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Legal News

On Point News

Combines blog-style content with newspaper-style design. Features include a story of the day, upcoming court hearings of interest, and recently filed court documents.
By Matthew Heller, Editor

Post Frequency: 1.9/day

Last Entry: March 29, 2011 at 11:00:00

Plaintiff's Expert Files Appeal in 'Popcorn Lung' Lawsuit

Posted on August 08, 2010
A controversial expert witness for plaintiffs has filed an unusual non-party appeal of a Washington state judge's decision finding his theory that snackers can contract lung disease from exposure to microwave popcorn is not scientifically sound. Dr...

Philly School Sued Over Race Attack on Student's Mom

Posted on August 05, 2010
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...

'McSteamy' Sex Tape Suit Cools off With Settlement

Posted on July 31, 2010
Acting couple Eric Dane and Rebecca Gayheart have dropped a $1 million lawsuit against Gawker.com for publishing a videotape featuring them in a nude threesome with a friend after the gossip website agreed to take down the much-viewed posting. Eric Dane and Rebecca Gayheart Gawker got plenty of mileage from the tape after posting it in August 2009...

Sex Harassment Claims Hit Actor Affleck, 'Bones' Star

Posted on July 28, 2010
A producer of a film about actor Joaquin Phoenix, an extra on the set of the TV show ?Bones,? an assistant property master, and a makeup artist are among the plaintiffs in a recent epidemic of lurid Hollywood lawsuits. David Boreanaz Casey Affleck At least five such cases (see table) have been filed in Los Angeles Superior Court since April ? three of them over the past week ? with the allegations leaving little to the imagination...

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Jury Goes 'Wild' in Woman's Privacy Case Over Video

Posted on July 25, 2010
A St. Louis jury has gone wild in a case of involuntary nudity, finding that a woman consented to appearing topless in a ?Girls Gone Wild? video by playing to the camera before another person pulled her top down. The woman, identified only as Jane Doe, had no expectation of privacy, the jury declared last week, even though she said ?no? when a ?Girls Gone Wild? crew asked her to bare her breasts as they were filming at a St...

Soap Star Facing $750K Award to Therapist She Sued

Posted on July 21, 2010
Soap opera star Hunter Tylo may have to pay more than $750,000 in damages and attorney fees to a psychotherapist whom she sued more than four years ago for negligent treatment of her children, On Point has learned. Hunter Tylo The case has been another disaster for Tylo, whose son Michael, 19, drowned in the swimming pool of her Henderson, Nev...

Reporter Sues Hotels Over Stalker's Peephole Videos

Posted on July 19, 2010
In an unusual premises liability case, ESPN reporter Erin Andrews has sued the operators of three hotels for allowing a stalker to surreptitiously videotape her naked through peepholes in the doors to her rooms. Erin Andrews Michael David Barrett, a former insurance salesman, shot the video of Andrews while she was staying at the Blackwell Inn of Columbus, Ohio, the Radisson Hotel Milwaukee Airport, and the Marriott Nashville at Vanderbilt University...

Pro-Life Students Want Rubber Fetus Ban Overturned

Posted on July 14, 2010
The suspensions of seven pro-life students at two Roswell, N.M., high schools for distributing rubber fetuses have given birth to a lawsuit that takes the First Amendment protections for student speech into uncharted territory.The students, who belong to a religious youth group called Relentless in Roswell, sued school officials last month, alleging their suspensions were unconstitutional...

Distress Claim Barred in Hotel 'M�n�ge � Trois' Case

Posted on July 11, 2010
The Casa Casuarina A former employee of a luxury Miami Beach hotel who says her billionaire boss invited her to join him in a ?m�n�ge � trois? cannot sue him for infliction of emotional distress, a judge has ruled, finding his alleged behavior, while ?obnoxious,? was not ?objectively outrageous...

Jail Settles With Inmate Over Access to Satanic Bible

Posted on July 05, 2010
A Satanist has won at least a symbolic victory in a prisoner rights case as officials at a Montana jail agreed to pay him $100 for denying his requests for a copy of The Satanic Bible. Jason Indreland The minimal settlement resolved Jason Indreland's only remaining claim arising from his incarceration at the Yellowstone County Detention Facility between March 2007 and July 2008...

