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Attorney Sues 'Washingtonienne' Author
Legal Focuses |
2008/04/24 08:09
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Former Senate Judiciary Committee counsel Robert Steinbuch sued Jessica Cutler, author of the Washingtonienne blog and subsequent book, claiming she invaded his privacy by publishing in graphic detail the intimate amorous and sexual relationship between Cutler and the Plaintiff, including his alleged predilection for spanking.
Steinbuch also sued Hyperion Books, a division of Disney Publishing Worldwide, which allegedly paid Cutler a $300,000 advance for her book, after her blog became a sensation.
n his federal complaint, Steinbuch says, At the time of his relationship with Cutler, Plaintiff did not know that Cutler was simultaneously engaged in sexual relationships with another man, let alone with five other men, and let alone that she was prostituting herself to some of them; and Plaintiff did not know that Cutler was recording the details of her relationship with Plaintiff in her blog, and Defendant Cutler described Plaintiff as, among other things, a committee counsel who likes spanking. That blog is the subject of a separate and distinct litigaion.
Steinbuch also claims Cutler profited by capitalizing on the publicity generated by her blog and her relationship with Plaintiff by signing a deal with Playboy that included a nude photo spread of her, and the thinly disguised novel, of the roman a clef genre, in which her relationship with him is described in graphic detail.
His complaint adds: Hyperion specifically advertised the book as being in 'a witty, unapologetic voice, the novel's narrator Jackie tells the story of ... the staff counsel whose taste for spanking she accidentally leaks to the office.'
Steinbuch demands $10 million damages for invasion of privacy, false light, and intentional infliction of emotional distress. He is represented by Jonathan Rosen of Clearwater, Fla. |
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Officers Denied Immunity For Arresting Protester
Topics |
2008/04/23 07:51
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The 10th Circuit denied immunity to five police officers in Albuquerque, N.M., who allegedly arrested a University of New Mexico faculty member during an antiwar protest, simply because he was part of a large basket containing a few bad eggs.
The court ruled 2-1 that John Fogarty may proceed with a lawsuit accusing the officers of targeting him without probable cause and using excessive force to arrest him during a March 2003 demonstration against the U.S. war in Iraq.
The protest began on the UNM campus and spread to city sidewalks and streets, with between 500 and 1,000 demonstrators voicing their opposition to the war.
Fogarty and a friend joined a drum circle that was play(ing) a really nice samba, Fogarty claimed. But police accused the drummers of inciting the crowd and making it more difficult to clear the streets.
Capt. John Gonzales told officers to remove the drums, a statement some interpreted as a direct order to arrest the drummers, Fogarty included. The plaintiff said he was already off the street when officers pelted him with an unknown projectile and arrested him.
Officers allegedly took the handcuffed Fogarty near an area with lingering tear gas, causing Fogarty to suffer an acute asthma attack. He also claimed to have torn a tendon in his wrist during the ordeal.
The majority refused to dismiss Fogarty's claims, ruling that he had provided enough evidence to survive summary judgment at this stage.
The Fourth Amendment plainly requires probable cause to arrest Fogarty as an individual, not a member of a large basket containing a few bad eggs, Judge Lucero wrote. In other words, that Fogarty was a participant in an antiwar protest where some individuals may have broken the law is not enough to justify his arrest. |
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Federal judge dismisses Katrina fraud claim
Topics |
2008/04/22 08:01
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A federal judge on Monday dismissed claims of fraud against State Farm Insurance by a Mississippi couple who claimed that the company denied their insurance claim for damage from Hurricane Katrina based on bad faith and fraud. US District Judge L.T. Senter, Jr. rejected the claim, writing:
Plaintiffs allege that State Farm committed actionable fraud in the handling of the plaintiffs' claim. Plaintiffs primarily rely on their contention that State Farm ordered two engineering reports from Forensic in an effort to dishonestly minimize its liability to the plaintiffs rather than for any legitimate reason. ...
Plaintiffs contend that State Farm, acting through Renfroe and Forensic, deliberately underestimated the amount of wind damage the insured property sustained in order to minimize its liability under the plaintiffs' homeowners policy. While this allegation, if sustained, would support a finding of bad faith, it is not sufficient to support an allegation of fraud. Fraud requires reasonable reliance on a misrepresentation, and the plaintiffs have not relied upon State Farm's evaluation of their claim. Indeed plaintiffs have brought this lawsuit in an effort to establish that State Farm has underestimated the wind damage to the insured property. Although plaintiffs may prevail on the merits of their claims for additional policy benefits and other extracontractual damages, including punitive damages if they establish bad faith on the part of State Farm or its agents, in the absence of any evidence that the plaintiffs relied upon State Farm's damage assessment I can see no basis for a claim of fraud.
