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Wednesday, July 25 2018 |
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A Washington State judge who sued his neighbor because her cat used his back porch as a litter box allegedly persuaded another judge to seal the legal matter so it wouldn't be public.
According to news reports, Spokane County Superior Court Judge Michael Price sought a restraining order against his neighbor, Jennifer Tanaka-Fees, after the parties could not amicably resolve the cat dispute. Price claimed the cat urine smell left his back porch uninhabitable.
Eventually the case was settled, and, shortly thereafter, the file was sealed by Patrick Monasmith, a visiting judge from Stevens County.
Now, UCLA Law Professor Eugene Volokh, who claims there is no justification for the sealing, is seeking to have the case unsealed, stating that it violates the 1st Amendment and state law requiring that justice be administered openly. "The public has the right to see what's in this file," Volokh said.
Price's attorney has said he thought the cat dispute was "silly" but that the sealing was intended to protect Price's identity and home address.
"I don't know what we'll find if the file is unsealed," Volokh said. "It may be something bland and banal, or it may be something significant. Either way, it should be public."
In 2005, Price was successful in having his divorce case sealed, records show. Price said it was done as a manner of personal protection.
—Source: LATimes.com |
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Wednesday, July 18 2018 |
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A New Jersey high school baseball player is suing his coach after being told to slide into third base.
Jake Maser claims his coach, John Suk, made him slide on a triple to deep left-centerfield, causing his cleats to dig into the dirt and roll his ankle. Maser, who ultimately had surgery, alleges in his lawsuit that his coach was "reckless" in having him slide during a JV game and that the coach and school district "negligently" and "carelessly" supervised the game.
Superior Court Judge Yolanda Ciccone dismissed the lawsuit on grounds that Maser had not proven that the coach had been negligent; Maser appealed. The case has since been remanded back by the appellate court to the lower court on grounds that Ciccone "never analyzed whether (Maser) presented facts in support of his claim that (Suk's and the board's) conduct was reckless."
Will the case goes into extra innings?
—Source: mycentraljersey.com |
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Wednesday, July 11 2018 |
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A judge in New York has recently sided with the parents of a thirty-year-old man and ordered him to move out of the family's home.
According to news reports, Christina and Mark Rotondo asked their son Michael on five different occasions to move out of their home, each time giving him several weeks to vacate. One such notice read, "After a discussion with your Mother, we have decided you must leave this house immediately. You have 14 days to vacate. You will not be allowed to return. We will take whatever actions are necessary to enforce this decision."
The written notices, which even included offers of cash and help finding a new home, were ignored. Frustrated, the Rotondos filed for an ejectment proceeding. Michael countered with a request for the court to dismiss the case, claiming that for the past eight years he "has never been expected to contribute to household expenses, or assisted with chores and the maintenance of the premises, and claims that this is simply a component of his living agreement."
Michael further contends New York case law requires a six-month notice to quit before a tenant can be removed through ejection action. New York State Supreme Court Judge Donald Greenwood disagreed, granting the order for eviction and noting, "I think the notice is sufficient."
"I'm getting together the means to [leave]," Michael said. "With my parents, they want me out right away, and they're not really interested in providing reasonable time, and the court is siding with them, as it seems."
After the court hearing, Rotondo told reporters he plans to appeal the case and finds the ruling "ridiculous." He said he expects to be able to leave within three months, which "ironically" would be six months from the first notice in February.
—Source: CNN.com |
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Monday, July 02 2018 |
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The makers of a banana costume are suing a former distributor, claiming the company is stealing its banana design.
Rasta Imposta, a New Jersey Halloween costume company, is suing Kangaroo Manufacturing Inc. of Arizona after Kangaroo started selling a costume of similar color and design to Rasta's banana costume.
According to news reports, U.S. District Judge Noel Hillman agreed, observing similarities in the "soft, smooth, almost shiny look and feel" and the "golden yellow and uniform color that appears distinct from the more muted inconsistent tones of a natural banana." In his 35 page opinion, Judge Hillman went on to note that bananas can "appear ripe, overripe, or unripe, ranging in color from yellow, to brown, to green. The shape can be long or more stout, relatively elongated or thin or more plump. The banana may be whole or partially peeled."
Kangaroo maintains that "[t]here is nothing original about making a banana yellow or the ends...black, as this is exactly how a ripe banana appears in nature."
—Source: nj1015.com |
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Wednesday, June 27 2018 |
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A Virginia man is suing the Fairfax County Police Department and a lifeguard for saving his life after they pulled him out of the water.
According to news reports, Mateusz Fijalkowski allegedly suffered a bipolar episode and tried to drown himself in a pool. Fijalkowski, who was underwater for more than two minutes before a lifeguard jumped in to save him, claims eight police officers stood by and watched. The officers claim to have acted appropriately to save Fijalkowski and protect themselves and the lifeguard from a disturbed person.
Fijalkowski, who has since been diagnosed with bipolar disease, is seeking more than $100,000 for medical bills and says he had never suffered any mental health episodes before the near drowning.
—Source: washingtontimes.com |
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