On Point On File

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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

Smith v. Hooters
Court: Macomb County (Mich.) Circuit
Subject: Weight discrimination
Document: Complaint

Harms v. Hearthstone Homes
Court: USDC, Neb.
Subject: Pregnancy bias
Document: Complaint

Barclays Capital v. Theflyonthewall.com
Court: 2nd Circuit
Subject: 'Hot news' journalism
Document: Amicus brief (Google)

Barclays Capital v. Theflyonthewall.com
Court: 2nd Circuit
Subject: 'Hot news' journalism
Document: Amicus brief (media coalition)

Estate of Duckett v. CNN
Court: USDC, M. Fla.
Subject: 'Ambush' journalism
Document: Motion for summary judgment

Stein v. Levy
Court: Cook County (Ill.) Circuit
Subject: Cheating son-in-law
Document: Complaint

Kayden Nguyen v. Steven Seagal
Subject: Sexual harassment
Court: Los Angeles Superior
Document: Complaint

O'Bryan v. Holy See
Subject: Church sex abuse
Court: USDC, W. Ky.
Document: Motion to take deposition of Pope

N.N. v. Tunkhannock Area Sch. Dist.
Subject: Student cell phone privacy
Court: USDC, M. Pa.
Document: Complaint

Stein v. Levy
Subject: Cheating son-in-law
Court: Cook County (Ill.) Circuit
Document: Complaint

Alcor v. Richardson
Subject: Cryonic preservation
Court: Iowa Ct. of Appeals
Document: Opinion

Apilado v. NAGAAA
Subject: ' Non-gay' discrimination
Court: USDC, W. Wash.
Document: Complaint

Vanessa Lopez v. Shaquille O'Neal
Subject: Cyberstalking
Court: Orange County (Fla.) Circuit
Document: Motion to dismiss

Evans v. Linden Research
Subject: Virtual property rights
Court: USDC, E. Pa.
Document: Complaint

Lindsay Lohan v. E-Trade Securities
Subject: Publicity rights
Court: Nassau County (N.Y.) Supreme
Document: Complaint

Michael Irvin v. Nicole Mustafa
Subject: Defamation
Court: Dallas County (Texas) District
Document: Petition

Coomer v. Kansas City Royals
Subject: Stray hot dog
Court: Jackson County (Mo.) Circuit
Document: Complaint

McBride v. City of Detroit
Subject: Perfume allergy
Court: USDC, E. Mich.
Document: Settlement agreement

Al-Haramain Islamic Foundation v. Obama
Subject: Warrantless wiretapping
Court: USDC, N. Calif.
Document: Opinion

Stern v. Sony Corp.
Subject: Disabled gamers
Court: USDC, C. Calif.
Document: Opinion

Lerato Mzamane v. Oprah Winfrey
Court: USDC, E. Pa.
Subject: Defamation
Document: Opinion

Williams v. Palm Beach Shores Resort
Court: Palm Beach County (Fla.) Circuit
Subject: Parrot attack
Document: Complaint

Terry Nichols v. U.S.
Court: USDC, Colo.
Subject: Prison diet
Document: Notice of hunger strike

Olson v. Baron Cohen
Court: Los Angeles Superior
Subject: Verbal assault
Document: Statement of decision

The North Face v. The South Butt
Court: USDC, E. Mo.
Subject: Trademark infringement
Document: Answer to complaint

Rossiter v. Evans
Court: Iowa Ct. of Appeals
Subject: STD infection
Document: Opinion

Michael Davis Sapir v. Tom Cruise
Court: Los Angeles Superior
Subject: Illegal wiretapping
Document: Complaint

Sanford Siegal v. Kim Kardashian
Court: Miami-Dade County (Fla.) Circuit
Subject: Twitter libel
Document: Complaint

Baxter v. Montana
Court: Montana Supreme
Subject: Physician-assisted suicide
Document: Opinion

Smith v. Hilton Hotels
Court: USDC, Minn.
Subject: Inadvertent orgy viewing
Document: Motion for summary judgment

South of Campus Neighborhood Assn. v. InterFraternity Council
Court: Alameda County (Calif.) Superior
Subject: Unruly fraternities
Document: Complaint

Chuck Yeager v. Cingular Wireless
Court: USDC, E. Calif.
Subject: Publicity rights
Document: Opinion

