RAW RANKED SITES ABOUT
#LATEST ACTION RACING

The most comprehensive list of latest action racing websites last updated on Nov 1 2019.
Stats collected from various trackers included with free apps.
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Delivery from Heart Galleries, red passion, Limited Edition Print by Anna Razumovskaya, Free UK Delivery from Heart Galleries, marilyn''s dream, Limited Edition Print by Anna Razumovskaya, Free UK Delivery from Heart Galleries, the performance, Limited Edition Print by Anna Razumovskaya, Free UK Delivery from Heart Galleries, white swan, Limited Edition Print by Anna Razumovskaya, Free UK Delivery from Heart Galleries, charming gaze, Limited Edition Print by Anna Razumovskaya, Free UK Delivery from Heart Galleries, modern venus, Limited Edition Print by Anna Razumovskaya, Free UK Delivery from Heart Galleries, scent of a woman, Limited Edition Print by Anna Razumovskaya, Free UK Delivery from Heart Galleries, dancers, ballerinas, ballerina, Dog tired, dog tired by stephen hanson, dog tired stephen hanson, stephen hanson dog tired, bath time, bath time by stephen hanson, bathtime stephen hanson, stephen hanson bath time, ball pool, ball pool by stephen hanson, ball pool stephen hanson, stephen hanson ball pool, In an instant by richard rowan, richard rowan in an instant, never turn back by richard rowan, richard rowan never turn back, Shock to the system by richard rowan, richard rowan shock to the system, black and white thundery sky on glass, thunder storm on a sunset printed on glass, Summer 2018 doug hyde, hand in hand bronze sculpture by doug hyde, doug hyde bronze hand in hand, finding the one by doug hyde, doug hyde finding the one, best friends forever by doug hyde, doug hyde best friends forever, the good the bad the lovely by doug hyde, doug hyde the good the bad the lovely, catch a falling star sculpture by doug hyde, catch a falling star print by doug hyde, doug hyde catch a falling star sculpture doug hyde, catch a falling star print, together again by doug hyde, doug hyde together again, my sunshine by doug hyde, doug hyde my sunshine, the faces of love by doug hyde, doug hyde the faces of love, the message of love by doug hyde, doug hyde the message of love, sweethearts by doug hyde, doug hyde sweethearts, the box of love by doug hyde, doug hyde the box of love, collectors box with prints and sculpture by doug hyde, The Sound of Silence Philip Gray, Forest of Light Philip Gray, Into the Blue Philip Gray, Radiant Harbour Philip Gray, Quiet Contemplation Philip Gray, Moonlight Bay Philip Gray, Philip Gray The Sound of Silence, Philip Gray Forest of Light, Philip Gray Into the Blue, Philip Gray Radiant Harbour, Philip Gray Quiet Contemplation, Philip Gray Moonlight Bay, The Sound of Silence by Philip Gray, Forest of Light by Philip Gray, Into the Blue by Philip Gray, Radiant Harbour by Philip Gray, Quiet Contemplation by Philip Gray, Moonlight Bay by Philip Gray,The festival collection by jennifer hogwood, summer 2018 jennifer hogwood, McOwl andThe Sound of Silence Philip Gray, Forest of Light Philip Gray, Into the Blue Philip Gray, Radiant Harbour Philip Gray, Quiet Contemplation Philip Gray, Moonlight Bay Philip Gray, Philip Gray The Sound of Silence, Philip Gray Forest of Light, Philip Gray Into the Blue, Philip Gray Radiant Harbour, Philip Gray Quiet Contemplation, Philip Gray Moonlight Bay, The Sound of Silence by Philip Gray, Forest of Light by Philip Gray, Into the Blue by Philip Gray, Radiant Harbour by Philip Gray, Quiet Contemplation by Philip Gray, Moonlight Bay by Philip Gray, Our Destiny, limited editon by Philip Gray, Our memories, limited edition by philip gray, art by philip gray, free uk delivery from heart galleries, tranquil memories I by philip gray, tranquil memories II by philip gray, tranqil memories II, limited edition by philip gray, tranquil memoires I, limited edition by philip gray, entwined with nature, limited edition by philip gray, eternal tide, limited edition by philip gray, memories by philip gray, moments forever, limited edition by philip gray, timeless shore, limited edition by philip gray, artistic adventures a book by philip gray, artistic adventures book moo by jennifer hogwood, jennifer hogwood mcowl and moo, heartfelt by jennifer hogwood, jennifer hogwood heartfelt, twitter friends by jennifer hogwood, jennifer hogwood twitter friends, oopsie daisie by jennifer hogwood, jennifer hogwood oopsie daisies, Waiting for the romance to come back, waiting for the romance to come back I by fabian perez, waiting for the romance to come back i fabian perez, fabian perez waiting for the romance to come back 1, waiting for the romance to come back lucy, waiting for the romance to come back lucy by fabian perez, waiting for the romance to come back fabian perez, fabian perez waiting for the romance to come back, Castles, St. Ives Beach Tom Butler, Tom Butler Castles, Castles St. Ives Beach, St ive''s beach by tom butler, Low tide, St. Ives, low tide, st ives tom butler, tom butler low tide, st ives, low tide st. ives, low tide st ives tom butler, reflections sennen cove, reflections sennen cove by tom butler, tom butler reflections sennen cove, sennen cove boats, sennen cove boats by tom butler, tom butler sennen cove boats, sennen cove boats, dream maker, Dream Maker by Kealey Farmer, dream maker kealey farmer, kealey farmer dream maker, dare to dream, dare to dream by kealey farmer, dare to dream kealey farmer, kealey farmer dare to dream, believe, believe by kealey farmer, believe kealey farmer, kealey farmer believe, Golden years, golden years collection by Craig Davison, Golden years Crag Davison, Bad to the bone, bad to the bone by craig davison, bad to the bone bounty hunters star wars, bad to the bone craig davison, craig davison bad to the bone, In the pink, in the pink craig davison, in the pink the pink ladies grease, in the pink craig davison, craig davison in the pink, Let the children boogie, let the children boogie by craig davison, let the children boogie, bowie punk couple, let the children boogie craig davison, craig davison let the children boogie, Practically perfect in every way, Practically perfect in every way by craig davison, Practically perfect in every way, mary poppins, Practically perfect in every way craig davison, craig davison Practically perfect in every way, Princess laura, princess laura by craig davison, princess laura, princess leia star wars, princess laura craig davison, craig davison princess laura, Web head, web head by craig davison, web head, spider-man I, web head craig davison, craig davison web head, Hell Yeah, Hell Yeah by Craig Davison, Hell Yeah, Hell Boy, Hell Yeah craig davison, craig davison hell yeah, web designer, web designer by craig davison, web designer spider-man II, web designer craig davison, craig davison web designer, August 2017 releases from craig davison, Breath of the wild by kerry darlington, kerry darlington breath of the wild, new kerry darlington, kerry darlington greens, kerry darlington fox and rabbit, spring 2018 kerry darlington, This life is what you make it by simon claridge, simon claridge this life is what you make it, she can conquer the world by simon claridge, simon claridge she can conquer the world, I''m good but I''m no angel by simon claridge, simon claridge I''m good but I''m no angel by simon claridge, Silk and diamond dust, bridget bardot diamond dust collection by simon claridge, J''Taime diamond dust bridget bardot, j''taime simon claridge, silk screen and diamond dust simon claridge, diamond dust, bridget bardot, love is my profession, la parisienne, and god created woman, bridget bardot diamonds, diamond dust simon clarigde, silk screen with diamond dust, bardot (ooh la la), Audrey (new york new york) norma jeane, Amy, hepburn diamond dust collection, marilyn diamond dust collection, penny black - pink, penny black - red, penny black - silver, penny black - yellow, monroe lisa - red, monroe lisa yellow, monroe lisa - blue, kate, moss - the diamond dust collection, tickled pink, pink, pretty in pink, for your eyes only, only for you, enamor, allure, enthrall, La Parisenne, And God created Woman, Love is my profession, Je T''aime, La Parisenne print by Simon Claridge, And God created Woman print by Simon Claridge, Love is my profession print by Simon Claridge, Je T''aime print by Simon Claridge, Barry Hilton Clouds Passing, new collection barry hilton, Shades of dawn by barry hilton, Barry hilton shades of dawn, shades of dusk by barry hilton, barry hilton shades of dusk, crimson fields of home by barry hilton, barry hilton crimson fields of home, green fields of home by barry hilton, barry hilton green fields of home, golden fields of home by barry hilton, barry hilton golden fields of home, Distant Dreams I by Barry Hilton, Distant Dreams One by Barry Hilton Distant Dreams 1 Barry Hilton, Distant Dreams Collection by Barry Hilton, Distant Dreams II Barry Hilton, Distant Dreams Two by Barry Hilton, Distant Dreams 2 by Barry Hilton, Distant Dreams III by Barry Hilton, Distant Dreams Three Barry Hilton, Distant Dreams 3 by Barry Hilton, Distant Dreams IV by Barry Hilton, Distant Dreams Four Barry Hilton, Distant Dreams 4 Barry Hilton, After the Storm By Barry Hilton, After The Storm, after the storm barry Hilton, Storm Barry Hilton, The Sound of Silence Barry Hilton. Sound of Silence Barry Hilton, First Light, Mist on the Thames, Golden World, Limited Edition by Barry Hilton, Indigo World, Limited Edition by Barry Hilton, Whispering Fields, Limited Edition by Barry Hilton, Cinnamon World, Limited Edition by Barry Hilton, Guiding Light, Limited Edition by Barry Hilton, Golden World, Limited Edition by Barry Hilton, Sunlight and Stormclouds, Limited Edition by Barry Hilton, Forest and Field, Limited Edition by Barry Hilton, Golden World, Limited Edition by Barry Hilton, Golden Landscape, Limited Edition by Barry Hilton, Umber Landscape, Limited Edition by Barry Hilton, Golden World, Limited Edition by Barry Hilton, Indigo Landscape, Golden World, Limited Edition by Barry Hilton, Textures of Gold, Limited Edition by Barry Hilton, Golden World, Limited Edition by Barry Hilton, Textures of Indigo, Limited Edition by Barry Hilton, The Gathering Storm, Limited Edition by Barry Hilton, Golden World, Limited Edition by Barry Hilton, The Gathering Storm, Limited Edition by Barry Hilton, The Brewing Storm, Limited Edition by Barry Hilton, The Distant Farmhouse, Limited Edition by Barry Hilton, The Lavender Field, Limited Edition by Barry Hilton, Evening Moods I, Limited Edition by Barry Hilton, Farmhouse Pathway, Limited Edition by Barry Hilton, Luscious Lavender, Limited Edition by Barry Hilton, On the edge of the woods, Limited Edition by Barry Hilton, purple haze, Limited Edition by Barry Hilton, Autumn Shower, Limited Edition by Barry Hilton, Mellow Yellow, Limited Edition by Barry Hilton, Strawberry Fields, Limited Edition by Barry Hilton - Free UK delivery from Heart Galleries, Double word score by mr kuu, mr kuu scrabble, mr kuu double word score, first dance by mr kuu, mr kuu first dance, mr kuu record, mr kuu vinly dancers, check mate by mr kuu, mr kuu check mate, chess mr kuu, mr kuu 2018, mr kuu heart galleries, Try try again by Mr. Kuu, is there life on mars by mr. kuu, You''re ace by Mr. Kuu, try try again, is there life on mars, you''re ace, High on love, limited edition print by Mr Kuu, match of the day, in the groove if at first you don''t succeed, free UK Delivery from Heart Galleries, A & Bee, Have I told you Lately, Chalk & Cheese, Chalk and Cheese, A Groovy Kind of Love, Big Love, You Make your own luck, Lions call by david rees, david rees lions call, cotton tail by david rees, david rees cotton tail, Snuggle up its fresian cold by caroline shotton, caroline shotton snuggle up its fresian cold! hit the hay its pasture bedtime by caroline shotton, caroline shotton hit the hay its pasture your bedtime, out to lunch, out to lunch by keith proctor, out to lunch keith proctor, keith proctor out to lunch, My Funny valentine, My Funny valentine by Keith Proctor, My Funny valentine keith proctor, keith proctor My Funny valentine, Thrills and Spills, Thrills & Spills, Thrills and Spills by Keith Proctor, Thrills and spills Keith proctor, keith proctor thrills and spills, thrills & spills, thrills & spills by keith proctor, thrills & spills keith proctor, keith proctor thrills & spills, cathedral of sea and sky I, cathedral of sea and sky II, cathedral of sea and sky I by alex echo, cathedral of sea and sky I alex echo, cathedral of sea and sky II by alex echo, cathedral of sea and sky II alex echo, cathedral of sea and sky II alex echo, cathedral of sea and sky I alex echo, cathedral of sea and sky II alex echo, alex echo cathedral of sea and sky I, alex echo cathedral of sea and sky II, the perfect afternoon, limited edition by alex echo, free UK delivery from heart galleries, omething borrowed, something borrowed by Bob Barker, something borrowed Bob Barker, bob barker something borrowed, Rose Matilda, rose matilda by bob barker, rose matilda bob barker, bob barker rose matilda, Happiness is by bob barker, happiness is bob barker, bob barker happiness is, three lions, three lions by bob barker, three lions bob barker, bob barker three lions, is this love bob barker, bob barker is this love, is this love bob barker, A Tale of two Citys Henderson Cisz, Twilight by henderson cisz, twilight henderson cisz, henderson cisz twilight, henderson cisz lamplight - south bank, henderson cisz lamplight south bank, lamplight south bank henderson cisz, lamplight south bank by henderson cisz, lamplight - south bank henderson cisz, lamplight henderson cisz, henderson cisz lamplight, Fire by Danielle o''connor Akiyama, Danielle oconnor akiyama fire, wind by danielle oconnor akiyama, danielle oconnor akiyama wind, earth by danielle oconnor akiyama, danielle akiyama earth, Earth wind and fire bu danielle oconnor akiyama, elements by danielle akaiyama 2018 akiyama, the journey by danielle oconnor akiyama, danielle oconnor akiyama the journey, Drift into a spellbinding new collection of limited editions from celebrated landscape artist, John Waterhouse. Beautifully lit, exquisitely composed and precisely executed, each inspirational piece invites us to step briefly out of our daily lives and escape into an idyllic world of calm and contemplation, Life is sweet by John Waterhouse, john waterhouse life is sweet, life is sweet john waterhouse, taking time by john waterhouse, taking time, taking time John waterhouse, john waterhouse taking time, taking flight by John Waterhouse, John Waterhouse taking flight, taking flight, good life by john waterhouse, john waterhouse good life, good life, good life john waterhouse, Ball Game by stephen hanson, stephen hanson ball game, ball game new elease from stephen hanson, greyhound man by stephen hanson, stephen hanson greyhound man, man in snow with greyhound, the greyhound man stephen hanson, new 2018 stephen hanson, Kerry Darlington the elixir of love, the elixir of love by kerry darlington, love kerry darlington, the elixir kerry darlington, 2018 kerry darlington, Gathering Love by Mackenzie Thorpe, Mackenzie thorpe gathering love, 2018 mackenzie, valentines 2018, hearts woods mackenzie thorpe, Far from ordinary by richard rowan, richard rowan far from ordinary, giclee on glass, image on glass richard rowan, higher and higher by richard rowan, richard rowan higher and higher, iceland''s secrets by richard rowan, richard rowan iceland''s secrets, iceland richard rowan, Memories awakened by richard rowan, richard rowan memories awakened, aurora borealis richard rowan, Valentines 2018, the colour of love by peter smith, Peter smith the colour of love, peter smith 2018, impossimals and balloons, valentines 2018 releases, Head over heels new valentines release, Master of Disguise by doug hyde, february 2018 releases, Head over Heels by doug hyde, doug hyde head over heels, catches thieves just like flies by doug hyde, doug hyde catches thieves just like flies sculpture, superhero sculptures, is it a bird? is it a plane? by doug hyde,doug hyde is it a bird, is it a plane, doug hyde is it a bird? is it a plane? it''s good to be bad by doug hyde, it''s good to be bad by doug hyde, doug hyde its good to be bad, doug hyde darth vader, doug hyde it''s good to be bad, catman and robin by doug hyde, doug hyde catman and robin, batmobile by doug hyde, action figure sculpture doug hyde, A Snowman''s story, a snowman''s story by paul horton, paul horton a snowman''s story, a snowman''s story paul horton, a snowman''s story by paul horton, that''s the way rebecca lardner, rebecca lardner that''s the way, that''s the way, that''s the way by rebecca lardner, over the sea I, over the sea, over the sea I rebecca Lardner, rebecca lardner ovr the sea I, rebecca lardner over the sea, over the sea II, over the sea II by rebecca lardner, rebecca lardner over the sea II,Whitehall flow by tom butler, whitehall flow, tom butler whitehall flow, sunbeams tower bridge by tom butler, sunbeams tower bridge, tom butler sunbeams tower bridge, taking manhatten by tom butler, tom butler taking manhatten, Summer 2017 Tom Butler, High Spirits by tom butler, tom butler high spirits, Subliminal messages by tom butler, tom butler subliminal messages, tom butler, artist, art by tom butler, limited editions by tom butler, free uk delivery from heart galleries, view from the tate, limited edition by tom butler, 5 o''clock shadows, limited edition by tom butler, murky monday, westminster bridge, limited edition by tom butler, westminster, limited edition by tom butler, pride of manhattan, limited edition by tom butler, boulevard boules, limited edition by tom butler, bobbing boats polperro by tom butler, catch of the day polperro by tom butler, wish you were here by tom butler, twilight panorama by tom butler, purple haze by tom butler, london sprawling by tom butler, to infinity and beyond by tom butler, Winter Palace, winter palace by Henderson Cisz, henderson cisz winter palace, winter palace henderson cisz, The seeds of love mackenzie thorpe, sculpture the seeds of love mackenzie thorpe, mackenzie thorpe the seeds of love, the seeds of love, the seeds of love sculpture, a load of love by mackenzie thorpe, a load of love, a load of love mackenzie thorpe, mackenzie thorpe a load of love, Ascot Race Day I by sherree valentine daines, ascot race day I, ascot race day, ascot race day sherree valentine daines, ascot race day II, ascot race day II by sherree valentine daines, sherree valentine daines ascot race day II, sherree valentine daines ascot race day, glamourous ladies, glamourous ladies by sherree valentine daines, sherree valntine daines glamours ladies, Proud to be a Man V, proud to be a man, proud to be a man by fabian perez, fabian perez proud to be a man, proud to be a man V fabian perez, November rain by fabian perez, fabian perez november rain, november rain, man at bar VII, man at bar by fabian perez, man at bar fabian perez, fabian perez, man at bar, man at bar VII fabian perez, Eugie and geo II by fabian perez, eugie and geo II fabian perez, fabian perez eugie and geo II,The Princess and the Pea, the princess and the pea Kerry darlington, the princess and the pea by kerry darlington, kerry darlington the princess and the pea, A tree of light by kerry darlington, kerry darlington a tree of light, blue tree kerry darlington, A mad tea party by kerry darlington, kerry darlington A mad tea party, the mad hatter and alice kerry darlington, The wonderful wizard of oz by Kerry Darlington, , Grizzly by Paul James, Paul James Grizzly, Grizzly Paul James, monty by paul james, puddle town, puddle town paul james, paul james puddle town, puddle town by paul james, stylish stan, stylish stan paul james, paul james stylish stan, stylish stan by paul james, Autumn 2017 by paul james, grizzly by paul james, paul james grizzly stylish stan by paul james, paul james stylish stan, Dirty Harry 1 by paul james, paul james dirty harry 1, dirty harry I , dirty harry II paul james,dirty harry 2 by paul james, dirty harry II by paul james, paul james dirty harry 2, paul james dirty harry II, monty by paul james, paul james monty, monty paul james, tagging Along, limited edition by Paul James, Crazy Dave, Limited Edition by Paul James, Free UK Delivery from Heart Galleries, Discerning Charlie, Limited Edition by Paul James, Free UK Delivery from Heart Galleries, Brown and Out, Limited Edition by Paul James, Free UK Delivery from Heart Galleries, Innocent, Limited Edition by Paul James, Free UK Delivery from Heart Galleries, Bouncer, Limited Edition by Paul James, Free UK Delivery from Heart Galleries, Bruiser, Limited Edition by Paul James, Free UK Delivery from Heart Galleries, Towny Tom, Limited Edition by Paul James, Free UK Delivery from Heart Galleries, Champagne Charlie, Limited Edition by Paul James, Free UK Delivery from Heart Galleries, Dotty, Limited Edition by Paul James, Free UK Delivery from Heart Galleries, Grand Master, Limited Edition by Paul James, Free UK Delivery from Heart Galleries, Dog End Street, Limited Edition by Paul James, Free UK Delivery from Heart Galleries, Angelina, Limited Edition by Paul James, Free UK Delivery from Heart Galleries, The Lads, Limited Edition by Paul James, Free UK Delivery from Heart Galleries, Cow Girls, Limited Edition by Paul James, Free UK Delivery from Heart Galleries, Just Charlie, Limited Edition by Paul James, Free UK Delivery from Heart Galleries, Hip Hop Harriet, Limited Edition by Paul James, Free UK Delivery from Heart Galleries, Kred Gordon, Limited Edition by Paul James, Free UK Delivery from Heart Galleries, Martha, Limited Edition by Paul James, Free UK Delivery from Heart Galleries, Zebra Crossing, Limited Edition by Paul James, Free UK Delivery from Heart Galleries, Dave, Limited Edition by Paul James, Free UK Delivery from Heart Galleries, Up The Swanee, Limited Edition by Paul James, Free UK Delivery from Heart Galleries, Spray it again Charlie, Limited Edition by Paul James, Free UK Delivery from Heart Galleries, Goldie, Limited Edition by Paul James, Free UK Delivery from Heart Galleries, Match of the day, match of the day paul horton, paul horton match of the day, the colour of love, the colour of love paul horton, paul horton the colour of love, when I''m with you, when I''m with you paul horton, paul horton when I''m with you, where time stands still, where time stands still paul horton, paul horton where time stands still, A world of love, a world of love by mackenzie thorpe, mackenzie thorpe a world of love, three times the love, three times the love by mackenzie thorpe, mackenzie thorpe three times the love, You light up my world by doug hyde, doug hyde you light up my world, you light up my world, new collection looking on the bright side by doug hyde, star sign, star sign by doug hyde, doug hyde star sign, spread your wings, spread your wings by doug hyde, doug hyde spread your wings, lollipop lollipop by doug hyde, doug hyde lollipop lollipop, lollipop lollipop, lollipop, lollipop, you''re my star, you''re my star by doug hyde, doug hyde you''re my star, small but mighty, small but mighty by doug hyde, doug hyde small but mighty, man''s best friend, man''s best friend by doug hyde, doug hyde man''s best friend, parisian chic, parisian chic by doug hyde, doug hyde parisian chic, west end girl, west end girl by doug hyde, doug hyde west end girl, westend girl, westend girl by doug hyde, doug hyd westend girl, top dog sculpture, fine and dandy sculpture, shabby chic sculpture, suited and booted sculpture, big spender sculpture, doug hyde sculpture, doug hyde sculpture top dog, doug hyde sculpture fine and dandy, doug hyde sculpture shabby chic, doug hyde sculpture suited and booted, big spender by doug hyde, doug hyde sculpture big spender, is this love bob barker, bob barker is this love, is this love bob barker, August 2017 from bob barker, warhorse by bob barker, bob barker warhorse, gonna be a bumpy ride by bob barker, bob barker gonna be a bumpy ride, is this love? by bob barker, is this love? bob barker, walk with me by bob barker, bob barker walk with me, clown prince of crime, doctor at large, doctor strange lasso of truth, man of tomorrow, skyward, swing into Action, clown prince of crime by nigel humphries, nigel humphries clown prince of crime, clown prince of crime nigel humphries, doctor at large by nigel humphries, doctor at large nigel humphries, nigel humphries doctor at large, doctor strange by nigel humphries, doctor strange nigel humphries, nigel humphries doctor strange, lasso of truth by nigel humphries, lasso of truth nigel humphries, nigel humphries lasso of truth, man of tomorrow by nigel hukphries, man of tomorrow nigel humphries, nigel humphries man of tomorrow, skyward by nigel humphries, skyward nigel humphries, nigel humphries skyward, swing into action by nigel humphries, swing into action nigel humphries, nigel humphries swing into action, superheroes 2017 nigel humphries, august 2017 nigel humphries, clown prince of crime by nigel humphries, nigel humphries clown prince of crime, doctor at large by nigel humphries, nigel humphries doctor at large, doctor strange by nigel humphries, nigel humphries doctor strange, lasso of truth by nigel humphries, nigel humphries lasso of truth, man of tomorrow by nigel humphries, nigel humphries man of tomorrow, skyward! by nigel humphries, nigel humphries skyward! nigel humphries swing into action, swing into action by nigel humphries, nigel humphries , Nigel Humphries, nigel humphries artist, nigel humphries limited editions, nigel humphries limited edition prints, art by nigel humphries, free UK delivery from Heart Galleries, artist nigel humphries, web slinger, web slinger by nigel humphries, web slinger nigel humphries, nigel humphries web slinger, hi puddin, hi puddin by nigel humphries, hi puddin nigel humphries, nigel humphries hi puddin, gotham calling, gotham calling by nigel humphries, gotham calling nigel humphries, nigel humphries