Tort Report

Women sues Victoria Secret for "defective" panties

Can you say, 'Frivolous lawsuit!", or better yet, “Scumbag low-life attorney.”

Milk's favorite cookie under attack!

In May 2003, Stephen Joseph of San Francisco sued Kraft foods for putting trans-fat in their Oreo cookies. Joseph wanted an injunction to order Kraft to stop selling Oreos to children. Once the media caught wind of Joseph’s lawsuit, the media blitz became too much for him to handle. He decided to drop the suit.

What a Jack Ass. . . . Really!

A Montana man has sued media giant Viacom, saying the MTV show "Jackass" plagiarized his name, infringed on the trademark and copyright o his name and defamed his good character.

The plaintiff's name is Jack Ass. That's right, that is now his legal name. He changed his name from Bob Craft to Jack Ass in 1997, he says, in order to raise awareness about the dangers of drunken driving.

"Jackass," which premiered on MTV in 2000, features a group of guys performing ludicrous and sometimes dangerous stunts. It was made into a movie in 2002.

In the suit against Viacom, which owns MTV, Jack Ass claims the conglomerate "is liable for injury to my reputation that I have built and defamation of my character which I have worked so hard to create."

This Jack Ass, not to be confused with the TV version, says he changed his name after his brother and a friend were killed in a single-vehicle car accident several years ago. He now works to promote responsible choices and designated-driver programs.

He claims that "Jackass" committed "trademark and copyright infringement on my legal name" and on a cartoon character, called Andi Ass, that he created to help spread his message.

The Jack Ass wanted at least $10 million in damages.

Beware - Topless Bar Ahead

In 1996, Florida physical therapist Paul Shimkonis sued his local nudie bar claiming whiplash from a lap dancer’s large breasts. Shimkonis felt he suffered physical harm and mental anguish from the breasts, which he claimed felt like “cement blocks” hitting him. Shimkonis sought justice in the amount of $15,000, which was denied.

Best Buy Sued for $54M Over Lost Laptop

MINNEAPOLIS —  A woman is suing Best Buy for $54 million because she claims the consumer electronics retailer lost her laptop while it was in for repairs and tried to cover up its disappearance.

"It's a ridiculous number," admitted Raelyn Campbell, 37, of the $54 million figure. "I had to come up with a number that was significant enough that might force them to pay attention to me."

In her lawsuit filed Nov. 16 in Washington Superior Court, Campbell also claims the Richfield-based company failed to immediately notify her of the possibility of identity theft. She wants Best Buy Co. Inc. to change its practices and ensure customer privacy protection in the future. She is seeking punitive damages, plus the cost of her computer and expenses for identity theft protection.

Read full story [Fox News]

Ski-suit plaintiff seeks gag order

An attorney for a man suing an 8-year-old boy for injuring him in a ski accident at Beaver Creek asked a Denver federal judge on Tuesday to impose a gag order on the child's parents.

"The defendant's media disclosures have created such substantial negative media coverage concerning the plaintiffs and their claims that the plaintiffs will be unable to have a fair trial," says a motion filed by David J. Pfahler's attorneys.

Pfahler, 60, of Pennsylvania sued Scott Swimm in September seeking compensation for physical therapy and other expenses stemming from the accident in January.

Read full story [Denver Post]

Lakefront Brewery Target Of Unlikely Lawsuit

MILWAUKEE - Just days after a Washington D.C. judge lost his job following the loss of a $54 million lawsuit over a pair of missing pants, a Milwaukee business is being sued in what legal observers describe as an equally frivolous case.

A Florida man, Olester Duncan, has named a handful of breweries including Milwaukee’s Lakefront Brewery seeking damages after he got knocked in the head with a can of Schlitz Malt Liquor.

Duncan claims he was reaching for a four-pack of the brew at an Albertson’s grocery store in Ocala, Florida, when one can came loose and hit him in the skull.

Although Lakefront Brewery is named as a defendant, there is no explanation in court documents why Mr. Duncan believes Lakefront is responsible.

“I don’t know what his injuries were,” said Lakefront’s attorney, Don Demet. “But maybe he got hit in the head and there were injuries to his thought process or something.”

TODAY’S TMJ4 placed numerous calls to Mr. Duncan’s attorney, Dennis L. Finch, but none of those calls was returned.

Read full story [todaystmj4.com]

Drunken driver sues Tempe police after crash

Given the state’s tough DUI laws, many drivers would be happy if police cut them a break, let them off the hook and sent them home for the night. But 21-year-old Korie Hoke isn’t one of them.

Hoke filed a lawsuit last week against Tempe and its police department, claiming her drunken-driving collision and resulting injuries could have been prevented if not for police negligence.

Hoke left a New Year’s Eve party on Dec. 31 intoxicated and distraught after an argument left her fearing for her safety, according to the suit filed in Maricopa County Superior Court.

Hoke called Tempe police from the party after she found her boyfriend cheating on her.

She told police dispatchers that her boyfriend, the other woman and friends were following her, and she feared for her safety.

Officer Lateef Hampton arrived on the scene just after 3 a.m. to find Hoke hysterical and sitting in the driver’s seat of the car, crying and talking on her cell phone, according to a taped interview that Hampton gave to one of Hoke’s attorneys in March.

The tape was released by the Tempe Police Department.

Hampton said he found several people surrounding the car and trying to get Hoke to open the door, which she refused to do, even for the officer.

Hampton said he eventually persuaded her to open the door.

Hoke admitted to drinking, and others at the party said most guests had been drinking. Hampton said he cited her for underage drinking because she was 20 at the time but did not conduct field sobriety tests or otherwise try to determine her blood-alcohol content.

He said he didn’t think she would be driving because both the boyfriend and Hoke told him the boyfriend took her keys. The boyfriend left soon after Hampton arrived.

Hampton said he tried to make sure Hoke didn’t have any keys.

He had her empty her purse, and he searched the seats and other areas of the car and couldn’t find any keys.

“Obviously, my main concern was for her driving — her level of intoxication. So I wanted to make sure she didn’t have those keys anywhere on her,” Hampton said.

She called her parents to pick her up, and Hampton said he also spoke to her parents, who assured him they would be right there.

Read full story [East Valley Tribune]

Three Strikes for Judge Fancy Pants

First he lost his pants, then his frivolous lawsuit. Now Administrative Court Judge Roy L. Pearson Jr. has lost his job. Pearson was booted this week from his $100,000 job and asked to clear out of his office by the end of business, Tuesday.

This story's coverage was subterranean compared to the international notoriety of the $54 plus million lawsuit he filed against a Washington D.C. area dry cleaner. Pearson lost that lawsuit while the Korean couple closed their business.  His appeal is now pending, his job is not.

Was the lawsuit linked to Judge Pearson’s dismissal? Apparently the 57-year-old Pearsons' two year job ended last May, right around the time of all of the adverse publicity. At that time he retained a job working as an attorney adviser.   

Judge Pearson was under consideration for a longer 10-year term, but a judicial committee voted against him.

Read full story [injuryboard.com]