Andrea McNulty v. Ben Roethlisberger
Court: Washoe County (Nev.) District
Subject: Sexual assault
Document: Complaint

Estate of Duckett v. CNN
Court: USDC, M. Fla
Subject: Wrongful death
Document: Psychiatric opinion

Vong v. Sansom
Court: Maricopa County (Ariz.) Superior
Subject: Fish pedicure ban
Document: Complaint

Barnes v. Yahoo!
Court: USDC, Ore.
Subject: Failure to remove nude photos
Document: Order denying dismissal

Curious Theatre Co. v. Dept. of Public Health
Court: Colo. Supreme
Subject: Smoking on stage
Document: Opinion

Gilbert v. New Line Productions
Court: USDC, C. Calif.
Subject: "Monster in Law" copyright infringement
Document: Order granting dismissal

The North Face v. The South Butt
Court: USDC, E. Mo.
Subject: Trademark infringement
Document: Complaint

Stern v. Sony Corp.
Court: USDC, C. Calif.
Subject: Disabled gamers
Document: Complaint

Spencer v. Ray
Court: Coconino County (Ariz.) Superior
Subject: Sweat lodge negligence
Document: Complaint

Hamaker v. The Furnace
Court: Jefferson County (Ala.) Circuit
Subject: Stripper DUI
Document: Order Denying Summary Judgment

Jose Padilla v. John Yoo
Court: USDC, N. Calif.
Subject: Terror suspect torture
Document: Brief for Appellant

Terry Hobbs v. Natalie (Maines) Pasdar
Court: USDC, E. Ark.
Subject: Defamation
Document: Order Granting Summary Judgment

Humphrey v. Bardwell
Court: USDC, E. La.
Subject: Interracial marriage
Document: Complaint

Ambers v. 340 E. 74th St. Owners Corp.
Court: Manhattan Supreme
Subject: Co-op Discrimination
Document: Complaint

McDonald's Corp. v. Ogborn
Court: Kentucky Ct. of Appeals
Subject: Strip-Search Hoax
Document: Opinion

Native Village of Kivalina v. ExxonMobil
Court: USDC, N. Calif.
Subject: Global Warming
Document: Order Granting Motion to Dismiss

MacLeod v. Dunkin Donuts
Court: Norfolk (Mass.) Superior
Subject: Hash Brown Injury
Document: Complaint

McCourt v. McCourt
Court: Los Angeles Superior
Subject: Celebrity Divorce
Document: Petition

Eric Dane v. Gawker Media
Court: USDC, C. Calif.
Subject: Celebrity Sex Tape
Document: Complaint

Weinstein v. Ammerman
Court: Dallas County (Texas) District
Subject: Terroristic Threats
Document: Complaint

Hedrick v. Famous Sam's
Court: Maricopa County (Ariz.) Superior
Subject: Pole-Dancing Injury
Document: Complaint

Dan Rather v. CBS
Court: N.Y. Appellate Division
Subject: Breach of Contract
Document: Opinion

Rose v. Cox Health Systems
Court: USDC, W. Mo.
Subject: Service Monkey Discrimination
Document: Opinion

Kubena v. Enmon
Court: San Francisco Superior
Subject: ER Theft by Doctor
Document: Complaint

Howard K. Stern v. Rita Cosby
Court: USDC, S. N.Y.
Subject: Defamation
Document: Opinion

Brant v. The Chop Shop
Court: USDC, E. Pa.
Subject: Sex Stereotyping
Document: Answer to Complaint

Paris Hilton v. Hallmark Cards
Court: 9th Circuit
Subject: Publicity Rights
Document: Opinion

Missy Lapine v. Jessica Seinfeld
Court: USDC, S. N.Y.
Subject: Copyright Infringement
Document: Order Granting Dismissal

In the Matter of Liskula Cohen
Court: Manhattan Supreme
Subject: Cyber-Bullying
Document: Order Compelling Disclosure

St. Mark R.C. Parish v. City of Phoenix
Court: USDC, Ariz.
Subject: Church Bells Nuisance
Document: Complaint

In the Matter of Kurowski and Voydatch
Court: Laconia (N.H.) Family Division
Subject: Home-Schooling
Document: Decree on Pending Motions

Olson v. Baron Cohen
Court: Los Angeles Superior
Subject: "Bruno" Assault
Document: Complaint

Griswold v. Driscoll
Court: USDC, Mass.
Subject: Armenian Genocide
Document: Opinion

