Actor Russell Crowe “has officially reached a settlement with the Manhattan hotel clerk he hit with a phone, a spokeswoman for the star confirmed…” According to sources who talked to the New York Daily News, “the offer was in the low six figures — a far cry from the $11 million a British tabloid claimed the ‘Cinderella Man’ star was ready to pay.” (Barbara Ross and Bill Hutchinson, “Crowe & clerk call it a deal”, New York Daily News, Aug. 26). My offer still stands, though.
Author Archive
Doc probed for rude advice to obese woman, cont’d
“Doctors must be able to speak freely to their patients, even if it means hurting their feelings,” opines the Manchester Union-Leader. KevinMD has a link to that editorial, plus a roundup of blog reactions to the news item Ted covered in this space Aug. 25. More: Workers’ Comp Insider (Aug. 31) says the affair is more complicated, and the doctor’s conduct less sympathetic, than portrayed in early press reports. Even should that prove to be the case, the referral to the state AG’s office is at a minimum puzzling.
Canadian bar’s image problems
“Lawyer sanctioned in Holocaust suit”
Yes, it’s Ed Fagan again. This time the much-publicized reparations impresario “has been hit with sanctions that will run into the hundreds of thousands of dollars for his handling of a lawsuit seeking recovery from an Austrian bank of the value of artwork looted by the Nazis. Employing unusually harsh language, Southern District of New York Judge Shirley Wohl Kram assessed attorney fees against [Fagan], and also fined him $5,000, finding he had committed champerty and misled her.” (Daniel Wise, New York Law Journal, Aug. 23). For Fagan’s earlier misadventures, see Jun. 4 and many links from there.
“Why granny is in an old age home”
It would make sense to hire a home attendant for her — but then California labor law would kick in. Among the perverse features of that law: to qualify as a personal attendant whose employment is not subject to prohibitive wage-hour laws, a round-the-clock attendant must not be asked to carry out such duties as getting the client to take her medicines (that’s reserved for nurses, you see). (Bookworm Room, Aug. 17).
Sell gas to drunks, pay for their crashes
“The [Tennessee] Supreme Court has ruled that store owners can be sued for causing injuries in a drunken driving accident if they sold gas to an intoxicated driver.” Employees at an Exxon station on Rutledge Pike in Knoxville allowed Brian Lee Tarver to buy $3 worth of gas and even helped him pump it when he seemed unable to work the controls. Victims of his subsequent drunk-driving crash sued the station. “A University of Tennessee professor later determined that Tarver’s vehicle would have run out of gas before encountering West and Richardson if he had not been able to buy more fuel.” Will gas station employees, like bartenders, now need training on how to recognize signs of inebriation? And what are the justices planning to do about card-swipe self-service? (“State’s high court rules stores liable for selling gas to drunks”, AP/WVLT, Aug. 22; Jamie Satterfield, “Ruling says gas stations liable”, Knoxville News Sentinel, Aug. 22)(intrusive registration).
P.S. Here’s the opinion (PDF), courtesy reader Jay Johnson. And CoyoteBlog comments (Aug. 26).
Heavy metal chicken band ad
Burger King Corp. has asked a federal court in Miami “to declare that the use of a mock heavy metal band featuring performers wearing chicken masks does not violate any rights” of the heavy metal band Slipknot, whose lawyers had fired off a cease and desist letter to the burger operator and its ad agency over the ad in question. “The Coq Roq band is a mock heavy metal band that is markedly and obviously different from Slipknot except for the generic fact that both play heavy metal music and wear masks,” according to the fast-food chain’s filing. (“Burger King takes ad dispute to court”, Orlando Sentinel, Aug. 21; Charlie Amter, “Slipknot Seeks to Block BK’s Coq”, E!Online, Aug. 18)(with ghastly photos))
Racial discrimination in jury selection
A Dallas Morning News investigation documents the degree to which it’s been second nature to lawyers on both sides in Texas criminal trials to exclude on the basis of race. Among highlights: the unique “Texas shuffle” technique used to give lawyers an advance peek at the race of prospective panelists; and the taxpayer-funded database that allows prosecutors to identify persons who have previously served on juries in cases which ended in acquittals, so as to keep those persons off future panels. (“Striking differences”, 2005 series (reg))(via Mike Cernovich).
Violent teen only 30 percent at fault for his crimes
His affluent parents bear the other 70 percent of the fault, a Cincinnati jury decided, as they awarded $10 million to victim Casey Hilmer and her family. Ben White was just 11 days short of his 18th birthday when he savagely stabbed the girl in an unprovoked assault; he was later sentenced to 10 years for attempted murder. You’d think for White’s parents to be more than twice as much at fault in the outrage as he was — 70 percent compared with 30 percent — they must be quite the monstrous couple. Curiously, though, the jury foreman said of Lance and Diane White afterward that they had “no intent” to harm and that he didn’t think they showed “ill will” or “conscious disregard for somebody”: “I’m not saying they’re bad parents”. The plaintiff’s lawyer was Stanley Chesley, who will be familiar to many of our readers. (Sharon Coolidge, “Parents must pay $7M”, Cincinnati Enquirer, Aug. 20; Tony Cook and Jeanne Houck, “Stabbed girl wins $10M judgment”, Cincinnati Post, Aug. 20).
Yosemite rock-climber’s survivors sue
The parents of a rock climber killed by a rock slide while climbing a face at Yosemite National Park have sued the National Park Service for $10 million, armed with the theory of a maverick professor who believes overflow from a waste-water system lubricated and weakened the face. An attorney for the park warns that if the suit is successful it could lead to bans on rock-climbing at Yosemite and elsewhere, and many climbers side with the park, saying those who take up the sport should assume the risk of rock slides. (Eric Bailey, “Another peril for climbers”, Los Angeles Times, Aug. 22; Jerry Bier, “Suit filed in Yosemite rock-slide death”, Fresno Bee, Nov. 4, 2001)(via Southern California Law Blog). Spartacus comments (Aug. 22). Update Dec. 17: court dismisses suit.