Restaurateur (see comments) Phil Romano has agreed to drop his lawsuit against the Dallas Morning News over its review of his local eatery, Il Mulino, in exchange for the paper’s promise to run a second review of the restaurant in coming months. “While [reviewer Dotty] Griffith handed out 4-star ratings for service and ambience, Mr. Romano took offense at her criticism of some of the restaurant’s main dishes, including entrees featuring its Bolognese and vodka sauces.” We covered the case Aug. 24, 2004. (“Restaurateur, News settle review lawsuit”, Dallas Morning News, Dec. 17)(via Romenesko).
Archive for 2006
Xbox 360 lawsuit bogus?
I’m sure you’re just shocked, shocked, to hear of shenanigans in an Illinois class action:
In [its] motion to dismiss, Microsoft notes that “Significantly, Plaintiff omits the fact that his Xbox 360, purchased in November 2005, is still covered by a 90-day warranty, under which Microsoft agreed to repair or replace it, or issue a refund. In fact, Plaintiff does not allege that he contacted anyone at Microsoft about the alleged defect, let alone that Microsoft refused to honor the terms of its warranty. Moreover, Plaintiff does not allege that his Xbox 360 ever malfunctioned. He alleges only that “members of the class have experienced malfunctions” with their Xbox 360s—not that he has.
A hearing will be held January 10.
(Update: broken link to the MS motion to dismiss fixed.)
George Will on tobacco and the states
Reacting to the recent Philip Morris decision (PoL Dec. 15, etc.), the columnist is in righteous form:
The Illinois Supreme Court’s ruling stimulated the market for “tobacco-revenue munis.” Those are municipal bonds backed by tobacco revenue streams resulting from a real fraud — the Master Settlement Agreement. In 1998, 46 states conspired to seize $246 billion from companies that sell products made from a commodity — tobacco — the cultivation of which was then subsidized by the federal government….
The MSA is a deal struck between the state attorneys general and trial lawyers. For the latter, it was a financial windfall, netting about $13 billion in fees that sometimes amounted to tens of thousands of dollars per hour of work. For the former, it was a political windfall, enabling their states to finance this and that with billions paid by smokers, who are disproportionately low-income people….
The states’ ability to continue treating the tobacco industry as a “budgetary Alaska” — the last frontier for exploitation — depends on brisk sales of cigarettes far into the future. So all 50 states, which in 2004 reaped $12.3 billion in cigarette taxes, have an incentive to carefully calibrate these taxes so as to maximize revenue. They want high taxes, but not high enough to cause large numbers of smokers to quit the habit that is so lucrative to states.
(“The States’ Tobacco Addiction”, syndicated/Washington Post, Jan. 1)(more on tobacco litigation).
Update: Richard Branson not the only Virgin
News from Australia: “A Federal Court judge dismissed the conglomerate’s application to ban a small businesswoman from using the word ‘virgin’ in the name of her internet service provider and website-developing business, and lambasted Virgin for dumping ‘an ocean of unnecessary and unhelpful material’ on the court.” (Vanda Carson, “Branson loses his Virginity”, Dec. 27). For other far-reaching claims by Branson’s company to uses of the word “Virgin”, see Jul. 29.
Update: “Texas judge dismisses lawsuit against Pope”
Head-of-state immunity comes through for the Pontiff in a case alleging abuse cover-up. See Dec. 14, etc. (Catholic World News, Dec. 22). “The U.S. Department of State issued a suggestion of immunity in May, requesting that the pope be dismissed from the suit. ‘Judicial review of this determination is not appropriate,’ [U.S. District Judge Lee] Rosenthal wrote in the opinion.” (Mary Alice Robbins, “Pope Dismissed From Suit Alleging Sexual-Abuse Coverup”, Texas Lawyer, Dec. 23).
Update: judge lifts Letterman restraining order
New Mexico state judge Daniel Sanchez last Tuesday agreed to a request by David Letterman’s lawyers to lift a restraining order previously entered on behalf of a Santa Fe woman who had accused the TV host “of using special code words such as ‘Oprah’ to woo her into marriage” (see Dec. 22, Dec. 23) (Stephen M. Silverman, “‘Absurd’ Letterman Restraining Order Tossed”, People, Dec. 28). Some comments: Wendy McElroy, Third Edge of the Sword, Meryl Yourish, In the Lion’s Den.
Update: UK fun licensing
Despite warnings that it could imperil the livelihood of musicians, Punch-and-Judy stalls, buskers and traveling entertainers generally (see Apr. 1, 2004), the British government in November put into effect new regulations requiring licensing of temporary public amusements. Now the Guardian reports that critics’ predictions are coming true, as the rules have begun to strain smaller circuses, neighborhood music venues hosting jazz or ethnic music, street artists and charity Christmas carolers. “The only exemptions were for morris dancing, travelling fairgrounds and garden fetes.” (Mark Honigsbaum, “Circus performers get caught in the act”, The Guardian, Dec. 28).