Just by browsing the website of a company called Inventor-Link, visitors supposedly consent to abide by the terms of a “user agreement” which “strictly” prohibits them from using not only any of the site’s content but even its name without express permission. “Furthermore, we strictly prohibit any links and or other unauthorized references to our web site without our permission.” The company is invoking these terms in a cease and desist letter “in an attempt to stop criticism of the company that appears on InventorEd.org, a website that provides information about invention promotion businesses and scams.” Inventor-Link’s law firm? None other than Dozier Internet Law, criticized in this space and many others last week over its claim that its nastygrams are themselves the subject of copyright and cannot be posted on the web. And the Dozier firm’s own website has a user agreement that purports to prohibit “linking to its website, using the firm’s name ‘in any manner’ without permission,” and, weirdest of all, even looking at its source code by clicking on your browser’s “view source code” command. (Greg Beck, Consumer Law & Policy, Oct. 17). More: Boing Boing, TechDirt (including comment that reads, in its entirety, “You are not allowed to read this comment”), Slashdot.
Archive for the ‘Uncategorized’ Category
Welcome New York Times readers
Ted has already mentioned today’s front-pager on Milberg Weiss campaign donations, which is kind enough to quote me. I was particularly glad that reporter Mike McIntire took note of some of Milberg’s connections on Capitol Hill, which tend to get less attention than its Presidential campaign donations:
Beyond campaign contributions, Milberg Weiss became deeply ingrained in the financial firmament of the Democratic Party in other ways. Members of the firm gave $500,000 toward construction of a new Democratic National Committee headquarters, and some became partners in a private investment venture with several prominent Democrats. They included former Senator Robert G. Torricelli of New Jersey, who is a fund-raiser for Mrs. Clinton, and Leonard Barrack, a Philadelphia trial lawyer who was once the national fund-raising chairman for the Democratic Party.
Along the way, as Milberg Weiss’s brass-knuckles legal strategy made it a target for Republicans advocating limits on class action suits, it usually could count on Democrats in Washington to protect its interests. After federal prosecutors indicted the firm in May 2006, four Democratic congressmen issued a joint statement, posted on Milberg Weiss’s Web site, accusing the Bush administration of persecuting lawyers who take on big businesses.
The statement, signed by Representatives Gary L. Ackerman, Carolyn McCarthy and Charles B. Rangel, all of New York, and Robert Wexler of Florida, contained several passages that appear to be lifted directly from a “class action press kit” distributed by a national trial lawyers group. All but Mr. Wexler have received campaign contributions from Milberg Weiss partners.
(Mike McIntire, “Accused Law Firm Continues Giving To Democrats”, New York Times, Oct. 18).
You mean it’s not the videogames?
This can’t be true — too many policymakers and activists have invested careers in the contrary:
It is not the cartoons that make your kids smack playmates or violently grab their toys but, rather, a lack of social skills, according to new research.
“It’s a natural behavior and it’s surprising that the idea that children and adolescents learn aggression from the media is still relevant,” says Richard Tremblay, a professor of pediatrics, psychiatry and psychology at the University of Montreal, who has spent more than two decades tracking 35,000 Canadian children (from age five months through their 20s) in search of the roots of physical aggression. “Clearly youth were violent before television appeared.”
(Nikhil Swaminathan, “Taming Baby Rage: Why Are Some Kids So Angry?”, Scientific American, Oct. 16).
The hydrangeas’ fateful tint
If you think our post on the bride’s flower lawsuit has had a busy comments section, check out the WSJ law blog, where the number of comments is now up to 181.
P.S. But Above the Law still leads the field, with 214 comments on its first post and 94 on its second.