Sugawara v. Pepsico
Court: USDC, E. Calif.
Subject: False Cereal Advertising
Document: Order Granting Dismissal

Ozzy Osbourne v. Tony Iommi
Court: USDC, S. N.Y.
Subject: Trademark Infringement
Document: Complaint

Gawronski v. Amazon.com
Court: USDC, W. Wash.
Subject: Kindle Trespassing
Document: Complaint

Kerr v. New Orleans Police Department
Court: USDC, E. La.
Subject: Male Skirt-Wearing
Document: Complaint

Henry Savio v. Drew Peterson
Court: Will County (Ill.) Circuit
Subject: Wrongful Death
Document: Complaint

Newsom v. Carnival Cruise Lines
Court: USDC, S. Fla.
Subject: Wedding Cake Allergy
Document: Complaint

Jose Padilla v. John Yoo
Court: USDC, N. Calif.
Subject: Torture of "Enemy Combatant"
Document: Order on Motion to Dismiss

Nash v. Herold
Court: Stamford (Conn.) Superior
Subject: Chimp Attack
Document: Complaint

Sorbello v. Chuck E. Cheese
Court: St. Louis County Circuit
Subject: Groping Mascot
Document: Complaint

Dicks v. Auto Financing Network
Court: Maricopa County (Ariz.) Superior
Subject: Cyber-Bullying
Document: Complaint

Fetman v. Playboy
Court: Cook County (Ill.) Circuit
Subject: Sexual Harassment
Document: Complaint

White v. Wal-Mart Stores
Court: Vermilion Parish (La.) District
Subject: Nutria Attack on Shopper
Document: Petition

In the Matter of the Child of Colleen & Anthony Hauser
Court: Brown County (Minn.) District
Subject: Cancer Treatment
Document: Final Order

Crawford v. Wazoo's Argyle
Court: Denton County (Texas) District
Subject: Bounce House Wrongful Death
Document: Complaint

Batista v. Batista
Court: Nassau County (N.Y.) Supreme
Subject: Marital Kidney Donation
Document: Ruling

Dwyane Wade v. Siohvaughn Wade
Court: Cook County (Ill.) Circuit
Subject: Defamation
Document: Complaint

Megan Hauserman v. Sharon Osbourne
Court: Los Angeles Superior
Subject: Reality Show Assault
Document: Complaint

Gorzelany v. Simon & Schuster
Court: Bergen County (N.J.). Superior
Subject: "Douchebag" Defamation
Document: Opinion

Geronimo v. Obama
Court: USDC, D. Col.
Subject: Apache Chief Remains
Document: Complaint

Bourne v. Verizon Communications
Court: Kent (R.I.) Superior
Subject: Negligent Transmission of Porn
Document: Complaint

Emicles da Mata v. David Beckham
Court: Los Angeles Superior
Subject: Paparazzo Assault
Document: Complaint

Damour v. Wal-Mart Stores
Court: Bronx Supreme
Subject: "Black Friday" Stampede
Document: Complaint

Pearson v. Chung
Court: D.C. Court of Appeals
Subject: Lost Suit Pants
Document: Opinion

Doe v. SexSearch.com
Court: 6th Circuit
Subject: Website Liability for Underage Sex
Document: Opinion

Murray v. Paulson
Court: USDC, E. Mich.
Subject: AIG Bailout
Document: Complaint

Ernie Chambers v. God
Court: Douglas County (Neb.) District
Subject: Frivolous Lawsuits
Document: Order to Formalize Dismissal

Hain v. DiLeo
Court: USDC, M. Pa.
Subject: Soccer Mom's Gun Rights
Document: Complaint

Nelson v. American Apparel
Court: Calif. 2nd District Ct. of Appeal
Subject: "Sham" Arbitration
Document: Opinion

In the Matter of the Nicholas Family Trust
Court: Orange County (Calif.) Superior
Document: Petition to Remove Trustee

Privette v. Booby Trap
Court: Broward County (Fla.) Circuit
Subject: Stripclub Injury
Document: Complaint

Peacock v. City Press
Court: Davidson County (Tenn.) Circuit
Subject: Stripper Defamation
Document: Complaint

Wone v. Price
Court: D.C. Superior
Subject: Wrongful Death
Document: Complaint

Sancho v. Dept. of Energy
Court: USDC, Hawaii
Subject: "Doomsday" Atom-Smasher
Document: Opinion granting dismissal

