Cosmetic Class Action Settlement

Did you buy any cosmetics during the period of May 29, 1994 through July 16, 2003? If you did, you may be eligible to receive free products. As part of a class action settlement, $175 million worth of free cosmetics products will be distributed to people who are eligible (check website for eligibility). It should begin sometime in January 2009 but it will only be while supplies last, on a first come, first served basis, and no rain checks will be issued. Go to the following website Cosmetic Settlement for the details.

Former Ill. Police Sergeant Found Guilty of 4 Rapes

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Yahoo files suit against lottery spammers

SUNNYVALE, Calif. Yahoo Inc. has filed a lawsuit against an unknown group of defendants it alleges tricked consumers into thinking they won a lottery or prize offered by the Internet company.

Yahoo filed the lawsuit on May 16 in U.S. District Court in New York City under federal trademark law, federal anti-spam law and other state laws.

In its court filing, Yahoo contends that the defendants masqueraded as the Internet company, sending out e-mails claiming recipients had won prizes ranging from a few thousand to a million dollars and instructing them to click on a link or forward personal information to a "Yahoo lottery coordinator" to get their prize.

At times, recipients were instructed to contact another party to arrange for the prize payment, Yahoo said in the filing, and this other party would charge them "hundreds of dollars in various processing and mailing charges in order to complete the payment process."

Yahoo noted in the filing that it does not offer any such prizes and has no connection with the group or the e-mails it sent.

Such "phishing" scams are meant to trick consumers into sharing financial information.

Although the defendants' identities are unknown, Yahoo thinks that information acquired during a discovery period from third-party e-mail service companies will lead to their identification.

"The unauthorized use of Yahoo's trademarks is misleading, fraudulent, and has actually confused, misled, and deceived the public," said Joe Siino, senior vice president of Yahoo global intellectual property and business strategy, in a statement on Tuesday.

Naked pilot, flight attendant arrested in woods

HARRISBURG, Pa. - An airline pilot was found hiding behind a shed wearing only flip-flops and a wristwatch as a nighttime romp in the woods with a flight attendant ended with both under arrest, police said.
Jeffrey Paul Bradford, 24, and Adrianna Grace Connor, 24, both employees of Pinnacle Airlines Inc., were at a diner on the outskirts of Harrisburg on Sunday night before they apparently decided to walk into the woods, police said.
They told the officer they wanted to go do it in the woods, essentially," said Lower Swatara Township police Sgt. Richard Brandt. "That's the best answer they had."
The two somehow became separated, and people who live in the neighborhood summoned police around 9:30 p.m., saying they had seen a naked man and an intoxicated woman.
A helicopter with heat-seeking equipment was called in, and Bradford was discovered hiding behind a shed shortly before midnight.
Bradford, of Pittsburgh, was charged with indecent exposure, public drunkenness and other offenses. Connor, of Belleville, Mich., was charged with theft from a motor vehicle, public drunkenness and other offenses; police said she took a flashlight from a neighbor's vehicle.
A spokesman for the Memphis, Tenn., airline said the two were suspended while the company investigates.

Man accused of handing pot to court security

CLEVELAND, Tenn. - A man was arrested after pulling marijuana from his pocket at a security check at a court. The man was visiting the courts section of the Bradley County Justice Center on Monday when he was asked to empty his pockets into a plastic bowl, a standard procedure.
Sheriff Tim Gobble said the items he placed in the bowl included marijuana and rolling papers. When questioned, the man ran from the building, but officers captured him within minutes.
`The man faces charges of having contraband in a penal institution and evading arrest

N.Y. jury rejects lawsuit over rectal exam man didn’t want

NEW YORK - A hospital did nothing wrong when it tried to examine the rectum of a construction worker who had been hit on the head by a falling wooden beam, a jury found Monday.
After deliberating for about an hour, a state Supreme Court jury awarded nothing to Brian Persaud, who sued New York-Presbyterian Hospital for unspecified damages. The panel found the hospital and its emergency room medical staff were not liable.

