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.
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• 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




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Injury Claims

Teen's Illegal Conduct Bars Suit for Painkiller Death Print

A Florida appeals court has found that the “wrongful conduct” rule bars the family of a college freshman who died after ingesting Oxycontin from suing the pharmacy where the prescription painkiller was stolen.

Matthew Kaminer, 18, received his lethal dose of Oxycontin from his fraternity roommate at the University of Florida. A friend of the roommate worked at an Eckerd drugstore and had stolen 126 pills from his employer which had been bottled, but had yet to be picked up by a customer.

Kaminer's estate sued Eckerd for wrongful death, alleging the store failed to follow federal regulations or its own procedures for safeguarding controlled substances. The defense did not contest negligence, but invoked the common law rule that a party cannot maintain an action based on the party’s own illegal conduct.

“Florida follows this rule,” the 4th District Court of Appeal said in an opinion affirming summary dismissal of the case.

The court cited a Michigan Supreme Court precedent holding that a plaintiff who obtained amphetamines through the negligence of a pharmacy could not sue the pharmacy over injuries caused by taking the drug and two Florida decisions in cases involving police pursuits.

“Common sense and all rational notions of public policy dictate that a violator fleeing law enforcement who injures himself as a result of his own criminal misconduct should not be able to bring an action for negligence against the law enforcement officer trying to detain him, or against his employer,” the 5th District Court of Appeal said in Bryant v. Beary, 766 So.2d 1157 (2000).

In cases cited by the Kaminer family, Florida courts held owners of stolen cars liable for leaving their keys in the car when the thief injures a third party. But the 4th District said those cases “did not allow a wrongdoer to recover for injuring himself.”

By Matthew Heller
10/16/07


 
rc_insidestories
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    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.
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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