gotham calling, Don''t make me angry, Don''t make me angry by nigel humphries, Don''t make me angry nigel humphries, nigel humphries Don''t make me angry, Warrior princess, Warrior princess by nigel humphries, Warrior princess nigel humphries, nigel humphries Warrior princess, Man of steel, Man of steel by nigel humphries, Man of steel nigel humphries, nigel humphries Man of steel, Suit Up, Suit Up by nigel humphries, Suit Up nigel humphries, nigel humphries Suit Up, Dead Cool, Dead Cool by nigel humphries, Dead Cool nigel humphries, nigel humphries Dead Cool, a hairy moment, a hairy moment by xue wang, a hair moment xue wang, xue wang a hairy moment, the night before christmas by xue wang, the night before christmas xue wang, xue wang the night before christmas, the head of the table, the head of the table by xue wang, they head of the table xue wang, xue wang the head of the table, midnight liaison by xue wang, midnight liaison by xue wang, xue wang midnight liaison, tender mercies, fleeting glance, seven years good luck, Straight No Gnashers, Limited Edition by Xue Wang, Free UK delivery from Heart Galleries, xue wang, straight no gnashers, limited edition by xue wang, a tight squeeze, limited edition by xue wang, bomb shell, limited edition by xue wang, check mate, limited edition by xue wang, I''m forever blowing bubbles, limited edition by xue wang, lollipop, limited edition by xue wang, narcissess, limited edition by xue wang, stretch fido, limited edition by xue wang, lowbrow, lowbrow art, pop surrealism, hollywood, hollywood icons, cinema, cinematic, vintage memorabilia, childhood unconscious, hitchcock, hitchcockian, period feel, studio lighting, shadowy, eerie, dolly birds, creepy, large eyes, big eyes, eyes, dolls, art movement, underground art movement, populist art movement, punk music, album art, xue wang art, art by xue wang, limited edition art by xue wang, xue wang artist, free UK delivery from heart galleries, Tender Mercies Xue Wang, Fleeting Glance Xue Wang, Seven Years Good Luck Xue Wang,harambe, harambe by robert Oxley, harambe robert oxley, robert oxley harambe, diplomat, diplomat by robert oxley, diplomat robert oxley, robert oxley diplomat, rathmanbore II, rathmanbore by robert oxley, rathmanbore II robert oxley, robert oxley rathmanbore II, rathmanbore, rathmanbore by robert oxley, Above the trees, above the trees by richard rowan, above the trees richard rowan, richard rowan above the trees, lucky strike, lucky strike by richard rowan, lucky strike richard rowan, richard rowan lucky strike, magic at midnight, magic at midnight by richard rowan, magic at midnight richard rowan, richard rowan magic at midnight, perfecting beauty, perfecting beauty by richard rowan, perfecting beauty richard rowan, richard rowan perfecting beauty, Feeling Gintastic, for those about to rock, there''s snow place like home, You''re screwballed, one size sits all, peter smith feeling gintastic, feeling gintastic by peter smith, peter smith for those about to rock, for those about to rock by peter smith, there''s snow place like home by peter smith, peter smith there,s snow place like home, you''re screwballed by peter smith, peter smith you''r screwballed, one size fits all by peter smith, one size fits all peter smith, peter smith one size fits all, autumn 2017, tree tops by paul corfield, paul corfield tree tops, tree tops, tree tops by paul corfield dawn by paul corfield, paul corfield dawn, dawn by paul corfield, the way home by paul corfield, paul corfield the way home, dusk by paul corfield, paul corfield dusk, sunrise over the village by paul corfield, paul corfield sunrise over the village, summer nights by paul corfield, paul corfield summer nights, the tree lined pathway, by paul corfield, paul corfield tree lined pathway, sunlight over the village by paul corfield, sunlight over the village paul corfield, above all by paul kenton, above all paul kenton, above all, august 2017 releases from paul kenton, monochrome by paul kenton, paul kenton monochrome, urban overlook by paul kenton, paul kenton urban overlook, last light by paul kenton, paul kenton last light,lovers stroll by jeff rowland, jeff rowland lovers stroll, our meeting place by jeff rowland, our meeting place, jeff rowland our meeting place, Love beneath the bridge by jeff rowland, jeff rowland love beneath the bridge, our meeting place by jeff rowland, jeff rowland our meeting place, August 2017 releases from craig davison, august 2017 craig davison, pesky kids! by craig davison, craig davison pesky kids!, pesky kids craig davison, scooby doo craig davison, x men craig davison, express yourself by craig davison, craig davison express yourself, like zoinks!! by craig davison, zoinks by craig davison, zoinks!! craig davison, craig davison like zoinks!! Heart Galleries are committed to offering only the highest quality Limited Edition prints, sculptures and original artwork by today''s leading artists, henderson cisz london by lamplight, henderson cisz, sacre coeur midnight, henderson cisz venice by night, henderson cisz after dark times square, henderson ciszwestminster morning, henderson cisz times square morning, mark spain caprice, mark spain bolero, mark spain fantasia, mark spain fiesta, Breakfast to go aaminah snowdon, you''ll grow into them aaminaqh snowdon, there''s always one, school''s out aaminah snowdon, aaminah snowdon art, aaminah snowdown artist, aamingah snowdon limited edition prints, aaminah snowdon prints, aaminah snowdon first day of school, aamimah snowdon en garde, aaminah snowdon jackpot!, aaminah snowdon mondays, aaminah snowdon my hero, aaminah snowdon on a mission, aaminah snowdon we''re late...again, the garden club aaminah snowdon, just hanging'' aaminah snowdon, Just Beecause aaminah snowdon, Huh? aaminah 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Smith, let them eat cake peter smith, Eat Cake Peter Smith, No Soggy Bottoms by Peter Smith, Soggy Bottoms Peter Smith, no soggy bottoms by peter smith, Soggy Bottoms Peter Smith, Rolling Scones By Peter Smith, Rolling Stones by Peter Smith, rolling scones by peter smith, Rolling Scones Peter Smith, You''re My Cup Of Tea By Pater Smith, my cup of tea p smith, Cup Of Tea Peter Smith, Donut Worry, be happy, by Peter Smith, Sweet dreams are made of this by Peter Smith, wine club, limited edition by Peter Smith, wine club by Peter Smith, you are fab, limited edition by Peter Smith, you are fab by Peter Smith, Your Love Lifts Me Higher, Limited Edition by Peter Smith, Free UK Delivery from Heart Galleries, I Scream, You Scream, We All Scream For Ice Cream, Limited Edition by Peter Smith, Free UK Delivery from Heart Galleries, A Balanced Diet, Limited Edition by Peter Smith, Free UK Delivery from Heart Galleries, Go Big Or Go Home, Limited Edition by Peter Smith, Free UK Delivery from Heart 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shine by carly ashdown, free uk delivery from heart galleries, the discovery carly ashdown, the discovery, carly ashdown the discovery, the tide carly ashdown, the tide, carly ashdown the tide, carly ashdown the discovery, the tide by carly ashdown, the discovery by carly ashdown, bring me sunshine in your smile, caroline shotton, such a perfect day, caroline shotton, summer breeze, caroline shotton, sunshine of your love, caroline shotton, calf vadar and chewie the cud, party animals, party animals by caroline shotton, bovine o''clock, stand by your man, king of the road, rawhide, Cattle Grid, limited edition by Caroline Shotton, M007, limited edition by Caroline Shotton, Harmony, Limited Edition by Caroline Shotton, Free UK Delivery from Heart Galleries, Devotion, Limited Edition by Caroline Shotton, Free UK Delivery from Heart Galleries, Trinity, Limited Edition by Caroline Shotton, Free UK Delivery from Heart Galleries, Heaven Scent, Limited Edition by Caroline Shotton, Free UK 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Shotton, Free UK Delivery from Heart Galleries, girls night out, Limited Edition by Caroline Shotton, Free UK Delivery from Heart Galleries, mini moo, Limited Edition by Caroline Shotton, Free UK Delivery from Heart Galleries, mini me, Limited Edition by Caroline Shotton, Free UK Delivery from Heart Galleries, cash cow, Limited Edition by Caroline Shotton, Free UK Delivery from Heart Galleries, beef dripping, Limited Edition by Caroline Shotton, Free UK Delivery from Heart Galleries, diamonds are for heifer, Limited Edition by Caroline Shotton, Free UK Delivery from Heart Galleries, moomite, Limited Edition by Caroline Shotton, Free UK Delivery from Heart Galleries, the moo, Limited Edition by Caroline Shotton, Free UK Delivery from Heart Galleries, wayne & bruno, Limited Edition by Caroline Shotton, Free UK Delivery from Heart Galleries tyrone, Limited Edition by Caroline Shotton, Free UK Delivery from Heart Galleries, the persistence of moomory, Limited Edition by Caroline Shotton, Free UK Delivery from Heart Galleries, cows, heifers, well here''s another fine mess you''ve got me into caroline shotton, well here''s another fine mess you''ve got me into, caroline shotton well here''s another fine mess you''ve got me into, well here''s another fine mess you''ve got me into by caroline shotton, ronnie & Reggie, ronnie and reggie, ronnie & reggie by caroline shotton, ronnie and reggie by caroline shotton, caroline shotton ronnie and reggie, caroline shotton ronnie & reggie, oliver caroline shotton, oliver, caroline shotton oliver, oliver by caroline shotton, emily moo, emily moo caroline shotton, emily moo by caroline shotton, caroline shotton emily moo, Reach for the sky Craig Davison, original prankster craig davison, days of wonder craig davison, bat leap craig davison, Timberlyne, limited edition by Craig Davison, Timberlyne, box canvas by Craig Davision, bronze sculpture by craig davision, bronze sculpture, timberlyne by craig davison, We''re All Mad Here, I''m Mad, You''re Mad, limited edition by Craig Davison, We''re All Mad Here, I''m Mad, You''re Mad box canvas by Craig Davison, Who are you?, limited edition by Craig Davison, It''s Always Tea Time, Limited edition by Craig Davison, Curiouser And Coriouser, limited edition by Craig Davison, Twinkle, Twinkle, Little Bat, limited edition by Craig Davison, Blast ''Em Chewy, limited edition by Craig Davison, Free UK Delivery from Heart Galleries, Hyperspace, limited edition by Craig Davison, Free UK Delivery from Heart Galleries, underestimate, limited edition by Craig Davison, Free UK Delivery from Heart Galleries, skye walker, limited edition by Craig Davison, Free UK Delivery from Heart Galleries, Craig Davison limited edition art, Craig Davison art, Craig Davison prints, Craig Davison pictures, Craig Davison artist, Craig Davison the magnificent seven, Craig Davison 5 vaders!...right we''re having 5 lukes!, Craig Davison 5 vaders, Craig Davison bmx-wings, Craig Davison keeee-ooo)h!, Craig 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kiss goodnight jeff rowland, a kiss goodnight, jeff lowland, We''re Almost There, Until The Last Minute, We Kissed in the Rain, Jeff Rowland art, art by Jeff Rowland, free uk delivery from heart galleries, forever Autumn, limited edition by jeff rowland, I''ve missed you, limited edition by Jeff Rowland, you kept me warm, limited edition by Jeff Rowland, warm and glowing, limited edition by Jeff Rowland, it must be the moonlight, limited edition by Jeff Rowland, dance between the raindrops, limited edition by Jeff Rowland, blue moon, limited edition by Jeff Rowland, and then you kissed me, limited edition by Jeff Rowland, A fine romance, limited edition by Jeff Rowland, a lovers stroll, limited edition by Jeff Rowland, April in Paris, limited edition by Jeff Rowland, Boulevard Embrace, limited edition by Jeff Rowland, free uk delivery from heart galleries, a winters sun, limited edition by Jeff Rowland, a winter''s sun, limited edition by jeff rowland, at the end of the Avenue, limited edition by Jeff Rowland, we meet at the same place, limited edition by jeff rowland, autumn romance, limited edition by jeff rowland, jeff rowland crazy for you, crazy for you, crazy for you by jeff rowland, I can hear your heart beat, I can hear your heart beat by jeff rowland, I can hear your heart beat jeff rowland, jeff rowland I can hear your heart beat, you don''t know how much I miss you, you don''t know how much I miss you by jeff rowland, you don''t know how much I miss you jeff rowland, jeff rowland you don''t know how much I miss you, Mancini by robert oxley, mancini robert oxley, callisto robert oxley, callisto, robert oxley, mancini, robert oxley, mancini, oxley, callisto, oxley, mancini oxley, callisto oxley, Braveheart, limited by Robert Oxley, highlander by robert oxley, braveheart by robert oxley, soldier of love by richard oxley, Flood, Limited edition by Robert Oxley, Cowslip, Limited edition by Robert Oxley, Flux, Limited edition by Robert Oxley, free UK delivery from Heart Galleries, obsidion, limited edition by Robert Oxley, rathmanbore, limited edition by robert oxley, box canvas by robert oxley, rathmanbore, box canvas by robert oxley, obsidion box canvas by robert oxley, walk with me, walk with me by robert oxley, walk with me robert oxley, robert oxley walk with me, ozzie, ozzie by robert oxley, ozzie robert oxley, robert oxley ozzie, the world stands still, the world stand still Hamish Blakeley, hamish blakeley the world stands still, the world stands still by hamish blakeley, Flutter and Shake, limited edition by hamish blakeley, free uk delivery from Heart Galleries, flutter and shake by hamish blakeley, baker street blues by hamish blakeley, room at the top by hamish blakeley, timeless by hamish blakeley, Lost Reel, by hamish blakeley, Twilight over London by hamish blakeley, The night is hers by hamish blakeley, Catnap by hamish blakeley, Secado, by hamish blakeley, The artists chair by hamish blakeley, Dormire by hamish blakeley, Fanciula by hamish blakeley,,Gentile by hamish blakeley, Lamplight by hamish blakeley, Lost and found in havana by hamish blakeley, free uk delivery from heart galleries, Smoke and Thunder by david rees, smoke and thuner, david rees smoke and thunder, smoke and thunder david rees, Snow Leopard by david rees, snow leapard, david rees snow leopard, snow leopard, david rees,Pride by david rees, pride, david rees pride, pride david rees, serenity david rees, serenity by david rees, serenity, david rees, sound & colour by david rees, sound & colour, sound & colour david rees, sound and colour, david rees, sound and serenity, david rees, david rees, david rees, david rees art, david rees limited edition art, david rees rise, david rees forgiven, david rees girl I, david rees girl II, art by david rees, limited art by david rees, free Uk delivery from Heart Galleries, Jon Jones artist, limited editions by jon jones, free UK delivery from Heart Galleries, by order of the peaky blinders Jon Jones, by order of the peaky blinders, jon jones by order of the peaky blinders, by order of the peaky blinders, don''t f*** with the peaky blinders, don''t f*** with the peaky blinders Jon jones, jon jones don''t f*** with the peaky blinders, don''t f*** with the peaky blinders by jon jones, who''s Gonna Stop Us.... Nobody!, who''s Gonna Stop Us.... Nobody! by Jon jones, who''s Gonna Stop Us.... Nobody! jon Jones, jon jones who''s Gonna Stop Us.... Nobody!, who''s Gonna Stop Us Nobody, who''s Gonna Stop Us Nobody Jon Jones, who''s Gonna Stop Us Nobody! who''s Gonna Stop Us Nobody!, You''re a brace lad ain''t ya, You''re a brace lad ain''t ya jon jones You''re a brace lad ain''t ya by jon jones, jon jones You''re a brace lad ain''t ya, free UK delivery from Heart Galleries, Rose by Keith Maiden, Rose Keith Maiden, Everything I by Keith Maiden, Everything One Keith Maiden, Everything II by Keith Maiden, Everything II by Keith Maiden.Keith Maiden artist, art by Keith Maiden, free uk delivery from heart galleries, limited edition prints by Keith Maiden, Crude Reality, Limited Edition by Keith Maiden, Free UK Delivery from Heart Galleries, Oil Be Back, Limited Edition by Keith Maiden, Free UK Delivery from Heart Galleries, chloe, Limited Edition by Keith Maiden, Free UK Delivery from Heart Galleries, grace, Limited Edition by Keith Maiden, Free UK Delivery from Heart Galleries, beth, Limited Edition by Keith Maiden, Free UK Delivery from Heart Galleries, avarice egocentric, Limited Edition by Keith Maiden, Free UK Delivery from Heart Galleries, lily, Limited Edition by Keith Maiden, Free UK Delivery from Heart Galleries, isabella, Limited Edition by Keith Maiden, Free UK Delivery from Heart Galleries, wake up and smell the corruption, halo to a noose, if I were the devil, tanya Hyde, limited edition by keith maiden, lucy fur, limited edition by keith maiden, helen back, limited edition by keith maiden Equilibrium by Keith Maiden, equilibrium from keith maiden, new keith maiden 2017, keith maiden spring 2017, proper gander keith maiden, Nigel Humphries, nigel humphries artist, nigel humphries limited editions, nigel humphries limited edition prints, art by nigel humphries, free UK delivery from Heart Galleries, artist nigel humphries, web slinger, web slinger by nigel humphries, web slinger nigel humphries, nigel humphries web slinger, hi puddin, hi puddin by nigel humphries, hi puddin nigel humphries, nigel humphries hi puddin, gotham calling, gotham calling by nigel humphries, gotham calling nigel humphries, nigel humphries gotham calling, Don''t make me angry, Don''t make me angry by nigel humphries, Don''t make me angry nigel humphries, nigel humphries Don''t make me angry, Warrior princess, Warrior princess by nigel humphries, Warrior princess nigel humphries, nigel humphries Warrior princess, Man of steel, Man of steel by nigel humphries, Man of steel nigel humphries, nigel humphries Man of steel, Suit Up, Suit Up by nigel humphries, Suit Up nigel humphries, nigel humphries Suit Up, Dead Cool, Dead Cool by nigel humphries, Dead Cool nigel humphries, nigel humphries Dead Cool, Cocktail Hour by andrew kinsman, cocktail hour, cocktail hour andrew kinsman, andrew kinsman cocktail hour, free UK delivery Heart Galleries, Heart galleries, The Reader by andrew kinsman, the reader, the reader andrew kinsman, andrew kinsman the reader, heart galleries andrew kinsman, andrew kinsman heart galleries, the rendezvous by andrew kinsman, the rendezvous, the rendezvous andrew kinsman, andrew kinsman the rendezvous, andrew kinsman artist, art by andrew kinsman, piano man by richard blunt, the last goodbye richard blunt, sunset sands, the girl in the sequin dress, a warm sunny evening, body and soul, limited edition by richard blunt, free UK delivery from heart galleries, richard blunt, richard blunt artist, richard blunt artwork, richard blunt a warm sunny evening, richard blunt body and soul, richard blunt art, richard blunt prints, richard blunt limited edition prints, richard blunt limited prints, richard blunt art, piano man richard blunt, the last goodbye richard blunt, richard blunt the last goodbye, richard blunt piano man, morning snow, morning snow by mackenzie thorpe, morning snow mackenzie thorpe, mackenzie thorpe morning snow, its only a bee, its only a bee by mackenzie thorpe, its only a bee mackenzie thorpe, mackenzie thorpe its only a bee, the bringer of love, the bringer of love sculpture, the bringer of love sculpture by mackenzie thorpe, the bringer of love sculpture mackenzie thorpe, the bringer of love mackenzie thorpe, mackenzie thorpe the bringer of love, You''re My Rock, Mackenzie Thorpe, Sculpture by mackenzie thorpe, mackenzie thorpe sculpture, m thorpe 2016, Dancing in love by mackenzie thorpe, Dancing mackenzie thorpe, dancing in love by Mackenzie thorpe, light of my life, sunday best mackenzie thorpe, artist, so much love mackenzie thorpe, mackenzie thorpe, The seeds of love by Mackenzie thorpe, seeds of love new limited edition by mackenzie thorpe, free uk delivery from heart galleries, salty by mackenzie thorpe, superstar by mackenzie thorpe, seeds of love mackenzie thorpe, art by mackenzie thorpe, in winters to come mackenzie thorpe light of my life by mackenzie thorpe, you''re my rock by mackenzie thorpe, limited editions by mackenzie thorpe, out of the dark mackenzie thorpe, so much love by mackenzie thorpe, like father like son by mackenzie thorpe, dancing in love by mackenzie thorpe, sunday best by mackenzie thorpe, following in his footsteps sculpture by mackenzie thorpe, in his footsteps mackenzie thorpe, you''re my rock mackenzie thorpe, dancing in love mackenzie thorpe, so much love mackenzie thorpe, heart galleries mackenzie thorpe, a big head, a sheep shepherd and a duffle coat boy, a big hed, a sheep shepherd and a duffle coat boy mackenzie thorpe, You''ll never walk alone by mark grieves, mark grieves you''ll never walk alone, high gloss 3d framed by mark grieves, duo, limited edition by Mark Grieves, free UK delivery from heart galleries, Mark Grieves, Mark Grieves artist, Singing in the rain, limited edition by Mark Grieves, Make your own music, limited edition by Mark Grieves, Mark Grieves, singing in the rain, hi gloss resin with 3D elements, make your own music, hi gloss resin with 3D elements, Pride, limited edition by Mark Grieves, first love by mark grieves, first dance by mark grieves, first kiss by mark grieves, dancing in the moonlight by mark grieves, made to last by mark grieves, rhapsody by mark grieves, sonata by mark grieves, harmony by mark grieves, memories last forever by mark grieves, eternity by mark grieves, duet by mark grieves, rhythm by mark grieves, limited editions by mark grieves, mark grieves artist, always and forever, limited edition by Mark grieves, always and forever high gloss 3d image by mark grieves, A place you know open edition book by john waterhouse, a place you know book by john waterhouse, a place you know limited edition book by john waterhouse, enchanted day, enchanted day by john waterhouse , john waterhouse enchanted day, a day to day dream, a day to day dream john waterhouse , john waterhouse a day to day dream by john waterhouse , the time of our lives, the time of our lives by john waterhouse , the time of our lives limited edition by john waterhouse , enchanted day, enchanted day by john waterhouse , enchanted by john waterhouse , john waterhouse enchanted day.Freetime, freetime by john waterhouse, john waterhouse freetime, freetime limited edition by john water house, ltd ed john waterhouse,Field of play, limited edition by John Waterhouse, buttercup walk by John Waterhouse, bluebell dawn by John Waterhouse, scarlett dawn by John Waterhouse, dawn memories by John waterhouse, a place for us by John Waterhouse, the first snowfall, limited edition by John waterhouse, shimmering light, limited edition by John Waterhouse, bluebell wood, limited edition by John Waterhouse, poppy field, limited edition by John Waterhouse, the longest day, limited edition by John Waterhouse, Daybreak Stroll, limited edition by John Waterhouse, Dawn Companions, limited edition by John Waterhouse, Early Light, limited edition by John Waterhouse, The Chosen Path, Daybreak Stroll, limited edition by John Waterhouse, What a Wonderful World, limited edition by John Waterhouse, Out and About, limited edition by John Waterhouse, Sailing at Sunrise, limited edition by John Waterhouse, Dawn Riders, limited edition by John Waterhouse, On Course for a Good Day, limited edition by John Waterhouse, Out with the Family, limited edition by John Waterhouse, Out Fishing, limited edition by John Waterhouse, Down by the River, limited edition by John Waterhouse, The Perfect Spot, limited edition by John Waterhouse, Hold on Tight, limited edition by John Waterhouse, Where we Like to Be, limited edition by John Waterhouse, Light of My Life, limited edition by John Waterhouse, Bright and Early, limited edition by John Waterhouse, As the Sun Comes Up, limited edition by John Waterhouse, Calm Before the Storm, limited edition by John Waterhouse, Here Comes the Sun, limited edition by John Waterhouse, Lakeside Retreat Daybreak Stroll, limited edition by John Waterhouse, Simple Pleasures, limited edition by John Waterhouse, Nature''s Retreat, limited edition by John Waterhouse, Our Favourite Place, limited edition by John Waterhouse, Away from the World, limited edition by John Waterhouse, As The World Awakes, limited edition by John Waterhouse, Free Spirits, limited edition by John Waterhouse, Fields of Gold, limited edition by John Waterhouse, Shining Through, limited edition by John Waterhouse, Another Perfect Day, limited edition by John Waterhouse, Beyond the Horizon, limited edition by John Waterhouse, Away From it All, limited edition by John Waterhouse, By Your Side, limited edition by John Waterhouse, Morning Mist, limited edition by John Waterhouse, Reflections in Time, limited edition by John Waterhouse, The Sun''s Reflection, limited edition by John Waterhouse, The Sound of Silence, limited edition by John Waterhouse, Afternoon Glow, limited edition by John Waterhouse, The Warmth Within, limited edition by John Waterhouse, Along the Riverbank limited edition by John Waterhouse, Treasure Hunt by Stephen Hanson, Limited edition by stephen hanson, Treasure hunt stephen hanson Treasure hunt, Toby and the treasure hunt, march 2017, spring 2017, toby treasure hunt, steplen hanson lurch, Toby digging studies, ages of toby, study for Snow meeting, study for down river, study for ball pool study for in the rough, study for the waiting, study for out of season, study for time out, study for food chain, study for room service, study for after a walk, sketches from Stephen Hanson, toby series sketches by stephen hanson, Snowballs by Stephen Hanson, Snowballs, Snowballs latest Stephen Hanson, The Wrong Ball by Stephen Hanson, the wrong ball, the wrong ball limited edition stephen hanson, Life of Cats by stephen hanson, breakfast time by stephen hanson, dinner time by stephen hanson, tea time by stephen hanson, Terry by Stephen Hanson, Ralph limited edition by Stephen