Persaud's lawyers, Gerard Marrone and Gary DeFilippo, said he might appeal.
"We're very disappointed," Marrone said after the two-week trial. "It's a miscarriage of justice."
The hospital's lawyer, Jeffrey Lawton, declined comment.
Marrone said Persaud, 38, was injured while working at a construction site in midtown Manhattan on May 20, 2003. Persaud received eight stitches for a cut over his eyebrow at the hospital, but denied emergency room staffers' request to examine his rectum, the lawyer said. He said doctors told Persaud the exam could help determine whether the accident caused spinal damage.
When Persaud resisted, staffers held him down while he begged, "Please don't do that," Marrone said. Persaud hit a doctor while flailing around, so the staffers gave him a powerful sedative and performed the rectal exam, he said.
Hospital witnesses testified at trial that the exam was never completed, but Marrone said that when Persaud woke up he was handcuffed to a bed and had an oxygen tube down his throat and lubricant in his rectum.
"He resisted because he didn't know what they were doing," DeFilippo said. "Once he said he didn't want the rectal exam, everything should have stopped."
DeFilippo said he believes the rectal exam was done as retaliation because his panicked client hit the doctor.
A judge dismissed a misdemeanor assault charge that was filed against Persaud because he hit the doctor.
DeFilippo said his client is unemployed and has been unable to hold a job since the accident.

Racing in Womens High Heels Trips Man on Workers Comp

HARTFORD, Conn. - Prosecutors say a video shows a Connecticut correction officer running a 40-yard-dash in women's clothing and high heels - at a time he had claimed he was too injured to work.
Garrett A. Dalton of Naugatuck has been charged with workers compensation fraud. He's accused of taking part in a radio station's contest for Hannah Montana concert tickets last year. Not only did he have to dress in drag but he had to carry an egg on a spoon.

Authorities were alerted after someone saw Dalton in a TV news report. Prosecutors say the 41-year-old collected more than $5,000 in workers' compensation after he reported a work-related injury in June.
Court documents do not list an attorney for Dalton, and his phone number is unlisted. And no, he didn't win the contest.

Duke Lacrosse Players File Lawsuit in U.S. District Court

The players accuse Duke of ignoring, suppressing and discrediting evidence that proved the players innocence, with idly standing by while the players suffered abuse and harassment on campus, and with imposing discipline that implied the team was guilty. Duke suspended and then canceled the highly ranked team's season in the wake of the rape allegation.
Duke spokesman Keith Lawrence declined to comment until the university had time to review the lawsuit. Durham interim City Attorney Karen Sindelar did not immediately return a phone call seeking comment Thursday.
Former Durham County District Attorney Mike Nifong won indictments against Dave Evans, Collin Finnerty and Reade Seligmann after a woman accused them of raping her at a team party in March 2006. The case unraveled amid the woman's changing story and lack of evidence.
The three players were later declared innocent and also have sued the former prosecutor, the City of Durham and the police detectives who handled the case. They reached an undisclosed financial settlement with the university in June.
Nifong was disbarred and spent a night in jail for his handling of the case. Cooper said he is not named in the lawsuit because of his pending declaration of bankruptcy. Nifong is claiming more than $180 million in liabilities, almost all tied to the prospect of losing two other lawsuits stemming from the rape case.
Three other players filed a lawsuit last year, accusing the school, Nifong and numerous others of a conspiracy that inflicted emotional distress.


source:Findlaw

Teacher Arrested for Blog Comment

MADISON, Wis. -- Bloggers and free speech advocates are calling on prosecutors not to file charges against a teacher arrested for allegedly posting an anonymous comment online praising the Columbine shooters. Some were disturbed by the post police say the teacher left on a conservative blog, but other observers said it was a sarcastic attempt to discredit critics of education spending. The suburban Milwaukee high school chemistry teacher was arrested last week for the Nov. 16 comment left on a blog on Wisconsin politics. The comment, left under the name "Observer," came during a discussion over teacher salaries after some commenters complained teachers were under worked and overpaid. He allegedly wrote that teacher salaries made him sick because they are lazy and work only five hours a day. He praised the teen gunmen who killed 12 students and a teacher before committing suicide in the April 1999 attack at Columbine High School

."They knew how to deal with the overpaid teacher union thugs. One shot at a time!" he wrote, adding they should be remembered as heroes.

. The comment disturbed at least one teacher, who called police in West Bend, 40 miles north of Milwaukee and home of the blog's administrator Police traveled to arrest the teacher at his home, last week after the blogger gave them the anonymous poster's IP address. He was released on $350.00 bail.

The Washington County District Attorney is considering whether to charge the teacher with disorderly conduct and unlawful use of computerized communication systems.

Source: R.Foley, AP

Legal Note

Although spouse claiming permanent alimony must show he or she was not at fault in breakup of marriage, that spouse need not be totally blameless in marital discord.
Wagner v. Wagner, 686 So.2d 946 (1997)
"Source: West Law"