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.
Author Archive
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).
History of videogame lawsuits
Posting lull
Posting and comment-approval from me will be at best light until after the New Year as I celebrate family activities. Have a great 2006.
“Infant discovered in barn, Child Protective Services launch probe”
This just in:
Bethlehem, Judea — Authorities were today alerted by a concerned citizen who noticed a family living in a barn. Upon arrival, Family Protective Service personnel, accompanied by police, took into protective care an infant child named Jesus, who had been wrapped in strips of cloth and placed in a feeding trough by his 14-year old mother, Mary of Nazareth.
During the confrontation, a man identified as Joseph, also of Nazareth, attempted to stop the social workers…
Also being held for questioning are three foreigners who allege to be wise men from an eastern country. The INS and Homeland Security officials are seeking information about these who may be in the country illegally. A source with the INS states that they had no passports, but were in possession of gold and other possibly illegal substances…The chemical substances in their possession will be tested.
In today’s WSJ: sovereign immunity in Washington
I’ve got a “Rule of Law” column in today’s Wall Street Journal on the unique problems presented to the state of Washington by the decay of longstanding doctrines of “sovereign immunity” which have left it financially liable for many crimes committed against its citizens, specifically when perpetrated by parolees or persons under the supervision of social welfare agencies. (Walter Olson, “Lawsuit Reform in Washington”, Wall Street Journal, Dec. 24). For one such cause celebre, see Ted’s Sept. 19 post on the case of Joyce v. Washington Department of Corrections, in which the state was sued after a parolee ran a red light and killed a Tacoma woman. For more on freshman Washington AG Rob McKenna’s plans to curtail the state’s liability, see Andrew Garber, “McKenna eyes liability limits”, Seattle Times, Nov. 27. (More discussion: Jan. 4).
Also of interest to readers in Washington state: I’ll be in Seattle Friday, Jan. 6 as the luncheon speaker at the Washington Liability Reform Coalition’s annual meeting. Contact WALRC for more information about that event.
Shouldn’t have put its berm where he wanted to skid
California: “A driver who had been drinking and admitted he took a curve too fast can sue The Newhall Land and Farming Company because his car skidded off a Valencia road and hit a berm on the firm’s land, causing his sports car to overturn. … Motorist Douglas Domel of Santa Clarita also has legal action pending against the city of Santa Clarita and the manufacturer of the 2001 Dodge Viper he was driving.” (Patricia Farrell Aidem , “Court: Driver can sue developer”, L.A. Daily News, Dec. 23). For a related case, see Nov. 7, 2003 (homeowner not liable for garden-wall crash).
Judge Murphy’s “fascinatingly repellent” letters
That’s what media critic Dan Kennedy (Dec. 21) calls an excerpt from one of the handwritten letters that Boston judge Ernest Murphy sent to Boston Herald publisher Pat Purcell following Murphy’s securing of a libel judgment of more than $2 million against the newspaper (Dec. 8). One of the letters proposes to Purcell an “AB-SO-LUTE-LY confidential and ‘off the record'” meeting which he is not to tell Brown Rudnick, the newspaper’s chief legal counsel, about.
So here’s the deal. I’d like to meet with you at the Union Club on Monday, March 7….You will bring to that meeting a cashier’s check, payable to me, in the sum of $3,260,000. No check, no meeting.
And Dan Kennedy comments:
This much is certain: If Murphy’s letters are typical of what takes place between parties in a lawsuit, then the legal sausage-making process is a lot uglier than many of us realize.
(via Romenesko, who has links to the Boston press coverage). Boston Phoenix media critic Mark Jurkowitz also covers the story here and (Murphy’s lawyer’s response) here. A Jurkowitz commenter observes: “Settlement discussions are frequently unsightly — they often have a ‘Surrender, Dorothy’ flavor.”
Restraining Letterman, frivolously
From “Vic” in the Volokh comments, on the furor over that temporary restraining order against David Letterman [typos cleaned up]:
I think this illustrates the problem with trying to enumerate how many lawsuits are frivolous.
Most attempts at enumerating the amount of frivolous lawsuits have focused on asking judges about their perception of the number of frivolous lawsuits that pass through their corthouse. And the judges say: a trivial amount. I have always felt that the reason this number is said to be trivial is that the judge who allows a garbage lawsuit to go to trial, when he/she could have stopped it from proceeding further, is not going to say: Yeah, it was frivolous, but I didn’t want to throw it out when I could have.
Also David Kopel examines the question of whether it’s now illegal for Letterman to possess a gun (Volokh, Dec. 22). Update Jan. 2 (judge lifts order).
Batch of reader letters
We’ve posted four more missives on our letters page. Among the topics this time: a reader notices a funny warning label on a prescription purchase (“If unconscious, call right away!”; another defends “patent trolls“; the writer of a book about Lord of the Rings tangles with the Tolkien estate; and reflections on discrimination against persons of “Appalachian heritage“.