Schroer v. Billington
Court: USDC, D. Col.
Subject: Transsexual Rights
Document: Order After Bench Trial

Bursac v. Suozzi
Court: Nassau County (N.Y.) Supreme
Subject: DWI Arrest Publicity
Document: Order Granting Injunction

Spanierman v. Hughes
Court: USDC, Conn.
Subject: Misuse of MySpace
Document: Opinion Granting Summary Dismissal

Peterson v. Grisham
Court: USDC, E. Okla.
Subject: Defamation
Document: Opinion Granting Motions to Dismiss

Raymond Weil v. Charlize Theron
Court: USDC, S. N.Y.
Subject: Breach of Contract
Document: Decision on Summary Judgment Motions

Rin Tin Tin, Inc. v. First Look Studios
Court: USDC, S. Texas
Subject: Trademark Infringement
Document: Complaint

Miller v. American Fertility Group
Court: Illinois Appellate
Subject: Pre-Embryo Destruction
Document: Opinion

Psenicska v. 20th Century Fox
Court: USDC, S. N.Y.
Subject: "Borat" Remorse
Document: Order Granting Dismissals

Richard v. Keller
Court: USDC, W. Texas
Subject: Wrongful Execution
Document: Opinion Granting Motion to Dismiss

Buckley v. Haddock
Court: 11th Circuit
Subject: Excessive Taser Force
Document: Opinion

Kaplan v. American Multi-Cinema
Court: Manhattan Civil
Subject: Popcorn-Eating Injury
Document: Opinion

Warner Bros. v. RDR Books
Court: USDC, S. N.Y.
Subject: Copyright Infringement
Document: Order Granting Injunction

Starks v. City of Warren
Court: Macomb County (Mich.) Circuit
Subject: Woman Sues Police Dog
Document: Complaint

Taveras v. Resorts International
Court: USDC, N.J.
Subject: Gambling Addiction
Document: Opinion Granting Dismissal

Lenz v. Universal Music
Court: USDC, N. Calif.
Subject: YouTube Video Takedown
Document: Order Denying Dismissal

Estate of Melinda Duckett v. CNN
Court: USDC, M. Fla.
Subject: Ambush Journalism
Document: Order Denying Dismissal

Kievernagel v. Kievernagel
Court: Calif. 3rd District Ct. of Appeal
Subject: Posthumous Sperm Use
Document: Opinion

Bush v. Parkus
Court: Jefferson County (Texas) District
Subject: Medical Battery
Document: Complaint

Ryan v. U.S.
Court: 8th Circuit
Subject: Switched at Birth
Document: Opinion

Romantics v. Activision Publishing
Court: USDC, E. Mich.
Subject: Publicity Rights
Document: Order Granting Summary Dismissal

Kramer v. Allergan
Court: Orange County (Calif.) Superior
Subject: Botox Poisoning
Document: Complaint

Defenders of Wildlife v. Hall
Court: USDC, Mont.
Subject: Gray Wolf Protection
Document: Order Granting Injunction

Jarry v. Southington Board of Education
Court: USDC, Conn.
Subject: Firing of "Hottest Wife" Teacher
Document: Complaint

Grubbs v. Wal-Mart Stores
Court: Montezuma County (Colo.) District
Subject: Salmonella Poisoning
Document: Complaint

Dawe v. Bar-Levav & Associates
Court: Michigan Ct. of Appeals
Subject: Psychiatric Malpractice
Document: Majority Opinion

Dawe v. Bar-Levav & Associates
Court: Michigan Ct. of Appeals
Subject: Psychiatric Malpractice
Document: Dissent

Ferguson v. CBS Corp.
Court: Manhattan Supreme
Subject: "Rachel Ray Show" Discrimination
Document: Complaint

De la Garza v. PetSmart, Inc.
Court: Nueces County (Texas) District
Subject: Parrot Fever Death
Document: Petition

Pleasant Glade Assembly of God v. Schubert
Court: Texas Supreme
Subject: Assault by "Laying Hands"
Document: Majority Opinion

Pleasant Glade Assembly of God v. Schubert
Court: Texas Supreme
Subject: Assault by "Laying Hands"
Document: Dissent

Marmelstein v. Kehillat New Hempstead
Court: N.Y. Court of Appeals
Subject: Pastoral Counseling
Document: Opinion

