Danielle R. Schilling

All articles by Danielle R. Schilling

 

Cinemark is Not Liable for Theater Mass Shooting

On July 20, 2012, James Eagan Holmes carried out a mass shooting that occurred inside of a Century 16 movie theater in Aurora, Colorado, during a midnight screening of the film The Dark Knight Rises.  Holmes was dressed in tactical clothing, set off tear gas grenades and shot into the audience with multiple firearms. Twelve people were killed and 70 others were injured. James Eagan Holmes confessed to the shooting but pleaded not guilty by reason of insanity. Arapahoe County prosecutors sought the death…  

Criminal Case Against Bill Cosby Moves Forward

On February 3, 2016, in Norristown Pennsylvania, a judge denied Bill Cosby’s motion to dismiss criminal charges against him. The newly elected Montgomery County District Attorney, Kevin Steele, has filed three felony charges of second-degree aggravated indecent assault based upon the allegations from Andrea Constand. She claims she was sexually assaulted by Cosby in 2004. If Cosby is convicted he faces up to 10 years in prison and along with civil fines in State of Pennsylvania. The motion to dismiss is based upon former District…  

Camille Cosby Wins the Battle, Not the War

Camille Cosby was set to be deposed in a sexual misconduct and defamation lawsuit filed by seven different accusers against her husband, comedian Bill Cosby, on Wednesday, January 6, 2016 in Springfield, Massachusetts. In an attempt to block the subpoena, Mrs. Cosby’s attorneys filed a motion to quash the subpoena for the deposition on the basis that information gathered would be protected by the marital privilege. The motion to quash was denied by United States Magistrate Judge David H. Hennessy. The Magistrate wrote that he…  

Copyright Lawsuit Hits Top-Rated TV Show “Empire”

Ron Newt, author of “Bigger than Big,” filed suit in April against 20th Century Fox for breach of implied contract and copyright infringement. The poorly drafted summons and complaint was not taken seriously by Fox until it was recently amended by Newt’s new legal team. The amended complaint is now alleging $10 million in damages and has been edited sufficiently, to warrant a response from 20th Century Fox. By way of background, Newt authored “Bigger than Big”, a book, screenplay and DVD documentary…  

Don’t Play with Playboy

Unbeknownst, rapper Azealia Banks was supposed to appear in the April 2015 edition of Playboy. That was until Mediatakeout.com LLC illegally stole and leaked nude photographs taken specifically for the 2015 edition to the media. Additionally, Media Takeout altered the photographs with a watermark: “MEDIATAKEOUT.COM.”  According to a Summons and Complaint that was filed by Playboy International Enterprises in Federal Court, Playboy is suing up to $150,000 for each copyright infringement, as well as $25,000 for each photo violation of the Digital Millennium Copyright Act…  

U.S. Supreme Court Rules Facebook Threats Not a Crime

On Monday, June 1, 2015, the U.S. Supreme Court overturned the conviction of Anthony Elonis, a man convicted for making threats on Facebook against his estranged wife. He originally received a 44-month sentence from a Pennsylvania Court for the online threats, but U.S. Supreme Court Chief Justice John Roberts disagreed, saying there wasn’t enough to support the conviction. Of importance in the ruling was that Elonis wrote under a pseudo name: “Tone Dougie.” He argued that his social medial postings were stylized as rap…  

U.S. Supreme Court Rules Facebook Threats Not a Crime

On Monday, June 1, 2015, the U.S. Supreme Court overturned the conviction of Anthony Elonis, a man convicted for making threats on Facebook against his estranged wife. He originally received a 44-month sentence from a Pennsylvania Court for the online threats, but U.S. Supreme Court Chief Justice John Roberts disagreed, saying there wasn’t enough to support the conviction. Of importance in the ruling was that Elonis wrote under a pseudo name: “Tone Dougie.” He argued that his social medial postings were stylized as rap…  

Former NFL Kicker Sues the Buccaneers

Lawrence Tynes, two-time Super Bowl winner and the former Tampa Bay Buccaneers kicker has commenced a lawsuit for $20 million. Tynes has alleged that the dirty and unsafe conditions at the Buccaneers facility led him to contract MRSA. This infection ultimately ended his NFL career. Tynes signed with the Buccaneers in 2013, but never played a game. He claims that during training camp he and three other players, including Carl Nicks, contracted MRSA (methicillin-resistant Staphylococcus aureus). He further claims that that Buccaneers leadership did not…  

Stolen German Painting Found in NYC

James Weldon, a resident of East 73rd Street, inherited Adraen Coorte’s 1705 painting, “Still Life with Chestnuts.” This painting is now the basis of a Summons and Complaint filed in Manhattan Supreme Court by Dr. Konrad Meissner. Dr. Meissner, a resident of Polling, Germany, claims that his father was a well-known art dealer in Dresden, Germany and was in possession of the painting before it illegally seized by the German “Stasi.” In the 1970s and 1980s, East Germany had established “fictitious fax obligations” by the…  

Hollywood’s “Raging Bull” Takes on a Small Town: De Niro Fights Property Assessment

