“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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Our earlier posts here and here.
This would fit into the category of “frivolous lawsuits.” And I found myself wondering what theory of prosecution plaintiff’s attorney had in mind, as it is difficult to see how Miley Cyrus could be viewed as a business that has engaged in discrimination against Asians.
Perhaps Ms. Cyrus’s apologies were not enough to ward off the suit. I’m all for letting kids be kids at parties, which is where the offending photo appears to have been taken, but when you’re Miley Cyrus, and you enjoy all the benefits of your achievements, you also need to be cognizant of your visibility and influence among the millions of young fans you have.
“…….you also need to be cognizant of your visibility and influence among the millions of young fans you have.”
What you also need to recognize if you’re Miley Cyrus is that when you have fame and more to the point, money, you might as well have a target painted on your chest for everyone that wants to relieve you of as much of it as they can get away with. I’d like to see
obvious shakedownssuits like this get slapped down quickly and forcefully with the plaintiffs lawyer paying 3x the intended marks legal costs. Loser pays with a vengeance.Half a dozen teenagers make faces at a party, but only the rich one gets sued?
If one of them held up a couple fingers behind another’s head like horns, would offended devil worshiper’s have a case?
I blame the Judge for not requireing plaintiffs to pay costs + damages of the time Miley Cyrus spent on this, calculated at her going rate for concerts.
I hope Ms. Kim does file an appeal. Perhaps another judge
will have the good sense to give her and Mr. Lee the smackdown
they so richly deserve.
well, unfortunately legal fees are not usually available in most suits.
i do think that for some reason alot of people think it is okay to make fun of asians the way you wouldn’t black people. But in a free society there can be no right to free of offense.
the case was rightfully dismissed, much like the suit against taco bell over that chihuahua.