Arthur Friedman announced to his wife, Natalie, after ten years of marriage, that he wanted the couple to engage in group sex and swinging, so he could gratify himself watching his wife have sex with other men. Natalie, however, fell for one of her partners, German Blinov. The two left their spouses and ran off with one another. Arthur sued Blinov under the Illinois alienation of affection laws, and, amazingly enough, won $4802 from a jury that thought the case was stupid. (Steve Patterson, “Putting a price on love”, Chicago Sun-Times, Jul. 1). The former Mrs. Friedman expresses dismay about the award, but it’s not clear whether it’s the fact of the award or the trivial amount that offends her. Chicagoist and Alex Tabarrok are appropriately appalled.
Most states have passed the tort reform of abolishing the alienation of affection cause of action. Earlier on Overlawyered: Nov. 2006 and May 2005 (North Carolina); Nov. 2004 (Illinois); May 2000 (Utah).
Update: Of course, one doesn’t necessarily need that 19th-century cause of action when entrepreneurial lawyers are in play. Recently fired WellPoint CFO David Colby allegedly rotated among several girlfriends he met on a dating website, several of whom he allegedly promised to marry, even as he was married to someone else (albeit separated). One of the ex-girlfriends is suing WellPoint for “facilitat[ing] Colby’s lifestyle”; it seems Colby pointed to his webpage on the WellPoint site to seduce some of his targets. (Lisa Girion, “WellPoint named a defendant in sexual-battery suit”, LA Times, Jun. 29; see also “Women claim lives with WellPoint exec”, LA Times, Jun. 13 (no longer on web)).
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I’m not sure whether I’m against alienation of affection suits against the actual alienator – although it seems the jury got it wrong in this case – but a more serious issue is when an office romance in Georgia or Illinois leads to the estranged spouse of one of the co-workers suing the company for allowing the office romance.
Whatever happened to assumption of the risk?