Roxane Davis v. Johnny Rotten
Court: Los Angeles Superior
Subject: Reality Show Assault
Document: Complaint

Danaher v. Wild Oats Markets
Court: USDC, Kan.
Subject: Defective Ear Candle
Document: Complaint

In re Sara Steed
Court: Texas Third Ct. of Appeal
Subject: Polygamy Church
Document: Opinion

Jared Stern v. Ron Burkle
Court: Manhattan Supreme
Subject: Defamation
Document: Order Granting Motion to Dismiss

Klopfenstein v. National Sales & Supply
Court: USDC, E. Pa.
Subject: "Servile" Coffee-Making
Document: Order Granting Summary Dismissal

MAJ Entertainment v. Zoning Board
Court: Pennsylvania Commonwealth Ct.
Subject: Sex Club Regulation
Document: Opinion

Claassen v. E-Harmony.com
Court: Alameda County (Calif.) Superior
Subject: Online Dating Discrimination
Document: Order denying summary judgment.

Yakubovsky v. Elaine's Astrology
Court: Cuyahoga County (Ohio) Common Pleas
Subject: Psychic Malpractice
Document: Complaint

Viacom International v. YouTube
Court: USDC, S. N.Y.
Subject: Copyright Infringement
Document: Answer to Complaint

Perea v. ACE Cash Express
Court: Denver District
Subject: Wrongful Termination of Robbery Victims
Document: Complaint

Bauer v. Glatzer
Court: Monmouth County (N.J.) Superior
Subject: Wikipedia Libel
Document: Motion to Dismiss

Willis v. Town of Marshall
Court: 4th Circuit
Subject: Dirty Dancing
Document: Opinion

Doe v. Szul Jewelry
Court: Manhattan Supreme
Subject: Publicity Rights
Document: Order Denying Motion to Dismiss

Reed v. Tony Yayo
Court: Manhattan Supreme
Subject: "Gangsta" Rap
Document: Complaint

Hutchinson v. British Airways
Court: USDC, W. Wash.
Subject: "Reckless" Baggage Handling
Document: Motion to Dismiss

Cusick v. Southwest Airlines
Court: USDC, N. Ala.
Subject: Plane Inspections
Document: Complaint

Molski v. Evergreen Dynasty
Court: 9th Circuit
Subject: Vexatious Litigation
Document: Order on Panel Rehearing

Williams v. Manchester
Court: Illinois Supreme
Subject: Wrongful Death of Fetus
Document: Opinion

Chang v. Hot Lap Dance Club
Court: Manhattan Supreme
Subject: Strip Club Negligence
Document: Complaint

Doe v. Dilling
Court: Illinois Supreme
Subject: Failure to Disclose AIDS
Document: Opinion

Doe v. Hampton Roads Transit Authority
Court: Virginia Beach (Va.) Circuit
Subject: Bus Driver Negligence
Document: Complaint

Simmons v. MTD Products
Court: Roanoke (Va.) Circuit Ct.
Subject: Lawn Mower Death
Document: Opinion Denying New Trial

Batra v. Wolf
Court: Manhattan Supreme
Subject: Libel in Fiction
Document: Order Denying Motion to Dismiss

Hunter Tylo v. Shanna Downing
Court: Clark County (Nev.) District Ct.
Subject: Drowning Death
Document: Motion to Amend Complaint

Reliable Consultants v. Earle
Court: 5th Circuit
Subject: Sex Toy Distribution
Document: Opinion

Boldt v. Boldt
Court: Oregon Supreme
Subject: Circumcision
Document: Opinion

Milbury v. Kieley Corp.
Court: Rockingham County (N.H.) Superior
Subject: Wedding Party Brawl
Document: Writ of Summons

Srodon v. Blue Man Productions
Court: Cook County (Ill.) Circuit
Subject: "Esophagus Video" Injury
Document: Complaint

Orlando v. Alarm One
Court: Calif. 5th District Ct. of Appeal
Subject: Workplace Spanking
Document: Opinion

Finley v. Astrue
Court: Arkansas Supreme
Subject: In Vitro Inheritance Rights
Document: Opinion

Rost v. Steamboat Springs RE-2 Sch. Dist.
Court: 10th Circuit
Subject: Student Harassment
Document: Opinion

Glatt v. Posy Floral Design
Court: Manhattan Supreme
Subject: Wedding Flower Fraud
Document: Answer to Complaint

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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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