Mark DelCore, who met with a cool reception from a federal judge at a hearing, says he’s thinking of dropping his lawsuit (see Jul. 14) demanding that his emotional-support dog be admitted to accompany him at a nude beach. The stress occasioned by the proceedings, he says, may be too much for him to press on (Christina Boyle and John Marzulli, “Judge isn’t naked guy’s best friend”, New York Daily News, Jul. 15). (via Ann Althouse, who asks, “Do people who bring frivolous lawsuits ever think about whether their consumption of public resources is worthwhile?”, Jul. 15).
“Something which I would consider akin to child abuse”
For California state senator Deborah Ortiz, that would describe smoking in a car in which a child is present. Writes Brooke Oberwetter at CEI Open Market (Jun. 29): “According to the Contra Costa Times, smokers can be fined under [a bill approved by the committee Ortiz chairs] even if the car is parked and on private property. Clearly California is just a cigarette’s flick away from suggesting banning smoking in private homes: If they can tell you what you can and cannot do in the driveway, is there really much left in terms of precedent to stop them from stepping gingerly up to the front porch and peering in the windows?” A similar bill has already passed the California assembly. (Edwin Garcia, “Bill targets smokers with children”, Contra Costa Times, Jun. 29; Michael Siegel, Jun. 29). Earlier coverage: May 1 and links from there. On the follies of GOP governor Mike Huckabee of Arkansas, who promoted a similar measure in that state, see The Agitator, Jun. 9.
“Meet the original patent troll”
“Troll was a derivative of, er, me,” says Chicago patent litigator Raymond Niro, a pioneer of contingency-fee IP practice:
Niro’s former partner Gerald Hosier found fame and fortune turning Jerome Lemelson’s patents on bar code technology into a billion-dollar licensing business. But Niro taught the patent world a more enduring lesson: Lemelson isn’t unique. Like an irritating mosquito that GCs can’t squash, Hosier’s licensing approach could be applied over and over again, on different patents across different industries for huge profits. Niro has extracted royalties on everything from patents covering hemodialysis catheters to wireless technology used to locate items of interest in online maps. In the process, he’s made some serious royalties of his own: a Falcon 10 jet, six Ferraris, acres of land in Chicago, Boca Raton and Aspen, and a $250,000 gift to DePaul University endowing the Raymond P. Niro professorship in intellectual property law…. Love him or hate him, Niro’s methods have become ingrained in the patent world.
(Lisa Lerer, IP Law & Business/Law.com, Jul. 20).
I’m interviewed at Bloggasm.com
At Bloggasm, “a media blog featuring interviews from the most interesting blogs around,” Simon Owens asks me six questions about the law and about this weblog generally. My favorite is on the difference between writing books and writing a blog. You’ll also hear my suggestions when asked to name five blogs that complement this one. Read the whole interview here.
“L.A.’s scariest lawyer”
In the New Yorker, Ken Auletta profiles entertainment lawyer Bertram Fields, whose name has turned up regularly in the Anthony Pellicano scandal and whom Auletta dubs the “most feared lawyer in Hollywood”. A snippet (via Lattman): “his pugnacity frightens opponents. One Fields client says, ‘If he’s on the other side, he’s a nightmare. He going to make your life miserable. Someone who actually enjoys beating people up, there’s something wrong with them. But when you hire a litigator you want a p***k.'”
On the radio
Yesterday I was a guest on two radio shows. I joined Ron Smith on Baltimore’s WBAL to discuss my article, just out, on the lawsuit against MySpace for failing to chaperone a teenage user. And I joined Grover Norquist on his Rightalk broadcast to talk about the politics of liability reform.
Althouse on YouTube lawsuit
The Wisconsin lawprof has this to say (Jul. 19) on that copyright-infringement lawsuit that we mentioned in passing yesterday, the one aimed at the hit site for hosting a video of the beating of Reginald Denny:
Robert Tur, who could have just asked YouTube to remove the video someone had uploaded, instead left it there and then sued demanding $150,000 for each of the 1,000+ viewings that occurred. YouTube took the video down when the lawsuit called attention to the problem.
Well, we knew eventually someone would sue YouTube, but could it be anyone less sympathetic then a guy who once got lucky and was there with a camera when someone else was getting beaten up?
More in her comments section.
Update: rude doctor won’t be punished, plans suit
Dr. Terry Bennett of New Hampshire, last seen in this space Aug. 25, 2005 facing disciplinary action from his state medical board for allegedly saying rude and insensitive things to a patient, has won a ruling from a judge ordering the board to stop those proceedings. The New Hampshire attorney general’s office represented the board before the court. Dr. Bennett says he won’t let the matter drop and plans to sue all concerned — not a surprise, somehow. (David Tirrell-Wysocki, “Court Says Stop Case Against Rude Doctor”, AP/RedOrbit, Jul. 7). GruntDoc comments (Jul. 11) and a website defending Dr. Bennett is here.
Upset at photo, sues high school yearbook editors
Tyler Bennett wore boxer shorts instead of a jock strap when playing basketball for Colts Neck High School, and a resulting action photo published in the school’s yearbook inadvertently revealed more (or perhaps less) than Bennett would have liked. Some students didn’t return the yearbooks when they were recalled the business day after they were released, and an opposing basketball player teased Bennett the next year. Bennett claimed untold emotional distress (though he never sought counseling or medical assistance for his trauma) and sued the school board, three officials, two teachers, the publishing company, and nine students; the latter have had to hire their own attorneys at their own expense if their parents didn’t have homeowner’s insurance. “Some of the students weren’t even editors. The yearbook at Colts Neck High School is produced by a journalism class and some noneditors in the class jumped into the “editors” picture before it was snapped for the yearbook. Not able to determine who was responsible for content, [attorney Steven] Kessel named everyone in the picture.” Bennett even threw in a child pornography charge.
The trial court tossed the case (though only after depositions and summary judgment briefing) and an appeals court summarily affirmed, but Kessel says he’ll appeal to the New Jersey Supreme Court, which will add to the legal expenses of the defendants. Though the case was meritless, the court refused sanctions because the suit technically wasn’t “frivolous” because it wasn’t brought in “bad faith,” exhibiting once again the disconnect between the legal definition of “frivolous” in many states and the popular understanding of the adjective. (Henry Gottlieb, “Former Student Sues Over Revealing Yearbook Photo”, New Jersey Law Journal, Jul. 17; James Quirk, “Judge: Embarrassed ex-Colts Neck student has no claim in yearbook case”, Asbury Park Press, Jun. 24 (via Romenesko); Bennett v. Board of Education (unpublished)).
“Self-Described Drunkard Sues Strip Club That Sold Him Drinks”
Attorney Sabato DeVito, who represents Johnny Eugene Smith of Spring Hill, Fla., says his client might not have wrecked his Corvette if the Calendar Girls strip club hadn’t been so willing to indulge his taste for the bottle.
University of Florida law professor Lars Noah told the Times the suit isn’t frivolous, but it’s unlikely to go far in the legal system.
“It’s kind of surprising that any lawyer worth his salt would take a case like that,” Noah said. “I’m partly to blame for that, I guess. We’re churning them out.”
(WFTV, Jul. 17).