Archive for October, 2008

Microblog 2008-10-30

  • Days of “Clean up your room or I’ll drop you off in Nebraska” threat may be numbered [NY Times; earlier] #
  • Bigger jury verdicts during the holidays? A bit of legal folklore is disproved (at least if you posit that the cases docketed at that time of year are a random selection) [Point of Law] #
  • NY budgeters, dependent on Wall Street tax revenue, built a public sector house of cards [McMahon/City Journal] #
  • Funniest Photoshop: “Toto, I have a feeling we are not in Alaska anymore” [Zincavage] #
  • Why they call it Euro-sclerosis [Coyote] #

Dov Charney, the sequel

Earlier this year Ted wrote an item titled “Implausible defense department” about American Apparel founder Dov Charney’s efforts to explain away jaw-droppingly colorful facts in the latest of the multiple sexual harassment complaints he has faced. The sequel is worthy of what has gone before: it appears that Charney faked an agreement to send the case to arbitration to conceal a deal in which he agreed to settle the claim for $1.3 million. The deal later fell apart and the case is headed back for (presumably genuine) litigation. (On Point News, Workplace Prof Blog).

P.S. Overlawyered guestblogger Victoria Pynchon, of the IP ADR Blog, has now posted a more extensive and detailed report on the case, & see Nov. 16 update with company’s side of the story.

$25M suit for affair with priest

The plaintiff alleges she gave in to the defendant priest’s sexual advances after confessing her marital difficulties to him.  She alleges the priest assured her the sex was “ordained by God” so she thereafter engaged in intercourse with him.  This, of course, is all due to the negligence of the local Catholic diocese according to her suit and not her own poor judgment in falling for such a lame pickup line.  (“Confession Obsession?”, The Smoking Gun, Oct. 29).

“Why Libertarians Should Oppose ‘Shrinkwrap’ Contracts”

Alex Harris thinks a proper understanding of contract law would not call on buyers to go to the expense of shipping back a product if it arrived saddled with unexpected and unwelcome contract terms. But the problem seems to be going away, he says, in that that tech goods are increasingly sold in such a way as to give buyers a chance to examine the contract terms before taking possession of the product. (Technology Liberation Front, Oct. 28).

“Debt-Relief Firms Attract Complaints”

The case of Hess Kennedy, repeatedly covered in this space, got attention in the Wall Street Journal earlier this month after “a Florida Circuit Court judge entered an order to wind down the firm and approved a process for consumers to apply to get their money back.” (Eleanor Laise, WSJ, Oct. 14). David Giacalone has a few links (Oct. 29, scroll), as well as a more extensive post.