Archive for the ‘Uncategorized’ Category

“I Am Not A Jackass”

A.J. Jacobs considers–and rejects–the idea of suing Joe Queenan over a bad book review.

But then I remembered what I had learned in the encyclopedia: James McNeill Whistler tried this tactic, and it ended pretty badly. He filed a libel suit in 1878 after the critic John Ruskin called him a ”coxcomb” and denounced his painting ”Nocturne in Black and Gold: The Falling Rocket.” Whistler won a token judgment of a farthing — but the cost of the case bankrupted him. So no lawsuits from me. And at least I wasn’t called a coxcomb.

(NY Times, Feb. 13) (via Radosh).

No good deed goes unpunished

In the same vein as a potluck, AP covers Oscar party excess:

So what happens to all those untouched short ribs, lobsters, truffles and tortes?

Governors Ball leftovers are donated to homeless shelters and other charitable causes around town. But the lawyers got in the way of any such benevolence at the Elton John party, fearing the caterer would be liable for anyone who got sick on the scraps.

(Beth Harris, “Planners get ready for Oscar parties”, Feb. 17) (via Defamer).

And now for something completely different…

I don’t know if I buy this Globe and Mail paragraph, which John Palmer saw first.

An indignant Israeli is suing a pet shop that he says sold him a dying parrot, reports the Ma’ariv newspaper. Itzik Simowitz of the southern city of Beersheba contends the shop cheated him because the Galerita-type cockatoo not only failed to utter a word when he got it home, but was also extremely ill. Mr. Simowitz adds that the shop owner assured him the parrot was not ill but merely needed time to adjust to its new environment.

The Australian provides enough additional detail that one believes that Ma’ariv printed it. On the other hand, Ma’ariv seems prone to parrot tales that sound like urban legends.

(Alex thought of the post title first.) Previous Python-related litigation: Dec. 27.

Zwebner lawsuits on Internet posts

Michael J. Zwebner, the CEO of penny-stock holding company Universal Communication Systems , is unhappy that he’s being flamed on the RagingBull.com message board, run by Lycos. He may have a legitimate beef to some extent; the dozens of John Doe usernames he’s seeking to discover in one lawsuit are being represented by a lawyer, L. Van Stillman, who apparently pled guilty to SEC charges of “pump and dump” schemes. (Then again, UCSY has a fishy 10-K, being forced to admit that their auditors don’t think that the company can be maintained as a going concern. They’ve certainly had some bad luck: UCSY’s 2003 10-K was late “because of a fire at the building which houses the Company’s corporate headquarters”. The most recent 10-Q was late “due to a fire at the corporate accountant’s office”.)

More importantly for our purposes here, Zwebner’s litigation methods, through his lawyer John H. Faro, are questionable. He’s filed five lawsuits in federal court in Miami, against anonymous posters, against Lycos (for, among other things, “trademark violations” for naming a message board after the ticker symbol UCSY), and even a couple of purported class actions. He’s especially upset at one anonymous poster, who has the especially credible username of Wolfblitzzer0 [sic]. So, Zwebner has sued… CNN and the real-life Wolf Blitzer! It seems, according to Zwebner’s view of the world, that Blitzer is supposed to be on the lookout for anonymous posters using similar names, and should be held liable for such posters’ postings when he fails to police the use of such usernames. (Jessica M. Walker, “Executive Faces Uphill Battle in His Suits Over Anonymous Web Attacks”, Daily Business Review, Jan. 28).

A Google search shows that Zwebner seems to have had previous success intimidating posters into silence. Update: Professor Volokh comments.

Light posting; Mencimer reply

I’ve been mostly out of commission owing to one of the bugs that’s been going around, so although there are a lot of great items in the pipeline, I expect they’ll have to wait a bit. Ted will be posting, though.

In the mean time, for readers who followed Stuart Taylor’s refutation (posted here Jan. 19, with comment) of Stephanie Mencimer’s tendentious Washington Monthly article of last October, the Washington Monthly has at length notified its online readers of Taylor’s response, and posted a (to me, very lame) defense by Mencimer of her article (Feb. 15).

McDonald’s settles trans fat claim

The fast-food chain has agreed to settle charges arising from its having missed a self-announced deadline for reducing the use of trans fats in its cooking oil. It will pay $7 million to the American Heart Association for an educational campaign, $1.5 million to publicize its future progress in the quest for better fats, and unspecified attorneys’ fees to the plaintiffs. The “chain said it had issued a news release in February 2003 saying its plans had been delayed,” but Stephen Joseph, a San Francisco attorney who runs a pressure group called BanTransFats.com, sued contending that the restaurant chain did not adequately publicize the setback. (Joe Garofali, “$7 million for suit on trans fats”, San Francisco Chronicle, Feb. 12). For attorney Joseph’s earlier suit demanding unsuccessfully that the sale of Oreo cookies to kids be banned, see May 13, 2003.

Foodmakers say the use of trans fats is the only practicable way left to avoid the prospect of limp and off-flavored French fries and donuts, in part because earlier campaigns succeeded in demonizing butter, animal and tropical fats, though some of those fats are now considered less harmful than their replacements. Many nutritionists

had made their careers telling people to eat margarine instead of butter,” said Walter Willett, chairman of the Department of Nutrition at the Harvard School of Public Health and one of a handful of medical researchers who have led the fight against trans fat. “When I was a physician in the 1980’s, that’s what I was telling people to do and unfortunately we were often sending them to their graves prematurely.”

That certainly inspires confidence in the idea of giving nutritionists access to the coercive machinery of government to enforce their recommendations, doesn’t it? (Kim Severson and Melanie Warner, “Fat Substitute Is Pushed Out of the Kitchen”, New York Times, Feb. 13).

Town won’t accept racy calendar proceeds

Since the 1999 sensation over England’s “Ladies of Rylstone”, the fad has spread around the world of charity fundraising calendars displaying the unclothed (but strategically obscured) bodies of middle-aged and elderly townspeople. In Carmel, Calif., however, the city is refusing to accept $40,000 in proceeds from the Carmel Fire Belles calendar, which features local women aged 51 to 84 posing behind firefighting equipment. City attorney Donald Freeman “said that under the California Fair Employment and Housing Act, accepting the money could make the city liable for a sexual-harassment lawsuit. He says the city has already received numerous complaints from city workers.” An outside law firm offered the same opinion, Freeman said. (Nicholas Shields, “Fearing Lawsuits Because of Birthday Suits, City Shuns a Gift”, Feb. 7).

Update: NY Fen-Phen Fee Fracas

Parker & Waichman referred fen-phen cases to Napoli Bern; Napoli Bern negotiated a fen-phen settlement with the manufacturer. Now, Parker & Waichman is charging that Napoli Bern’s lump-sum settlement was distributed in such a way to favor Napoli Bern’s direct clients, thus increasing the total attorney fee take for Napoli Bern and decreasing the amount it would have to share with referring law firms. Napoli Bern denies the allegations. (Jonathan Glater, “When Law Firms Collide, Things Sometimes Get Ugly”, NY Times, Feb. 12) (via Bashman). Previous coverage: Dec. 28, 2001.

“I did considerable research before I sued a seven-year-old.”

That’s a quote from attorney Judson Hawkins, who’s representing Mary Ellen Michaels in her lawsuit against a seven-year-old boy whose bike she collided with while rollerblading, the boy’s grandmother and parents (“who were a thousand miles away at the time”). The Ohio courts have dismissed her complaint, but Michaels vows to appeal to the state supreme court if necessary. (“Suing a 7-Year-Old”, Cleveland Scene, Feb. 9).