Boston software maker Jenzabar has already sued the makers of a Tienanmen Square documentary on defamation theories, which a court dismissed. But it’s kept the litigation going on trademark infringement theories. [Paul Levy, Consumer Law & Policy; Ron Coleman, Likelihood of Confusion; Boston Globe June report linked earlier]
Posts Tagged ‘Boston’
August 18 roundup
- Tiananmen Square events echo today in acrimonious defamation suit against filmmakers [Boston Globe]
- Andrew Ferguson disrespectful toward David Kessler’s nanniferous book on obesity policy [Weekly Standard]
- “Yes, People Dislike The RIAA Because Of Its Actions” [TechDirt]
- The big difference race makes in medical school admissions [Discriminations, Mark Perry/Carpe Diem]
- Texting, workplace flirtation and sexual harassment law [Forbes/MSNBC]
- After real estate firm grabs and uses online pic, photographer finds satisfaction through small claims court [West Seattle Blog h/t @VBalasubramani]
- Virginia: latest case seeking to open emotional-distress damages for death of pets gets help from former White House counsel Lanny Davis [WaPo, earlier]
- Brazil police allege that host of true-crime TV series ordered killings to ensure good footage for the show [AP]
“Author of Racist Email About Gates Sues to Keep His Job”
We haven’t weighed in on the Henry Louis Gates vs. Cambridge police affair, but it looks as if at least one really choice employment-law suit is going to come out of it. [WSJ Law Blog, Boston Globe]. The cop, Justin Barrett, is suing for intentional infliction of emotional distress, among other harms. Elie Mystal, Above the Law: “I. Just. Love. America.“
Annals of legal marketing
Our “law firm would be happy to discuss your rape case with you during a free consultation” [The Briefcase, Ohio law blog; original, posted by a Boston law firm, Jan. 2008]
While we’re at it, Above the Law spots a San Antonio lawyer whose advertising leaves something to be desired in the tastefulness department; and Patrick at Popehat enters into communication with the Twitter account @SueEasy (more on which) with lively results.
Fractious in Framingham
A long-running controversy pits some elected officials and townspeople of Framingham, Mass., west of Boston, against a social service agency that has proposed the town as a site for halfway houses and other residential facilities for recovering addicts, the homeless and others. Two years ago things turned particularly unpleasant:
…[South Middlesex Opportunity Council] filed suit in federal court this week demanding damages not just from town officials, but from citizens who have dared criticize the agency and challenge its plans.
SMOC’s 99-page complaint [which alleged violations of the Fair Housing Act, federal Rehabilitation Act, Americans With Disabilities Act and Civil Rights Act — ed.] piles up charges against selectmen and planning board members not just in their official capacity, but as individuals. It targets town employees, both named and unnamed. It calls for damages against four Framingham Town Meeting members and two citizens for comments made on a private Web site and e-mails distributed on a privately-operated mailing list.
The ACLU of Massachusetts expressed unease at the naming of private citizens as defendants over their advocacy efforts. While the lawsuit has been narrowed somewhat in the two years since then, it continues to engender much acrimony as it drags on:
Aggravating the ill will is a recent revelation that a man charged with shooting a local police officer had lived in a home run by the agency, the South Middlesex Opportunity Council, or SMOC.
U.K.: “Disability discrimination risk for council suing former MD”
American legal concepts crossing the Atlantic yet again: “A council suing its former managing director for £1m for allegedly lying on her job application is at risk of being accused of disability discrimination, an expert has warned.” Cheltenham Borough Council claims its former executive gave false answers on a medical history to conceal a history of depression, but an employment lawyer says employers should not assume they have a right to discipline workers for lying about their medical history during the application process.
Readers of my book on employment law, The Excuse Factory, may recall the somewhat similar case with which I started off Chapter 1. Incidentally, those who are curious what became of the Boston police officer cited in that account may be interested in following this link.
Jim Sokolove, Stanford, and the “Roadmap to Justice”
TV’s biggest lawyer-advertiser is Boston’s James Sokolove, whose ad budget of $20 million/year makes him a widely recognized figure (and much parodized on YouTube). He’s reportedly offered $1,500 apiece for mesothelioma leads, seen his name in an episode of “The Sopranos”, and even advertised for patent plaintiffs. Turns out he hasn’t seen the inside of a courtroom in nearly thirty years, instead farming out his callers to others. [Boston mag via Ambrogi] “The message behind his ads, he says, is simple: Injured? Free money.”
Now his Sokolove Charitable Fund is giving him a shot at new respectability with help from no less august an institution than Stanford Law School (thank you, Prof. Deborah Rhode), It’s bankrolling something called the Roadmap to Justice Project, which will push the much-criticized-in-this-space “Civil Gideon” idea (a newly invented Constitutional entitlement to taxpayer coverage of lawyers’ fees in civil lawsuits).
Judge Murphy reprimanded by Massachusetts high court
The judge, who agreed in August to leave the bench, was called up for discipline after a furor over the “fascinatingly repellent” letters he sent to the Boston Herald demanding settlement after he secured a libel judgment of more than $2 million against the paper; further embarrassments ensued. [Ambrogi, Legal Blog Watch]
December 16 roundup
- “The Boston Public Health Commission has just banned the sale of all tobacco products at colleges. Not high schools. Colleges.” [Saletan, Slate]
- Sometimes the case caption seems to tell a little story all by itself [Lorraine Hodges v. Mt. Zion Temple d/b/a Zero Gravity Skatepark Oakland County, Mich., 12/1/2008 08-096435 NI Chabot (Pontiac), slip-fall on snow and ice]
- Consumer complaint site Ripoff Report is magnet for lawsuits [Citizen Media Law, Eric Goldman and again]
- EEOC hearing on English-in-the-workplace issues [Clegg, NRO “Corner”]
- Wiretapper Anthony Pellicano, helpful gnome behind the scenes for many powerful Hollywood lawyers, sentenced to 15 years behind bars [CNN, Patterico]
- “Hungary’s Constitutional Court says it has annulled a law giving rights to domestic partners because it would diminish the importance of marriage”; now just watch how many folks on both sides flip their opinion of judicial activism [AP/WHEC]
- No teaser rates for you! Harvard’s Elizabeth Warren wants new law empowering federal government to order withdrawal of “too-risky” consumer credit products [Consumer Law & Policy]
- Major new study of defensive medicine, conservatively estimated to waste $1.4 billion in Massachusetts alone [KevinMD, Boston Globe; Massachusetts Medical Society]
October 2 roundup
- Cameras in the Neiman Marcus “loss security” (anti-theft operations) room? So unfair when they catch two employees making whoopee [Chicago Tribune via Feral Child]
- Flipping their wigs: after three centuries judges in British civil and family courts today end tradition of horsehair wigs [Times Online]
- The right number? $28 million to Boston victim of negligent Big Dig construction [Globe]
- White collar advice: “Always commit crimes with people more important than you are, so you can turn them in” [Dershowitz, Forbes]
- Injured while skylarking on freight trains, now want Oz taxpayers to pay for their injuries [The Australian]
- That’ll spoil the fun: New Jersey high court bars judges from discussing future employment with lawyers who have pending cases before them [NJLJ]
- Compromise on Capitol Hill lets Pandora survive a little longer to negotiate with music rights owners [ReadWriteWeb; earlier here, here]
- Rapists with leverage over the adoption of a resultant child? [four years ago on Overlawyered]