
• Illinois appeals court says the contact sports exception to negligence liability does not apply to the case of an athletic trainer who was struck in the eye by a hockey puck while refilling water bottles. Michael Weisberg "suffered injuries as a result of alleged conduct that was not inherent to the sport of hockey." Weisberg v. Chicago Steel
• 3rd Circuit rules that a couple can sue Google for trespassing on their property while photographing it for the Street View feature. "[T]he Borings have alleged that Google entered upon their property without permission. If proven, that is a trespass, pure and simple." Boring v. Google
• Minnesota judge reduces a jury award of copyright infringement damages against an illegal music file sharer from $2 million to $54,000. "The need for deterrence cannot justify a $2 million verdict for stealing and illegally distributing 24 songs for the sole purpose of obtaining free music." Capitol Records v. Thomas-Rasset
• Special master says Texas Court of Criminal Appeals Judge Sharon Keller's conduct on the day of an execution was "not exemplary," but "she did not engage in conduct so egregious that she should be removed from office." In re Honorable Sharon Keller
• New Jersey appeals court says a female business owner can sue a male customer for refusing to do business with her unless she gave him sexual favors. "The quid pro quo sexual harassment alleged in the complaint, if legally permitted, would stand as a barrier to women's ability to do business on an equal footing with men." J.T.'s Tire Services v. United Rentals
• New Mexico judge says a photographer may be compelled to photograph a same-sex commitment ceremony despite her religious convictions because she "is not being forced to participate in any ceremony or ritual; the only requirement is that she photograph the event." Elane Photography v. Willock
• Tennessee judge rules that the PGA Tour does not have to accommodate a golfer by allowing him to take testosterone shots. Doug Barron "has not shown that the 'reasonable accommodation' he has requested ... is necessary in order for him to continue playing golf in PGA Tour events." Barron v. PGA Tour
• 6th Circuit says two high school basketball coaches did not use excessive corporal punishment in paddling a player. One of the coaches "testified that he only paddled Martin [Nolan] a total of ten times during Martin’s tenure at Hamilton [High School]." Nolan v. Memphis City Schools
• Wrongful-death lawsuit alleges a cell phone company is liable for a fatal auto accident allegedly caused by a customer who was driving while "engrossed" in a cell phone conversation. Sprint/Nextel "failed to warn of the hazard of cell phone use while driving." Estate of Doyle v. Sprint/Nextel

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Wide-Awake Surgery Blamed for Minister's Suicide |
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Sheldon Sizemore survived having surgery on his abdomen. But according to what may be the first wrongful-death case of its kind, he couldn't survive the horror of being awake while surgeons performed the procedure.
The Baptist minister from Raleigh County, W.Va., killed himself in February 2006 –- two weeks after he allegedly suffered the trauma of having surgery without anesthesia. The phenomenon of anesthesia awareness is associated with psychological conditions such as post-traumatic stress disorder.
In a suit filed last month, Sizemore's family say anestheliogist Dr. Bruce Cannon and nurse anesthetist Larry Rupe administered drugs to paralyze him, but failed to give him the "inhalational anesthesia" that would render him unconscious and unable to experience pain. They did not realize their mistake until 16 minutes after the first incision.
“One would be hard pressed to imagine a more disturbing scenario than having one’s body cut open while totally awake and alert, but totally helpless to move, scream or alert others to the situation,” the complaint says.
A few anesthesia awareness suits have been filed around the country, but none apparently involved a patient who committed suicide. “This may be the first verifiable suicide that can be directly linked to anesthesia awareness,” Carol Weihrer, founder of the Anesthesia Awareness Campaign, said.
Sizemore had his exploratory laparotomy at Raleigh General Hospital in Beckley. After recognizing their error, the suit says, Cannon and Rupe gave him an amnesia-inducing drug and, even though he was already exhibiting psychological symptoms, he was discharged a day after the surgery.
