Vegas columnist, sued for libel, declares bankruptcy
John L. Smith, whom the Las Vegas Review-Journal describes as its most widely read columnist, “has filed for bankruptcy after a two-year legal battle” with casino owner Sheldon Adelson, a subject of Smith’s 2005 book “Sharks in the Desert: The Founding Fathers and Current Kings of Las Vegas.” The newspaper wasn’t sued. Smith concedes the muckraking book contained inaccuracies about Adelson but takes issue with the tycoon’s claim of damages, pointing out that Adelson has mounted from 15th to 6th richest man in the world in the Forbes standings since the book’s publication, “so it’s hard to see how he has been harmed.” Barricade Books, associated with the late Lyle Stuart, also filed recently for bankruptcy. (A.D. Hopkins, “Columnist pursues bankruptcy protection”, Las Vegas Review-Journal, Oct. 12) (via Romenesko).
A nation of lawbreakers
Recommended: at Slate, Tim Wu of Columbia has a five-part series in progress on the phenomenon of laws whose violation is very widespread and broadly tolerated. His examples include laws against (certain) recreational drug use, possession of obscene material, (some) copyright infringement by end users, and (promised in the final segment) immigration. (One that might have been added: low-level gambling in the form of office football pools and the Supreme Court poker game.) His opening anecdote:
At the federal prosecutor’s office in the Southern District of New York, the staff, over beer and pretzels, used to play a darkly humorous game. Junior and senior prosecutors would sit around, and someone would name a random celebrity — say, Mother Teresa or John Lennon.
It would then be up to the junior prosecutors to figure out a plausible crime for which to indict him or her.
(via Katherine Mangu-Ward, Reason “Hit and Run”). More from Hans Bader.
$400K suit: wedding flowers were wrong color
“The use of predominantly pastel centerpieces had a significant impact on the look of the room and was entirely inconsistent with the vision the plaintiffs had bargained for,” contends bride/attorney Elana Glatt in her New York City suit, which also says the pink and green hydrangeas in the 22 centerpieces “were wilted and brown, and arranged in dusty vases without enough water. … The flowers cost $27,435.14.” “My father used to tell me, ‘Don’t deal with the lawyers,” said florist Stamos Arakas of Posy Floral Design in Manhattan, the defendant in the suit. “Maybe he was right, God bless his soul.” (“NYC bride sues florist, saying wedding flowers were wrong color”, AP/Newsday, Oct. 16). More details: NYTimes via Lat.
And: many interesting comments including the following, from “tp”, responding to a suggestion that the florist had substituted less costly blooms:
I too am a wedding designer. I can assure you that pink/green hydrangeas are NOT cheaper than “rust” hydrangeas.. actually, they are the same hydrangeas, but at different stages… the lighter being less mature, which all depends on climate and cooling conditions of the air. The rust are matured and this happens due to air temps. …
I am sure this designer ordered the correct color, but due to the extremely warm temps, the flowers have not hit that stage. Nothing either party could do (wholesaler/retailer). …it is hard to substitute different or new flowers (if they show up the wrong shade, etc) in such large quantities, a day before the wedding! These flowers need to be treated and designed. …He did not do a “bait and switch” nor make any extra money here, he probably LOST money trying to correct the problem …
The tale has stimulated many hundreds of comments at other legal blogs.
“Top ten frivolous lawsuits”
This one looks more carefully put together than most such lists, though I wish the author hadn’t waited till the end to flag the Winnebago story as mythical. For bonus points: which if any of the stories has never appeared on Overlawyered? (LegalZoom, undated).
Child safety, D.C. style
Father’s Day at the Georgetown pool:
“So let me get this straight,” I said. “If she was wearing a swimsuit with no floaties in it, that would be okay. But this suit, which is safer, is not okay.” …
“That’s right,” the manager said. “This is a government pool and that’s the D.C. government.”
(Tony Rosenberger, BLT, Jun. 18; h/t Ted on our Facebook group).
Town ordinances regulating house paint colors
Ethnic discrimination by proxy? “‘I believe controlling the color you paint your house is basically profiling the Hispanic community,’ said Elizabeth Villafranca, whose family owns a Mexican restaurant in [Dallas, Texas suburb] Farmers Branch. ‘We all know who paints their homes tropical colors.'” (Anabelle Garay, “Hispanics see red over proposal”, AP/Bryan-College Station Eagle, Oct. 10). More: Virginia Postrel weighs in.
“Competing for Clients, and Paying by the Click”
Adam Liptak at the Times looks at the heavy lawyer-ad presence on Google sponsored links (“Oakland personal injury lawyer” costs $58.03), and quotes both Ted and me. “Instead of competing on price,” Ted says of plaintiffs’ lawyers, “they compete on Google.” And I point out that the family in search of information on, say, cerebral palsy, will run into plenty of medically tendentious material posted by lawyers as part of their client-intake efforts. (New York Times, Oct. 15).
Wisconsin Supreme Court follies: Heikkinen v. Archdiocese
Wisconsin blogger Jessica McBride reports that the Wisconsin Supreme Court, by virtue of a 3-3 decision, affirmed a lower court ruling on the ludicrous $17 million Heikkinen verdict (Feb. 21 and Feb. 27, 2005). Point of Law has previously documented the travails of the 4-3 liberal majority that has become one of the most activist state supreme courts in America.
October 15 roundup
- Louisiana attorney general Foti, under fire over his attempt to prosecute Dr. Anna Pou in Katrina deaths, faces tough re-election challenge [Times-Picayune, Lafayette Advertiser; earlier]
- Classic “Hershey’s liable to obese Americans” print satire now has a short audio version [Onion radio]
- Criticize alternative medicine at your peril? U.K. libel law helps stifle an opponent of homeopathy [Orac]
- Tennessee trial lawyers’ lobbyist comes under harsh public spotlight following lurid crackup of House Judiciary chair Rob Briley [Nashville Scene; earlier]
- Invoking CAFA, judge throws out coupon settlement in Sharper Image air purifier class action [Krauss @ Point of Law]
- In 4-4 split, Supreme Court lets stand a ruling that NYC must pay private school tuition for Hollywood exec’s ADHD son though he wouldn’t give city program a try; issue likely to return soon [NYTimes; earlier]
- Veteran journalists Patrick Dillon and Carl Cannon ink deal for book on rise and fall of Lerach tentatively titled Circle of Greed [WSJ law blog]
- Unforeseen consequences dept.: plan for retirement community catering to gays may be derailed by workings of antidiscrimination law [Miller, Independent Gay Forum]
- HIPAA an impediment to doctor-patient emails? [CareCure Forums via KevinMD]
- Update on fraudulent liens filed by prison inmates to harass court personnel (Mar. 31, 2004): system strikes back with extra 20-year term for one offender [Texas Lawyer]
- EEOC says Massachusetts employer must accommodate eyebrow-ring-wearing employee who claims membership in “Church of Body Modification” [five years ago on Overlawyered]