Bias Suit Claims New Age Boss Fired Woman for Fetus

Posted on July 02, 2010
A Nebraska home builder that encourages employees to follow New Age philosophies has been sued by a former employee who says the CEO of HearthStone Homes fired her because her fetus brought ?negative energy? into the workplace.Jammie Harms' case takes employment discrimination law in a novel direction by alleging her boss's ?negative religious response? to her pregnancy created a hostile work environment...

Widow Blames Actor's Off-the-Set Death on Film Crew

Posted on June 27, 2010
David Carradine A lawsuit filed by the widow of actor David Carradine presents the creative theory that he died in a Bangkok hotel room because a French film production company did not meet the ?industry standard? for providing ?amenities? to movie stars...

Court Rejects Pill Addiction Suit Against Pharmacies

Posted on June 24, 2010
A law that makes drug dealers liable for the injuries they cause does not apply to two pharmacies, a California appeals court has ruled, rejecting the case of a woman who got addicted to painkillers she acquired illegally from an employee of the pharmacies...

New Suits Could Chill Writers' Use of Own Experiences

Posted on June 20, 2010
The case of a woman who claims she is the real-life model for the character of a prostitute in a movie is one of three lawsuits filed last month which would punish writers for making creative use of their experiences.The film ?Finding Amanda? stars Matthew Broderick as a screenwriter with a gambling problem who tries to redeem himself by rescuing his young niece, the ?Amanda? of the title, from a life of prostitution and drug use in Las Vegas...

Court Boosts Child Safety in Girl's Suit Against Father

Posted on June 18, 2010
A girl can now sue her father over her injuries in an auto accident after the Virginia Supreme Court avoided the ?inequitable result? of leaving her without a remedy for his failure to secure her properly in a car seat.The ruling in Hannah Evans's case clarifies that a Virginia law requiring children up to age 8 be placed in a child restraint device when traveling in a motor vehicle does not preclude a common-law claim for negligent transportation of a child...

Man Can Sue Wife's Lover as Source of Herpes Infection

Posted on June 13, 2010
There is ?nothing unfair? about making a man infected with genital herpes liable for indirectly transmitting the disease through his married lover to her spouse, a New York judge has ruled in a surprisingly thin analysis of an issue of first impression...

Should Sick Baby Have Been 'Seized' for Spinal Tap?

Posted on June 08, 2010
After nearly six years of litigation, an Idaho jury will now hear a high-stakes case that pits child protection laws against the right of a couple to decide whether their infant daughter should have a spinal tap test for meningitis. Corissa Mueller and daughter Taige The long-awaited trial will focus on a critical five-hour period which began when Corissa Mueller brought her daughter Taige to the emergency room of a Boise hospital with flu-like symptoms and ended when Dr...

Woman Goes in Wrong Direction With Google Maps Suit

Posted on June 04, 2010
In what may be the first ?defective content? lawsuit against an online publisher, a California woman has sued Google for providing her with faulty directions on Google Maps that resulted in her being hit by a car. The highway where Lauren Rosenberg was hit by a car Lauren Rosenberg has included claims for negligent publication and failure to warn in her suit over an accident last January in which a driver allegedly struck her as she was walking across a highway in Park City, Utah...

Waitress Sues Hooters in Weighty Discrimination Case

Posted on May 30, 2010
The case of a former Hooters waitress who alleges she was forced to quit her job because she wouldn't go on ?weight probation? might fit an exception to a Michigan law which prohibits discrimination based on weight.Cassandra Smith, 20, filed her lawsuit last week ? less than two weeks after Hooters management allegedly told her during a performance evaluation that she had to lose weight ?as a condition of retaining her employment? at the company's restaurant in Roseville, Mich...

'Sexting' Suit Tests Searches of Student Cell Phones

Posted on May 26, 2010
The key battle in a Pennsylvania high school student's case against school officials who found nude photos of her in her cell phone may be over whether ?clearly established law? barred them from rummaging through the contents of the device.The tension between the privacy rights of students and the interest of school administrators in maintaining discipline has been magnified by the prevalence of cell phones on campuses...