According to plaintiffs' attorney Tony L. O'Dell (Berthold, Tiana & O'Dell, Charleston, W.Va.), Sizemore's trauma only came to light when nurses in his family looked at the medical records after his death.
Sizemore had no history of mental illness and, the plaintiffs allege, the failure to advise him of the “unmistakable error ... caused Mr. Sizemore to be more tormented because he questioned whether he was experiencing really occurred.” Among other things, he complained of not being able to breathe and of people trying to bury him alive.
In some anesthesia awareness cases, defendants have pointed to how difficult it is to measure the depth of anesthesia. Doctors have compared it to flying in fog.
But O'Dell believes that isn't an issue in the Sizemore case since the medical records "reflect that the inhalational anesthesia simply wasn’t turned on for 29 minutes."
Raleigh Anesthesia Associates, which employed Cannon and Rupe, also faces the problem of defending the alleged post-operative negligence. In October, the Joint Commission on Accreditation of Healthcare Organizations alerted hospitals in October that they should provide mental health services to patients who experience anesthesia awareness.
Plaintiffs in two anesthesia awareness cases in Virginia won awards of $150,000 and $350,000. In 2003, a California appeals court held in an unpublished opinion that an anesthesiologist was not liable for failing to disclose the risk of anesthesia awareness.
By Matthew Heller 4/18/07
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Dancer Strips Club of $100K in DUI Case
A former stripper has won a $100,000 award in an unusual employment law case as a jury found a Birmingham, Ala., strip club liable for allowing her to drive home from work “in a highly intoxicated state.”
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Halliburton Takes Swing at Alleged Rape Victim
Perhaps befitting the former employer of Dick Cheney, KBR/Halliburton has taken the low road in asking the U.S. Supreme Court to bar a former employee from having a public trial of her claims that she was gang raped by co-workers in Iraq.
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Tenant's Gripe Tweet Too Vague to be Libel
A Chicago judge has dismissed the first libel case involving a single Twitter posting, finding that an apartment renter's gripe about her landlord was too vague and imprecise to be construed as defamatory.
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Copperfield Wants U.S. to Keep Evidence From Accuser
Magician David Copperfield has some sharp words for federal prosecutors who have refused to acknowledge that they dropped a sexual assault investigation against him because of the accuser's lack of credibility.
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Hotel Exec Settles Drug Death Case
The former CEO of a luxury hotel operator has quickly settled a lawsuit accusing him of causing the drug overdose death of his girlfriend, On Point has learned –- even though he describes the allegations as “slanderous and bogus.”
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Bingo for "Bruno!" Baron Cohen KO's Verbal Spat Case
A California judge has dismissed a verbal assault case against comedian Sacha Baron Cohen, finding that a woman initiated a confrontation with him during the filming of a scene for the movie “Brüno” and “not vice versa.”
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"No Sex Involved" in Orgy Viewing Case, Hotel Insists
A former manager at the Hilton Minneapolis who claimed she walked in on an orgy at a company sales conference has “sensationalized” what was only “some questionable behavior,” the hotel's owner says in arguing that her sexual harassment case should not go to trial.
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North Face Apparel v. The South Butt Subject: Trademark infringement Document: Answer to complaint
Stern v. Sony Corp. Subject: Gamer's rights Document: Motion to dismiss
Rossiter v. Evans Subject: STD infection Document: Opinion
Sanford Siegal v. Kim Kardashian Subject: Twitter libel Document: Complaint
Bryan v. McPherson Subject: Excessive Taser force Document: Opinion
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Spears v. Allergan, Inc. Court: Orange County (Calif.) Superior Subject: Botox death
Putnam v. Morning Star Boys' Ranch Court: Spokane County (Wash.) Superior Subject: Sexual abuse
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Plaintiff B v. Joe Francis Date: 2/22/10 Court: USDC, N. Fla. Hearing: Jury trial in sexual abuse case.
CBS v. FCC Date: 2/23/10 Court: 3rd Circuit Hearing: Oral arguments in "Nipplegate" case.
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