Hanson on paper, Otto, limited edition by Stephen Hanson, Back on the Road Again, limited edition by stephen hanson, sunday roast by stephen hanson, latest release from stephen hanson, the lost ball, limited edition by stephen hanson, stephen hanson artist, breakfast in bed, limited edition by stephen hanson, cold feet, limited edition by stephen hanson, dawn patrol, limited edition by stephen hanson, morning news, limited edition by stephen hanson, no walk today by stephen hanson, toby after a walk by stephen hanson, happily retired, limited edition by stephen hanson, second breakfast, limited edition by stephen hanson, mr rabbit, limited edition by stephen hanson, the waiting room, limited edition by stephen hanson, toby after a walk, limited edition by stephen hanson, toby series by stephen hanson, free UK delivery from Heart Galleries, space invaded, limited edition by stephen hanson, toby and his red ball, intimate and delightful studies of toy and his red ball, moonlight by gary benfield, moonlight gary benfield, new gary benfield, gary benfield moonlight, midnight by gary benfield, midnight gary benfield, gary benfield midnight, midnight by gary benfield, blithe spirit by gary benfield, blithe spirit gary benfield, gary benfield blithe spirit, brief encounter by gary benfield, brief encounter gary benfield, gary benfield brief encounter, lightening by gary benfield. lightening gary benfield, gary benfield lightening,Santa Maria, limited edition by gary benfield, St. Paul''s, limited edition by Garry Benfield, Gary Benfield, Gary Benfield art, art by Gary benfield, limited editions, gary benfield limited editions, originals by gary benfield, free UK delivery from heart galleries, stanesque, limited edition by gary benfield, companion, the curious hare, limited edition by gary benfield, summer romance, limited edition by gary benfield, snowflake, limited edition by gary benfield, ella, limited edition by gary benfield, beatrice, limited edition by gary benfield, aurora II, limited edition by gary benfield, full stretch, limited edition by gary benfield, home straight, limited edition by gary benfield, watching, limited edition by gary benfield, waiting, limited edition by gary 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Benfield, Free UK Delivery from Heart Galleries, Free Spirit II, limited edition by Gary Benfield, Free UK Delivery from Heart Galleries, Reynard I, limited edition by Gary Benfield, Free UK Delivery from Heart Galleries, Reynard II, limited edition by Gary Benfield, Free UK Delivery from Heart Galleries, On The Move, limited edition by Gary Benfield, Free UK Delivery from Heart Galleries, Waiting, limited edition by Gary Benfield, Free UK Delivery from Heart Galleries, Watching, limited edition by Gary Benfield, Free UK Delivery from Heart Galleries, Home Straight, limited edition by Gary Benfield, Free UK Delivery from Heart Galleries, Full Stretch, limited edition by Gary Benfield, Free UK Delivery from Heart Galleries, Aurora II, limited edition by Gary Benfield, Free UK Delivery from Heart Galleries, Beatrice, limited edition by Gary Benfield, Free UK Delivery from Heart Galleries, Ella, limited edition by Gary Benfield, Free UK Delivery from Heart Galleries, Summer Romance, limited edition by Gary Benfield, Free UK Delivery from Heart Galleries, The Curious Hare, limited edition by Gary Benfield, Free UK Delivery from Heart Galleries, Snowflakes, limited edition by Gary Benfield, Free UK Delivery from Heart Galleries, Racing limited edition print by Gary Benfield, Evening Star limited edition print by Gary Benfield, Hancock limited edition print by Gary Benfield, Elegant limited edition print by Gary Benfield, Directors Choice limited edition print by Gary Benfield,The Big Tease by Jack Vettriano, jack vettriano the big tease, jack vettriano limited edition the big tease, Edinburgh Afternoon by Jack Vettriano, Edinburgh by Jack Vettriano, Seven Heaven by Jack Vettriano, Seventh Heaven Jack Vettriano , Jack Vetriano, Fetish Vettriano, Fetish by Jack Vettriano, New 2016 Jack Vettiano, The Very Thought of You Jack Vettriano, The Thought Of You Vettriano, Model In Westwood by Jack Vettriano, Westwood Vettriano, model by Jack Vettriano, Black on Blond Vetriano, Black on Blonde by Jack Vettriano, Back on Blonde Vettriano, Baby Bye Bye by Jack Vettriano, Bye Bye Baby Jack Vettriano, Jack Vettriano artist, jack vettriano limited edition prints, jack vettriano silkscreens, free uk delivery from heart galleries, jack vettriano prints, the singing butler by jack vettriano, the singing bulter limited edition print by jack vettriano, the picnic party by jack vettriano, the picnic party, limited edition print by jack vettriano, the waltzers, limited edition by jack vettriano, the waltzers by jack vettriano, mad dogs, limited edition print by jack vettriano, mad dogs by jack vettriano, elegy, limited edition print by jack vettriano, elegy by jack vettriano, afternoon reverie by jack vettriano, afternoon reverie, limited edition by jack vettriano, just the way it is, limited edition by jack vettriano, just the way it is by jack vettriano, scorched, limited edition by jack vettriano, scorched by jack vettriano, blue blue, limited edition by jack vettriano, blue blue by jack vettriano, the sparrow & the hawk, limited edition by jack vettriano, the sparrow & the hawk by jack vettriano, the weight by jack vettriano, the weight, limited edition by jack vettriano, the look of love by jack vettriano, the look of love limited edition print by jack vettriano, man of mystery by jack vettriano, man of mystery, limited edition by jack vettriano, pendine beach by jack vettriano, pendine beach, limited edition by jack vettriano, limited edition prints by jack vettriano, in thoughts of you by jack vettriano, in thoughts of you, limited edition by jack vettriano, tension timing triumph by jack vettriano, tension timing triumph, limited edition print by jack vettriano, altar of memory, limited edition by jack vettriano, altar of memory by jack vettriano, beauty and the beast by kerry darlington, kerry darlington beauty and the beast, beauty & the beast by kerry darlington, kerry darlington beauty & the beast, unique edition by kerry darlington, new kerry darlington, A Tree full of love by kerry darlington, a tree full of love, unique edition a tree full of love kerry darlington, a tree full of love kerry darlington, Romeo and Juliet by Kerry Darlington, New from Kerry Darlington, new 2016 collection Kerry Darlington, Romeo and Juliet Kerry Darlington, The Call of The Trees From Kerry Darlington, call trees kerry darlington, Flyng Home From Kerry Darlington. Flying Home by Kerry Darlington. Snow Queen by Kerry Darlington, snow queen kerry darlington, The Whispering Tree, unique edition by Kerry Darlington, the whispering tree by kerry darlington, happy valley by kerry darlington, floral by kerry darlington, The wise one, unique edition by Kerry Darlington, Sacred Grove, unique edition by Kerry Darlington, Ancient Pathway, unique edition by Kerry Darlington, Phoenix Feather, unique limited edition by Kerry Darlington, Plum Blossom, unique limited edition by Kerry Darlington, Elderberry tree, limited edition by Kerry Darlington, cherry blossom, limited edition by KerryDarlington, Lace Tree, limited edition by Kerry Darlington, Little Red Riding Hood, Limited Edition by Kerry Darlington, Rapunzel, limited edition by Kerry Darlington, East of the Sun, West of the Moon, limited edition by kerry darlington Fairy Lanterns by Kerry Darlington, Fairy Lanterns, unique edition by Kerry Darlington, Fairy Lights by Kerry Darlington, Fairy Lights, unique edition by Kerry Darlington,Tinker Bell, limited edition by Kerry Darlington, Snow White and Red Rose, unique editionVDaddy''s girl by by Emma grzonkowski, Emma grzonkowski daddys girl, daddy''s girl Emma grzonkowski, struck by love by Emma grzonkowski Emma grzonkowski struck by love, summer 2017 by emma grzonkowski, Transcendance, Transcendance by Emma grzonkowski, Metamorphosis, metamorphosis by Emma grzonkowski, Neon Soul, Neon Soul by Emma grzonkowski , crimson e by Emma grzonkowski,nigma, limited edition by emma grzonkowski, free UK delivery from heart galleries, melting heart, limited edition by emma grzonkowski, free UK delivery from heart galleries, splintering heart, limited edition by emma grzonkowski, free UK delivery from heart galleries, limited edition by emma grzonkowski, free UK delivery from heart galleries, , emma grzonkowski, emma grzonkowski artist, caladium, earth III, emma grzonkowski artwork, emma grzonkowski caladium, emma grzonkowski earth III, emma grzonkowski art, emma grzonkowski prints, emma grzonkowski limited edition prints, emma grzonkowski limited prints, emma grzonkowski art by Kerry Darlington, Tree of Platinum, unique edition by Kerry Darlington, Tree of Life Gold by Kerry Darlington, limited edition print, kerry darlington, free uk delivery from heart galleries, kerry darlington art, kerry darlington artwork, kerry darlington limited edition, lace tree by kerry darlington, little red riding hood by kerry darlington, oriental gold, enceladus, lo, triton, olympus mons, a celtic twilight, The Little, Mermaid, Tree of Gifts,Peter Pan in Neverland, Kerry Darlington Peter Pan in Neverland, by royal appointment by craig alan, craig alan by royal appointment, royal appointment craig alan, hand embellished by craig alan, Loving you, Limited edition by Craig Alan, Fair Lady, limited edition by craig alan, some like it hot, limited edition by craig alan, tower of strength, limited edition by craig alan, people''s parliament, limited edition by craig alan, loving you by craig alan, fair lady by craig alan, some like it hot by craig alan, tower of strength by craig alan, people''s parliament by craig alan, Craig Alan artist, art by Craig Alan, free UK delivery from Heart Galleries, The Timepiece, limited Edition by Craig Alan, the brunette, limited edition by Craig Alan, the blonde, limited edition by craig alan, innovative new releases from craig alan, innovative new releases by craig alan, after the storm by mackenzie thorpe, after the storm, after the storm mackenzie thorpe, mackenzie thorpe after the storm, storm mackenzie thorpe, Wish you were here collection by doug hyde, summer 2017 releases by doug hyde, Doggie Paddle by doug hyde, doug hyde doggie paddle, limited edition doggie paddle by doug hyde, doug hyde daisy trail, daisy trail limited edition by doug hyde, daisy trail sculpture by doug hyde, summer time by doug hyde, doug hyde summer time, summer time sculpture by doug hyde, new summer 2017 sculpture, doug hyde wish you were here collection, doug hyde summer time sculpture, Keys to the world by Paul Horton, Keys to the world the new limited edition collection from paul horton, first self published collection from paul horton, Sweet bird of fortune by paul horton, paul horton the sweet bird of fortune, sunshine day by paul horton, paul horton sunshine day, a gift for vincent by paul horton, paul horton a gift for vincent, bridge to my heart by paul horton, paul horton bridge to my heart, reach out for love by paul horton, paul horton reach out for love, riding the waves by paul horton, paul horton riding the waves, Impressions of the season collection from sherree valentine daines, Summer 2017 from Sherree Valentine Daines, Island lookouts by sherree valentine daines, sherree valentine daines island lookouts, boys toys by sherree valentine daines, sherree valentine daines boys toys, ascot ladies by sherree valentine daines, sherree valentine daines ascot ladies, riverside chic by sherree valentine daines, sherree valentine daines riverside chic, The fastest car in the world by mackenzie thorpe, mackenzie thorpe the fastest car in the world, Big Red by mackenzie thorpe, mackenzie thorpe big red, red plane mackenzie thorpe, red car mackenzie thorpe, Sumer 2017 Tom Butler, High Spirits by tom butler, tom butler high spirits, Subliminal messages by tom butler, tom butler subliminal messages, tom butler, artist, art by tom butler, limited editions by tom butler, free uk delivery from heart galleries, view from the tate, limited edition by tom butler, 5 o''clock shadows, limited edition by tom butler, murky monday, westminster bridge, limited edition by tom butler, westminster, limited edition by tom butler, pride of manhattan, limited edition by tom butler, boulevard boules, limited edition by tom butler, bobbing boats polperro by tom butler, catch of the day polperro by tom butler, wish you were here by tom butler, twilight panorama by tom butler, purple haze by tom butler, london sprawling by tom butler, to infinity and beyond by tom butler, Cinco Sentidos new Fabia Perez collection, cinco sentidos, The Train Station VII by Fabian Perez, fabian perez the train station VII, study for celina with abanico IV, study for celina with abanico IV by fabian perez, fabian perez study for celina with abanico IV, study for celina with abanico III, study for celina with abanico III by fabian perez, fabian perez study for celina with abanico III, study for a better life IV, study for a better life IV by fabian perez, fabian perez study for a better life IV, study for white, study for white by fabian perez, study for white fabian perez, fabian perez study for white, Geisha Pouring Sake by Fabian perez, brindis con rose fabian perez, study for whiskey fabian perez, michiko with white umbrella fabian perez, study for tango, fabian perez, analucia III fabian perez, waiting for the romance bronze sculpture fabian perez, surprise at moonlight bronze sculpture fabian perez, black phone bronze sculpture fabian peres, waiting for the romance sculpture fabian perez, surprise at moonlight sculpture fabian perez, black phone sculpture, fabian perez, weisha pouring sake fabian perez, brindis con rose fabian perez, study for whiskey fabian perez, michiko with white umbrella fabian perez, study for tango fabian perez, analucia III fabian peres, For a better life con tinto, limited edition by fabian perez, For a Better Life Con Champagne, limited edition by fabian perez, Brindis Con Bianco, limited edition by fabian perez, Paola Con Media Negras, limited edition by Fabian Perez, The Embrace VIII, limited edition by Fabian Perez, Black Phone II, limited edition by Fabian Perez, Black Phone III, limited edition by fabian perez, Like a Cat III, limited edition by Fabian Perez, surprise at moonlight, english rose Viii, english rose vii study, the whispers III, night club, whiskey at las brujas Vii, man in white suit II, smoking under the light II, english rose vii, study for teressa, limited edition by fabian perez, man in black suit, limited edition by fabian perez, summer rain ii, limited edition by fabian perez, the embrace ii, limited edition by fabian perez, lori with black hat, limited edition by fabian perez, el verso iv, limited edition by fabian perez, saba on the stairs, limited edition by fabian perez, intimate moments iv (black and white), limited edition by fabian perez, blue and red iii, limited edition by fabian perez, the embrace ii (black and white), limited edition by fabian perez, michiko with white umbrella, limited edition by fabian perez, michiko ii, limited edition by fabian perez, the embrace ii, limited edition by fabian perez, venice, limited edition by fabian perez, the performers break, limited edition by fabian perez, for a better life viii white and red wine, limited edition by fabian perez, night walk iv, limited edition by fabian perez, tess vii, limited edition by fabian perez, saba at the balcony vii, limited edition by fabian perez, saba at the balcony vii - white dress, limited edition by fabian perez, proud to be a man iii, limited edition by fabian perez, man lighting cigarette, limited edition by fabian perez, night highlights, limited edition by fabian perez, eugenia iii, limited edition by fabian perez, red white and rose iii, limited edition by fabian perez, darya in car with lipstick, limited edition by fabian perez, proposal ix, limited edition by fabian perez, brindis con champagne, limited edition by fabian perez, proposal xii, limited edition by fabian perez, tango in red, limited edition by fabian perez, el baile de flamenco in rojo ii, limited edition by fabian perez, el baile de flamenco in rojo i, limited edition by fabian perez, saba at las brujas, at the bar, limited edition by fabian perez, neo emotionalism, limited edition by fabian perez, man sitting in chair, limited edition by fabian perez, flamenco dancer with fan, limited edition by fabian perez, at the door vi, limited edition by fabian perez, saba with letter iv, limited edition by fabian perez, marcus with hat and cigarette, limited edition by fabian perez, saba on the stairs with white wall, limited edition by fabian perez, black suit red wine, limited edition by fabian perez, waiting for the romance to come back ii, limited edition by fabian perez, hollywood nights, limited edition by fabian perez, paola on the bed, limited edition by fabian perez, teressa, limited edition by fabian perez, summer rain, limited edition by fabian perez, michiko with white umbrella, limited edition by fabian perez, michiko with red umbrella, limited edition by fabian perez, saba at las brujas iv, limited edition by fabian perez, saba in the sun, limited edition by fabian perez, lunares negros, limited edition by fabian perez, dancer in red, limited edition by fabian perez, celina con abanico, limited edition by fabian perez, dancer in red and white, limited edition by fabian perez, saba with glass of red wine, limited edition by fabian perez, marcus iii, limited edition by fabian perez, study for untitled ii, limited edition by fabian perez, study for the proposal iii, limited edition by fabian perez, study for marcus in white, limited edition by fabian perez, study for woman with white umbrella, limited edition by fabian perez, paco and darya in car, limited edition by fabian perez, blue rabbit, lucy, limited edition by fabian perez, for a better life, red wine, limited edition by fabian perez, for a better life, white wine, limited edition by fabian perez, woman with white umbrella, limited edition by fabian perez, saba at the balcony vii, limited edition by fabian perez, tango vi, limited edition by fabian perez, tango, limited edition by fabian perez, tango vi, limited edition by fabian perez, the proposal iv, limited edition by fabian perez, noches de malavida, limited edition by fabian perez, noches de malavida iii, limited edition by fabian perez, the proposal iii, limited edition by fabian perez, saba at the balcony, limited edition by fabian perez, proud to be a man iii, limited edition by fabian perez, dancer in red, limited edition by fabian perez, red, white and rose, limited edition by fabian perez, saba on the stairs yellow touch, limited edition by fabian perez, celina con lunares negros, limited edition by fabian perez, celina con abanico ii, limited edition by fabian perez, georgina in the yellow room, limited edition by fabian perez, proud to be a man, limited edition by fabian perez, all the romance we left behind, limited edition by fabian perez, sensual touch in the dark ii, limited edition by fabian perez, cynzia ii, limited edition by fabian perez, medias negra v, limited edition by fabian perez, callas de san terremo, limited edition by fabian perez, cynzia at las brujas ii, limited edition by fabian perez, when the story begins, limited edition by fabian perez, flamenco ii, limited edition by fabian perez, november rain marissa, limited edition by fabian perez, linda in red, limited edition by fabian perez, linda in red iii, limited edition by fabian perez, tinto ii, limited edition by fabian perez, saba on the stairs, limited edition by fabian perez, tess iii, limited edition by fabian perez, study for the man at the red sign, limited edition by fabian perez, whisky at las brujas v, limited edition by fabian perez, gauntes negros, limited edition by fabian perez, rojo y azul, limited edition by fabian perez, smoking under the light in white suit, limited edition by fabian perez, el espejo, limited edition by fabian perez, paola on the couch, limited edition by fabian perez, the red hat, limited edition by fabian perez, the black stone, limited edition by fabian perez, valerie at las brujas, limited edition by fabian perez, cynzia ii, limited edition by fabian perez, the proposal, limited edition by fabian perez, balcony at buenos aires, limited edition by fabian perez, giesha en turquessa, limited edition by fabian perez, brocatta rosa, limited edition by fabian perez, rojo sillon, limited edition by fabian perez, medias negras, limited edition by fabian perez, buenos aires night, limited edition by fabian perez, tablado flamenco, limited edition by fabian perez, rhythm of the dance, limited edition by fabian perez, noches de buenos aires, waiting for the romance to come back, limited edition by fabian perez, gathering at las brujas, limited edition by fabian perez, sophia, limited edition by fabian perez, lettizia, limited edition by fabian perez, artist of the year 2014, academy of artists, italy, official artist of 2010 latin grammy awards, official artist of 2010 winter olympics vancouver, argentina, buenos aires, sultry, sexy, latin, latino, sensual, Study for Saba with Letter V, Kayleigh at the Ritz II, Kayleigh at the Ritz III, Self Portrait with girl and guitar, Our love story by mark grieves, mark grieves our love story, summer 2017 mark grieves, piano and hearts mark grieves, The wonderful wizard of oz by Kerry Darlington, kerry darlington the wonderful wizard of oz, yellow brick road kerry darlington, wizard of oz kerry darlington, Daddy''s girl by by Emma grzonkowski, Emma grzonkowski daddys girl, daddy''s girl Emma grzonkowski, struck by love by Emma grzonkowski Emma grzonkowski struck by love, summer 2017 by emma grzonkowski, Transcendance, Transcendance by Emma grzonkowski, Metamorphosis, metamorphosis by Emma grzonkowski, Neon Soul, Neon Soul by Emma grzonkowski , crimson e by Emma grzonkowski,nigma, limited edition by emma grzonkowski, free UK delivery from heart galleries, melting heart, limited edition by emma grzonkowski, free UK delivery from heart galleries, splintering heart, limited edition by emma grzonkowski, free UK delivery from heart galleries, limited edition by emma grzonkowski, free UK delivery from heart galleries, , emma grzonkowski, emma grzonkowski artist, caladium, earth III, emma grzonkowski artwork, emma grzonkowski caladium, emma grzonkowski earth III, emma grzonkowski art, emma grzonkowski prints, emma grzonkowski limited edition prints, emma grzonkowski limited prints, emma grzonkowski art, Art by Darryn Eggleton, darryn eggleton, free UK delivery from Heart Galleries, the lookout by Darryn Eggleton, Darryn Eggleton the lookout, limited edition prints, limited editions, limited edition prints by Darryn Eggleton, in the spotlight, in the spotlight by Darryn Eggleton, Darryn Eggleton in the spotlike, limited edition by Darryn Eggleton in the spotlight, in the spotlight by Darryn Eggleton, waiting game by Darryn Eggleton, Darryn Eggleton waiting game, limited editions by Darryn Eggleton, waiting game by Darryn Eggleton, I love you too by mackenzie thorpe, mackenzie thorpe I love you, summer 2017 mackenzie thorpe Summer of 69 todd white, todd white summer of 69, todd white sixty nine, todd white summer 2017, todd white 1969, Rock star sculpture by rebecca lardner, rebecca lardner sculpture rock star, puffin sculpture by rebecca lardner, on the lookout by rececca lardner, on the lookout sculpture by rebecca lardner, green boat and birds sculpture rebecca lardner, hitching a ride by rebecca lardner, hitching a ride sculpture by rebecca lardner, blue boat and birds sculpture by rebecca lardner, boat sculpture by rebecca lardner, love birds sculpture by rebecca lardner, rebecca lardner sculpture, seagulls sculpture rebecca lardner, sea legs sculpture by rebecca lardner, rebecca lardner sculpture sea legs, birds sculpture rebecca lardner, family of birds sculpture rebecca lardner, rebecca lardner sculpture sea legs, summer 2017 rebecca lardner, cathedral of sea and sky I, cathedral of sea and sky II, cathedral of sea and sky I by alex echo, cathedral of sea and sky I alex echo, cathedral of sea and sky II by alex echo, cathedral of sea and sky II alex echo, cathedral of sea and sky II alex echo, cathedral of sea and sky I alex echo, cathedral of sea and sky II alex echo, alex echo cathedral of sea and sky 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courtweek.com - Archives: 2011November 1, 2011The Law of Post-Halloween Legal StandardsToday is All Saints Day or All Hallows, a holy day of obligation for some. To others, it''s just the day after Halloween -- a day they forget was once merely All Hallows Eve. Some spend All Hallows recovering from the revelry of the night before, and some are still on the streets in the wee hours of the holy day. Our Case of the Week examines once such alleged citizen on the streets and the unfortunate lesson she learned about differing standards of legal review in a California appellate decision handed down last week.Let''s Make a DealAngelique Bongiovanni found herself in the legal system in 2009, charged with possession of methamphetamine in two separate cases. In a deal that would come back to haunt her on the day after Halloween, she made a plea bargain in one of the cases. Under the plea agreement, Ms. Bongiovanni pleaded no contest, and was placed on probation for three years. As an added bonus, her 365-day jail sentence was suspended to run concurrently with the sentence from her other drug bust.It seemed like a good deal at the time, and it would have been...if only she hadn''t allegedly been out with the witches, warlocks, goblins, and alleged gang members on the streets of Los Angeles on All Hallows 2009.All Hallows HijinksOn Nov. 1, 2009, Wendy Diaz lived with her husband and three children in a Los Angeles neighborhood with a gang problem. Perhaps not unlike Chauncey and Wadsworth