California’s s. 17200, while handy in kneecapping private businesses which try to defend themselves in public controversies, can’t be used to silence speech by government: “An animal rights group’s challenge to a ‘Happy Cows’ advertising campaign by a state advisory board was rejected by a California appeals court in San Francisco today. The Court of Appeal said that a government entity can’t be sued for false advertising under the state’s Unfair Business Practices Act.” (“Animal rights group loses lawsuit against ‘Happy Cows’ commercial”, San Mateo County Times, Jan. 12; Mike McKee, “PETA Loses Suit Over California Cow Ads”, The Recorder, Jan. 13)(see Nov. 30). Update Apr. 23: California Supreme Court denies review.
Archive for the ‘Uncategorized’ Category
Judge blinks at cosmetics settlement
Trouble for that no-blush, high-gloss, invisible-foundation antitrust class action (see Dec. 3 and links from there): at a two-hour hearing, federal judge Saundra Armstrong declined to approve the deal in its present form, saying “she agreed with the broad outlines of the settlement but was troubled by the details of how such a large volume of free [makeup and perfume] would be distributed”. Josh Gerstein of the New York Sun has a report (“Antitrust Suit Over Pricing of Cosmetics Hits a Snag”, Jan. 12). Update Mar. 14: judge approves settlement.
Lawyer-joke tellers hire…a lawyer
Those two Long Island men who say they were arrested for telling lawyer jokes at a Nassau County courthouse (see yesterday’s post) were soon deluged with offers by lawyers to represent them for free. Reports Newsday:
“Barbara Bernstein, executive director of the Nassau chapter of the New York Civil Liberties Union, said she found the arrests “bewildering” and she called the men yesterday to determine whether the organization could help. “It’s just bewildering and preposterous that they should be arrested for telling lawyer jokes,” Bernstein said. “What’s the violation of law here?”
(Zachary R. Dowdy, “Lawyers offer help after pair’s anti-lawyer joke arrest”, Newsday, Jan. 13). The two men, Harvey Kash and Carl Lanzisera, have now accepted an offer of representation by radical attorney and New York radio personality Ron Kuby. (“Kuby takes jokers’ case”, Jan. 14). Further update: Jan. 30.
Arrested — for telling lawyer jokes?
It happened at the First District courthouse in Long Island: Nassau County court spokesman Dan Bagnuola says Harvey Kash, 69, and Carl Lanzisera, 65, of the gadfly group Americans for Legal Reform, were charged with disorderly conduct because they were “being abusive and they were causing a disturbance,” while Kash and Lanzisera said all they were doing was telling a lawyer joke (the “his lips are moving” one) while standing in line to get into the courthouse. “The pair said that for years they have stood outside courthouses on Long Island and mocked lawyers.” An attorney reported them to the guards. (“Pair arrested for telling lawyer jokes at Long Island courthouse”, AP/Newsday, Jan. 12; L.A. Times; South Florida Sun-Sentinel). Eugene Volokh has some analysis of the First Amendment issues. More watch-what- you-say- about-lawyers stories: Dec. 23 and links from there. Updates: Jan. 14, Jan. 30.
Lottery fine print
A judge has rejected a lawsuit by 94-year-old lottery winner Louise Outing of Everett, Mass., seeking to force the Massachusetts Lottery Commission to suspend its rule that lottery jackpots get paid out in installments over 20 years; she wanted it paid as a lump sum in view of her advanced age. The lottery’s executive director pointed out that the rule is printed on the back of all bet slips. A judge also noted that there are companies that will pay lottery winners a lump sum in exchange for the right to collect the twenty-year stream of payouts. (David Weber, “Judge nixes quick cash for elder lotto winner”, Boston Herald, Dec. 31; “Lottery winner, 94, loses in court”, AP/Boston Globe, Dec. 31; “Massachusetts Judge Denies Demand for Lump-Sum Lottery Prize Payment”, Dec. 30). The maxim Brian J. Noggle derives from the woman’s unsuccessful suit, in a post at his blog: “Rules are made to be litigated”. More lottery litigation: Mar. 26, 2004, May 20-21, 2002, and, a bit farther afield, Jun. 28, 2004.
Reminder: D.C. conference on 9/11 fund tomorrow
A reminder: I’ll be among the panelists at a half-day conference on Capitol Hill tomorrow sponsored by the Manhattan Institute and examining the lessons of the 9/11 compensation fund. Attendance is free, but you must register in advance here.
Guestblogger thanks
Thanks again to Caleb Brown, who’s guestblogged here over the past week. His regular posts can be found at catallaxy.net.
Catfight in Philly
“Two of the most prominent personal-injury law firms in Philadelphia have gone to war with each other over a star litigator, a portfolio of clients, and tens of millions of dollars in potential fees. The law firm of the late James E. Beasley has accused a rival firm, Kline & Specter, of luring away one of its top litigators, Andrew J. Stern, and improperly soliciting clients from the Beasley Firm.” (L. Stuart Ditzen, “A battle of firms for fees, clients”, Philadelphia Inquirer, Jan. 12). Both firms make repeated appearances in the archives of this site.
“Do not eat iPod Shuffle”
That’s the disclaimer buried in small print toward the bottom of Apple’s page explaining its new music-playing gadget. It isn’t, of course, a serious disclaimer, merely serving to call attention to the device’s minute dimensions (smaller than some packs of gum) and stir up buzz (as with this very post).
Overlawyered: Yemen edition
Not that you need me to tell you not to go to Yemen, but on December 26, the American Embassy in Sana’a advised US citizens of a possible threat against the Aden Hotel, located quite near where the USS Cole was bombed in 2000. Most heeded the call and left the hotel or cancelled reservations. The Aden Hotel, upset at the lost of business, responded in the American language: a lawsuit, claiming $500,000 in damages. “The warning period ended and nothing bad occurred, so this indicates that such rumors have no place of truth,” General Manager Fadhl Al-Hilali said. The Yemen Times takes a break from cartoons calling for the murder of hook-nosed cannibal Jews (paging Charles Johnson) to cover the story superficially. (Ridhwan Al-Saqqaf, “Aden Hotel files suit against US Embassy”, Yemen Times, Jan. 6-9; “UK embassy to remain closed until Tuesday”, Yemen Times, Jan. 10-12; Incessant Rant blog).
More seriously, elsewhere in Yemen, the Southeast Sana’a Court sentenced journalist Abdul-Karim Sabra to two years in prison; Sabra, the editor-in-chief of the newspaper Al-Hurriah (“Freedom”), had had the newspaper’s license revoked when he changed the logo to mark the paper’s 25th anniversary without permission. (“Police pursue publisher of banned newspaper”, Yemen Observer, Jan. 8; IFEX press release, Oct. 28). Remember that next time Bill Maher complains that he’s being censored because he’s only making a million dollars a year hosting a cable tv show.