damage theories – Overlawyered

NFL wants “restitution” over performer’s middle finger gesture

Walter Olson — Tue, 18 Mar 2014 13:28:27 +0000

The National Football League had already been seeking $1.5 million in arbitration for alleged contractual breach against rap singer M.I.A. for extending her middle finger during a performance at the 2012 Super Bowl. “Now the NFL has added an additional claim, seeking $15.1 million more in ‘restitution’ as the alleged value of public exposure she received by appearing for an approximately two minute segment during Madonna’s performance. The figure is based on what advertisers would have paid for ads during this time.” [Hollywood Esq.]

Tags: damage theories, football, music and musicians

NFL wants “restitution” over performer’s middle finger gesture is a post from Overlawyered - Chronicling the high cost of our legal system

U.K. man’s suit: church misled him “into following false beliefs”

Walter Olson — Fri, 09 Mar 2012 15:24:06 +0000

“A retired semi-professional footballer who claims his faith ruined his chances of playing for Manchester United is suing the Baptist Church for £10 million.” Arquimedes Nganga “quit the sport aged 25 when he converted to the Baptist faith. He said: ‘I could definitely have had a long career in the Premiership'” had he not given it up. [Evening Standard]

Tags: churches, damage theories, sports, United Kingdom

U.K. man’s suit: church misled him “into following false beliefs” is a post from Overlawyered - Chronicling the high cost of our legal system

“Relationship Breakup Following Collision ‘Too Remote To Create Liability'”

Walter Olson — Wed, 28 Dec 2011 05:12:34 +0000

Canada: The British Columbia Supreme Court has found “that a claim for damages for a break-up of a relationship following a collision is too remote for liability.” It accepted the plaintiff’s contention that the car crash had aggravated his pre-existing problems of back pain, but said the subsequent break-up of his romantic relationship was “too remote” a consequence to give rise to liability given that the couple appeared to have been at odds over “fundamental and deep-seated issues.” [Erik Magraken]

Tags: Canada, damage theories

“Relationship Breakup Following Collision ‘Too Remote To Create Liability'” is a post from Overlawyered - Chronicling the high cost of our legal system

Canadian court: alcoholism following accident is compensable injury

Walter Olson — Sat, 22 Jan 2011 12:44:18 +0000

After a pedestrian was hit by a truck and suffered a broken elbow and other injuries, he began to drink excessively and developed clinical alcoholism with serious health consequences. Doctors testified that the man’s “pain and mood” following the injury contributed to this development, in combination with genetic predisposition (both his parents were alcoholics). A judge in the province of British Columbia found that the “alcohol abuse was caused by the Accident and that such alcohol abuse was reasonably foreseeable,” so that compensation for it could be recovered as part of the lawsuit. [BC Injury Law]

Tags: alcohol, Canada, damage theories, personal responsibility

Canadian court: alcoholism following accident is compensable injury is a post from Overlawyered - Chronicling the high cost of our legal system

School left students’ records on the street

Walter Olson — Wed, 15 Sep 2010 05:04:01 +0000

And now a parent lawsuit is seeking “unspecified damages.” [NY Post]

Tags: damage theories, NYC, schools

School left students’ records on the street is a post from Overlawyered - Chronicling the high cost of our legal system

Lawsuit demands $38 quadrillion

Walter Olson — Wed, 25 Aug 2010 05:06:30 +0000

That sum, demanded by a Las Vegas man in a suit against three Utah attorneys, is far in excess of all the money in the world, so there may be collectibility problems. [Provo Daily Herald]

Tags: damage theories, Utah

Lawsuit demands $38 quadrillion is a post from Overlawyered - Chronicling the high cost of our legal system

Claim: access to cable Playboy Channel caused pain, anguish

Walter Olson — Tue, 16 Dec 2008 14:20:29 +0000

Marc Randazza (Dec. 12; source link he cites is NSFW):

A Rhode Island family filed a lawsuit in Kent Superior Court claiming that Verizon Communications caused “great pain, anxiety, nervousness and mental anguish,” by providing access to the Playboy Channel. Plaintiffs Robert Bourne, Denise Roy and daughters Elice Roy and Danielle Bourne are seeking compensation for “current and future medical bills.”

Tags: broadcasters, damage theories, Rhode Island, telecommunications

Claim: access to cable Playboy Channel caused pain, anguish is a post from Overlawyered - Chronicling the high cost of our legal system

By reader acclaim: “Nude Photos on Lost Cell Phone Lead to Suit”

Walter Olson — Sun, 23 Nov 2008 17:29:30 +0000

“Here’s some food for thought: If you have nude photos of your wife on your cell phone, hang onto it. Phillip Sherman of Arkansas learned that lesson after he left his phone behind at a McDonald’s restaurant and the photos ended up online.” Sherman says restaurant employees had promised to secure the phone until he returned to pick it up; the story does not make clear (assuming it is known at all) how or by whom the pictures were posted. He and Tina Sherman are now suing the restaurant for damages that include the cost of moving to a new house, saying that she received threatening and harassing text and voice messages related to the pictures. (AP, Nov. 23; Northwest Arkansas Times).

Tags: damage theories, McDonald's, privacy

By reader acclaim: “Nude Photos on Lost Cell Phone Lead to Suit” is a post from Overlawyered - Chronicling the high cost of our legal system

Update: Jury Rejects Flight Attendant’s Claim

Jason Barney — Thu, 14 Aug 2008 19:46:03 +0000

The flight attendant sought a whopping $405K for the alleged assault. This demand seemed unreasonable based on the description of the injuries, even if they occurred as alleged (“Jury says no assault, agrees with Osteen’s wife”, MSNBC, Aug. 14, earlier).

Tags: airlines, churches, damage theories, deep pocket, Houston

Update: Jury Rejects Flight Attendant’s Claim is a post from Overlawyered - Chronicling the high cost of our legal system

The flight attendant and the televangelist’s wife

Walter Olson — Fri, 08 Aug 2008 13:58:34 +0000

We express no opinion as to exactly how badly Victoria Osteen, wife of a celebrated evangelical minister, may have behaved on that Continental Airlines flight in 2005; “The Federal Aviation Administration fined [her] $3,000 for interfering with a crew member.” Readers keep writing in, however, to call our attention to the financial demands that flight attendant Sharon Brown is making in her lawsuit, which just went to trial. It seems Brown wants compensation not only for such things as hemorrhoids and damage to her religious faith but also, by way of punishment, “10 percent of Victoria Osteen’s net worth”. Wouldn’t we all! (“Joel Osteen’s Wife on Trial in Flight Attendant Assault”, AP/FoxNews.com, Aug. 7).

Tags: airlines, churches, damage theories, deep pocket, Houston

The flight attendant and the televangelist’s wife is a post from Overlawyered - Chronicling the high cost of our legal system