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

Unsafe Undies? Thongs Ain't What They Used to Be Print
thong

Macrida Patterson (right) with attorney Jason Buccat

It may be a bit early to add intimate clothing to the list of health hazards for women, but a rash of product liability lawsuits has hit Victoria's Secret, with plaintiffs alleging they were injured by defectively designed underwear.

At least four cases, including a proposed class action, have been filed over the past six months and one plaintiff, Macrida Patterson, appeared on national TV this week to describe her harrowing encounter with a Victoria's Secret thong –- a Sexy Little Thing low-rise v-string, to be precise.

Patterson's barebones complaint, filed June 9 in Los Angeles Superior Court, provides few details. But the L.A. traffic cop told the "Today Show" that a decorative metallic piece flew off the thong and struck her in the eye while she was changing in the locker room at work after her shift.

“I was putting on my underwear from Victoria’s Secret, and the metal popped into my eye,” she said. “It happened really quickly. I was in excruciating pain. I screamed. That’s what happened.”

Patterson attorney Jason J. Buccat said she suffered “three actual cuts to her cornea” and denied the case was one of those “crazy lawsuits” that tort reformers like to complain about.

"Victoria’s Secret does have its angels, but as we say, the devil is in the details," he said. "And the details here will definitely show there is a defective product, both in its design and its manufacture."

In Greenville, S.C., meanwhile, aspiring model Jessica Lang alleged in a state court complaint filed Jan. 25 that her Victoria's Secret bra was, in effect, a “booby trap.”

After feeling “discomfort in her breast,” she tried to take the bra off, but it “malfunctioned, lacerating Plaintiff's chest and left breast, nearly 6 inches wide and 6 inches deep.”

The case is now in federal court, with Lang correcting the extent of her alleged injury. The wound, she said in an amended complaint, was “3 inches x 1/4 inch deep, resulting in scarring.”

In the other recent cases,

  • A Parma, Ohio, woman is seeking to represent a class of plaintiffs who have suffered “adverse physical effects” from Victoria's Secret undergarments and intimate apparel including “allergic reactions, contact dermatitis, blistering, itching, hives, rashes, scarring, systemic reactions and other health concerns.” Ritter v. Victoria's Secret Stores.

  • A Bronx, N.Y., woman alleges that while wearing a Victoria's Secret bra, she “suffered severe personal injuries” attributable to the “defective nature” of the product. Ramos v. Victoria's Secret Stores.

This story linked by:


By Matthew Heller
6/21/08


 
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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

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RC_OnTheDocket

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

more