Thomas and Pamela McIntosh filed the lawsuit against State Farm after the company refused to pay for most of the damage to their home, which State Farm concluded was caused mostly by flood damage from the storm surge.
State Farm used E.A. Renfroe amp; Co. to inspect the McIntosh's home, and the couple also alleged that Renfroe aided and abetted State Farm's fraudulent misconduct and that the company breached its duty of loyalty to the plaintiffs. Senter dismissed the aiding and abetting claim as he concluded there was no underlying fraud, and also dismissed the breach of duty claim. |
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Paper Wins Dismissal Of Libel Suit
Law Center |
2008/04/21 07:35
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nbsp; nbsp;nbsp; A circuit judge has dismissed with prejudice a defamation lawsuit against the Madison County Record. Amiel Cueto, whose brother, Lloyd Cueto, was running for judge in St. Clair County, claimed the Record defamed Amiel by reporting that Amiel was a power broker who controlled judges in the county.
nbsp; nbsp; G. Michael Prall, of the 11th Circuit in Bloomington, was assigned the case after the Illinois Supreme Court granted the Record's request that the case be removed from the 20th circuit, where it was filed.
nbsp; nbsp; Amiel Cueto, who served six years in prison for obstruction of justice, claimed the Record defamed him by calling him a power broker and stating that he owned 15 of 17 St. Clair County judges in the mid-1990s.
nbsp; nbsp; The Record sought dismissal, based on the alleged truth of the statements.
nbsp; nbsp; Judge Prall stated in his 5-page decision that while the article did not use the words power broker as a flattering term, it did not suggest criminal activity.
nbsp; nbsp; As to Cueto's controlling St. Clair judges in the 1990s, Prall wrote, There is no question that witnesses made statements in official court proceedings to the effect that the plaintiff controlled judges in the mid 1990s. Plaintiff's contention that these statements were untrue would not affect the right of the defendant to report these statements. |
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Judge blocks Philadelphia from enforcing new gun laws
Legal Focuses |
2008/04/18 07:51
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| pA judge on Thursday temporarily blocked the city from enforcing five gun-control ordinances pending a challenge from the National Rifle Association./ppThe NRA argues that state law prevents Pennsylvania municipalities from regulating guns, a view that even the city's crime-weary district attorney shares./ppThe city has no basis to pass any of these gun-control ordinances and they know it, lawyer C. Scott Shields argued on the NRA's behalf./ppCity lawyers contend that Philadelphia can pass gun-control ordinances if the laws are outside the scope of state measures. As an example, lawyer Mark Zecca told the judge that one Pennsylvania county had banned guns at its courthouse./ppAmong other things, the five city ordinances passed April 10 ban the sale of assault weapons; require owners to report a lost or stolen gun within 24 hours; and limit firearms purchases to one a month./ppThey came in response to the city's one-a-day murder rate and its reputation for being a weapons source for criminals in New York and other states with strict gun laws./ppThe judge scheduled arguments for April 28. She said she would rule very quickly, although her decision is sure to be appealed by the losing side./ppMayor Michael Nutter, who declared a crime emergency shortly after taking office in January, quickly signed the City Council bills into law - despite still-pending litigation over earlier gun-control efforts. /p |
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Fed. judge declares 2nd mistrial in terror case
Headline News |
2008/04/17 08:12
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| pUS District Judge Joan A. Lenard Wednesday declared a second mistrial in a terrorism prosecution of six men charged with conspiring to bomb the Sears Tower in Chicago and the FBI headquarters in Miami after the jury was unable to reach a verdict after 13 days of deliberations. In December 2007 Lenard declared an initial mistrial when the jury was deadlocked after nine days of deliberations. A seventh man was acquitted in that proceeding./ppThe seven were indicted last year on charges of conspiring to provide material support to al Qaeda; conspiring to provide material support, training, and resources to terrorists; conspiring to maliciously damage and destroy by means of an explosive; and conspiring to levy war against the government of the United States. The indictment alleged that ringleader Narseal Batiste recruited the six other defendants to organize and train for a mission to wage war against the United States government, and that they pledged an oath to al Qaeda in an attempt to secure financial and logistical backing. Lawyers for some of the men said that their clients were entrapped by an FBI informant posing as an al Qaeda operative. If the men had been convicted, they would have faced up to 70 years in prison./p |
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