Lynne Stewart speaks at Hofstra Law
Vegas columnist, sued for libel, declares bankruptcy
John L. Smith, whom the Las Vegas Review-Journal describes as its most widely read columnist, “has filed for bankruptcy after a two-year legal battle” with casino owner Sheldon Adelson, a subject of Smith’s 2005 book “Sharks in the Desert: The Founding Fathers and Current Kings of Las Vegas.” The newspaper wasn’t sued. Smith concedes the muckraking book contained inaccuracies about Adelson but takes issue with the tycoon’s claim of damages, pointing out that Adelson has mounted from 15th to 6th richest man in the world in the Forbes standings since the book’s publication, “so it’s hard to see how he has been harmed.” Barricade Books, associated with the late Lyle Stuart, also filed recently for bankruptcy. (A.D. Hopkins, “Columnist pursues bankruptcy protection”, Las Vegas Review-Journal, Oct. 12) (via Romenesko).
$400K suit: wedding flowers were wrong color
“The use of predominantly pastel centerpieces had a significant impact on the look of the room and was entirely inconsistent with the vision the plaintiffs had bargained for,” contends bride/attorney Elana Glatt in her New York City suit, which also says the pink and green hydrangeas in the 22 centerpieces “were wilted and brown, and arranged in dusty vases without enough water. … The flowers cost $27,435.14.” “My father used to tell me, ‘Don’t deal with the lawyers,” said florist Stamos Arakas of Posy Floral Design in Manhattan, the defendant in the suit. “Maybe he was right, God bless his soul.” (“NYC bride sues florist, saying wedding flowers were wrong color”, AP/Newsday, Oct. 16). More details: NYTimes via Lat.
And: many interesting comments including the following, from “tp”, responding to a suggestion that the florist had substituted less costly blooms:
I too am a wedding designer. I can assure you that pink/green hydrangeas are NOT cheaper than “rust” hydrangeas.. actually, they are the same hydrangeas, but at different stages… the lighter being less mature, which all depends on climate and cooling conditions of the air. The rust are matured and this happens due to air temps. …
I am sure this designer ordered the correct color, but due to the extremely warm temps, the flowers have not hit that stage. Nothing either party could do (wholesaler/retailer). …it is hard to substitute different or new flowers (if they show up the wrong shade, etc) in such large quantities, a day before the wedding! These flowers need to be treated and designed. …He did not do a “bait and switch” nor make any extra money here, he probably LOST money trying to correct the problem …
The tale has stimulated many hundreds of comments at other legal blogs.
“Top ten frivolous lawsuits”
This one looks more carefully put together than most such lists, though I wish the author hadn’t waited till the end to flag the Winnebago story as mythical. For bonus points: which if any of the stories has never appeared on Overlawyered? (LegalZoom, undated).
Child safety, D.C. style
Father’s Day at the Georgetown pool:
“So let me get this straight,” I said. “If she was wearing a swimsuit with no floaties in it, that would be okay. But this suit, which is safer, is not okay.” …
“That’s right,” the manager said. “This is a government pool and that’s the D.C. government.”
(Tony Rosenberger, BLT, Jun. 18; h/t Ted on our Facebook group).
October 13 roundup
- Shocker- Washington state trial lawyers lie in ad promoting litigation windfall referendum. [The Olympian; Reject R-67]
- Mississippi AG Jim Hood rewards his out-of-state trial-lawyer campaign donors. [Hattiesburg American]
- Update: Illinois Justice Robert R. Thomas settles his libel case; sued reporter is unrepentant. [Law.com]
- Update: Cop withdraws slip-and-fall lawsuit; department placed her on paid leave and is investigating [South Florida Sun-Sentinel]
- Update: 1-800-Flowers suit dismissed on technicality; plaintiff adulterer vows to refile in New York. [On Point]
- Update: Court reverses injunction in whales v. US Navy sonar lawsuit, but lawyers vow to keep trying. [Bashman roundup]
- Wrongful sermon a cause of action? [On Point]
- Don’t expect your rapist to be convicted by a Philadelphia jury. [Philly Magazine]
- Facebook as treasure-mine for litigation evidence. [Law.com]
- Dry-cleaners can bring frivolous lawsuits, too. [New York Post]