Softball League Makes Pitch for Excluding Non-Gays

Posted on May 21, 2010
A national gay athletic league is taking a� leaf out of the anti-gay legal playbook of the Boy Scouts of America to defend itself from allegations that it engaged in a witch hunt to ?out? non-gay members of a softball team.A trio of ace softball players made the startling allegations against the North American Gay Amateur Athletic Alliance (NAGAA) in a lawsuit filed last month which says league officials deemed them insufficiently ?gay? to play for San Francisco's D2 team in the 2008 Gay Softball World Series...

Cryonics Firm Wins Battle to Freeze Dead Man's Head

Posted on May 17, 2010
Container for storing Alcor "neuropatients" Orville Richardson has been dead for 15 months. But in what might seem like a pointless decision, the Iowa Court of Appeals has ordered his siblings to make his head available for cryonic preservation...

Tot's Mom Prepped for Nancy Grace Grilling, CNN Says

Posted on May 15, 2010
A ?script? written by a woman who killed herself after being interviewed for ?Nancy Grace? shows she was thoroughly prepared to be questioned about the disappearance of her two-year-old son, the talk show's producers say. Melinda Duckett Nancy Grace ?The only person who was not surprised during Melinda Duckett's appearance on the Nancy Grace program was Melinda herself,? CNN argues in a motion for summary dismissal of a ?talk-show tort? case filed by Duckett's parents...

Jury Sees No Harm in Reporters' 'Locker Room' Antics

Posted on May 12, 2010
A New York jury has found a TV news anchor was not harmed when her fellow reporters circulated a digitally enhanced picture of her with huge breasts ? a verdict based in part on testimony that sexually charged pranks and banter were part of the milieu of the newsroom...

Trademark Suit Rips 'Heart' Out of Heart Stopper's Grill

Posted on May 07, 2010
Heart Stopper's Sports Grill is going under the knife. Less than six months after opening, the Delray Beach, Fla., restaurant will drop its cardiac theme to settle claims that it ripped off the Heart Attack Grill of Chandler, Ariz.Even though the two restaurants are about 2,000 miles apart, Heart Attack Grill sued Heart Stopper's in January for ?operating a medically themed hamburger grill and restaurant with high caloric food products which was identical to or substantially identical to Heart Attack Grill's medically themed hamburger grill with high caloric food...

Students Named in Oral Sex Expos� Lose Privacy Suit

Posted on May 04, 2010
The First Amendment has trumped privacy rights as a Washington state jury rejected a case filed by four high-school students who claimed they did not consent to having details of their sex lives disclosed in the school newspaper. The students sued the Puyallup School District after they were named in an article about oral sex published in JagWire, the student newspaper of Emerald Ridge High School...

Mardi Gras Law Bars Liability for Errant Coconut Throw

Posted on May 02, 2010
Videotape footage of a Mardi Gras Parade in New Orleans is not enough evidence to make the parade organizer liable for injuries to a spectator who was allegedly struck in the head by a coconut thrown from a float, a Louisiana appeals court has ruled.Mardi Gras coconut throws are usually shielded from liability under Louisiana's Mardi Gras Immunity Statute but the law does not apply to an injury ?caused by the deliberate and wanton act or gross negligence of the krewe or organization, or any member thereof...

Lawyers Take Another Shot at Fruit Claims in Cereals

Posted on April 30, 2010
Another outbreak of cereal litigation has flared up, with plaintiffs' lawyers now citing old trademark documents as evidence that the makers of Froot Loops and Cap'n Crunch's Crunch Berries falsely advertise the cereals as containing real fruit.A Sacramento, Calif...

"Peeping Tom" Allegation May Not Fly in "Webcamgate"

Posted on April 25, 2010
Blake Robbins A high-profile privacy lawsuit against a Pennsylvania school district that allegedly used remote-controlled cameras on laptop computers to snoop on students may turn out to be a tempest in a teapot unless the plaintiffs can show the district had some voyeuristic purpose...

Second Lifers Assert Virtual Land Rights in Class Action

Posted on April 20, 2010
The tricky issue of whether gamers have rights in their virtual property has resurfaced in a $5 million lawsuit filed by four buyers of Second Life real estate who claim the creator of the virtual world has illegally stripped them of their property. Second Life "property" Real-world courts have yet to address virtual world property rights but a Second Life gamer, Pennsylvania attorney Marc S...

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