The Daily Business Review has more on the Eller Media trial and verdict in Florida (Jul. 10). While the story unfortunately does not take any steps to resolve the question of whether the defense theory of a lightning strike had any legitimacy, the story does reveal that the beneficiary of the $65.1 million verdict will be a father who abandoned his son when he was two, and then had little to do with him over the next ten years before there was a potential deep-pocket defendant. The plaintiffs were allowed to argue to the jury that the profits of Clear Channel Communications—which bought the defendant years after the incident—should be considered. (Jessica Walker, “Strategies on the Way to a $65 Million Verdict”, Jul. 12).
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Update: Stifling archaeology, the tribal way
Sen. John McCain (R-Ariz.) is now sponsoring that very troublesome bill, formerly championed by the departed Sen. Ben Nighthorse Campbell of Colorado, to amend the Native American Graves Protection and Repatriation Act so as to expand Indian tribes’ power to assert control over prehistoric human remains not associated with any still-existing tribe (see Oct. 18, 2004). The bill would go far to reverse scientists’ victory in the nine-year court battle over tribes’ asserted right on cultural grounds to reclaim the remains of 9.300-year-old Kennewick Man (Aug. 9, 2004, etc.) Cleone Hawkinson, president of Friends of America’s Past, “says the change would make it impossible to study the earliest inhabitants of North America. ‘American archaeology would come to a standstill,’ she said.” A hearing before the Senate Indian Affairs Committee is scheduled for Jul. 28. (Sandi Doughton, “Fate of Kennewick Man study unclear”, Seattle Times, Jul. 15).
More: reader Carey Gage writes in to advise, “check out Moira Breen’s site on this issue. She has been all over it for years.”
“Bet-your-company” cases
AP Prevails in Copyright Lawsuit Over Photos of Soldiers and Iraqi Prisoners
The Associated Press and one of its reporters was sued for violation of privacy and copyright infringement for publishing photos of Navy SEALs who posed with Iraqi prisoners. A federal judge in San Diego, California dismissed the lawsuit this week. (KESQ, “Judge dismisses Navy SEAL lawsuit against The Associated Press,” Jul. 14.)
Bootleg chow
Gunner at No Quarters (Jul. 13) rounds up material on underground restaurants in the U.S. and Italy. One factor operating in their favor: the chance to set smoking policies that please the clientele as opposed to the authorities.
A thought on fast-food regulation
ABC’s John Stossel, writing in his weekly column (“Who’s really open?”, syndicated/TownHall, Jul. 13):
I did have had a wonderful time on Air America’s “Morning Sedition,” with a host who was furious that government doesn’t stop Americans from eating too many Big Macs. I treasure the moment of silence that followed my saying that government that’s big enough to tell you what to eat … is government big enough to tell you with whom you can have sex.
Europe Overlawyered
In some places it’s worse: a group of French cleaning ladies organized a car-pool to take them to their jobs across the border in Luxembourg. For their efforts, they, and their employer, Onet-Luxembourg, have been sued by bus service Transports Schiocchet Excursions, for “unfair competition”; the bus company seeks to have the cars seized. The case will be heard in January. (Kim Willsher, “Bus firm takes car sharers to court”, Guardian, Jul. 11 (via Taylor); Thomas Calinon, “Préférer sa voiture au bus peut vous conduire au tribunal”, Libération, Jul. 9).
Native Hawaiian tribal recognition
Michelle Malkin has the latest (Jul. 12).
NAACP to pursue reparations claims
“Absolutely, we will be pursuing reparations from companies that have historical ties to slavery and engaging all parties to come to the table,” says the group’s interim president, Dennis C. Hayes. The definition of historical ties is conveniently elastic, too:
James Lide, director of the international division at History Associates Inc., a Rockville firm that researches old records, said determining how many U.S. businesses are linked to slavery depends upon definition.
Almost every business has at least an indirect link to slavery, he said. For example, some railroad and Southern utility companies can trace their roots to businesses that used slave labor. Textile companies, for example, use cotton that was grown on Southern plantations.
“There’s never going to be a solid number because the idea of how you connect a company to slavery is more a political one than a historical one,” Mr. Lide said.
(Brian DeBose, “NAACP to target private business”, Washington Times, Jul. 12). Ironically or otherwise, large American businesses — including some of the same ones targeted in the reparations demands — are already the NAACP’s biggest source of financial support. “We will take your money today,” said Hayes, “and sue you tomorrow.” (Greg Barrett and Kelly Brewington, “Corporate Funding Raises Ethical Questions For NAACP”, Baltimore Sun, Dec. 13, 2004). More on reparations: Jun. 10 (again), Jul. 7, Jul. 9 and many more.
“Users of Assistance Dogs Leave a Trail of Lawsuits”
Erma Miller has filed 21 discrimination claims in southern California over alleged failure to serve her because of her assistance dog. Some defendants suspect a scam: Miller regularly alleges that the failure to permit entrance to the dog meant she couldn’t use the restroom and soiled herself. They’re also suspicious of Miller’s “practice of providing Rottweilers to other people, who took the dogs to businesses, got bounced and filed lawsuits,” and hints that her disbarred-attorney ex-con husband has a hand in the litigation. Lynn Stites had served eight years for a multi-million-dollar litigation-related insurance fraud scheme out of a Grisham novel:
During the 1980s, Stites organized a clandestine network of attorneys who infiltrated complex civil cases in Los Angeles, Orange and San Diego counties by getting insured defendants to hire them in place of their insurance company lawyers.
Posing as independent and, at times, snarling adversaries, they worked in concert to manufacture new legal controversies so that lawsuits would grow in complexity and cost.
In some cases, the lawyers paid kickbacks to clients for the right to defend them on the insurers’ dime. Stites essentially franchised the litigation, directing strategy and assigning lawyers to various defendants. His minions, in turn, kicked back a cut of their take—paying in cash, precious metals, and improvements to his house.
Three cases are scheduled for trial in the next few months. Miller has already collected six digits worth of settlements, but a suit against Marriott did not go as well:
As part of her deposition, Marriott lawyers videotaped Miller with Giggy, the Rottweiler mix involved in the Marriott suit and several others. Giggy could not obey commands to sit, to pick up Miller’s cane or to help her through the door.
(Myron Levin, LA Times, Jul. 10). More on service dog suits: May 5 and links therein.
Disclosure: At my former firm, I represented Marriott in unrelated litigation. As with all my posts, I speak for myself, and not for my current employer, my former employers, nor my former clients.