fighting over tee times, the proper procedure for shaking martinis, or the best way to train a polo pony, Ms. Diaz''s neighborhood faced fights from the gentlemen and ladies of the rival gangs, "Vincent Town," and "Columbus Street." Police arrested a Columbus Street gang member for breaking into the Diaz home.After taking her children trick-or-treating on Halloween evening, Ms. Diaz ventured outside at approximately 1:00 in the morning of All Hallows to look for a friend parking on the street. Instead, Ms. Diaz said she saw Ms. Bongiovanni accompanied by a companion in a pumpkin costume.According to Ms. Diaz, Ms. Bongiovanni proceeded to engage in an expletive-laden tirade of threats. To accommodate the gentle readers of Courtweek.com who would rather witness a debate between Chauncey and Wadworth on the best ways to make covert contributions to the Republican National Committee instead of enduring the vile threats of alleged gang members, we will attempt to sanitize the vulgarity of Ms. Bongiovanni''s alleged utterances.Ms. Diaz said Ms. Bongiovanni approached her and called her an [expletive deleted] snitcher, adding, "You been [expletive deleted] snitching.""You and your family are coming down," Ms. Bongiovanni stated allegedly, as she is said to have added for emphasis, "You [expletive deleted] rata," and "[expletive deleted] all biccicletas."To assist our readers in appreciating the full flavor of Ms. Bongiovanni''s supposed soliloquy, we should note that each deleted expletive is a version of the same slang word referring to an act of sexual intimacy. In addition, "rata" can refer to a Soviet fighter plane from the 1930s, plants from the Metrosideros genus in New Zealand, or rat in Spanish. We''ll let you decide which one Ms. Bongiovanni might have meant. Also, biccicletas is a derivation of the Spanish word for bicycles. Seems innocuous enough. However, in Ms. Bongiovanni''s case, People v. Bongiovanni, California''s Second District Court of Appeal noted biccicletas was also a term Columbus Street gang members used as a sign of disrespect (or "dissing" in gangspeak) when addressing the upstanding citizens of the Vincent Town gang.Ms. Diaz reported the incident to police the same day and gave law enforcement a description of the woman who threatened her. She then identified Ms. Bongiovanni from a photo line up. Police knew Ms. Bongiovanni to be a member of the Columbus Street gang for almost a decade and that she went by the gang name, "Diabla." It wasn''t difficult police work...Ms. Bongiovanni sported Columbus Street gang tattoos on her body. If that weren''t enough, police said she also admitted she was a member.Winning 10-2?However, nifty tattoos notwithstanding, Ms. Bongiovanni denied she was a member of the gang at trial. In addition, Ms. Bongiovanni noted she was approximately 50 pounds heavier than Ms. Diaz had described her. Then again, it was Halloween, and with her friend in that pumpkin costume, she probably got a lot of candy. Despite Ms. Diaz''s testimony and police testimony citing various Columbus Street gang activities including murder, assaults, car theft, and narcotics distribution, the jury deadlocked, and it''s vote was 10-2 in favor of acquitting Ms. Bongiovanni. The court declared a mistrial and thus granted prosecutors'' motion to dismiss the charges pursuant to California Penal Code section 1385.So, it was time for Ms. Bongiovanni to do the happy dance. Sure, she was on probation, but the charges were dropped. No probation violation there...or so she thought.At an ensuing probation violation hearing, Ms. Bongiovanni argued she had not violated her probation in the All Hallows morning incident. She claimed the whole thing was a case of mistaken identity, and she argued the jury''s 10-2 vote in her favor showed she hadn''t done anything wrong.Most members of the jury may have believed her, but the judge wasn''t buying it. More importantly, for purposes of sending Ms. Bongiovanni to the slammer for a probation violation, the opinions of those 10 jurors didn''t matter.You see, California probation violation determinations differ from a criminal trial in that the fact-finder in a probation violation hearing is the judge -- not a jury. In addition, where in a criminal trial, the legal standard is proof beyond a reasonable doubt, in a probation violation hearing, the standard is only a preponderance of the evidence. In other words, there can be a fair amount of doubt as to whether you did it, but if the judge weighs the evidence, and there''s more evidence indicating guilt rather than innocence, you lose.In Ms. Bongiovanni''s case, the judge noted the cops testified at trial that she was a member of the Columbus Street gang, a Columbus Street member was arrested in connection with the break-in at the Diaz home, and that Ms. Diaz identified Ms. Bongiovanni as the woman who threatened her. In the minds of 10 of 12 jurors, that wasn''t enough to prove anything beyond a reasonable doubt. However, under the preponderance of the evidence standard, that''s all the judge needed.In upholding the trial court''s decision that Ms Bongiovanni violated her probation, California''s Second District Court of Appeal wrote, "Appellant''s argument that a jury vote of of 10-2 for acquittal supports her credibility is not persuasive because the fact finder in the probation violation hearing was the trial judge, not the jury. Because probation revocation differs substantially from criminal prosecution and the facts supporting the revocation need only be proved by a preponderance of the evidence, we find substantial evidence to support the trial court''s finding that the appellant violated her probation."So, Ms. Bongiovanni had her probation revoked, and it was three years of incarceration for her. The moral of this week''s Case of the Week: if you''re on probation and walking around with a giant pumpkin on All Hallows, study legal standards of review before you go calling someone an [expletive deleted] Soviet fighter plane. __________________________October 22, 2011The Law of Flying DwarfsThose readers who enjoyed -- or perhaps didn''t enjoy -- this writer''s On Trial column in The National Law Journal may remember the saga of Dave the Dwarf. He fought to save the Constitution...while saving his livelihood in dwarf tossing. To commemorate the 10th anniversary of Dave the Dwarf''s epic legal battle--and because a Florida state representative is now trying to do in the legislature what Dave could not do in the courts--we now revisit the Law of Dwarf Tossing...and what it tells us about the 5th and 14th Amendments to the United States Constitution...as well as legislative and regulatory drafting in the state of Florida.Big Fun in a Little PackageDavid Flood is a gentleman of somewhat small stature: three foot two, to be exact. He''s also a Tampa, Fla., radio personality and quasi-celebrity. Known as Dave the Dwarf to his legions of little listeners and big fans on Tampa''s 93.3 FLZ radio, Mr. Flood also has had a side business, and that''s what made him a legal star. You see, for a fee, you could bring Dave the Dwarf to your birthday party, St. Patrick''s Day festival, bar mitzvah, or Millard Fillmore Inauguration Day celebration, and Dave would let you engage in the time-honored tradition of dwarf tossing.That''s right, you could put little Dave in a harness and toss him to your heart''s content. Dwarf tossing was a cultural phenomenon in the 1980s. It was the biggest thing since Members Only jackets. It seemed a good time was being had by all, as tiny torpedoes of humanity went airborne at parties.That was, until the Little People of America and their friends in the Florida Legislature intercepted the toss.Little LobbyistsNot everyone was amused by this zany brand of miniature fun. Among the concerned populace was a public interest organization known as Little People of America, Inc. The non-profit organization provides support and information to people of short stature, and states it is the only dwarfism support organization providing services to those afflicted with all of the over 200 types of dwarfism.Little People and others lobbied the Florida Legislature, and the result was the passage of Section 561.665, Florida Statutes, governing activities involving exploitation of people with Dwarfism in establishments selling alcohol.Not all little people supported the law, and one of them was Dave the Dwarf.Dave the Dwarf sued then-Florida Governor Job Bush in an attempt to overturn the law, arguing the law was an unconstitutional violation of his rights under the Due Process Clause of the 5th Amendment and the Equal Protection Clause of the 14th Amendment.Specifically, Dave the Dwarf argued in Flood v. Bush, No. 8:01cv02261 (M.D. Fla. filed Nov. 28, 2001), that his due process rights were violated because the law failed to properly define those covered by the law, making the law unconstitutionally vague. He argued also that the law violated his equal protection rights because the law treated him differently than others. For instance, you could be tossed, I could be tossed, and Oprah Winfrey could be tossed (with a great degree of difficulty), but Dave the Dwarf could not be tossed...or so he thought.Banned or Not?The governor''s lawyers swung into action in an attempt to toss Dave the Dwarf right out of court. They argued dwarfs needed protection. Dave counted that was hogwash. Also, in addition to maintaining Gov. Bush should be dismissed from the suit, the Florida Attorney General''s Office argued that there was no constitutional violation because the law didnt really ban dwarf tossing.Turns out they were right.The law itself banned only "undertaking or permitting any contest or promotion or other form of recreational activity involving exploitation endangering the health, safety, and welfare of any person with dwarfism" in establishments selling alcoholic beverages. Nowhere did the law ban dwarf tossing specifically.Dave the Dwarf argued dwarf tossing was good for his welfare because he made money doing it. Note the language is "health, safety, and welfare," as opposed to "health, safety, or welfare." Dave the Dwarf might have been better off leaving the law alone, continuing his aerial acrobatics, and arguing he was in compliance with the law because dwarf tossing promoted his welfare.As it was, the trial court tossed Dave out of the courthouse, holding the law did not ban dwarf tossing and that -- although the law mandated that the Division of Alcoholic Beverages and Tobacco of Floridas Department of Professional Regulation promulgate regulations on the issue -- they had failed to do it. While the regulators may have been out at the beach listening to Jimmy Buffet tunes and drinking margaritas, Dave the Dwarf could have been spending his days flying through the warm Florida breezes.So why is Florida State Rep. Ritch Workman trying to repeal the law while everyone from Jon Stewart to your short Uncle Freddy is weighing in on the issue?Well, it appears those regulators finally finished getting wasted away in Margaritaville, cruised on back home to Tallahassee, and did some regulating.The Oprah RuleThe Division promulgated Section 3.048 of Chapter 61A of its regulations, entitled, "Exploitation of Dwarfs." Unlike their friends in the Legislature, the regulators did more precise drafting and included dwarf tossing specifically. The regulation provided in subsection (2): "Any activity described as dwarf-tossing is specifically included within those acts of exploitation prohibited by this rule."Of course, there was also subsection (3), which could be called the Oprah Rule. It provided: "Nothing contained herein shall be construed to prohibit dwarfs from engaging in non-exploitative sporting or recreational events of the type engaged in by persons who are not dwarfs."So now we''ve come full circle: Oprah Winfrey can be tossed (if one has a large catapult), but Dave the Dwarf is, once again, left out of all the fun...unless Rep. Workman has his way. His bill, HB 4063, is pending in the Florida Legislature. In the meantime, you can catch Dave the Dwarf on his radio show, What Would The Dwarf Do?, where presumably, he is not being tossed...at least not yet.__________________________August 25, 2011The Law of Wiener WarsOnce the gentleman from New York''s Ninth Congressional District resigned his House seat for exposing his wiener, you may have thought you would be finished with bad wiener jokes for a while. You would be wrong.This week, mighty corporate litigants have been battling it out in the U.S. District Court for Northern District of Illinois in a wacky wiener war. The case of Sara Lee Corp. v. Kraft Foods Inc., features charges of hot dog blasphemy. Sara Lee, the makers of Ball Park Franks, and Kraft, the friendly folks bringing you the venerable Oscar Mayer wiener, both claim the other has disparaged its products in violation of federal and state law.Seriously though, we all read Upton Sinclair''s The Jungle in school. Thus, everyone thinks hot dogs are comprised of animal parts swept up off the factory floor anyway. How can one disparage a hot dog?Oh, I Wish I Were...Sara Lee fired the first shot in the Weiner War, suing Kraft in May 2009, claiming Kraft violated both the federal Trademark Act of 1946, 15 U.S.C. 1051 et seq., known commonly as the "Lanham Act," the Illinois Consumer Fraud and Deceptive Practices Act, and other Illinois state laws.In its federal complaint, Sara Lee alleged Kraft claimed falsely that Oscar Mayer wieners were the "100% pure beef hot dog" when it knew Oscar Meyer wieners contained other mouth-watering ingredients, such as sodium lactate, sodium diacetate, sodium phosphates, salt, corn syrup, and dextrose. Sara Lee claimed non-beef ingredients comprised approximately 20 percent of an Oscar Meyer wiener. Of course, Sara Lee conceded that most of this non-beef 20 percent was water.Sara Lee claimed Ball Park Franks were disadvantaged becausebeing the honest dudes they are Sara Lee would not compete with Oscars little lies by claiming falsely that Ball Park Franks were 100 percent pure beef.But, Oscar Meyers alleged crimes against humanity and hot dog harmony didn''t end there.In advertising paraphrasing Oscar Mayers famous jingles for its hot dogs and bologna, Kraft claimed, The best tasting beef hot dog has a name. Its O-S-C-A-R, and These days, its Ball Park and Hebrew National who are wishing they were an Oscar Mayer wiener. In addition, Kraft invited customers to Try the taste that knocked the others out of the park.Just as it claimed the 100 percent beef claim was false, Sara Lee claimed these comparisons against its hot dog were false as well.Sara Lees attorney, Richard Leighton of Washington, D.C.''s Keller and Heckman LLP, claimed the evil Oscar Mayer even cheated on taste tests, claiming testers were served boiled Ball Park franks on a paper plate with no bun, no ketchup, no mustard, nothing.It must have been a big taste test error because the bouquet of the sodium lactate and dextrose really pairs well with mustard.Not only were these claims placed in print and electronic media, Sara Lee claimed Kraft even put them on its Wienermobile, a vehicle described by Sara Lee as a hot dog-shaped vehicle that promotes Oscar Mayer and its products in interstate commerce.Have you ever seen the Wienermobile? This writer has. It looks like a rolling phallic sex toy designed to appeal to the prurient interest in violation of the U.S. Supreme Courts holding in Miller v. California.Sara Lee argued that, by making these allegedly false claims in interstate commerce, Kraft violated section 43(a)(1)(B) of the Lanham Act. Section 43(a)(1)(B) prohibits false or misleading advertising or marketing that damages another''s product. In addition, Sara Lee argued these false claims violated the applicable Illinois state laws.Not surprisingly, Oscar Mayer saw things differently.My [Fill in the Blank] Has a First NameMighty Oscar fought back, counterclaiming against Ball Park''s protective corporate mother, Sara Lee. Kraft argued the 100 percent beef was accurate because, although Oscar Mayer contained additives, beef was the only meat in Oscar Mayer. In addition, Kraft believed it needed to illustrate Oscar''s beefiness because of the public perception that hot dogs contain mystery meats.Damn you, Upton Sinclair!In addition, Kraft argued Sara Lee had its own hot dog advertising shenanigans.In a corporate legal battle example of Pee-wee Hermann''s famous retort, "I know you are, but what am I?," Kraft argued Sara Lee made its own false claims about how much beef there was in Oscar''s tubesteak. In addition, Kraft argued Sara Lee mislead consumers with taste tests by professional chefs proclaiming that Ball Park was America''s best franks.All jokes aside, the Wiener War in Sara Lee Corp. v. Kraft Foods Inc., may change the way companies market their products and establish limits for what merchants can say about their products and their competitors in advertising.Meanwhile, the court battle continues with weighty questions, such as "Do a bunch of San Francisco chefs know anything about Chicago hot dogs?" and, if you thought hot dog litigation was bad, just wait until companies start suing each other over other meats lots of people hate.When commenting on the litigation, Sara Lee''s Ball Park product director, Chuck Hemmingway said, "Simply put, we believe that these untrue statements are a bunch of bologna."First, they attack Oscar''s hot dogs, and now Oscar''s bologna? Mr. Hemmingway may want to watch out for the speeding Wienermobile. Oscar is not happy.____________________________August 12, 2011The Law of A&E''s Reality TV TroublesReality television tends to get lots of people into lots of trouble. From going to the slammer for failing to pay taxes on reality winnings to shooting sweet, innocent puppies with arrows, reality TV contestants have often been models of bad behavior. But what happens when it''s the reality show''s network getting in trouble? Our Case of the Week examines what happens when a reality show insinuates falsely that a woman tried to smuggle drugs into a jail via her vaginal cavity.Family DayMarlorita Battle was minding her own business visiting her husband, an inmate at the Riverbend Maximum Security Institution in Nashville, Tenn. Little did she know she was about to become a big, big star.On the day she chose to visit the prison, the A&E Television Network reality show, The Squad: Prison Police, was there, too. The Riverbend facility apparently had a drug problem, and there were allegations the contraband made its way into the prison compliments of visiting family members.It was time for some riveting reality TV drama.The episode of The Squad: Police Prison entitled, Conspiracy, began with Tennessee Corrections Special Agent John Fisher describing the Riverbend prison''s drug problem. He noted that an informant had indicated a woman was smuggling drugs into the prison on a regular basis."We''re expecting this lady today," Agent Fisher said, as A&E splashed Mr. Battle''s face on the screen.As Ms. Battle began what might have been a pleasant visit with her husband and small child, the A&E cameras moved in, and agent Fisher said, "We''ve identified the female subject and inmate," as a mugshot of Ms. Battles husband is shown to television viewers.Keystone Kops and the Nitty GrittyMs. Battle''s husband had the toddler on his lap, and the couple sat next to each other. Ms. Battle''s husband caressed her, and then Ms. Battle visited the restroom, causing Agent Fisher to use his supposedly excellent cop skills to determine a crime was in progress. Not unlike the Keystone Kops, Agent Fisher and his bumbling band of merrymen swung into action."Hold on now, she''s going to the bathroom," Agent Fisher says, adding, "Typically, these women hide stuff up their vaginal cavity [sic] and then go to the restroom to take it out. Now we are starting to get to the nitty gritty."The camera then shows the doors to the bathroom, triggering more amazingly astute analysis from Agent Fisherthis time its about the size of Ms. Battles bladder and her efficiency in the latrine."There she is, right there. See how fast she went in there. She didn''t have time to pee," Agent Fisher says.Apparently, Agent Fisher, unaware of a bygone era when gentlemen and ladies would not utter the verb, "pee," on national television, has a special mathematical formula for computing travel times for urine through the urethra and into the toilet, hand washing, mirror check, and egress from a restroom.Ms. Battle, allegedly carrying something in her hand, proceeded to kiss her husband, A&E provided a crashing cymbal sound to enhance the reality TV drama, and Agent Fisher exclaimed, "Some [expletive deleted] just happened. I think we got ''em. I think we got them."It was time for the brave men of law enforcement to swing into action with A&E there to capture all the zany fun.First, they conducted a strip-search, and then, they placed Ms. Battle''s husband in a so-called "dry cell." Its called a dry cell because there''s no running water, and thus, no way to get rid of contraband.They kept Ms. Battle''s husband in the dry cell for 24 hours. He neither urinated nor defecated any contraband.After releasing Ms. Battle''s husband from the dry cell, Agent Fisher called the incident a "false alarm," but he added more commentary during the closing credits of The Squad: Prison Police that would become significant in subsequent litigation. This is Courtweek, after allyou know someone''s gonna get sued."If you are dirty, if you are smuggling in contraband, drugs, cellphones, tobacco, then we''re going to catch you. We might not get you today, maybe next week, next month, next year, but eventually, we''re going to catch up with you, and we''re gonna get you. That''s what we do," Agent Fisher said.Reality TV in CourtMs. Battle sued A&E Television Networks, Inc., and Wild Eyes Productions, Inc., the producers of The Squad: Prison Police, in federal district court in Tennessee, alleging defamation and intentional infliction of emotional distress.A&E and Wild Eyes moved to dismiss the suit, arguing on the defamation claim that The Squad: Prison Police was not capable of defamatory meaning, noting that the program doesn''t claim Ms. Battle committed a crime, but instead "accurately reports the results of an investigation."The court didn''t buy it.Noting the camera angles, the ominous music, and the made-for-TV commentary of Agent Fisher, U.S. District Judge Kevin Sharp wrote:"Even though the Program indicates that a search of Plaintiff revealed no drugs, a jury could conclude from the overall way that the Program is presented that Plaintiff was a drug smuggler who just happened not to get caught on September 12, 2009. Such an impression is enforced by Agent Fisher''s parting comments to the effect that while we might not get you today, we will get you sooner or later if you are smuggling drugs into a Tennessee prison."In rejecting the attempt by A&E and Wild Eye''s to dismiss Battle v. A&E Television Networks, Inc., the court cited also the U.S. Supreme Court case of Milkovich v. Lorain Journal Co., and held that statements of opinion were not automatically protected from libel and slander claims on First Amendment grounds."After all, ''expressions of ''opinion'' may often imply an assertion of objective fact," the court said.The lesson we take from this week''s Case of the Week is that, before airing a show, A&E might want to make sure the subject is guilty of genital smuggling--or at least not put a cop on the air insinuating the innocent party just got lucky on that one occasion. After all, they could just put a bunch of people on a desert island, have a some obnoxious people become roommates, or have really untalented people sing.