When is it legally safe to circulate or publish fiction based on characters created by someone else? C.E. Petit (“Scrivener’s Error”) has put up a long series of posts over the past month on the question: first, second, sidebar, third, fourth. Part 4 discusses the Marvel multiplayer gaming lawsuit (see Jan. 4) (via Bainbridge).
Archive for the ‘Uncategorized’ Category
More updates
The St. Petersburg Times has a feature on $15-million Dillard’s escalator settlement for Kerriana Johnson and her family (Feb. 2); just in time for Valentine’s Day, it’s a love letter to the plaintiffs’ attorney team of Justin Johnson and Michael Keane. It’s a little much, especially when the reporter marvels that Johnson and Keane were clever enough to videotape depositions, something that’s been all but standard practice for big cases for at least five years. Another all-too-typical strategy decision, credulously praised by the reporter who covered the trial: interrogate Dillard’s employees who had nothing to do with the accident, and then claim their ignorance about the facts shows the callousness of the corporation. (Jamie Thompson, “Legal ‘Odd Couple’ formidable in court”, Feb. 7; Jamie Thompson, “Witnesses recount store horrors”, St. Pete Times, Jan. 19). Interesting aspect we hadn’t previously commented on: the girl’s mother, Lori Medvitz, had been awarded only $20,000 by jurors; the settlement gives her (as opposed to her daughter) $3.8 million. None of the press coverage dares to suggest that there may have been a bit of a conflict of interest there. (Jamie Thompson, “Escalator suit ends in $15-million deal” St. Pete Times, Feb. 2).
The Los Angeles Times has more detail about the fraud case that led to a mistaken $1.8 billion verdict (Feb. 8); the defendant’s story is quite fishy. (Bob Pool, “Essay Flap’s Plot Takes Strange Turn”, Feb. 10).
Wanita Renea Young
Consumer bankruptcy reform
Todd Zywicki is making a strong case for it over at Volokh Conspiracy, and promises more posts to come.
John Stossel
…has his own syndicated column now. ABC News continues to maintain the main Stossel webpage (more).
TV and radio today: Fox, NRA News
Fox News’s “DaySide” has booked me today to discuss an assortment of unusual or colorful lawsuits recently noted on this site. I’m scheduled to be on between 1 and 2 p.m. Eastern, probably around 1:20 p.m. (Update: for more on the cases discussed, follow the links: high-speed cop chase; train crash worsened his drinking; “Fear Factor“; pharmacy theft; concert noise; “beware of dog” signs.)
Also, at 4:40 p.m. Eastern, I’ll be live on the Cam Edwards show, which streams at nranews.com (National Rifle Association) and Sirius satellite radio, to discuss my NY Times piece on NYC gun law (more).
Update: charges dropped in lawyer-joke case
“A couple of jokers from Long Island got the last laugh yesterday after a grand jury dismissed charges they had caused a disturbance when they told lawyer jokes in front of an attorney.” (see Jan. 13, Jan. 14, Jan. 30). “It’s still legal in America to tell jokes — even about lawyers,” said their attorney, Ron Kuby. (Devin Smith, “Good ‘Gag’ Rule”, New York Post, Feb. 9).
Cop asks for $6M for glass in burger
18-year-old Albert Garcia, Jr. of the Bronx has a “general distaste” for police officers–so, with other McDonald’s employees watching, he put glass in Officer John Florio’s Big Mac; Florio broke a tooth and cut his mouth and throat. Garcia was caught in a sting when an undercover police officer saw him spitting on another cop’s drive-through order, confessed, and is facing assault charges.
Now Florio is suing. One suspects that McDonald’s is willing to pay Florio’s medical expenses (the press doesn’t say one way or the other) as they should, but Florio, through his lawyer Richard Kenny, wants $6 million ($1 million in “compensatory” damages) from the national chain for failure to supervise Garcia properly. Because, after all, no other fast-food chain has teenage employees who adulterate food, perhaps because of the sophisticated two-key systems (much like those used for nuclear missiles) before employees are allowed to make a sandwich. (Alison Gendar, “Hurt cop sues McD’s for $6M”, NY Daily News, Feb. 8; Denise Buffa and Marsha Krane, “Glass-Burger Cop Sues”, NY Post, Feb. 8; Erin Calabrese and Dan Mangan, “Big Mac Attack vs. Cop”, NY Post, Jan. 31). The complaint suggests that McDonald’s should’ve fired Garcia sooner because of “aberrant behavior”, but, once again, firing someone risks an employment lawsuit.
Thank you to all
I would like to thank Walter and Ted for having me here at Overlawyered and thank everyone for reading. I return now to chronicling the intersection of sports, law and life at the Sports Law Blog. It has been a fun week, though, and I have learned a great deal. Hopefully, through efforts like this blog, people will understand that litigation is not the answer to every problem, so that the courts may focus on the rights of those that truly have no other recourse. P.S. from W.O.: Sports Law Blog can be found here.
Jury awards $1.8 billion . . . by mistake
“The jury wanted to punish Ben Waldrep for holding a house-giveaway contest it had decided was bogus, but when jurors awarded punitive damages Monday, they wound up dealing him a much harsher financial blow than intended. The jurors apparently meant to have the contest’s 1,800 entrants split $1 million. But they accidentally awarded each of them $1 million. That means, officially anyway, Waldrep has been ordered to cough up $1.8 billion.” Superior Court Judge Andria Richey is expected to lower the damage amount on motion by the defense, but she did not question the jury at all about the amount before releasing them. (Josh Grossberg, “Mistake by jury gives essay writers a $1 billion windfall,” Daily Breeze, Feb. 8).