Bloomberg reports that the trial in Italy is going forward

on charges related to a clip uploaded to Google Video in 2006.

The clip was created and posted on the Web by a group of students at a Turin school, who filmed themselves bullying a disabled classmate. Google says that it removed the video as soon as it was notified and that it helped Italian police identify those responsible. The trial has been closed to the media at Google’s request.

“Seeking to hold neutral platforms liable for content posted on them is a direct attack on a free, open Internet,” Google spokesman William Echikson said in June.

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Just might be a police investigator. [Radley Balko, LaCrosse Tribune, Patrick at Popehat]

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Rick Woldenberg talks back to the California attorney general, and also raises some questions about Proposition 65 and the finances of the freelance enforcers in the case, the Center for Environmental Health (CEH). Two years ago we covered CEH’s crusade against the iPhone. More: Darleen Click/Protein Wisdom.

PUBLIC DOMAIN IMAGE from Elise Bake, Der Ball Der Tiere (”The Animals’ Ball”, German, 1891), courtesy ChildrensLibrary.org.

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A Hall County, Georgia jury has awarded $100,000 in damages to a woman who said that a character in the best-selling novel “The Red Hat Club” was recognizably based in part on herself, and was falsely portrayed as an “alcoholic slut.’ The lawsuit also named New York-based St. Martin’s Press (which, I should mention, is the publisher of my own book The Rule of Lawyers). [Gainesville Times, OnPoint News, decision in PDF]

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The Progressive Policy Institute (!) criticizes a provision almost snuck into the health-care bill that would have been a windfall for trial lawyers at the expense of the rest of us. Earlier and earlier on Overlawyered, which was the first to publicize the provision.

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November 24 roundup

by Walter Olson on November 24, 2009

  • “California’s Largest Cities and Counties Spent More Than $500 Million in Litigation Costs in Two Years” [CACALA]
  • Violence Policy Center blames handgun carry permits for offenses that include … strangulation? [Sullum]
  • New allegations in New York school district lawyers pension scandal [Newsday]
  • Plush doll twade dwess dispute made Tonstant Weader fwow up [Schwimmer]
  • “School Hit With a Lawsuit over Dodgeball Game Injury” [FindLaw "Injured", Bronx]
  • Too bad judges are so reluctant to sanction lawyers for filing papers that contain false assertions [Coleman]
  • Hundreds of asylum clients could be deported after law firm founders are convicted of fraud [ABA Journal]
  • Congratulations to superlative juryblogger Anne Reed, picked to run Wisconsin Humane Society [Deliberations; also Turkewitz]

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Coshocton pulls WiFi

by Walter Olson on November 24, 2009

An Ohio town discontinues its municipal WiFi network after MPAA lawyers rattle swords about a copyrighted movie that moved through the system. Andrew Moshirnia at Citizen Media Law explains. And (h/t reader CTrees) note that the town turned the system back on at Sony’s request, following a national outcry over the incident.

And at least somewhat relatedly: “Viacom’s top lawyer: suing P2P users ‘felt like terrorism’” [ArsTechnica]

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Don’t

by Walter Olson on November 24, 2009

A bright-line rule in legal ethics: don’t order that witnesses be killed [Philadelphia Inquirer, WSJ Law Blog on prosecutors' allegations in a case against New Jersey criminal defense lawyer Paul Bergrin]

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Gene Cauley gets seven years

by Walter Olson on November 24, 2009

The Arkansas plaintiff’s lawyer says he was too embarrassed to make layoffs as his finances turned sour, which is why he stole the $9.3 million in class-action settlement funds [WSJ Law Blog, ABA Journal] Earlier here, here, and here.

More from Kevin LaCroix:

An earlier WSJ.com Law Blog post reported (here) that Cauley was in fact a protégé of Bill Lerach. Today’s article on Bloomberg (here) about Cauley’s criminal sentencing notes that Cauley joins a growing list of plaintiffs’ securities class action attorneys who have “been jailed for felonies,” including Bill Lerach himself and his former law partners, Mel Weiss, Steven Schulman and David Bershad, and including even Marc Dreier.

These gentlemen of course made their living for many years accusing corporate officials of fraud. Ahem. Yes, well…isn’t ironic, don’t you think?

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Those of you who have attended my “Law of McDonald’s” talks in California and Florida may recall the case of the strip search hoax. A Florida man who was unusually persuasive would call dozens of fast food restaurants until he could find someone who would believe he was with the police and who would disrobe employees (or themselves) at his instructions; though there have been other lawsuits seeking to blame the fast food restaurants for this, courts have generally thrown them out. One exception was the case of Ogborn v. McDonald’s, where two targets of the hoax successfully sued for millions. On Friday, the Kentucky Court of Appeals largely affirmed the lower court judgment, though it reduced the punitive damages received by Donna Summers (who gave an Alford guilty plea for her role in the strip search) from $1 million to $400,000. McDonald’s hasn’t yet decided whether to appeal to the Kentucky Supreme Court. (Andrew Wolfson, “Appeals court upholds $6.1 million strip-search verdict against McDonald’s”, Kentucky Courier-Journal, Nov. 20, via ABA Journal).

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The New York Times doesn’t have statistics, but its reporter thinks Lanham Act litigation (filed by companies against their competitors over allegedly misleading advertising) is on the rise these days.

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Jacob Sullum on the FDA’s threat to ban caffeinated alcoholic drinks [Reason “Hit and Run”. Earlier here, here, here, etc.

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When you search Google on the name of the prominent Milwaukee personal injury firm of Habush, Habush & Rottier, you get a paid ad link from one of its competitors, the Brookfield, Wisc. firm of Cannon & Dunphy. So now Habush is suing its rival. [Milwaukee Journal-Sentinel]

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November 23 roundup

by Walter Olson on November 23, 2009

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“Calling someone a ‘douche’ may be bad manners but it does not give an insurance company grounds to disavow a policy protecting against defamation claims, a state judge has ruled.” The owner of a public relations firm was sued by a rival after he purchased a domain containing the rival’s name and posted as content on the resulting page a picture of the sanitary product “Summer’s Eve”. [Daniel Wise, NYLJ]

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Updating our earlier item: a San Jose man has appealed a federal court’s dismissal of his suit against Sony for kicking him off the PlayStation network. He’s also suing Nintendo over its Wii update locking out certain unauthorized third-party software, and Microsoft over a “red ring of death” failure on his XBox. [Brendan Sinclair, GameSpot; & welcome Above the Law readers]

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“The novel legal claim was filed by Lucie J. Kim in a class action suit against the singer earlier this year that sought $4,000 in damages for each Asian and Pacific Islander living in Los Angeles County.” Kim complained that Cyrus was photographed with an Asian friend and other friends pulling back their eyelids; Cyrus apologized when the photo became public in February. Cyrus sought tens of thousands of dollars in attorneys’ fees for what she felt was a frivolous claim; the request was denied. “Henry M. Lee, Kim’s attorney, said his client is considering appealing the case.”

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Concerns about the pending Anti-Counterfeiting Trade Agreement (ACTA) [Jeff Porten, MacWorld/MacUser] A contrary view: Ben Sheffner (via Ron Coleman).

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