________________David Horrigan is an attorney, journalist, analyst at The 451 Group, editorial director at Courtweek.com, and former staff reporter and assistant editor at The National Law Journal. His articles have appeared also in The Washington Examiner, Law Technology News, The American Lawyer, The New York Law Journal, The San Francisco Examiner, Corporate Counsel, Texas Lawyer, Florida Lawyer, and Daily Business Review. E-Mail: dhorrigan@courtweek.comAugust 5, 2011The Law of Pig FumesHave you ever had a neighbor who cooked food they may have found tasty and delicious, but that emanated aromas reminiscent of aged Roquefort cheese and dirty baby diapers left in a garbage can in the hot sun? It would be most annoying, but would it be unlawful? Would the pungent aromas be trespassing onto your property?Believe it or not, the issue has been litigated, and, in this week''s Case of the Week, we learn whether various airborne items--chemical particulate matter, sewage plant smells, and pig farm fumes--are trespassing when they waft onto your property. People may disagree, and that''s okay. As we''ll discover, the courts disagree as well.Organic AirOluf and Debra Johnson had decided to get back to nature. They converted their Minnesota conventional family farm into an organic farm, hoping to achieve an organic food certification that would allow them to charge more for their farm fresh products.Soon the Johnsons were ready to enjoy their new organic Eden. As they began their new all-natural existence, they stopped using pesticides, and Mr. Johnson posted signs around the property, letting everyone know that the Johnsons'' new tree-hugging Utopia was a chemical-free zone.There was just one problem. The neighbors hadn''t joined the eco-friendly bandwagon.The Johnsons may have embraced Mother Nature, but their next-door neighbor, the Paynesville Farmers Union Cooperative Oil Company, was still spraying away. Pesticides and herbicides drifted onto the Johnsons farm.Seeing the neighboring farm much like a chinchilla sanctuary might view a petrochemical plant as a neighbor, the Johnsons filed complaints in 1998, 2002, 2005, 2007, and 2008. The Minnesota Department of Agriculture cited Farmers Union four times for violating Minn.Stat. 18B.07, subd. 2(b) (2010), which made it illegal to apply a pesticide resulting in damage to adjacent property.Having had enough of chemicals wafting onto their pristine, virginal, chemical-free land, the Johnsons sued in Minnesota state court in January 2009, alleging, among other things, that Farmers Union committed trespass by allowing its chemical fumes to invade their property.A state trial court was unconvinced. It granted summary judgment to Farmers Union, on all claims, including the trespass claim, holding that trespass by particulate matter was not recognized in Minnesota.Leading the charge for Birkenstock-wearing lovers of fields and streams everywhere, the Johnsons appealed.The Law of Pig FumesIn rejecting the Johnsons'' claim, the trial court relied on the Minnesota Court of Appeals'' decision in Wendinger v. Forst Farms, Inc., 662 N.W.2d 546 (Minn. App. 2003), review denied (Minn. Aug. 5, 2003). The facts leading to the court battle in Wendinger are every homeowner''s worst nightmare.The Wendingers and the Forsts had been neighbors for years. They had also farmed their lands for years, and the Wendingers built a new home on their land in 1984.In 1994, the Forsts entered into an agreement with Wakefield Pork, Inc., to construct and maintain a pig farm to house Wakefields'' pigs. In a design sure to make anyone nauseous, liquid pig waste was stored in an outdoor concrete lagoon. The pig poo was then pumped and spread on the fields each fall.As the scents from farmyard feces filled the ambient air, the Wendingers began to complain. Then, they filed scores of complaints with state and local authorities. Finally, they sued.Among their allegations was a claim for trespass, arguing the pig fumes entering their property constituted trespass.A trial court dismissed the trespass claim, and the Wendingers appealed. The Minnesota Court of Appeals affirmed, holding that the Wendingers'' claim was one for nuisance--not trespass--because the odors of which the Wendingers complained interfered with the use and enjoyment of their land, not with their exclusive possession of it.The trial court in Johnson used the Wendinger decision for the proposition that particulate matter traveling from one property to another could not constitute trespass. However, the appellate court in Johnson held the trial court read too much into the pig fume decision.Pesticides are not Pig FumesAlthough the appellate court in Wendinger used the phrase, "particulate matter," the appellate court in Johnson held all particulate matter is not alike."Nothing in our Wendinger analysis indicates that we intended the term particulate matter to define a unique category of physical substances that can never constitute a trespass," the court said. Basically, the court held pesticides are not pig fumes."Unlike the plaintiffs in Wendinger, the Johnsons do not claim trespass based on transient odors. Instead, they primarily complain that the liquid chemicals that the cooperative sprayed into the air from neighboring fields drifted, landed, and remained on the Johnsons'' organic crops in detectable form, contaminating them." Judge Kevin Ross wrote for the court.Where the Wendinger court said there was no trespass because the pig fumes only affected enjoyment of the land, not possession of it, in ruling for the Johnsons, the appellate court in Johnson held that pesticides can affect both possession and enjoyment."The errant dispersion of pesticides, which contain chemicals designed to affect the land, can interfere with possession," the court said.So, the next time youre cooking your Aunt Betsys Garlic and Sauted Sardine Surprise, youre probably okay--even if it does ruin the ambiance of your neighbor''s garden. But, if you spray Raid, and it ends up in your neighbors Cheerios, he may just lawyer-up.______________________________July 28, 2011The Law of Protecting Celine DionHow important is protecting Celine Dion?After all, she sells millions of records, and many middle-aged women adore her. However, there are millions more who would rather spend a weekend in an Iranian torture chamber than listen to Ms. Dion sing the theme from Titanic for the 4,761st time.The woman may need some protection.Well, in a development that may damage U.S.-Canadian relations and come as a shock to fans of syrupy, schmaltzy pop music, a federal appellate court has held that serving as Celine Dion''s bodyguard does not constitute an original contribution of major significance in a field of endeavor sufficient to warrant the granting of a EB-1 visa.The BodyguardHad the court heard the case of Kevin Costner''s character protecting Whitney Houston in The Bodyguard, the whole thing might have gone differently. Mr. Costner''s character had made a major contribution in the field of celebrity personal protection by serving as a U.S. Secret Service agent. Such a high level of demonstrated skill and accomplishment might have brought him a visa.But what if, instead of being employed by the U.S. Department of the Treasury to be part of elite squad of livesavers, Mr. Costner had been employed to protect the top-selling female Canadian recording artist of all time by the pride of Charlemagne, Quebec herself?Would the United States grant a visa to the man who had protected Canada''s fourth most famous export--next to Keanu Reeves in Bill and Ted''s Excellent Adventure, maple syrup, and those deeply disturbing Sarah McLachlan commercials with the abused puppies and kittens?Nikolaos Skokos thought they should.Mr. Skokos, a security consultant for Celine Dion, applied to the United States Department of Homeland Security (DHS) for an EB-1 visa, and DHS rejected him. Apparently, DHS didnt think protecting the vocal cords that brought Beauty and the Beast to warm the hearts of little children was important enough.To see what an affront this might be to Ms. Dion''s throngs of adoring fans, it helps to know a little bit about the legal process behind granting visas to enter the United States.Legal TitanicIn addition to establishing a lottery for certain visas and dropping homosexuality as a basis for exclusion from the United States, the Immigration Act of 1990 created the EB-1 visa to attract immigrants with exceptional talents and skills.The EB-1 visa has three types, one for multinational executives and managers, one for professors and researchers, and one for applicants of extraordinary ability. Two of the ways an applicant can demonstrate this extraordinary ability are showing he had made original contributions of major significance to his field of endeavor under 8 C.F.R. 204.5(h)(3)(v) or showing she was paid a high salary compared to others in her field under 8 C.F.R. 204.5(h)(3)(ix).Not only did DHS feel that protecting Celine Dion did not meet this standard of excellence, the U.S. District Court for the District of Nevada agreed with DHS, holding for the government and rejecting an appeal filed by Mr. Skokos.In the legal equivalent of running the Titanic into an icebergwhile listening to Celine Dion sing about it as Leo and Kate flail in the frigid waters of the North Atlantic, Mr. Skokos appealed to the U.S. Court of Appeals for the Ninth Circuit in Skokos v. Department of Homeland Security, and fared no better.The appellate court held Mr. Skokos failed to establish that his work for Ms. Dion constituted an original contribution of major significance to the field of bodyguarding. In addition, the court held he failed to establish that he was paid more than most celebrity bodyguards.The court noted Mr. Skokos claimed he was far more than a bodyguard--he supervised guards, made security arrangements in the exotic destinations where Ms. Dion shot her mesmerizingly dramatic videos, and provided around-the-clock protection for Ms. Dion and her family. Nevertheless, the court was unmoved that protecting the valuable Canadian export was sufficiently significant to get a visa.The court noted the high standard for granting an EB-1 visa, citing the case of Kazarian v. USCIS, where a physicist who had published articles, written a textbook, and lectured extensively didnt even qualify for an EB-1 visa because his work--although satisfying the criterion for authorship of scholarly articles--did not establish that his work was of major significance in the field of physics.But, is writing scholarly articles and lecturing on physics at universities really as important as ensuring the gaffer and the best boy don''t snag Celine Dion''s Perrier from the buffet table?Of course, some people have managed to prove they are important and accomplished enough to get an EB-1 visa. Golfer Nick Price got one, but--unlike Mr. Skokos--he had won multiple championships, earned over a million dollars in prize money, and he had Jack Nicklaus, Lee Trevino, and Hale Irwin execute affidavits supporting his position.If only Mr. Skokos had managed to get a raise from Celine Dion and recommendations from Gladys Knight and the Pips.______________________________David Horrigan is an attorney, journalist, analyst at The 451 Group, editorial director at Courtweek.com, and former staff reporter and assistant editor at The National Law Journal. His articles have appeared also in The Washington Examiner, Law Technology News, The American Lawyer, The New York Law Journal, The San Francisco Examiner, Corporate Counsel, Texas Lawyer, Florida Lawyer, and Daily Business Review. E-Mail: dhorrigan@courtweek.comJuly 20, 2011American Idol''s American LitigantMany contestants on the hit television show, American Idol, may believe Simon Cowell is a somewhat nasty fellow. He berates participants, calls them names, and generally makes people wonder if his momma taught him any manners. Nevertheless, most of these verbal salvo victims don''t sue. But, one did, leaving us with the question: Does Simon Cowell''s boorish behavior on American Idol violate Title VII of the Civil Rights of 1964?Effeminate Idol?In what some take as evidence of the decline of Western civilization, American Idol, the American spin-off of the British program, Pop Idol, has become one of the most successful shows on television. Contestants participate in singing competitions to win recording contracts, and the winners, including singers Kelly Clarkson and Carrie Underwood, have gone on to fame and fortune.Some of the contestants weren''t as talented. One of those contestants was Ian Bernardo.Mr. Bernardo first appeared on American Idol in 2006 on the opening show of the season. These season-opening audition shows feature a few acts that will advance in the competition and a few acts that will come close. They also feature performers with no reasonable chance of advancement. These contestants--possessing little or no talent--apparently appear to provide comedic material by making fools of themselves. Apparently, Ian Bernardo was one of these comedic contestants for the 2006-2007 season.Not surprisingly, Mr. Bernardo was unsuccessful in his American Idol audition. However, Mr. Bernardo--who described himself as "having a non-conforming appearance based on gender stereotype," which a U.S. District Court interpreted to mean that "he appears to conform to a stereotype of an effeminate homosexual male"--did make subsequent appearances on the show for the 2006-2007 season finale and for Simon Cowell''s final appearance on the show in May 2010.The Courthouse AuditionClaiming he was an employee of American Idol Productions Inc. on each of his appearances, Mr. Bernardo claimed also that he was subject to discrimination and harassment due to his sex on each of his appearances. He claimed American Idol Productions employees told him to "gay it up" and that producers conditioned his appearance on Mr. Cowell''s farewell show on Mr. Bernardo''s willingness to be "outrageous, flamboyant, and really gay."Claiming he was also subject to epithets such as "fag" and "homo," Mr. Bernardo filed a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). He obtained a right to sue letter from the EEOC and sued American Idol Productions for violations of Title VII of the federal Civil Rights Act of 1964 and New York State law.American Idol Productions moved to dismiss the case, making several arguments. In addition to claiming Mr. Bernardo suffered no adverse employment action, the producers argued Mr. Bernardo had failed to make a case for hostile work environment under Title VII. Although the court conceded that--if true--the conduct at the Simon Cowell farewell show would constitute a hostile work environment, the court rejected Mr. Bernardo''s legal argument.Noting Title VII is not a civility code and that discrimination on the basis of homosexuality is not prohibited under Title VII, the court held Mr. Bernardo had not established that gender stereotyping, which is prohibited by Title VII, had so permeated the workplace so as to create a hostile work environment.The court went on to dismiss all Mr. Bernardo''s claims, noting, "He, like everyone else with a modicum of talent (or less) who auditions for American Idol, chose to appear on a program that was famous for its judges'' insulting behavior. Benardo went on the air after being told what was expected of him, and he knew what to expect. Having volunteered to be insulted, he cannot now claim that he was sexually harassed."There was no word as of press time as to any possible Ian Bernardo appellate audition at the Second Circuit._____________________July 10, 2011Suing After Ferocious Puppy PanicPeople are injured in Americas stores, streets, and subways all the time, making personal injury law a big business. Its also one of the most contentious. Some cases may seem easy, but what if youre injured after being chased down a supermarket aisle by a charging dog owned by a store employee? Should the store be liable? Two Mississippi courts disagreed recently. Of course, it helps if you know something about the dog.Attack in the Artichoke AisleLenetra Outlaw decided to do some shopping at her local Penny Pinchers discount grocery store in West Point, Miss., one day in Aug. 2006. An otherwise pleasant shopping day took an unfortunate turn when Ms. Outlaw heard a sound that gripped her with fear and panic.She heard a dog bark.Ms. Outlaw then heard the terrifying sound of dog claws on Penny Pinchers'' floors as the possibly ferocious beast came charging down the aisle. Ms. Outlaw, who said she was extremely afraid of dogs, decided it was time for drastic evasive maneuvers.She ran down the aisle, made a turn, and sought refuge from her brutal foe. Not finding a safe place in the aisle, she ran into a freezer. Thinking that wasnt safe enough--after all, she probably saw the movie, Cujo--Ms. Outlaw leaped on top of the freezer. In her Quixotic quest to escape Armageddon, Ms. Outlaw exacerbated a previously existing hip injury, and decided to sue Penny Pinchers and Cindy Scott, the store manager who owned the attack dog.A Mississippi state court jury found for Ms. Outlaw and awarded her $130,000, finding Penny Pinchers 70 percent at fault and Ms. Scott 30 percent to blame.At this point, you may be wondering, What''s so interesting about this case?Remember at the beginning we told you it would help if you knew a little about the dog?Baby Weiner DogIt turns out this allegedly ferocious attack dog was nothing more than a four-month-old Dachshund puppy. That''s right. A little weiner dog weighing four pounds.It seems Ms. Scott brought the adorable puppy named Sophie to work every day. The pleasant little puppy had never attacked anyone before. Ms. Scott kept Sophie behind the counter--not to protect customers, but so that no one would step on the little thing. Rather than a 150-pound Rottweiler with a spiked collar, Ms. Outlaw jumped on top of a freezer in mortal fear of a tiny weiner dog puppy.Given this fact pattern, Penny Pincher and Ms. Scott decided an appeal was in order. The issue facing the Mississippi Court of Appeals in Penny Pinchers v. Outlaw: Did the presence of the four-month-old Dachshund puppy create an unreasonably dangerous condition at Penny Pinchers that day?The court noted that the Mississippi Supreme Court had held that dogs are not dangerous per se. The Magnolias State''s dog-loving supreme court held in Poy v. Grayson that to impose liability on a dog owner for personal injuries, a plaintiff must show the dog had a propensity for violence and that the owner knew it.The court in Penny Pinchers noted that the four-month-old, four-pound bundle of love, Sophie the Weiner Dog, had a clean record.Citing the Mississippi Supreme Courts 1969 decision in General Tire & Rubber Co. v. Darnell, the court went on to hold that a premises does not have to be completely safe from any hazardonly reasonable safeand that the plaintiffs own actions can be a factor."We acknowledge Outlaw''s extreme fear of dogs. However, we cannot say that it was reasonable for Penny Pinchers to anticipate that anyone, even someone with a great fear of dogs, would have such a reaction to Sophie''s presence in the store," Judge Thomas Griffis wrote for the court.Thus, we feel confident in saying, if you hurt yourself jumping on top of a freezer to escape a four-pound Dachshund puppy, don''t bother suing anyone because its probably your own fault.__________________________June 29, 2011A Defamer''s Guide to ''Dirtbag v. Dirtbag''What does it really take to slander or libel someone? The law of defamation can be complex, but a New York state court recently tried to sort out this weighty issue: What is a "dirtbag," and is the term defamatory?The issue arose after a man named William Schumacher penned comments that another man, John Acheson, was "the biggest dirtbag" he had ever met in his life. Acheson sued Schumacher before Westchester City Court in what, amusingly, could become a seminal case of black letter law. Apparently, no other U.S. court has ever issued a reported decision on the issue of whether it is defamatory to call someone a "dirtbag."Citing a New York precedent, the court in Acheson v. Schumacher said libel or defamation was "a writing or broadcast that tends to expose the plaintiff to public hatred, contempt, ridicule, or disgrace." The court went on to cite the five proving elements of the tort, including the truth or falsity of the statement and whether the complaining party actually sustained damages.Without offering any citation, the court defined "dirtbag" as "an informal term" meaning "a dirty, grimy, sleazy, or disreputable person." The court went on to explain various possible meanings for Mr. Schumacher''s allegedly defamatory statement. Did Schumacher mean that Acheson was the physically largest of the dirtbags he had known? Or perhaps just one of the most powerful? The court surmised also that Schumacher may have believed Acheson to be "just a tad worse" than the other dirtbags he had known.The point the court was making was that -- in any case -- these statements would all be opinions. Citing the case of Gilliam v. Richard M. Greenspan, P.C., the court held that statements of opinion are not defamatory. (In Gilliam, one lawyer penned a nastygram, saying unflattering things about another lawyer. The court held it was opinion and threw out the case.)But don''t take these court decisions as a license to spew any insult you please. In Lund v. Chicago and Northwest Transp. Co., a Minnesota appellate court held that certain epithets -- in that case, the unfriendly word "s---head" -- used alone might be only "unactionable rhetorical hyperbole," but combined with other defamatory words or statements, such words could "take on actionable characteristics."It also matters where and when insults are hurtled. In National Recruiters Inc. v. Cashman, the Minnesota Supreme Court found it slander when a plaintiff was called "a no-good loser; a no-good son of a bitch" in the context of an employment reference.Other courts are more hostile toward such lawsuits. When ESPN posted a photo of daredevil Evel Knievel and his wife with the caption, "Evel Knievel proves you''re never too old to be a pimp," the Knievels sued the network for defamation. They lost on the grounds that a reasonable person would not have taken the photo and caption to mean Evel was literally a pimp and Krystal his prostitute, despite their 29-year age difference and his rose-tinted glasses in the photo.And Florida courts have held that even such insults as "cockroach" and "mega-scumbag" do not constitute defamation, nor do references to a woman''s "poor feminine hygiene." Despite being "crude and indecent," such comments were considered permissible as "satirical hyperbole."The bottom line is that you can freely call someone a dirtbag or a mega-scumbag, but be careful the next time you write a letter of recommendation. If you can''t say something nice, at least don''t say anything that will get you sued.___________________________David Horrigan is an attorney, journalist, analyst at The 451 Group, editorial director at Courtweek.com, and former staff reporter and assistant editor at The National Law Journal. His articles have appeared also in The Washington Examiner, Law Technology News, The American Lawyer, The New York Law Journal, The San Francisco Examiner, Corporate Counsel, Texas Lawyer, Florida Lawyer, and Daily Business Review. E-Mail: dhorrigan@courtweek.comRead more at the Washington Examiner: http://washingtonexaminer.com/opinion/op-eds/2011/06/defamers-guide-dirtbag-v-dirtbag#ixzz1Qfc82pzXJune 12, 2011The Law of Ben & Jerry''s and Natural BeansHave you ever wondered just what "all natural" means? There was once a professor who reminded his students that the bubonic plague was all natural. Various merchants--from sellers of cereal to purveyors of popcorn--claim their products are "all natural." Ben & Jerrys claimed its ice cream was all natural, but the Center for Science in the Public Interest didnt agree, so they got someone to sue Ben & Jerry''s.So, we can attempt to discover once and for all just what all natural means, the tale of Chubby Hubby, Chunky Monkey, and Cherry Garcia defending their honor gets to be this week''s Case of the Week.Activist ice creamIn the 1970s, childhood friends Ben Cohen and Jerry Greenfield took a correspondence course in ice cream making. Then they scraped up $12,000, opened an ice cream shop in an old Vermont gas station, and delivered dairy products in a station wagon. Ben & Jerry''s Homemade Inc. was born, and, as they say, the rest is history.Ben & Jerry''s expanded quickly. Not only was the company known for its tasty ice cream with imaginative names, Ben & Jerry''s became known as a leader in social and environmental activism. The growing company tried to promote world peace, and--from green dairy farms to recycled supplies--Ben & Jerry''s made environmental stewardship a focal point of its operations. In addition, Ben & Jerry''s donated 7.5 percent of the companys pre-tax profits to charity through the Ben & Jerry''s Foundation. In 2000, Ben and Jerry sold the company to Unilever.Although they are now very rich dudes, Messrs. Cohen and Greenfield and their ice cream operation still conjure up images of granola, Birkenstocks, peace signs, and...well...things that are all natural. Of course, the labels of Ben & Jerry''s ice cream read all natural, too. Some people didn''t think it was natural enough.Dutch chocolateAlthough Amsterdam may be more famous for Rembrandt, the Rijksmuseum, and reefers, some people believe the Netherlands is also famous for Dutch chocolate. But, does anyone really know what Dutch chocolate is? Hint: it''s a little more complicated than just being made near The Hague.Chocolate is produced when seeds from cocoa beans are fermented and dried and mixed with fat and powdered sugar. Cocoa powder can be made in two forms: unalkalized cocoa or Dutch-process alkalized cocoa. The unalkalized cocoa is made by merely pressing the beans. The process produces a light brown, very acidic powder.Dutch-process cocoa, on the other hand, is produced by cocoa nibs with a mild alkali solution to raise the pH and thus, lower the acidity. This process improves taste, color and solubility, but it also destroys many of the flavonols, which are believed to have health benefits. Ben & Jerry''s used the Dutch alkanization process.All Natural?The Center for Science in the Public Interest (CSPI) doesn''t think alkanized cocoa is all natural, so it contacted Unilever, demanding that the company remove the words all natural from both Ben & Jerry''s and Breyers ice cream, another brand the company owns. Ben & Jerrys agreed to remove the phrase, all natural, from any products containing alkanized cocoa. Breyers did not.CSPI organized a class action with the ice cream-enjoying Skye Astiana as lead plaintiff of a band of ice cream eaters who hate the allegedly unnatural Dutch chocolate, and sued Ben & Jerry''s in the U.S. District Court for the Northern District of California in Astiana v. Ben & Jerry''s Homemade Inc. They alleged violation of both federal and California law in the labeling of the ice cream as all natural even though its cocoa contained potassium carbonate from the alkanization process.Specifically, the CSPI plaintiffs argued Ben & Jerry''s committed fraud and engaged in false advertising in violation of California Business & Professions Code 17500. In addition, CPSI claimed Ben & Jerry''s violated regulations promulgated by the federal Food and Drug Administration (FDA).Ben & Jerry''s filed a motion to dismiss the case, making numerous arguments, including debating the definition of all natural.The ice cream makers argued that "all natural" was a term of art under FDA and U.S. Department of Agriculture (USDA) regulations. Thus, Ben & Jerry''s argued, for the CSPI plaintiffs to have been deceived by the all natural packaging, they would have had to have possessed an intimate familiarity with the FDA''s natural policy as well as the USDA''s regulations about what constitutes a synthetic process.Ben & Jerry''s was taking the position that Ms. Astiana was merely an ice cream lover and not a federal regulatory expert.In addition, Ben & Jerry''s argued a prospective class plaintiff would have had to taken that extensive regulatory knowledge, then actually have seen the all natural phrase on the package, and then made her own analysis that the ice cream was either not alkanized or that the alkali used in the Dutch cocoa process was not synthetic under the USDA regulations.After all that, under Ben & Jerry''s argument, the potential plaintiff would have had to have relied on that regulatory analysis in deciding to enjoy that pint of Chubby Hubby. Ben & Jerry''s argued that when the reasonable consumer bought her Chunky Monkey, she was not assuming all natural meant alkanized with sodium carbonate and not potassium carbonate.The court wasn''t buying it--at least not for now.The court denied Ben & Jerry''s motion to dismiss, holding that the dispute was too fact-dependent to be thrown out at this point."Moreover, the fundamental dispute--what is a natural product?