It might be more accurate to identify the protagonist in this little tale as a class action law firm, rather than as a California “fan”:
Fred Weiss is the only plaintiff named in the class-action suit. In it, he claims he suffered “actual harm” because he was “subjected to the aggravation that necessarily accompanies the invasion of privacy caused by unsolicited text message calls, but also because consumers have to pay their cell phone service providers for the receipt of such wireless calls.” Weiss is bringing the suit under a federal law that prohibits unsolicited texts. …
The terms and conditions of the text program said the Pens would send no more than three messages per week for those who chose to subscribe. In his first week as a subscriber, Weiss claims the Pens sent him five texts. In the second week, Weiss says he got four.
“A retired semi-professional footballer who claims his faith ruined his chances of playing for Manchester United is suing the Baptist Church for £10 million.” Arquimedes Nganga “quit the sport aged 25 when he converted to the Baptist faith. He said: ‘I could definitely have had a long career in the Premiership’” had he not given it up. [Evening Standard]
The trademark case between artist Daniel Moore and the University of Alabama, over his paintings of Crimson Tide athletics without permission from the university’s licensing operation, has reached the Eleventh Circuit. [Ben Flanagan, Al.com; earlier]
“…starts with liability suits.” As concussion suits mount, will broadcast networks and high school referees need to worry about being named as defendants along with team franchises, schools, helmet manufacturers and other more obvious defendants? [Tyler Cowen and Kevin Grier, Grantland, via Ilya Somin] More: Miller (“I think these cases are going nowhere.”)
It’s being pursued by the obscure nonprofit African Diaspora Maritime Corp. from landlocked Raleigh, North Carolina, with help from major law firm McDermott Will & Emery. Ellison himself has pursued extensive litigation over the yachting event. [News & Observer]
“Former National Basketball Association player Cuttino Mobley sued Madison Square Garden LP, parent of the New York Knicks, alleging that the team discriminated against him based on what it perceived to be a disability.
Mobley, who hasn’t played since the 2008-09 season, says the Knicks ended his career by having him declared medically ineligible to play because of a heart ailment, according to the complaint filed today in U.S. District Court in Manhattan.” [Bloomberg, NY Post]
A spokeswoman for the baseball team said there was “no proof” of the woman’s claim. “This is a wonderful country,” said [Alice] McGillion, “where anybody can sue for anything, even when the allegations are over 70 years old.” [NY Post] More: Unbeige (on possible evidence for claim).
“Raging Bitch”: Frederick (Md.) brewery says its beer label is a First Amendment issue [Frederick News-Post]
UK soccer: Sunderland fan sues club after being hit by stray Djibril Cissé shot [Guardian]
DirectBuy: “When 36 AGs Object to Your Class Action Settlement, That’s Not a Good Sign” [Karlsgodt] “Court reduces fees after CCAF objection to HP settlement” [Ted Frank] Russell Jackson on ink-cartridge settlements;
Claim: business investment isn’t really much impaired by regulatory uncertainty [Lardner]
Update: “Righthaven drops suit against mildly autistic hobby blogger” [Romenesko, earlier] And it sues, then drops suit against, writer based on his article about one of its suits [ArsTechnica, PaidContent]
Litigation rates similar for poor and good nursing homes, researchers find [US News] Effects of medical liability reform in Texas [White Coat, scroll] New York’s Cuomo caves on medical liability plan [Heritage] Sued if you do, sued if you don’t in the emergency room [same]
A new Department of Education Title IX settlement casts a shadow on their fundraising efforts, reports the College Sports Council: “When they talk about ‘adverse’ effects, what they really mean is that boys sports have an easier time raising money from boosters than girls sports.”
“A Chicago area teen claims in a lawsuit that her high school violated the Americans with Disabilities Act when it barred her from playing basketball with the help of her service dog.” The president of Special Olympics Illinois, which sponsors the team that turned down Jenny Youngwith’s request, “said the group has to make decisions based on the safety of all the athletes.” [ABA Journal]
“A Louisville police detective testified Monday that she was surprised to see television reporters outside the police station when Karen Sypher arrived to file a rape report last year against University of Louisville basketball coach Rick Pitino.” [USA Today, more] A year ago Sypher’s lawyer wrote Pitino a letter demanding $10 million on threat of suit. Sypher is now on trial for alleged extortion and her then lawyer has given testimony for the prosecution. [ABA Journal]
By reader acclaim: “Two sets of parents are suing the Greater Toronto Hockey League, one of its clubs and four coaches for $25,000 each because their sons were cut by the Avalanche Minor Sports Club midget junior A team during tryouts in April.” One father claims the defendants’ conduct “destroyed the dignity” of his son and caused him to suffer “irreparable psychological damage.” [Toronto Star]
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