Philippe v. Wal-Mart Stores
Family of a Wal-Mart worker trampled to death in a "Black Friday" stampede sues the company for "creat[ing] an atmosphere of competition and anxiety amongst the crowd."
Mattel v. MGA Entertainment
Los Angeles judge permanently enjoins a toy company from making or selling Bratz dolls as a result of its infringement of the intellectual property of Barbie maker Mattel.
Wone v. Price
Widow of murdered attorney Robert Wone sues three men for wrongful death, alleging the knife used to stab him was "in [their] custody and control ... at all relevant times."
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• New Jersey appeals court orders the unsealing of a settlement paid by a Giants Stadium vendor to a girl injured in a crash with a drunken fan. "We fail to discern the compelling interest that allows plaintiffs to shroud the amount and terms of the settlement in secrecy by settling the case prior to trial."
Verni v. Lanzaro

• Michigan judge says a city of Detroit employee can sue for failure to accommodate her sensitivity to perfume. "Plaintiff may proceed [to trial] with her claim of disability based on the major life activity of breathing."
McBride v. City of Detroit

• Ex-wife of Henry Nicholas petitions to remove the co-founder of Broadcom Corp. as co-trustee of the family trust, alleging he whispered in her ear that "he was going to have [her] 'whacked.'"
In the Matter of the Nicholas Family Trust

• Two National Guardsmen allege Wisconsin Dells police forced them to consume urine-soaked dirt and a plant after accusing them of public urination.
Anderson v. City of Wisconsin Dells

• Los Angeles judge orders a man to pay his ex-wife $12.5 million in damages for infecting her with the HIV virus during their marriage when he knew or should have known he was HIV-positive.
Bridget B v. John B

• Victoria's Secret users file another class action alleging the company's undergarments are defective, causing "allergic reactions, contact dermatitis, blistering, itching, hives, rashes, scarring, systemic reactions and other health concerns."
Amaya v. Victoria's Secret Stores

• ABC asks the 2nd Circuit to overturn a $1.4 million fine for airing a woman's nude buttocks on an episode of "NYPD Blue." The FCC's "conclusion that the threshold indecency requirement was met here rested entirely on the notion that buttocks are a sexual or excretory organ. But buttocks are not a sexual or excretory organ." ABC v. FCC

• Cookbook author Missy Chase Lapine, allegedly slandered by Jerry Seinfeld, says she has "never felt so frightened and vulnerable as the day my daughter, 7 years old, came home from school and asked, "Mom, what is an assassin?" Seinfeld had joked on the "David Letterman Show" that "if you read history, many of the three-name people do become assassins.” Lapine v. Seinfeld

• North Carolina Court of Appeals refuses to issue an injunction requiring pop singer Clay Aiken to endorse a book about him. "Our courts cannot be used to force celebrities or their family or friends into making endorsements for another person's profit."
Holleman v. Aiken

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On Point News Story of the Day

New York

  • Priest's Affair Said to Breach Duty as Confessor (11/2/08)

  • Case Tests Stigma of Online "Wall of Shame" (10/24/08)

  • Slip of the Wrist May Cost Actress in Watch Case (10/12/08)

  • Theater Not Liable for Popcorn Dental Damage (9/30/08)

  • "Harry Potter" Author Wins Copyright Battle (9/9/08)

  • Judge Delivers Death Blow to "Borat" Suits (9/7/08)

  • Brinkley Gets Custody of Kids as Divorce Settles (7/10/08)

  • Judge Keeps Court Open in Brinkley Divorce (7/1/08)

  • Woman Loses Suit over Affair with Rabbi (6/29/08)

  • "Naked Cowboy" Wins Duel with Candy Cowboy (6/24/08)

  • Court OKs Woman's Suit over Affair with Priest (6/5/08)

  • Law Firm Tries to Preempt Rape Claim (5/14/08)

  • Novelist Settles Segregation-in-Publishing Case (5/9/08)

  • Jury Says Forced Rectal Exam of Patient Not Assault (4/27/08)

  • Victims Blame Marketing for "Gangsta" Violence (4/22/08)

  • 'Public Interest' Protects 'Borat' from Privacy Suit (4/3/08)

  • Hotel Guests' Bedbug Claim Has Enough Bite (4/1/08)

  • Attorney Can Sue TV Show for "Libel-in-Fiction" (3/25/08)

  • Seinfeld Answers Suit with "Comic Effect" Defense (2/22/08)

  • Investor Files $243,000 Ring Retrieval Suit (2/15/08)

  • Student Gets Just Desserts in Jell-O Wrestling Case (1/31/08)

  • Author Sues Seinfeld for "Sneaky" Slander (1/8/08)

  • Model's $200 Moaning Job Leads to $5M Suit (1/5/08)

  • Circuit Judge No Friend of Post-9/11 Civil Rights (12/2/07)

  • "Shy Bladder" Sufferer Wins $225K Award (11/28/07)

  • Rather, Regan Suits Weave Conspiracies (11/15/07)

  • Brothel Trip Alleged to Have Debased Adman (11/1/07)

  • Lawyer's $400K Suit Not Just About Flowers (10/18/07)

  • "Whore" Hypothetical Heats Up "Borat" Brief (8/30/07)

  • Opinion Defense to Shield Imus in "Ho" Slur Suit? (8/20/07)

  • Attorney Seeks Equality for Men at Nightclubs (7/14/07)

  • Judge Finds "JT Leroy" Tried to Scam Court (6/30/07)

  • Writer Facing Trial for Creating Fake Persona (6/17/07)

  • Judge OKs Claim in "Terrible" Clinic Sperm Mixup (4/15/07)

  • Porn Star Sued for Damaging "Dolce Vita" Luster (3/31/07)

  • Jury Not Bewitched by Teacher's Bias Case (3/14/07)

  • Judge Deaf to Plea for Service Dog on Campus (3/7/07)

  • Court Gives Big Apple Nothing to Dance About (3/6/07)

  • Divorcing Couple Live in a House Divided (2/11/07)

  • Novelist Alleges "Segregation" in Publishing (1/29/07)

  • Are Activists Harmed by Foie Gras Business? (1/10/07)

  • Court Says Inn Owed "Safe Harbor" to Drunk Guest (12/26/06)

  • No Products Claim for "Defective" Atkins Diet (12/13/06)

  • "Barney" Owner No Longer "Enemy" for Web Site (11/28/06)

  • A License for Hip-Hop Harassment Immunity? (10/31/06)

  • Civil-Rights Plaintiffs Pierce Prosecutors' Immunity (10/13/06)

  • "Barney" Owner Promises to Back Off Parody Site (10/9/06)

  • Umpire Settles Tennis Racism Suit (9/2/06)

  • Raid on Home to Rescue Tiger Ruled Legal (8/8/06)

  • Holloway Parents' Case Kicked Out of N.Y. (8/6/06)



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    Brady v. Wal-Mart Stores
    Court: 2nd Circuit
    Subject: Bedbug Infestation
    Document: Opinion

    Clark v. Beacon Capital Partners
    Court: Manhattan Supreme
    Subject: Bedbug Infestation
    Document: Complaint

    Price v. New York City Bd. of Educ.
    Court: N.Y. Appellate Division
    Subject: Cell Phones in Schools
    Document: Opinion

    Agni v. City of New York
    Court: 2nd Circuit
    Subject: Ferry Accident
    Document: Opinion



    Doe v. Mukasey
    Court: 2nd Circuit
    Subject: USA Patriot Act
    Calendar: Oral Arguments (8/27/08)