The Kittery, Me.-based Gentle Wind Project “has agreed to drop a defamation lawsuit against two former members who wrote articles comparing the self-styled spiritual healing group to a ‘mind control cult.'” (see Aug. 30, 2004). Last year a federal court threw out the group’s lawsuit against Jim Bergin and Judy Garvey, a married couple from Blue Hill, Me. (see Jan. 19, 2006), but the family of project director John Miller refiled the action in state court. Miller “claimed that he could communicate with the ‘spirit world’ [and] said he received designs for ‘healing instruments’ that resembled cards and hockey pucks, and could cure physical and emotional damage caused by illnesses ranging from alcoholism to paralysis.” (Gregory D. Kesich, Portland Press-Herald, Nov. 10).
Archive for November, 2006
“Shameful, discouraging, tragic”
That’s restaurant bad boy Anthony Bourdain (Kitchen Confidential), on Chicago’s foie gras ban. Bourdain told interviewer Baylen Linnekin that if America does turn into a Singapore-style nanny state, “I can only hope we’ll have food as good as they do.” Asked about fast food: “People should be teased and humiliated for eating at McDonald’s,” he says. “I don’t think we should legislate them out of business.” (“Anthony Bourdain, Just Like Me: Is the Kitchen Confidential author-turned-television star a libertarian?”, AFF DoubleThink, Oct. 29).
Disputed $30,000 legal fee
The client’s battle contesting it has cost more than $300,000 so far. (Mary Alice Robbins, “The Seven-Year War: Former Clients to Continue Fighting Firm Over Legal Fees”, Texas Lawyer, Sept. 19).
Oops — we sued our own viral marketers
A classic, from TechDirt (Oct. 30):
It appears that Universal Studios recognize that the followers of the cult favorite TV show Firefly would be a great source of viral marketing for the movie based on the show, Serenity. They put together a huge viral marketing campaign…. However, as with so many of these things, it appears that the marketers at Universal forgot to tell the lawyers at Universal, who recently decided to send out cease and desist letters to a bunch of the guerilla marketers they had pushed to promote the film.
More: Tijir, Oct. 28.
Breaking: Obnoxious Chi Psi frat boys sue Borat
Two of my least favorite things—misogynistic frat-boys and frivolous lawsuits—together at once. Three Chi Psi fraternity brothers from the University of South Carolina, after signing waivers and getting paid $200, got caught drunkenly wishing for slaves and making other obnoxious sexist and racist remarks on film to Sasha Baron Cohen in his character of Kazakh journalist Borat; those scenes appeared in the movie. They’re now suing, wanting takebacks. TMZ has the Los Angeles Superior Court complaint, which asks for an injunction, punitive damages, and attorneys’ fees. (I look forward to the discovery on the “false light” claims that suggest that the plaintiffs never would say such things as they were recorded being said.) Earlier, a friend of one of the frat boys asked Metafilter for advice. The complaint is filed by John Does, but Chi Psi David Corcoran has already bragged about the experience to FHM. Frat president Todd Bailey talks about the story to the local paper.
(Update: Upon further review, I see that the complaint alleges that the movie “falsely depicted them as insensitive to minorities.” There is no allegation that the movie falsely depicted them as insensitive to women. In the trade, that’s known as a negative pregnant.)
(Second update: Bashman with a roundup of links and Lat with sardonic commentary.)
“The autism clause”
“A handful of new schools charge up to $140,000 a year to educate an autistic child. Who can pay that much? Anyone with the right lawyer.” (Alyssa Katz, New York, Oct. 30)(via Common Good).
Cops sue over pot-sprinkled burgers
Police officers Mark Landavazo and Henry Gabaldon say three rogue employees at the Burger King in Los Lunas, N.M., spitefully (or was it company policy?) put marijuana on their hamburgers, so they want the fast-food chain to pay them money for “personal injury, negligence, battery and violation of fair practices”. (“N.M. Cops Sue Burger King Over Marijuana-Laced Hamburgers”, AP/FoxNews.com, Nov. 7).
“The US election: how did the lawyers fare?”
My new column, on Tuesday’s vote, is up at the online Times (UK). “The result didn’t hang on a chad this time, but lawyers still played a starring role”. I make various comments about Eliot Spitzer and his brethren, the importance of winning by a vote “beyond the margin of litigation”, and the return of John Dingell and Henry Waxman (Nov. 9).
Poll: 85% of voters support litigation reform
From the Institute for Legal Reform:
FOR IMMEDIATE RELEASE – November 8, 2006
Contact: Larry Akey
202/463-5824 or 202/580-9313Voters Want Congress to End Lawsuit Abuse, Poll Shows
Chamber: Overwhelming Bipartisan Support Makes Legal Reform a Key Issue
Swing Voters “More Favorable” if Legal Reform is Part of Democrat Agenda
WASHINGTON, DC – As the newly elected Congress looks to set its legislative agenda, one issue that enjoys broad bipartisan support from voters is legal reform, according to a poll released by the U.S. Chamber Institute for Legal Reform (ILR).
“Voters across the political spectrum expect their elected officials to curb frivolous lawsuits and abusive practices like fraudulent medical screenings and excessive discovery,” said ILR President Lisa Rickard. “We will urge the newly elected Congress to respond to their concerns.”
The survey shows that 85 percent of the people who voted in the mid-term election think frivolous lawsuits are a serious problem, and 86 percent say the next Congress should continue to reform the lawsuit system. Three-quarters of those who say they are strong Democrats regard frivolous lawsuits as a problem.
“In an increasingly polarized electorate, very few issues command this much bipartisan support,” said pollster Bill McInturff, a partner at Public Opinion Strategies, the firm that conducted the election night survey of 800 people who voted on November 7. The margin of error for the survey is +/- 3.5 percent.
The voters who most helped shape the newly elected Congress say action on legal reform will affect the way they will vote in the future. Among swing voters – people who call themselves political independents and those who have only a weak affiliation to a political party – 63 percent say they will have a more favorable impression of Democrats in Congress if their agenda includes reforms to end lawsuit abuse.
The survey also shows that 81 percent of all respondents think there are too many lawsuits filed in America, raising the price of everyday goods and services, and 84 percent think the number of lawsuits clogs up the court system, making it harder for truly injured people to get justice.
CAN-SPAM Act
Didn’t work very well, it seems:
While there has been some progress in the fight against spam, it’s mostly come from improving filter technology. In the meantime, however, CAN SPAM’s continued uselessness is highlighted in this new report showing that the amount of spam that “complies” with CAN SPAM disclosure rules is at an all-time low of 0.27 percent.
(TechDirt, Nov. 1)(via Jim Harper, Cato-at-Liberty).