--will likely present some factual disputes. The only FDA guidance appears to be a distinction between natural and synthetic in the policy, but that definition in the Federal Register is qualified as meaning something that would not normally be expected to be in food. Surely, that characterization raises multiple linguistic and philosophical questions, not to mention factual questions," U.S. District Judge Phyllis Hamilton wrote for the court.So, the battle between Ben & Jerry''s and the enemies of Dutch chocolate will continue. What have we learned this week? Well, according to the U.S. District Court for the Northern District of California, there really isn''t any definition of "all natural"...at least for the moment._______________________________June 5, 2011The Law of Bees and BudsWhat does it mean to operate a motor vehicle? It seems to be a simple question. Get a bunch of lawyers and judges involved, and it becomes anything but. Although alleged drunk driving cases are where this question is asked most often, this week''s "Case of the Week" asks it in a different setting.What about when that motor vehicle is attacked by a swarm of bees?Unhappy HiveOne May day in 2009, Michael Corpus called animal control for the city of McAllen, Tex. It seems he was having a bit of a problem with a beehive.City of McAllen Animal Control Officer Roberto Mata responded to the call, and upon arrival at the scene, Mr. Corpus asked Officer Mata to accompany him to the hive with the swarming army of displeased bees.Possibly remembering what happened to the fools who tried to go into a hotel room with Mike Tyson''s tiger, Officer Mata said something along the lines of: "I don''t think so; Homey don''t play that," and refused. Officer Mata insisted Mr. Corpus accompany him to the hive.So the two gentlemen entered Officer Mata''s animal control vehicle, equipped with animal protection equipment. Officer Mata donned protective gear and approached the hive of danger, but he instructed Mr. Corpus to remain safely in the animal control vessel as the engine remained running.Things would have been just fine and dandy had Officer Mata not done something that may have been somewhat unwise.Insects Attack!Not unlike a Saturday Morning Super Hero decked out in protective gear as he makes Saturday mornings safe for kiddie sales of sugary cereal and overpriced toys, Officer Mata approached the hive in his protective animal control gear. Then, the swashbuckling hero of animal protection began spraying the bees.Guess what happened next?Shockingly, the bees attacked. But, no worries. Officer Mata was protected by his animal control gear. The problem was what Officer Mata did next.To escape the mighty swarm, Officer Mata ran to the truck, opened the door, and hopped in.The only problem, of course, was that, when he opened the door to the animal control truck, he let in a bunch of very angry bees--who proceeded to have a field day biting the [expletive deleted] out of the unprotected corpus of Mr. Corpus.Mr. Corpus was not amused.What do unamused people do in this column? They sue.The Law of Bees and CarsMr. Corpus sued the city of McAllen, alleging Officer Mata''s negligent operation of his city-owned vehicle cased serious injuries to Mr. Corpus.Operating a motor vehicle? What about spraying the bee hive and opening the truck door so the bees could turn Mr. Corpus into a walking, talking pin cushion.Actually, Mr. Corpus had a smart lawyer.You see, government entities are usually only liable in civil suits if they waive what lawyers call sovereign immunity, the government''s immunity from legal actions. Governments waive sovereign immunity for certain activities. Basically, you can sue the government only if the government says you can sue the government.One of the exceptions to sovereign immunity in Texas is for operation of motor vehicles. If Mr. Corpus'' lawyer could show Officer Mata was operating the animal control truck, then he would have a case under the exception to sovereign immunity.So just what does it take to be operating a motor vehicle?If you asked a bunch of convicted drunk drivers, they would probably tell you Officer Mata was operating the animal control truck. That''s because courts have held that, to be guilty of drunk driving, all one must do is sit in the drivers seat with the key in the ignition.Bud or Bees?For instance, in People v. Wood, Andrew Wood had a very unfortunate night at McDonald''s. When he pulled up to the drive-up window in his van, he passed out--with his car running--and, giving new meaning to the phrase, "This Bud''s for you," he had a can of Budweiser between his legs. At least it wasn''t hot coffee. Oh yeah, he also had a cooler full of marijuana on the front seat.The legal story from the bad night at the Golden Arches wasn''t so bad for Mr. Wood at first. Both a trial court and an intermediate state appellate court threw out the evidence against him, holding he was not operating his van at the time of the arrest and search.However, the Michigan Supreme Court reversed both courts and held Mr. Wood was operating the motor vehicle even though his van wasn''t moving, and he had his foot on the brake. Noting that his van was running and in drive, the state''s high court held he was operating the vehicle because he had put the vehicle in motion, was still in control of it, and the vehicle still posed a danger to the public. In doing so, the court reversed two previous Michigan cases that held one could not be sleeping and operating a motor vehicle at the same time.Actual physical control of the vehicle is the standard used by many jurisdictions, and in Illinois, Michigan, Minnesota, and Nevada, that control can be maintained while sleeping.Putting the key in the ignition will get you in some states, including Vermont. In the Vermont Supreme Court case, State v. Helton, one hapless, inebriated fellow was convicted of DUI for merely putting his keys in the ignition to roll up his car windows--after he had gone to retrieve his vodka from the car.Note to self: appoint a designated sober window operator.So what about Officer Mata, was he in control of the vehicle and thus operating it for purposes of Mr. Corpus bee attack case?Departing from the case law of other states, both the trial court and the Texas Thirteenth Court of Appeals said "no.""The animal control truck was not in operation; it was parked. Corpus was injured when the bees entered the cab of the truck where he happened to be sitting. Although we do not condone Mata opening the truck door and exposing a passenger not wearing protective gear to agitated bees, we nonetheless cannot conclude that Corpus''s injuries resulted from the operation or the use of the truck," Judge Nelda Rodriguez wrote for the court.So for this week, we''ve established that you are operating a vehicle in Michigan if you''re asleep at the wheel in the McDonald''s drive-through with weed on the seat and Budweiser between your legs, but that you''re not operating a running vehicle in Texas with a swarm of bees on the seat and between your legs.Either way, its not a Happy Meal._____________________________David Horrigan is an attorney, journalist, analyst at The 451 Group, editorial director at Courtweek.com, and former staff reporter and assistant editor at The National Law Journal. His articles have appeared also in The Washington Examiner, Law Technology News, The American Lawyer, The New York Law Journal, The San Francisco Examiner, Corporate Counsel, Texas Lawyer, Florida Lawyer, and Daily Business Review. E-Mail: dhorrigan@courtweek.comRead more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/06/law-bees-and-buds#ixzz1OXOJfS6kMay 29, 2011The Law of Rambo and Air FreshenersOur column two weeks ago about the Fourth Amendment has generated some discussion about just what will negate yourFourth Amendment protections and allow the cops to haul your posterior end to jail. As a public service to help our readers remain free from bondage, we will, from time to time, present our Case of the Week: Fourth Amendment Follies edition.This weeks helpful hint: Don''t use too much air freshener.Druggies from CharlotteRobert Little was traveling through the pleasant North Carolina hamlet of Thomasville early one August morning in 2008. It might not have been any big deal, but it was 4:03 in the morning, and Mr. Little was driving an old Buick with a malfunctioning headlight.Bonus reader helpful hint! If you''re carrying contraband, don''t drive through a small Southern town at 4:03 in the morning in an old Buick with a busted headlight. Bad things will happen. At least wait until 5:00 when the first batch of doughnuts comes off the conveyor belt at the local Krispy Kreme.Because Mr. Little didn''t get the memo on suspicious vehicles lurking through the Bible Belt during the wee hours of the morning, he got to meet Officer Adam Kallfelz of the Thomasville Police Dept.Officer Kallfelz observed three things that made him decide it was time for back-up.First was Mr. Little''s nervous and agitated demeanor. Second, Mr. Little said he was traveling from Charlotte. Finally, Mr. Little had approximately 10 tree air fresheners hanging from the rear-view mirror.Before we get to those pesky air fresheners, please allow us to defend the good people of Charlotte, North Carolina. You''re a fine city with an economy built on good barbecue and Bank of America overdraft fees, and--unlike Office Kallfetz--we don''t think you''re a bunch of druggies. We don''t think people should be stopped by the cops just because they''re coming from Charlotte.But, back to those tree air fresheners.Rambo RaidA nervous dude driving from Charlotte with 10 air fresheners made Officer Kallfelz realize he needed a crime deterrent.It was time for Rambo.At 4:07 AM, Officer Kallfelz called Officer Christopher Leonard, asking him to bring his partner, Rambo.Not unlike Sylvester Stallone searching swamps for sadistic Viet Kong alumni, Rambo, a drug dog, went over that old Buick like a frat boy going through sofa cushions looking for that lost last joint.Rambo signaled for the presence of narcotics in the Buick''s door, and Mr. Little was arrested for being a felon in possession of a firearm.Mr. Little moved to suppress the evidence, arguing the search was illegal, but a trial court denied the motion, holding that the stop and the search were lawful. Mr. Little appealed.Air Freshener JurisprudenceIn his appeal to the North Carolina Court of Appeals, the Tar Heel State''s intermediate appellate court, Mr. Little argued in State v. Little that the search was improper because the cornucopia of air fresheners did not provide reasonable suspicion for extending the stop until Rambo arrived.Unfortunately for Mr. Little, North Carolina has a proud tradition of air freshener jurisprudence. They even go after Santa Claus if there''s air freshener involved.In State v. Hernandez, the North Carolina Court of Appeals held a stop was proper when it was based, at least in part, on Christmas tree air fresheners.In Hernandez, Trooper Jonathan Whitley of the North Carolina Highway Patrol stopped a vehicle when driver Jose Hernandez removed his seatbelt while still operating his vehicle. Not unlike with Mr. Little''s arrest, air fresheners would help lead to Mr. Hernandez''s undoing."I noticed there were several of these Christmas trees, air fresheners in the vehicle. I noticed a strong odor coming from the vehicle," Trooper Whitley testified in defending his actions.Christmas tree air fresheners as a basis for detaining a motorists? Well, the court upheld the stop, and the court in Little followed the court in Hernandez."Facts giving rise to a reasonable suspicion include nervousness, sweating, failing to make eye contact, conflicting statements, and strong odor of air freshener," Judge Martha Geer wrote for the court in Little.And, if you think North Carolina is the only state fighting the war on air freshener, you would be wrong.In Commonwealth v. Watts, the Massachusetts Appeals Court held reasonable suspicion could be based, in part, on the presence of fabric softener drier sheets.The federal courts have joined this attack on pleasant aromas as well. In United States v. West, the Tenth Circuit proclaimed, "The Tenth Circuit has consistently held that the scent of air freshener is properly considered as a factor in the probable cause analysis, and in the Eleventh Circuit held in United States v. Wright that evidence of a drug conspiracy existed based partially on the fact that two persons entered the Winn-Dixie together to purchase carpet freshener and fabric softener; materials known to be used to mask the odor of cocaine.Many other federal circuits, including the Third, Fifth, Seventh, Eighth, and Ninth, have upheld convictions based, in part, on the presence of fabric softener, and in United States v. Edmonds, the Third Circuit upheld a trial court''s refusal to believe a drug mule was a mere unsuspecting courier. Why? She brought along a box of Bounce fabric softener sheets.So, the lesson from this week''s Case of the Week: with a Mountain Fresh scent filling the air, your dorm hall monitor in college didn''t believe you then, and the cops don''t believe you now. If you have contraband and notice Rambo sniffing your car, ditch the fabric softener...Bounce can get you busted.____________________________Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/05/law-rambo-and-air-fresheners#ixzz1Nvzi9iNpMay 22, 2011The Law of Airport TipsHave you ever been sitting in a hotel room, staring at a room service bill, trying to determine whether the service charge added to your bill is the tip? And let''s not even get started with deciphering the cryptic hieroglyphics known as the cable bill.But what if your employer hoisted a sign informing customers there would be a two-dollar charge for your services? Would that payment be your tip? Would posting that sign get somebody sued? Of course, it would. This is the Case of the Week.Air a la carteOur story begins in Sept. 2005, when American Airlines began charging a $2.00 fee for passengers to check a bag at curbside.Before this policy began, curbside check-in was free, but customers tipped the skycaps--usually a dollar per bag--for curbside service. Until American went and messed up things, most skycaps earned most of their earnings from tips.As the airline industry faced significant financial problems, airlines began charging for many services that had been free. This a la carte fee system affected everything from headphones to handbags.Want to watch the in-flight movie? No problem. That''s free. Want to hear it? Two dollars for headphones, please. Want to eat? Pay up.Pay2Pee, the world''s first aircraft pay toilet, can''t be far away.At the moment, we can add curbside check-in to our non-complimentary airline a la carte menu.American--and its subcontractor actually employing the skycaps--made out like Tijuana bandits. The charge was designed to defray the cost of curbside service in a dark and dreary economy, but it actually became a profitable business venture for all...except the skycaps themselves.Many passengers thought American''s $2.00 fee was the tip. Others felt $2.00 per bag was enough to pay for curbside service. The end result was the same: the skycaps lost a significant amount of their income as tips plummeted.Suing SkycapsTwo skycaps at Boston Logan International Airport sued American and the contractor, seeking class certification and arguing that American''s curbside fee violated the Massachusetts statute governing tips, Mass. Gen. Laws, ch. 49, 152A (2008), constituted tortious interference with an advantageous relationship, unlawful conversion, and unjust enrichment under Massachusetts law, and that the skycaps were entitled to restitution under the legal theory of quantum meruit.The skycaps'' employer was dismissed due to an arbitration agreement, and American removed the case from a Massachusetts commonwealth court to federal court.The skycaps argued Massachusetts law prohibited American from charging the curbside baggage fee because the fee qualified as a service charge under the commonwealth law because it was a fee that a consumer would reasonably expect to be given to the skycap.American countered that the skycaps suit was preempted by the federal Airline Deregulation Act of 1978. When a federal law preempts a state law on an issue, the federal statute has sole jurisdiction, and the state statute is preempted and nullified for purposes of that dispute.The District Court held for American on several grounds, but held for the skycaps on the preemption argument. Thus, the claims under the Massachusetts tips law and for tortious interference were tried to a jury.Big TippersIt turned out the jury was a bunch of big tippers. The jury found for the skycaps in April 2008 and awarded damages in the amount of $2.00 to each skycap for every bag handled between Sept. 2005 and the verdict.Thus, the jury awarded the nine prevailing plaintiff skycaps approximately $333,000 in damages plus interest and attorney fees. One plaintiff skycap from the St. Louis airport did not get to share in the bounty because--as a citizen of Missouri--he was not covered by the Massachusetts tip law.But, our story is not over. Cheap tippers can rejoice. American appealed, and the First U.S. Circuit Court of Appeals handed down a decision bound to make Parisian tourists do a happy dance.The First Circuit reversed the district court and ruled for American in DiFiore v. American Airlines, Inc., holding that the Massachusetts tip statute was, in fact, preempted by the federal Airline Deregulation Act.Although the appellate court conceded there was conflicting case law, it relied on three U.S. Supreme Court cases, Morales v. Trans World Airlines, Inc., American Airlines, Inc. v. Wolens, and Rowe v. New Hampshire Motor Transport Assn, in holding that the federal law preempted the Massachusetts tip statute vis--vis the skycaps tips.The court held the commonwealth''s law was preempted when applied to Ameircan because it was related to a price, route, or service, noting that related to and service were statutorily broad terms.The First Circuit rejected the skycaps'' argument that the tip law''s connection to airline price, route, or service was so tenuous, remote, or peripheral as to not trigger preemption under Morales or Rowe."This, to borrow an apt airplane image, is walking into a rotating propeller: the advertising and service arrangements are just what Congress did not want states regulating, whether at high cost or at low. When the Supreme Court invoked the rubric ("tenuous, remote, or peripheral"), it used as examples limitations on gambling, prostitution, or smoking in public places--state regulation comparatively remote to the transportation function," the court said.So, next time you go to the airport, please remember that--because a federal court has ruled that curbside check-in is not like betting on ponies, retaining the services of a hooker, or smoking a joint at baggage claim--these guys aren''t protected by the Massachusetts tip statute.Even if you pay an airline curbside baggage fee, please, folks, tip your skycap.________________________May 14, 2011The Fourth Amendment and the Law of Bongs and BaggiesThe Fourth Amendment provides some of our greatest protections from government. It keeps colonial constables out of our tea, J. Edgar Hoover and the FBI out of our mothers underwear drawers, and seizure-hungry sheriffs out of our Chevys.Yet, as with anything, the Fourth Amendment is not absolute. The Fourth Amendment prohibits only unreasonable searches. Thus, if police have probable cause for a search, its not unreasonable, and the Fourth Amendment won''t stop it. In fact, the Fourth Amendment has a specific clause allowing searches with probable cause.A recent Massachusetts case gets to be our Case of the Week because it addresses the novel legal question: Does the presence of a bong and Baggies constitute probable cause for a search for marijuana?Speeding and SeizingWhen Shawn Smith decided to do some urban drag racing with friends, he probably should have left his bong at home. For readers who may be unfamiliar with the household appliance known as the bong, it is a water pipe--used by some to smoke marijuana.The speeding Mr. Smith was attempting to outduel a fellow motorist when police clocked him traveling 67 miles per hour in a 40 mile per hour zone.When police stopped the Smithmoblie, they noticed a bong and an open box of plastic sandwich bags in the car. The police testified that, based on their experience, a bong and Baggies usually meant one thing...and it usually happens a lot in Cheech and Chong movies. Yes, police thought they were dealing with that plague on humanity: marijuana.Having spotting the offending bong and Baggies, law enforcement swung into action.Police ordered Mr. Smith from the car, and frisked him. They asked him if there were any marijuana in the car, and he said there was not. However, Mr. Smith admitted he had some herbal enjoyment in his pocket. Police seized it, arrested Mr. Smith, and impounded his speedy car. Shockingly, they found more marijuana.However, in a development that will be significant legally later in our story, police did not detect any marijuana smoke or residue in the bong.Evidence Up in Smoke?Sure, police get to do an inventory when they seize a car. In this week''s case, police were arresting Mr. Smith for his weed, so they got to go through his car and inventory everything. However, when police misbehave, there is a judicial remedy known as suppression of the evidence. For those who never have time to watch Law and Order, that means the evidence is thrown out because the cops got it illegally.In this case, because the police failed to give Mr. Smith his Miranda warnings before giving him the Spanish Inquisition, Mr. Smith moved to suppress evidence of the search.However, Massachusetts prosecutors argued the bong and Baggies sitting in the car in plain sight gave the police all the probable cause they needed to search the carMiranda or not. In essence, the Commonwealth argued, it was the probable cause supplied by the bong and Baggiesnot the Mirandaless utterances of Mr. Smith that gave police the pot.Both a trial court and the Massachusetts Appeals Court, the commonwealths intermediate appellate court, rejected prosecutors'' arguments and threw out the evidence--and thus, the case. Citing Massachusetts case law, the court held that bongs and Baggies--and nothing more--do not give the police probably case for a search.Bong and Baggies LawThe Appeals Court distinguished Mr. Smith''s case from two previous Massachusetts Appeals Court decisions where bongs did lead to probable cause for a search: Commonwealth v. Dolby from 2000, and Commonwealth v. Correia in 2006.It is true the facts in all three cases were somewhat similar: cops stop car, cops see bong, cops arrest driver. However, Smith differed from Dolby and Correia in one, key respect. Unlike in Dolby and Correia, in Smith, there was neither marijuana smoke nor residue present in the bong.The Appeals Court said that distinction was critical. In Dolby and Correia, the evidence was not suppressed, but it was because there was residue in the bong--not because police spotted an innocent bong just hanging out, minding its own business, with no nefarious residue or smoke.Baggies get the same constitutional protections.Citing its decision in Commonwealth v. Garcia, the court held, the observation of two lawful items--the bong and the box of sandwich bags--did not supply probably cause. The court articulated its rationale in Garcia:"The trooper''s experience, coupled with his observation of an apparently empty baggie, is not enough to provide probable cause to conduct a warrantless search of the automobile. Benign objects such as spoons, mirrors, and straws are often used in the narcotic trade. To allow police officers, experienced in narcotics investigations, to conduct a warrantless search whenever they observe one of the above items, and nothing more, would permit random searches, which are condemned by the Fourth Amendment and the Declaration of Rights," the court said.So, Mr. Smith got off: the evidence was suppressed, and the charges were dropped. The moral of this week''s Case of the Week: if you''re going to go drag racing with your bong in the back seat, at least make sure it is clean._________________________Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/05/law-bongs-and-baggies-fourth-amendment-searches-probable-cause-miranda-marijuana#ixzz1MKivXiVWMay 8, 2011The Law of Cow Bones and BungeesWhen you buy a product or service, how much information should the seller disclose to you? This week''s Case of the Week examines that issue in a case involving breast implants, bungee cords, a surgeon''s eyesight, and the jurisprudence of cow bone implants...not necessarily in that order.Manmade ChassisDenise Dalien decided she wanted to augment the chassis God gave her, so she consulted plastic surgeon Stanley Jackson of Puyallup, Wash. Dr. Jackson performed breast augmentation on Ms. Dalien in 2000, using saline implants.After a diet and