humiliation inflicted on a former employee as a result of a strip-search hoax.
An assistant manager at a McDonald's in Mt. Washington, Ky., detained Louise Ogborn, then 18, in her office for 3-1/2 hours in April 2004 after a caller masquerading as a police officer said an employee had stolen a purse from a customer. Following the caller's instructions, the manager's fiancé had Ogborn do calisthenics in the nude and perform oral sex on him.
Similar cases have settled before trial (see table below), but McDonald's has so far played hardball with Ogborn, who is seeking more than $200 million in damages from the company for negligence, assault and sexual harassment. Jury selection began Sept. 10 in Bullitt County Circuit Court.
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UPDATES
The jury Oct. 5 awarded Ogborn $6.1 million and another $1.1 million to assistant manager Donna Summers. "Louise has stood up for what happened to her and what McDonald's failed to do for three-and-a-half years, and this jury just vindicated her completely," her attorney said.
The Kentucky Court of Appeals affirmed the award to Ogborn in a Nov. 20, 2009 opinion.
The case settled, with McDonald's withdrawing its petition to the Kentucky Supreme Court on March 26, 2010.
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In a press release, McDonald's claimed Ogborn's injuries, “if any,” were caused by her own failure to realize the caller was not a police officer. During her deposition, a defense attorney suggested she was free to walk out of Donna Summers' office at any time -– even though she was naked and Summers' fiancé beat her for not complying with his demands.
But the entire incident was captured on DVD by a surveillance camera, giving the plaintiff incontrovertible evidence of the psychological terror she suffered. “I was scared for my life,” she testified in her deposition.
Before Ogborn's ordeal, moreover, 44 other McDonald's restaurants around the country had received strip-search hoax calls, allegedly from the same person. Yet according to their depositions, neither Summers nor Kim Dockery, another assistant manager, had heard anything about them.
Last week, Senior Judge Tom McDonald (no relation) ordered the company to disclose all information about those hoaxes and sanctioned the company for failing to disclose four other incidents. As part of the sanctions, McDonald's must give Ogborn material that normally would be protected by the attorney-client privilege.
“It is inconceivable to the court how somebody could not know of cases in which they were sued,” the judge said.
Ogborn's therapist has said she has suffered from panic attacks, severe insomnia and nightmares. With the discovery sanctions, an extremely sympathetic plaintiff, and the DVD recording, McDonald's could be risking a severe judgment by going to trial rather than settling the case.
The jury will also hear Summers' $50 million counterclaim against McDonald's.
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Disposition |
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Carouthers v. McDonald's Corp. (Muskingum County Ct. of Common Pleas, Ohio)
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Case settled in March 2001.
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Doe v. TJ Goodman Inc. (USDC, Utah)
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Case against McDonald's and franchisee settled in Aug. 2003.
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Catalano v. GWD Management (USDC, S. Ga.)
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Case against franchisee settled in Jan. 2007 after dismissal of claims against McDonald's.
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Thomas v. Blockbuster Video (Burleigh County Dist. Ct., N.D.)
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Jury awarded plaintiff $250,000 in damages against manager of video store in Jan. 2007.
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By Matthew Heller 9/10/07
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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.
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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.
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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...
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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...
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'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.”
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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.
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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...
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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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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
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Brown v. Herbert Date: 12/16/11 Court: USDC, Utah Hearing: Motion to dismiss polygamy case
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