“…Never ever ever ever ever mention that the job of a lower judge is to apply the decisions of higher courts. Treat his opinions as if they represented his personal views of what the law should be.” David Nieporent’s (Jumping to Conclusions) commentary on judicial nomination fights is reprinted at Point of Law.
Archive for the ‘Uncategorized’ Category
“Man glued to toilet seat sticks to story”
“A man who sued Home Depot claiming that a prank left him glued to a restroom toilet seat has passed a lie detector test, a newspaper reported.” After Bob Dougherty made headlines with his allegations that employees of the home improvement chain failed to respond to his calls for help, “Ron Trzepacz, former director of operations in Nederland, where Dougherty lives, said that Dougherty claimed in 2004 that he was glued to a toilet seat in the town’s visitor center but pulled himself free.” However, Dougherty said he knew nothing of Trzepacz or of such an incident and offered to take the polygraph test, which was arranged by a local television station. (AP/CNN, Nov. 11). Amid the numerous puzzling aspects of the case, one aspect is reassuringly familiar, namely that it’s Not About the Money (see Nov. 7, etc.) “It’s not about the money. I want my health back. I want to be back to normal,’ Dougherty said. ‘I want to make sure this doesn’t happen to anybody ever, ever again.'” His lawsuit asks $3 million for pain, humiliation and other losses. (AP/CNN, “Man glued to toilet may have history”, Nov. 8). Possibly the most groanworthy headline, of several candidates, was the Dallas Morning News’s: “Toilet allegation: Was it stunt No. 2?” (Nov. 8).
“For Online Parents’ Group, a Legal Scare”
When “a recent question about a preschool prompted a mother and shop owner to recount a bad business encounter with the school’s director, the husband of the school’s director threatened to sue the board’s moderators for defamation.” As “Mr. [Edward B.] Safran’s threats of a lawsuit continued, the moderators were scared into shutting down the message group’s entire archives this month.” (Mokoto Rich, New York Times, Nov. 13).
Stealing his godly powers
A man named Christopher Roller, who can be safely described as eccentric at least in his views, is suing magician David Copperfield for that alleged offense. (Squander Two blog, Nov. 3).
Jack Thompson quits Grand Theft Auto case
“Jack Thompson, the colorful Miami attorney who has become synonymous with lawsuits against video game companies, withdrew as the attorney for the plaintiffs in Fayette’s video game trial.”
…Thompson’s withdrawal comes after a hearing on a motion from the defense attorneys, who represent video game manufacturers and distributors, to revoke Thompson’s privilege to practice law in Alabama during the case. Judge James Moore granted Thompson, pro hac vice, the legal term for the temporary privilege, when the suit was filed.
Defense Attorney Jim Smith claimed that Thompson bombarded him, his co-counsel Rebecca Ward and his law firm, Blank Rome, with threatening and harassing e-mails and letters. He also accused Thompson of violating legal ethics, misrepresenting an alleged past history of disciplinary problems and attempting to poison the jury pool with frequent press releases and appearances in the news media….
Since defense attorneys filed the motion, Thompson has claimed they were “coming after” him. He said Blank Rome’s strategy has always been to attack its opponents.
(“Robert DeWitt, “Attorney in Fayette case bows out”, Tuscaloosa News, Nov. 8). More coverage: IGN, GamePolitics.com, GameSpot News, The Inquirer. For more on Thompson’s antics, see Feb. 19, Oct. 21, etc.
Balloting results
In Washington state, voters defeated I-330, a doctor-backed plan to limit medical malpractice awards and lawyers’ fees, by about a 54-46 margin, while also drubbing I-336. a lawyer-backed alternative (Seattle P-I, Seattle Times). California voters trounced, by a 61-39 margin, Proposition 79, which would have regulated drug prices via freelance lawsuits among other means; they defeated Proposition 78, a drug-industry-backed alternative, by nearly as wide a margin. (L.A. Times, Sacramento Bee). In Virginia, former Richmond mayor and Democrat Tim Kaine, who had been criticized by the American Justice Partnership (Nov. 2), won the governorship anyway (Wash. Post). Texas voters easily passed an anti-gay-marriage constitutional amendment that Houston attorney Warren Cole, chairman of the State Bar of Texas’ family law section, called “horribly drafted” and which would prohibit the recognition of any “legal status” that is “similar to marriage” (more from Cathy Young)(see yesterday’s post) (Dallas Morning News) (cross-posted at Point of Law).
Poetic justice department: Rex Carr sued
Jason Shafer is seeking $50,000 for medical expenses and pain and suffering for neck and shoulder injuries allegedly sustained in a fender-bender with the late-model BMW of attorney Rex Carr (Dec. 23; May 4, 2004). (Steve Gonzalez, “Rex Carr sued for allegedly causing rear-end collision”, Madison County Record, Nov. 3).
“Gripe site” protected as opinion
Continuing a trend toward the protection of “gripe sites” as free speech, a Manhattan judge has ruled that a New Jersey man’s website assailing an auto warranty company did not constitute actionable defamation. Penn Warranty Corp. sued Ronald DiGiovanni over eight allegedly libelous statements posted on his site, including assertions that it is a “blatantly dishonest company” that has been “running scams,” “committing fraud on a grand scale,” and “ripping off its contract holders for quite a while.” The judge granted DiGiovanni’s request for a summary judgment dismissing the action, however, ruling that “the web site, when viewed in its full context, reveals that defendant is a disgruntled consumer and that his statements reflect his personal opinion based upon his personal dealings with plaintiff. They are subjective expressions of consumer dissatisfaction [and] are not actionable because they are defendant’s personal opinion.” (Mark Fass, “Court Finds ‘Gripe Site’ Is Protected Free Speech, Not Defamation”, New York Law Journal, Nov. 1).
Satire in The Onion
The humor publication, taking note of lawmakers’ recent passage of industry-by-industry liability limits protecting gun manufacturers and makers of fattening food, suggest a bunch more “New Corporate Responsibility Laws”. Among them: “Camera manufacturers no longer held accountable for embarrassing intimate photos posted on Internet” and “Slushee Corporation cannot be blamed for lowered sexual desire when product is accidentally spilled on lap”.
Erin Brockovich/Harvard School of Public Health update
The CJAC has an idea for the Harvard School of Public Health: rather than make an embarrassing decision to give a “Health Award” to the facile celebrity, why not give the award to Norma Zager, the Beverly Hills Courier reporter who exposed Erin Brockovich’s quackery? (May Habib, “Brockovich Awarded SPH’s Highest Honor”, Harvard Crimson, Oct. 19; Jessica Heslam, “Lawyer group protests award for `Erin Brockovich'”, Boston Herald, Oct. 18). Earlier coverage: Oct. 6 and especially Sep. 30 and links therein.