exercise regimen caused her to lose weight, Ms. Dalien noticed some indentation and rippling on what was once her soft and supple upper left bosom.No problem. Dr. Jackson went in again, removed the saline implants, and replaced them with gel implants.Turns out there was a problem. Ms. Dalien was not happy with her new gel bosoms, so under the surgical theory of more is more, Dr. Jackson performed additional revision procedures on Ms. Dalien during 2005 and 2006.Blinding BungeeJust before all this happened, and--importantly for our story--unbeknownst to Ms. Dalien, Dr. Jackson was having issues with a bungee cord. Dr. Jackson went into mortal combat with the killer cord in July 1999.The bungee cord won.Dr. Jackson received surgery on his eye, and took over a month off from his practice. In July 2006, Dr. Jackson reported additional changes in his vision. He retired in October 2006 after unsuccessful surgery.Citing her allegedly unsuccessful surgeries, Ms. Dalien sued the good doctor twice. In one suit, Ms. Dalien argued negligent medical malpractice in the botched boob job.In her second civil action, Ms. Dalien sued under Washington States Consumer Protection Act (CPA). Ms. Dalien argued, among other things, that Dr. Jackson violated the law by failing to disclose his eye injury.Cow Bone LawDr. Jackson argued that the nondisclosure of his eye condition did not occur in trade or commerce and that any alleged professional malpractice or negligence was exempt from the CPA.Ms. Dalien countered that the nondisclosure of the eye condition was, in fact, done in trade or commerce because Dr. Jackson solicited and retained patients by failing to disclose this condition.In siding with Dr. Jackson, Washington State''s Court of Appeals cited the Evergreen State''s jurisprudence on cow bone disclosure and the case of Michel v. Mosquera-Lacy.In Michel, Mystie Michel sought treatment from Lucy Mosquera-Lacy, a periodontist employed by Bright Now! Dental, Inc., and the doctor said Ms. Michel needed a bone graft.When completing her pre-procedure paperwork, Ms. Michel was given the choice of human bone, cow bone, or synthetic bone for her graft. Stating she could not fathom the thought of having animal parts in her body, Ms. Michel declined the opportunity to get authentic cow bone.Well, unfortunately for Ms. Michel, supplies were running low in the dental office that day.When Dr. Mosquera-Lacy ran out of human bone, she finished the job with cow bone.Although the dentist claimed she merely finished up with cow bone--and that cow constituted no more than 10 percent of the graft--Ms. Michel said she now had a McImplant with the doctor having implanted a cow bone in her mouth.Whatever damages or urges to graze on her front lawn Ms. Michel may have experienced, her case wasn''t actionable under the Consumer Protection Act, the Washington Supreme Court held, because the use of cow bone was not an entrepreneurial activity in trade or commerce."Michael failed to show that Dr. Mosquera-Lacy''s use of cow bone is entrepreneurial. It does not relate to billing or obtaining and retaining patients. It simply relates to Dr. Mosquera-Lacy''s judgment and treatment of a patient. There is no evidence that cow bone was used to increase profits or the number of patients. When the supply of human bone ran out during the procedure, Dr. Mosquera-Lacy used her judgment and skills as a periodontist to finish the procedure. This is not actionable under the CPA," the court said.Bovine Bones and BungeesFollowing the Washington Supreme Court''s holding in Michel, the Washington Court of Appeals held in Dalien v. Jackson that Dr. Jackson''s nondisclosure of his eye condition was also an activity that fell outside the scope of Washington''s Consumer Protection Act. Thus, the court declined to certify her class action, and it affirmed a trial court''s dismissal of her case."As in Michel, Dalien has failed to show that Dr. Jackson''s nondisclosure of his eye injury is entrepreneurial. Dr. Jackson''s nondisclosure does not relate to Dr. Jackson''s billing or obtaining and retaining patients. Dalien has presented no evidence that Dr. Jackson represented that he had better vision than his competitors or somehow relied on his vision to promote his business," Judge Russell Hartman wrote for the court.However, the court didn''t say Ms. Dalien didn''t have a case--just that she didnt have a case under the CPA. Referencing her other suit, the court said, "To the extent that Dr. Jackson''s eye injury may have affected his ability to examine, diagnose, treat, or care for his patients, that question is actionable under the negligence theory, which Dalien is pursuing in her original lawsuit."The lesson of this week''s Case of the Week? If you want to sue under Washington''s Consumer Protection Act, make sure they advertise their excellent vision allows them to see your head before they implant a cow bone in it.____________________________Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/05/law-cow-bones-and-bungees#ixzz1Ll8lzZ00May 1, 2011The Law of Bait Car JournalismDavid Broder, Edward R. Murrow, William F. Buckley Jr., Walter Cronkite, and now Bait Car?As the old Sesame Street song said, it would appear that one of these things just doesn''t belong here. Well, that''s not what the producers of the television show, Bait Car, say. They argue their show is real journalism, and--in an attempt to avoid producing evidence in a California court proceeding--they say their photographers are journalists. In recognition of this creative legal argument, their case gets to be our Case of the Week.What is a Journalist?The proliferation of new media sources has created a novel question: Just what is a journalist? Must one possess government-issued press credentials, sending shivers down the spines of First Amendment advocates? How about a requirement that you earn your living from journalism? Perhaps there should be a requirement that at least your Aunt Betsy actually read what you write?This question has taken on real legal significance as the U.S. Congress and many states have tried to implement so-called reporters'' shield laws. These laws attempt to protect reporters and their confidential sources by shielding confidential information from disclosure to courts and third parties.Although there has been substantial progress, a federal shield law has not yet passed. However, 40 states and the District of Columbia have shield laws, with many states enacting them after what some argued were Bush administration abuses, prosecutorial attacks on the press, and the prosecution of New York Times reporter Judith Miller.Some Republican lawmakers cited national security concerns with reporters'' shield legislation, and others had a more fundamental issue: How do you go about deciding which writers get to be journalists in a New Media world vs. Old Media world?Many hipsters sipping lattes at Starbucks like to bash so-called Old Media. As they iPad away their afternoons, bowing before the altar of New Media, they mock institutions such as The Wall Street Journal as the old media of their grandparents, and--bless their little black turtlenecks and Birkenstocks--they weren''t fooled by Rupert Murdoch''s purchase of Myspace. Silly, Rupert, New Media is for hip kids.But, the beautiful world of blogging Brown alumni opining on global warming and Maya Angelous contributions to literature while their conservative brethren blog on banks and hedge funds may be in for a shock to its modern sensibilities. There may be unwanted guests at this post-modern, online clambake, and it may be a sign of things to come.Bait Car as New MediaThe folks at truTV, that network of cop shows that used to be Court TV, have come up with a new show called, Bait Car. In Bait Car, the producers work with local police to place an unlocked car with keys in the ignition out on the street. Its the bait for would-be car thieves. Get it, bait, car?Many unsuspecting citizens, including Joseph Bullard, took the bait.Or did he?In the case of People v. Bullard in the Superior Court of California, San Francisco County, Mr. Bullard argued that he was merely being a good citizen, moving the Bait Car out of its illegal parking spot.He also argued selective prosecution. Mr. Bullard, a gentleman who enjoys cross-dressing, argued it was no coincidence that the unholy trinity of producers, police, and prosecutors arranged for the Bait Car to be placed outside Divas, a well-known, somewhat risque San Francisco transgendered club. Police countered that they just picked an area known for car theft.To prove Mr. Bullard''s Good Samaritan claim, his legal counsel wanted to see the tapes of the filming from KKI Productions, the producers of the San Francisco episodes of Bait Car. Not unlike Judge John Sirica sending an order to the Nixon White House, Judge Gerardo Sandoval ordered KKI to turn over the tapes.Not so fast, said KKI. Arguing that Bait Car was journalism and that the intrepid Bait Car photographers were, in fact, journalists and so under California''s reporters shield law, KKI refused.Judge Sandoval wasn''t buying it. He rejected KKI''s reporters shield argument, and demanded the tapes.Funny thing. You may have laughed at Mr. Bullard''s "I was only helping by moving the car" argument, but prosecutors dropped the charges against Mr. Bullard.Future of Journalism?Bait Car''s producers were working with prosecutors, turning over their tapes to the district attorney''s office, and that cooperation with cops was fatal to their legal argument, according to Judge Sandoval and legal journalism experts."You can''t have it both ways. You can''t cooperate with one side and not the other," said Lucy Dalglish, Executive Director of the Reporters Committee for Freedom of the Press."You can make a very strong argument that the cooperation with one side is a waiver of the privilege," Ms. Dalglish added.People v. Bullard does not decide the law on the contentious issue of who gets to be a reporter in the eyes of the law--although it does put Californians on notice that, if youre in cahoots with the cops, you probably don''t get to be one, at least for reporters shield purposes.The case also illustrates that the cozy little blogging world at Starbucks and beyond is also in the midst of a culture shift. The latter day hipsters may have make room on the Starbucks sofa for Bait Car journalists, Dog the Bounty Hunter, Big Brian the Fortune Seller, and the zany, fun-loving staffs of Ma''s Roadhouse, Lizard Lick Towing, and Hardcore Pawn.Yes, the Fourth Estate is becoming a very big tent in every respect imaginable...and in some not so imaginable.________________________Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/04/law-bait-car-journalism#ixzz1LCFs9nEyApril 24, 2011The Law of Gwen Stefani AvatarsAt the time of this week''s legal tale, Gwen Stefani was a big, giant rock star, and Activision Publishing''s Band Hero videogame series was extremely popular. Combine the two - the theory went - and you would have what one of those MBA-types might call, synergy.Activision and Ms. Stefani thought so...until they ended up in court.This week''s Case of the Week illustrates the legal principle of the right of publicity. It also puts us on notice with the following legal poetry: Make Gwen Stefani a dude, and you''re gonna get sued.California Dreamin''In the 1990s, Gwen Stefani and Activision were both living the Southern California dream. Ms. Stefani and her Orange County band, No Doubt, achieved critical and commercial success, including Grammy nominations and huge recording contracts, while hitting the top of the charts with their 1995 single, Don''t Speak.Meanwhile, the friendly folks at Activision were building a videogame empire in Santa Monica with hit games such as MechWarrior 2: 31st Century Combat and Civilization: Call to Power. They also made some money off a game series based on the adventures of skateboarder Tony Hawk.Entering the 21st Century, one of Activision''s biggest games was its Guitar Hero series, which basically allows players to engage in computer-assisted air guitar. Band Hero was a similar, spin-off production.One of Band Hero''s features allowed players to create avatars based on real life rockers.Thinking it would be just nifty to have No Doubt avatars in the game - or at least thinking that it would be just nifty to have some of Activision''s cash -- No Doubt executed its Professional Services and Character Licensing Agreement with Activision, allowing the gamemaker to create avatars -- or computerized characters -- based on the band, and use them in Band Hero.Gwen is not a dudeMuch to their horror, the members of No Doubt learned about a special feature of Band Hero shortly before the product''s launch -- it was a special feature No Doubt may have worried pubescent punksters might manipulate.In their Agreement, Activision and No Doubt agreed Activision would license only a limited number of No Doubt songs for use in the game. However, that provision failed to consider another potential use of Band Hero.When players reached a certain level of the game, Band Hero allowed them to unlock their avatars, changing their song selection and personal characteristics.For instance, Activision licensed only a few No Doubt songs, but if Little Johnny were proficient enough in Band Hero to get his avatar -- say, perhaps, a lasciviously alluring Ms. Stefani -- to reach Level Nine of Band Hero, he could unlock her and free her from the bondage of her current condition, in every way, including gender.No Doubt was most displeased to discover that, once your Gwen Stafani avatar were unlocked, not only could Avatar Gwen be singing Janet Jackson, she could also be singing Tito Jackson.You see, once unlocked, an avatar''s voice could be changed from male to female.Not surprisingly, Ms. Stefani and her bandmates were not excited about the prospect of having their voices replaced with the manly sounds of Boy George.Ska vs. SuitsCould Activision really use the twisted avatars without No Doubt''s permission?No Doubt didn''t think so, and the band sued Activision in California state court. In No Doubt v. Activision Publg, Inc., the band sued for injunctive relief and damages, arguing Activision had engaged in the unauthorized exploitation of No Doubt''s name and likeness.The band sued on several grounds, including Activision''s alleged violation of No Doubt''s right of publicity.The right of publicity gives an individual control over the commercial use of her name or likeness. About half the states have a statutory right of publicity and others protect the right of publicity as part of their right of privacy laws.There has been a movement to extend the right of publicity beyond death. Not surprisingly, this movement is led by the heirs of some very famous dead people, including the heirs of Marilyn Monroe.California is one of those states with a codified right to publicity, contained in section 3344 of the California Civil Code.However, Activision countered that No Doubt''s right of publicity claim was barred as a matter of law because Activision''s actions on the avatars constituted constitutionally protected activity under the First Amendment.A Los Angeles Superior Court judge denied Activision''s motion to strike No Doubt''s complaint, and Activision appealed to California''s Second District Court of Appeal.Citing Comedy III Prods., Inc. v. Gary Saderup, Inc., the appellate court applied the transformative use test, a method to determine whether a use of a likeness was transformed from something more than a mere impersonation.The appellate court sided with No Doubt and the trial court. The court ruled that a transgendered avatar did not qualify as a transformative use. Thus, the appellate court held, the First Amendment did not excuse Activision''s alleged violation of its right to publicity."Nothing in the creative elements of the Band Hero elevates the depictions of No Doubt to something more than conventional, more or less fungible, images of its members that No Doubt should have the right to control and exploit. Thus, the trial court did not err in denying Activision''s motion to strike the right of publicity claim based on Activision''s assertion of a First Amendment defense," Judge Thomas Willhite Jr., wrote for the court,The court compared and contrasted Ms. Stefani''s avatar with the image in another case involving a Sega videogame and the former lead singer of Dee-Light, Kirby v. Sega of Am., in holding Avatar Stefani was not a transformative use. The First Amendment may be powerful, but -- at least in this Case of the Week -- it provides no constitutional protection for a Gwen Stefani avatar in a Boy George voice singing, Do You Really Want to Hurt Me?_________________________Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/04/law-gwen-stefani-avatars-band-hero-No-Doubt-v-Activision-Publ-Inc#ixzz1KUS9gVwHApril 17, 2011The Law of Urinal TrademarksTrademarks and the legal disputes involving them may be the most entertaining area of intellectual property law, and a recent Pennsylvania federal court case illustrates just how entertaining trademark fights can be. You might think this fight over the name, "Pint," was a beer dispute. You would be wrong.This week''s Case of the Week examines what happens when two urinal manufactures get into a legal dispute over the names of their products.Pint of Yellow LiquidThe urinal and its bathroom cousin, the toilet, use a lot of water. As people have become more concerned about the environment, manufactures have joined the party, developing so-called green products, and urinal makers are no exception. After all, no self-respecting urinal manufacturer wants to be known as a truck stop eco-terrorist.Among the leaders in the urinal market are Zurn Industries and Sloan Valve Co. Both Zurn and Sloan wanted to help save the planet by making eco-friendly urinals.Zurn developed a urinal Mother Nature would love and named it, The Pint. The U.S. Patent and Trademark Office awarded Zurn the United States Trademark Registration No. 3,389,517 for The Pint, part of Zurn''s EcoVantage line of environmentally friendly "fractional flush" urinals. They''re called fractional flush because they use a fraction of the water regular urinals use when you flush them.Not to be outdone, the nature-loving folks at Sloan came out with their own environmentally sound urinal, the Sloan 1 Pint Urinal System.Not unlike a fraternity pledge spotting someone swiping his pint of Guinness from the bar, lawyers for Zurn swung into action.Urinating ContestAfter noticing a Sloan press release for the Sloan 1 Pint Urinal System on the website, greenlodgingnews.com, Zurn''s lawyers sent Sloan a cease and desist letter, arguing Sloan''s name infringed on Zurn''s registered trademark for The Pint. Zurn demanded that Sloan stop marketing its allegedly infringing urinal with "pint" in its name.In an apparent attempt to maintain peace and harmony in the urinal world, Sloan changed the name of its urinal from the "Sloan 1 Pint Urinal System" to the "Sloan Pint Urinal System."It was a nice try, but Zurn was unsatisfied. Simply deleting the numeral, "1," from the name wasnt enough. Not unlike Carrie Nation on a bar raid, Zurn wanted the Pint the h*ll out of there.Sloan refused, and Zurn''s trademark lawyers did what it takes to become the Case of the Week. They sued.In its case, Zurco, Inc. v. Sloan Valve Co., filed in the U.S. District Court for the Western District of Pennsylvania, Zurn argued Sloan''s use of its name violated the federal Trademark Act of 1946, known commonly as the Lanham Act. Specifically, Zurn argued that Sloan''s name caused a likelihood of confusion among potential customers.Sloan countered that -- despite Zurn''s federal trademark registration --The Pint was not a legally protectable trademark for a urinal because the mark was generic, a trademark legal term meaning the name is a common, general term with no secondary meaning.Sloan argued that pint was merely an identification of a type of urinal -- one that uses one pint of water when flushed. Thus, Sloan argued, urinal purchasers would associate the term, pint, with the flush volume of the urinal, not the maker of the urinal, Zurn.In attempting to decide the dispute between the fighting flushers, the federal court applied the so-called primary significance test, used in many cases, including A.J. Canfield Co. v. Honickman. Under the primary significance test, the court determines whether the primary significance of a term in the minds of the consuming public is the product or the producer.The court illustrated the difference by citing E.T. Browne Drug Co. v. Cococare Products, Inc., where the court made the distinction that cola was generic because it described a product, but Pepsi-Cola is not generic because it describes the producer.Zurn disputed the generic label by noting that, in the toilet and urinal industry, flush volumes are described -- not in pints -- but with the terms, gallons per flush (GPF) and liters per flush (LPF). In fact, Zurn claimed the use of gallon and liter by those other wasteful water-hogs in the toilet and urinal industry was precisely why it chose the unique term, pint.However, Sloan countered that pint had become an industry standard, noting that American Standard has used pint and 1 point since 2008, Mansfield Plumbing Products has used 1-pint for its Brevity line of urinals, and Caroma USA had used one pint for its Cube Ultra line of urinals for two years.Unfortunately for Sloan, the court noted that none of those urinal craftsmen had used the term before Zurn introduced the Pint in 2007. In addition, Zurn argued it had been diligent in sending cease and desist letters to the allegedly infringing urinal producers, a requirement for protection under trademark law.To Be ContinuedIn denying motions for summary judgment on most issues, the court held that there were genuine issues of material fact as to whether The Pint was generic. As a result, the case will move forward, and more evidence about urinals and what people call them can enter the hallowed halls of American jurisprudence.________________________Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/04/law-urinal-trademarks#ixzz1K9cmh600April 10, 2011The Law of Chicken HeadsEmotional injuries and related damages may be one of the most contentious areas of the law, especially when -- as in thisweek''s Case of the Week -- that emotional injury is based on an employer''s forcing a worker to wear a chicken head mask in order to get medical benefits. Yes, this week, we go to Massachusetts to bring you the law of chicken head damages.Poultry ProblemsKaren Cappello worked full-time for Cricket Productions, where she processed orders. Because she was a full-time employee, she asked her boss, Victor Grillo Jr., for medical coverage.Mr. Grillo was very happy to give Ms. Cappello the medical coverage she desired, but it seems there was a catch.Mr. Grillo said Ms. Cappello could have the medical insurance only if she wore a chicken head mask."No head, no payment," Mr. Grillo wrote in an e-mail.We''re not making this up. We couldn''t come up with stuff this good.Even with major medical and hospitalization coverage for her young daughter on the line, Ms. Cappello declined to don the chicken head, which was part of a complete chicken costume kept in the office. You see, according to court papers, the employees at Cricket Productions considered themselves a fun-loving group that often socialized after hours.Apparently, none of the production place''s playful pranksters thought there was anything odd about making a session in the chicken head a prerequisite to health coverage.Ms. Cappello did.Saying she became too depressed to work as a result of the alleged harassment, Ms. Cappello sought medical attention and claimed she was unable to work.Of course, this is the Case of the Week, so you know what happens next.Colonel Sanders or Jack Daniels?Ms. Cappello decided to file a claim for her alleged injuries, and an administrative legal action ensued. Cricket carried no workers compensation coverage, but an administrative law judge held that, because Cricket was doing the business of DTR Advertising, Inc., DTR''s insurer, The Hartford Insurance Co., was liable for Ms. Cappello''s claim.Based on the opinion of her psychiatrist, Mark Cutler, Ms. Cappello argued Mr. Grillo''s alleged chicken head harassment was the predominant contributing cause of her adjustment disorder and major depressive disorder. The administrative law judge agreed and held for Ms. Cappello, but The Hartford appealed, arguing the chicken head incident was not the predominant contributing cause of Ms. Cappello''s alleged injuries.Hartford argued there could be other potential causes for the alleged injuries, and -- on appeal to the Commonwealth of Massachusetts Department of Industrial Accidents in the case of Cappello v. DTR Advertising, Inc. -- the judges noted that Ms. Cappello had received previous psychiatric treatment for issues related to a divorce and an alcohol-dependent husband.Ms. Cappello rejected the notion that marital warfare or her husband''s close, personal relationship with Jack Daniels and Johnnie Walker caused her injuries.It was all about that chicken head.Foul fowl?Because of her preoccupation with the perceived harassment at work and her disbelief that she was being asked to do what her employer asked her to do, which she perceived as very humiliating, she has been unable to return to any work for which she is reasonably trained by virtue of her education and job experience, Ms. Cappello''s psychiatrist told the administrative law judges.In a legal ruling sure to shock the San Diego Chicken, Mardi Gras revelers, and others who actually enjoy wearing chicken head masks, the judges sided with Ms. Cappello.Rejecting the insurer''s argument that there were other causes for Ms. Cappellos psychiatric issues, the judges ruled Ms. Cappello had shown those problems were not the cause of her present injuries. Although the judges conceded she had past psychiatric problems, they noted she had not experienced her present symptoms until the chicken head incident.The judges held that Dr. Cutler''s medical opinion satisfied the Massachusetts standard for predominant contributing cause of injuries established in the Massachusetts Appeals Court decision, May''s Case, and the Massachusetts Supreme Judicial Court decision, Robinson''s Case.In addition, citing Bouras v. Salem Five Cents Savings Bank, the judges held that, because Dr. Cutler''s opinion satisfied the predominant contributing cause standard, the chicken head incident was the only legal cause of her injuries."Because the doctor''s opinion effectively ruled out the previous stressors in the employee''s life as causes of her emotional disability, his opinion can be understood to implicate the events at Cricket Productions as the only cause," the judges wrote.The Massachusetts case of the chicken head was remanded to the lower judge on additional claims Ms. Cappello made, but she was victorious on this day...so was her lawyer.For their efforts on behalf of their client and for furthering the jurisprudence of chicken heads in the Commonwealth of Massachusetts, the judges awarded Ms. Cappello''s lawyer $1,488.30 in legal fees.