Approximately 80 miles from New York is Gardiner, a small town of about 5,800 residents in Ulster County. It might seem an unexpected place for Academy Award-winning actor Robert De Niro to own property, but in 1997 the star of “Raging Bull” and “Taxi Driver” purchased 78 acres for $1.5 million. And now it is the site of a headline-making legal battle involving a multimillion-dollar tax assessment. The property is owned for De Niro and his family by a legal entity called the Riverside Trust.…  

Interns vs. The Wendy Williams Show

The landmark 2013 decision in Glatt v. Fox Searchlight Pictures that interns on two film production crews were entitled to payment with actual wages has opened the litigation floodgates. In the hotly debated ruling, Judge William H. Pauley III held that Fox Searchlight Pictures violated the Fair Labor Standards Act by not paying its interns. In the latest example of the ongoing debate over the use of unpaid interns, television’s Wendy Williams Show and production company Lionsgate have been sued for wages by a former…  

Does Disney Discriminate Against the Elderly?

On June 10, Kevin Brady, a 26-year veteran story writer for Walt Disney Pictures, filed suit against the studio alleging age discrimination. Brady further alleges that Disney has a “history and pattern of terminating long-term employees and replacing them with younger employees who have less experience at the company.” Brady was hired as a full-time employee in 1988, and received several promotions over the following decades, culminating in his promotion to head of the story department in 2005. Brady says he consistently received excellent performance…  

Facebook Fan Battles Ferrari

Amateur race car driver Sammy Wasem started a Ferrari fan page on Facebook when he was 15, and over time, it became an enormous success. In fact, he and his father Oliver earned a congratulatory email from Ferrari in March of 2009, when his site passed the 500,000-fan marker. However, the email read, “legal issues force us [Ferrari] in taking over the formal administration of the fan page.” And now, Wasem finds himself in a legal battle that may define the extent of online freedom…  

Does a Kansas Sperm Donor Owe Child Support? Court Rules That He Does

A Kansas sperm donor says his parental rights and obligations ended after his donation. However, in a case that has drawn national headlines, the court says otherwise. In 2009, William Marotta found an advertisement on Craigslist seeking a sperm donor. Marotta met with the lesbian couple that posted the ad, signed a contract waiving his parental rights, and donated his sperm to the couple, receiving $50. The couple split up one year later, and after one of the women stopped working due to an illness,…  

The Infamous Chris Brown is in Trouble Again

Chris Brown is a Grammy-winning R&B star who has sold millions of albums, but to many, he’s known more for his rap sheet than his music. The singer’s latest brush with the law came on October 27, as Brown was arrested for assault following an altercation outside a Washington D.C. hotel. According to reports, charges were filed after an individual accused Brown and his bodyguard of punching him and breaking his nose. Some reports allege that the man attempted to unlawfully enter Brown’s tour bus to take pictures. The following day, Brown appeared with counsel for his arraignment, and in a positive development for the singer, charges were reduced to a misdemeanor and he was released. The maximum penalty on the reduced charge is 180 days in jail and a $1,000 fine. Brown is set to return to court November 25.  

NCAA to Gradually Restore Penn State’s Football Scholarships

The NCAA announced this week that it will reduce the unprecedented sanctions against Penn State’s football program by gradually restoring scholarships starting next season. Modifications to other sanctions, such as reducing the four-year postseason ban, may be on the horizon but were not announced. We all remember when the crimes committed by Jerry Sandusky were splashed on the front pages of newspapers, and when the case involving the notorious former Penn State assistant coach was the focus of every news channel for months. After Sandusky…  

Do the NFL and Its Fans Care About Steroids?

In the wake of the notorious Alex Rodriguez/Biogenesis/performance enhancing drug (PED) scandal, fans have been questioning the lack of response from various other sporting organizations. The Biogenesis scandal has implicated more than just MLB players. Indeed, athletes from the NBA, MMA, tennis and NCAA have also been caught up in this scandal. Surprisingly, no players from the NFL have been implicated. Since 2010, the NFL has adhered to its own steroid policies, which appears to be working.  Specifically, the NFL created the National Football League  

NCAA Punishment? Just Do It, Says Oregon U.

On June 26, 2013 the NCAA issued a Public Infractions Report against the University of Oregon, ruling that former Ducks head coach Chip Kelly failed to monitor the football program. The report cited a recruiting service as its basis for the infractions. The University of Oregon hired a Texas scout, Will Lyles, for recruitment services for its football program. Lyles provided cash, lodging, travel, and academic aid, and made personal contact with high school prospects and their families. This is a violation of NCAA recruiting…  

Keeping Up With the Counterclaims: Tria Beauty, Inc. and Kim Kardashian Are Denied Insurance Coverage

On May 21, 2013, a California Federal Judge denied insurance coverage to Tria Beauty, Inc. in a case involving false advertising allegations against rival Radiancy, Inc.  In response, Radiancy, Inc. raised several counterclaims against Tria Beauty. What made the case especially noteworthy is the involvement of Tria Beauty’s leading spokeswoman, the wildly famous and always controversial Kim Kardashian. The coverage claim providers, National Fire Insurance Co. of Hartford, and Travelers Property Casualty Co. of America, denied coverage to Tria Beauty, Inc. The coverage dispute was…