__________________________Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/04/law-chicken-heads#ixzz1J7TcDYNfApril 1, 2011The Law of April Fools'' JokesFor our April Fools'' Day edition of the Case of the Week, we visit the California Court of Appeal, which supplies us with a case touching on constitutional law, contracts, defamation, and, of course, the law of April Fools'' jokes. Not surprisingly, our case involves Sasha Baron Cohen, known popularly as Borat and Ali G.A 2004 episode of Mr. Cohen''s British television show got his network into a bit of trouble, and it had to pay the alleged target of his jokes $90,000. When the infuriated supposed subject came back for more, it ended up in American court, raising the question: could a reasonable viewer take the show seriously, resulting in a judgment for defamation?The Art of AmendingOn a 1987 youth trip to Israel, Sasha Baron Cohen began a friendship with a woman known only as "Jane Doe" in court proceedings. The friends lost touch over the years, but Ms. Doe followed Mr. Cohen''s increasingly successful career as a comedian, and, apparently, Mr. Cohen never forgot Ms. Doe''s real name.On the Aug. 15, 2004, episode of Mr. Cohen''s television show, Da Ali G Show, Mr. Cohen interviewed the American author, Gore Vidal. Among the topics of conversation were the United States Constitution and the practice of amending it.Mr. Cohen asked Mr. Vidal if it were not sometimes better to get rid of something rather than amending it. As an example, Mr. Cohen referred to Ms. Doe. Using her real name and referring to her with a term also used to describe a female dog, he said Ms. Doe was always trying to amend herself by such means as highlighting her hair, adorning herself with tattoos, and shaving her private regions.Mr. Cohen said Ms. Doe''s amending was for naught because he dumped her after he impregnated her. (Ms. Doe denied her relationship with Mr. Cohen was ever romantic or sexual in nature.)Given what Mr. Cohen claimed were Ms. Doe''s unsuccessful attempts at amending herself, he reasoned that amending anything -- including the Constitution of the United States -- was ill-advised.With no apologies to Vidal Sassoon, the people of the Eastern Hemisphere, or George Washington, in his role as Ali G, Mr. Cohen went on to suggest that Mr. Vidal was an internationally famous hairstylist, that euthanasia was a means of exterminating the elderly in Asia, and that Denzel Washington resided at Mount Vernon.Ms. Doe was not amused.Costly ComedyDa Ali G Show was produced by Britain''s Channel Four Television Corp. and distributed in the United States by HBO. After complaints from Ms. Doe, HBO settled with her in 2004 for $40,000. As part of the settlement, HBO agreed to edit the episode so Ms. Doe''s name would be removed in any future broadcasts.Well, Ms. Doe''s fame -- or infamy, depending on ones perspective -- continued. When HBO presented the episode on Comcast, it left Ms. Doe''s name in the airing of the show, resulting in another settlement with Ms. Doe in 2006 with the same terms as the 2004 settlement, except this time Ms. Doe received an additional $50,000 payday.Nevertheless, viewers of Da Ali G Show had not heard the last of Ms. Doe.When a friend of Ms. Doe''s saw the unedited version -- that would be the one with Ms. Doe''s name -- on YouTube after the second settlement, he contacted her, and they discovered a viewer in Estonia had uploaded the clip from Finnish television, which had received the unedited version from Channel Four.No more settlements. Ms. Doe decided to take her battle to court.The Law of April Fools''Ms. Doe sued HBO and Mr. Cohen in California state court, and later added Channel Four as a defendant. She sued on multiple grounds, including libel, slander, breach of contract, invasion of privacy, and negligent infliction of emotional distress.Channel Four moved for summary judgment -- a legal ruling where one side wins the case before it even gets to trial -- arguing, among other things, that no reasonable person could have understood Mr. Cohen''s statements as factual.The trial court sided with Channel Four."No reasonable person could consider the statements made by Ali G on the program to be factual. To the contrary, it is obvious that the Ali G character is absurd and all his statements are gibberish and intended as comedy. The actor, Sacha Baron Cohen, never strays from the Ali G character, who is dressed in a ridiculous outfit and speaks in an exaggerated manner of a rap artist. Ali G''s statements are similarly absurd," the trial court said.Ms. Doe appealed, but she fared no better with the Californi''s Second District Court of Appeal in Doe v. Channel Four Television Corp. Citing cases involving comedian Robin Williams and an April Fools'' joke, the appellate court agreed that no reasonable person could have taken Mr. Cohen seriously. Thus, the court held, there was no defamation.In the case involving Robin Williams, Polygram Records, Inc. v. Superior Court, California''s Third District Court of Appeal held there was no defamation when Mr. Williams did a skit where a wine distributor complained that there was white wine and red wine, but no black wine.The court noted Mr. Williams said the so-called black wine was tough enough to be advertised by Mean Joe Green, was black in color, tasted like urine, and went with anything it damn well pleased. The court added that no reasonable person could have taken Mr. Williams seriously and that to hold the skit defamatory would run afoul of the First Amendment.Likewise, in San Francisco Bay Guardian, Inc. v. Superior Court, California''s First District Court of Appeal held there was no defamation when, in its April Fools'' Day edition, the San Francisco Bay Guardian newspaper ran a fictitious letter from a landlord stating that he found his tenants who had undergone electroshock therapy where much more cooperative because no reasonable person would take the fake letter seriously.Today''s legal lesson is thateven if it involves an electroshocked tenant with shaved privates drinking black wineits tough to win a defamation action against a comedian.________________________Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/03/law-april-fools-jokes#ixzz1ISyc57fbMarch 27, 2011The Law of Cantaloupes and Inflatable SharksHave you ever been really impressed by marketing displays constructed at your local store, where industrious employees create displays of commerce only slightly less impressive than the Taj Mahal?Well, Joyce Henderson may have felt that way before she broke her hip falling before a marketing temple of stacked cantaloupes at her local supermarket.Adding insult to injury, Ms. Henderson lost again in this week''s Case of the Week as the U.S. District Court for the Eastern District of Oklahoma grappled with the weighty issue of whether cantaloupes are the legal equivalent of inflatable sharks for premises liability purposes.Cantaloupes of DoomThe story of Henderson v. Harps Food Stores, Inc., began on a fine June day in 2009 when Ms. Henderson visited the Harps Food Store in Fort Gibson, Okla. Harps employees had created a display of cantaloupes, which was actually a giant octagon of wholesome, fruity goodness.Harps displayed the cantaloupes in large cardboard containers resting on a wooden pallet. The cardboard containers were roughly square in shape with the corners slightly recessed, forming the muskmelon octagon.Ms. Henderson admitted spotting the pallet beneath the pile, and even considered the pesky pallets potential as a pitfall. Nevertheless, she plowed ahead.While examining one of the succulently sweet cantaloupes, Ms. Henderson''s foot caught on the pallet, and she hurt her hip hitting Harps'' hard floor.The stage was now set for Ms. Henderson and Harps to debate the jurisprudence of cantaloupes vis-a-vis inflatable sharks.Ms. Henderson sued Harps in Oklahoma state court in a tort action, alleging Harps was negligent in its dangerous display of the killer cantaloupes and in its negligent failure to warn customers of its alleged fruity booby trap.Harps removed the case to federal court and filed a motion for summary judgment, arguing it was not liable because the exposed cantaloupe pallet was an open and obvious condition.Generally, under Oklahoma premises liability law, which applied even though the case was in federal court, businesses are not liable for damages sustained from these so-called open and obvious conditions. However, there is a possible exception in the law for conditions or defects visible but unseen by a plaintiff.Ms. Henderson and Harps battled over the case law. For instance, both parties cited the Oklahoma Supreme Court case of Phelps v. Hotel Mgmt., Inc., where an unsuspecting patron hit her head on a decorative glass bowl that protruded into the seating area of a hotel lobby.Sure, the thing was open and obvious in the literal sense, but the court in Phelps held a reasonably prudent person might not have noticed the risk of injury from the protrusion of funky art into the seating area and -- for the condition to be open and obvious as a matter of law -- the potential for injury must also be noticeable.The court in Henderson rejected Ms. Henderson''s reliance on Phelps and another court decision, Zagal v. Truckstops Corp. of Am., a case where things went horribly awry in the aisle of a truck stop. The court held those cases did not apply to Ms. Henderson''s case of the killer cantaloupes because -- not only did Ms. Henderson see the open and obvious collection of cantaloupes -- she knew it posed possible danger.However, all hope was not lost for Ms. Henderson. It was time for her lawyers to launch a legal shark attack.But could an inflatable shark really save Ms. Henderson''s case?Shark TaleMs. Henderson''s attorneys cited the Oklahoma Court of Civil Appeals case of Hansen v. Academy, Ltd., where Kimberly Hansen, an unsuspecting customer, was apparently in awe of a large inflatable shark that was part of a boat display on the sidewalk in front of an Academy sporting goods store.So mesmerized by the inflatable shark was Ms. Hansen that she proceeded to walk straight into the tongue of the boat, causing her to trip and break both her arms. Ms. Hansen sued Academy, but a trial court ruled for the sporting goods store, holding that the boat tongue was an open and obvious condition.But, remember...Jaws had a sequel.Ms. Hansen appealed, and the intermediate appellate court ruled for her. Noting an Academy employee testified the purpose of the inflatable shark was to get people''s attention, the appellate court reversed the trial court''s grant of summary judgment to Academy, holding that, although the boat tongue was visible, the plastic, air-filled fish of terror changed the legal outcome."The evidence certainly raised a question of fact as to whether Academy intended for its customers to devote their attention to the merchandise on display rather than to the sidewalk," the appellate court held in Hansen. Unfortunately for Ms. Henderson, U.S. District Judge James Payne wasn''t buying the shark argument in her case.Noting that arrows on the cantaloupe boxes actually pointed to exposed pallet on cantaloupe display, Judge Payne held the inflatable shark case didn''t apply."Because the cantaloupe display actually drew attention to the alleged hazardous condition, the Hansen case is distinguishable and does not provide an exception to the open and obvious rule," the judge wrote.The lesson of our Case of the Week? Apparently, at least in Oklahoma, a cornucopia of cantaloupes provides no exception to the open and obvious rule...but, an inflatable shark does._______________________Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/03/law-cantaloupes-and-inflatable-sharks#ixzz1HonZsGj9March 13, 2011The Sixth Amendment and another Texas Chicken Ranchby David HorriganIn the film adaptation of the Broadway musical, The Best Little Whorehouse in Texas, Burt Reynolds, playing a Texas sheriff, falls in love with Dolly Parton, portraying the good-natured, warm-hearted proprietor of a local brothel. That theatrical house of ill-repute was based on a real life bordello known as the La Grange Chicken Ranch.Although many local residents supported the Chicken Ranch -- and the entertainment and tax dollars it brought to Greater La Grange -- its closing involved law enforcement at the highest levels of Texas government.For those whove always wanted yet another sequel, we have one for you. It doesn''t have Ms. Parton, Mr. Reynolds...or even Dom DeLuise. What is does have is an intriguing question of constitutional law, which is why it gets to be our Case of the Week.Texas cathouse jurisprudence now considers: Does memory loss render a witness absent for purposes of the Confrontation Clause of the Sixth Amendment to the United States Constitution?Before we get to any of that legal stuff in the case of Woodall v. Texas, let''s take a look at the story of the latest little whorehouse in Texas.Naughty HaremPhyllis Anne Woodall may or may not have a lot in common with Dolly Parton''s Best Little Whorehouse in Texas character, Miss Mona Stangley, but Texas prosecutors alleged they were in the same profession.Ms. Woodall was the co-owner and operator of the Naked Harem, an El Paso, Tex., establishment some would refer to euphemistically as a "gentlemen''s club." Ms. Woodall and her business partner, Jeannie Coutta, ran a strip joint empire, El Paso Cosmopolitan, which not only operated the Naked Harem, but also its sibling club, the El Paso Cosmopolitan Topless Show Bar.Sadly for the ladies and their clients, those Texas prosecutors thought they were having a little too much fun.After repeated incidents of alleged prostitution at the Naked Harem, authorities arrested the ladies, charging Ms. Woodall with aggravated promotion of prostitution and engaging in organized criminal activity.At trial, prosecutors called dancers who testified prostitution was plentiful at the club, while Naked Harem loyalists testifying for Ms. Woodall cited Naked Harem policy forbidding dancers from having sex with its gentile clientele. Ms. Woodall then called a dancer, Lucia Pinedo, to testify.It was a bad move.Forget Me NotMs. Pinedo testified she sustained memory loss after an automobile accident and that she could not remember her prior testimony before a grand jury -- nor could she remember even being part of the Naked Harem. However, when Ms. Pinedo didn''t show up for a subsequent day of the trial, prosecutors -- over Ms. Woodall''s objections -- read her grand jury testimony for the jury.Before the grand jury, Ms. Pinedo had testified she had sex with patrons many times in the club''s private rooms, and -- in an unfortunate turn of events for Ms. Woodall -- Ms. Pinedo testified that, although she lied about her age to Naked Harem staffers, she was only 15-years-old when she began dancing at the club. To make matters worse, Ms. Pinedo contradicted the testimony of one of Ms. Woodall''s managers who said Ms. Pinedo showed a birth certificate as part of her identification upon being hired.Instead, in a moment worthy of X-rated versions of High School Musical or Glee, Ms. Pinedo testified her identification to get her job as an exotic entertainer was not her birth certificate, but was, in fact, her high school ID card.As they did with the La Grange Chicken Ranch, the good people of Texas may turn the other cheek when it was just a bunch of adults having consenting, albeit illegal, fun...prostitution by 15-year-olds is a very different story.After prosecutors made numerous references to Ms. Pinedo''s impressionable youth during closing arguments, the jury sentenced Ms. Woodall to 16 years in prison.Ms. Woodall appealed, arguing, among other things, that introducing Ms. Pinedo''s grand jury testimony was a violation of Ms. Woodall''s rights under the Confrontation Clause of the Sixth Amendment to the United States Constitution because Ms. Pindeo''s memory loss prevented Ms. Woodall from being able to cross-examine her.Constitutional ConfrontationA Texas intermediate appellate court reversed the trial court and sided with Ms. Woodall, holding that allowing prosecutors to read Ms. Pinedo''s grand jury testimony to jurors despite her memory loss violated Ms. Woodall''s Sixth Amendment Rights because the State used out-of-court testimonial statements [the grand jury testimony] about which the declarant [Ms. Pinedo] could not be cross-examined due to memory loss.The state argued also that, because Ms. Woodall refused the trial judge''s offer to issue a so-called writ of attachment forcing Ms. Pinedo to return to continue her testimony, Ms. Woodall was precluded from arguing Ms. Pinedo was absent for Confrontation Clause purposes.However, Ms. Woodall argued that Ms. Pinedo''s memory loss made recalling her futile, and the intermediate appellate court agreed."She did not remember giving the grand jury statement, nor could she remember working at the Naked Harem. A writ of attachment would not have changed Pinedo from an absent witness into a witness available for trial and examination. Her undisputed testimony about the car accident and resulting memory loss established that she was unavailable as a witness regarding the relevant subject matter," the intermediate appellate court held.Yet, in another legal twist, on Mar. 2, the Texas Court of Criminal Appeals, the states highest court for criminal matters, reversed the intermediate appellate court on both issues.First, citing three U.S. Supreme Court decisions, California v. Green, Delaware v. Fensterer, and United States v. Owens, the Texas high court rejected the argument that a Confrontation Clause violation could be based on witness memory loss.Second, Ms. Pinedo''s memory loss notwithstanding, the court held Ms. Woodall''s failure to take the trial judge up on the offer to haul Ms. Pinedo back into court was fatal to her Confrontation Clause argument. The court said Ms. Woodard induced the alleged error of which she now complains, and she may not argue on appeal that her confrontation rights were violated.In the movie, Burt and Dolly went off happily into the sunset. It doesn''t look as though thats happening here._________________________Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/03/sixth-amendment-and-another-texas-chicken-ranch#ixzz1HaDgOkKeMarch 6, 2011Labor, Lassie, and the LawIts been a tough week for the First Amendment and labor unions, but perhaps not for puppies.In this space, we attempt to look at the lighter side of the law, but there''s just nothing funny about a Marine making the ultimate sacrifice for his country or alleged followers of Jesus thinking the Messiah wants them desecrating other people''s religious services. However, Americas courts never let us down when we need comic relief, and free speech cases are no exceptionThis week, California''s Second District Court of Appeal ruled on a particularly perplexing constitutional quandary. It''s a question not yet addressed in the current labor unrest in Wisconsin:Does labor union speech enjoy greater constitutional protection than speech about puppies?Well give you the court''s answer in Best Friends Animal Socy v. Macherich Westside Pavilion Prop., LLC, in a moment, but let''s start off by saying that -- not unlike fallen heroes and violated funerals -- theres nothing funny about animal abuse or unfair labor practices. Nevertheless, what we''ve got here is an appellate court of law weighing the constitutional rights of terriers versus Teamsters.Puppies and PicketersThe Best Friends Animal Society does good work. Not only does the Utah-based organization have adoption programs for dogs and cats, it has programs for parrots and pigs as well. In addition, it operates an animal sanctuary, and its Pup My Ride program transports dogs from overpopulated areas to places where they are more likely to find homes.Best Friends also operates the Puppies Aren''t Products campaign with the stated goals of fighting against so-called puppy mills and irresponsible breeding.One of the weapons in Puppies Arent Products arsenal is the staging of protests at shopping malls where the evil puppy mills alleged middle men -- the pet shops -- attempt to sell their canine cargo.Although Puppies Arent Products bills its mission as a fight against the puppy mills, unlike more militant animal rights groups, Puppies Arent Products stresses the peaceful nature of its protests...a Gandhi for golden retrievers, if you will.Peaceful or not, one shopping center didn''t want to give the puppy protesters free rein over its establishment. When Puppies Arent Products targeted the Barkworks Pups & Stuff store at Los Angeles Westside Pavilion, the owners of the mall swung into action.Not unlike abortion protesters at a Democratic convention or anti-war protesters at a Republican convention, the puppy protesters were confined to undesirable areas -- in this case, mall space far away from Barkworks. Incidentally, Barkworks denies its dogs come from puppy mills, stating it takes great pride in having built a reputation of bringing healthy, happy puppies to loving families and homes.Look for the Union Label?Westside Pavilion had rules about when people could protest in its common areas. The rules applied to so-called noncommercial expressive activity, and covered various forms of expression, such as political and religious speech, soliciting for signatures on petitions, and the dissemination of noncommercial leaflets and fliers.The rules were what constitutional lawyers call content neutral, meaning the rules didnt vary depending on what a speaker was saying. There was just one catch.Labor unions got special treatment.The mall had special rules for qualified labor activity, which was defined, in part, as activity authorized by the National Labor Relations Act (NLRA) or applicable state labor laws.Non-labor expressive activity -- such as the puppy protest -- was limited to certain areas of the mall and was subject to certain blackout days, days when no protests were allowed, such as the busy business days of Valentines Day, Halloween, and the Christmas shopping season.In contrast, labor expressive activity had no blackout dates, and the workers'' expression could take place near the targeted, allegedly union-busting establishment.The litigating Lassie lawyers saw this distinction as the way to get the puppy protesters within pawsteps of the alleged villains at Barkworks.Collies in CourtBest Friends sued Westside Pavilion''s owners in California state court, arguing the mall''s restrictions violated the free speech provisions of article I, section 2 of the California Constitution. Specifically, Best Friends argued, among other things, that it was unconstitutional for the mall to give labor union protesters preferential treatment over the Puppies Arent Products protesters.Westside Pavilion countered that the restrictions passed constitutional muster and that the mall was forced to give labor union protesters special treatment in order to comply with state and federal labor law.The mall won the first round when California Superior Court Judge Linda Lefkowitz ruled against the puppy protesters, holding that, under the 1997 California appellate decision, Union of Needletrades, Indus. & Textile. Emp. v. Superior Court, the shopping mall was within its rights to limit the activities of the puppy protesters and that the NLRA and state law required the mall to make special accommodations for labor protesters.But, this dogfight wasnt over.Best Friends appealed and found a more fur-friendly tribunal in California''s Second District Court of Appeal. In a 3-0 decision on Mar. 2, the appellate court overturned Judge Lefkowitz, and ruled in favor of the puppy protesters.The appellate court rejected the holding of the case on which Judge Lefkowitz relied and instead followed two other California appellate decisions, H-CHH Associates. v. Citizens for Representative Government and Snatchko v. Westfield LLC, in holding the mall could not restrict the puppy protesters in the manner it sought, and it rejected the mall''s preferential treatment of labor protesters.The appellate court said the mall suggests that the law compels it to discriminate. But federal and state laws do not require shopping malls to give labor speech more access to common areas than political and other types of free speech.Celebrating its victory and the apparent end of Puppies Arent Products banishment to the dark corners of the mall where one wouldn''t expect to find Jennifer Grey, Best Friends issued a statement entitled, Nobody Puts Baby in a Corner.______________________________________________Read more at the Washington Examiner:http://washingtonexaminer.com/blogs/opinion-zone/2011/03/labor-lassie-and-law
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