Overlawyered: Chronicling The High Cost Of Our Legal System

Posts Tagged ‘broadcasters’

Imus in the courtroom?

Fortune is reporting that Don Imus has hired a lawyer and is planning to sue CBS for the 40 million left on his contract. The argument would apparently be that Imus was only doing what CBS hired him to do, and therefore it was a breach of contract to fire him for his statements. He may well have a plausible case.

But Imus has hired one of the nation’s premiere First Amendment attorneys, and the two sides are gearing up for a legal showdown that could turn on how language in his contract that encouraged the radio host to be irreverent and engage in character attacks is interpreted, according to one person who has read the contract.

The language, according to this source, was part of a five-year contract that went into effect in 2006 and that paid Imus close to $10 million a year. It stipulates that Imus be given a warning before being fired for doing what he made a career out of – making off-color jokes. The source described it as a “dog has one- bite clause.” A lawsuit could be filed within a month, this person predicted.

If he does proceed, it won’t be the first Imus-related suit filed since his firing; that honor goes to CBS itself, which sued a Southern California radio station for copyright infringement for rebroadcasting Imus shows after it was pulled from the air. The case settled a week later, with the station agreeing to stop and CBS agreeing not to seek damages.

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Update: Speechless in Seattle

Free speech survives intact: the Washington Supreme Court has unanimously ruled that radio talk show hosts’ urging of listeners to support a ballot measure does not constitute a “contribution” to the yes side for purposes of mandatory reporting under campaign finance law. (Ryan Sager, New York Sun blog, Apr. 26). We covered the charges against KVI hosts Kirby Wilbur and John Carlson Jul. 11 and Jul. 19, 2005. Eugene Volokh has extensive coverage of the new decision. A concurring opinion by Justice James M. Johnson, joined by Justice Richard B. Sanders, terms the enforcement a case of “abusive prosecution”. More: Michelle Malkin; John Fund, OpinionJournal.com, Apr. 30.

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“So, Probably I’ll Sue Her, Because It Would Be Fun”

In many if not most cases, lawsuits that are held up to scorn on this site are filed by people who, in their heart of hearts and however misguidedly, believe in the justice of their cause.   Those people can and should be criticized when their cause is misguided, or when it camouflages some other agenda, or when their only real impact is the introduction of unjustified costs, frictions, and obstacles in to the path of valuable and legitimate economic or creative activity (not to mention the unjustified enrichment of a small class of my fellow attorneys). 

Worse than these, though, in many ways, are wealthy and/or powerful egotists who use the legal system on a whim, as their personal payback mechanism or as a means of venting their pettiest grievances.   At the risk of fatally lowering the tone of Overlawyered and of prematurely ending my tenure as a guestblogger, I note the latest example, a tiff between two deeply unpleasant but inescapable self-anointed celebrities: Rosie O’Donnell and Donald Trump (MSNBC, "Trump to Rosie O’Donnell: You’re sued!", Dec. 21).

Earlier this afternoon Trump announced he is filing suit against the TV talk show host. ‘She says things that come to her mouth, she’s not smart, she’s crude, she’s ignorant and to be honest I look forward to suing Rosie,’ he told our cameras. ‘I’m gonna sue her and I look forward to it.  She’s really very dangerous for the show.’

Trump declined to elaborate on the details of his proposed legal filings, but added O’Donnell will understand his reasoning.  ‘Rosie will find out what we’re suing her for.  She knows what we’re suing her for,’ he said adding the lawsuit is already in the works.  ‘It’s something I look very forward to,’ he added.

If ever there was a case for "loser pays," this is it.   Trouble is, with relentlessly meaningless suits like this one gumming up the works, we’re all the losers.

Of Related Interest: The scurrilous Los Angeles gossip site, Defamer, has the Trump video from which I have drawn the post title (Dec. 20).   Not that I would recommend watching it, of course.

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Nancy Grace sued for guest’s suicide

I’m not a big Nancy Grace fan, but this lawsuit by the parents of Melinda Duckett seeking to hold Grace liable for Duckett’s decision to commit suicide is ludicrous. One hopes that Deratany is not unethically raising the hopes of his clients in bringing a lawsuit with no hopes of success for his own publicity-seeking benefit, under which circumstances mentioning the lawsuit here only furthers that problem. The parents’ lawyer, Jay Paul Deratany, was previously in the news for threatening a parasitic lawsuit seeking $1 million from Knicks player Antonio Davis because Davis went into the stands to protect his wife from being attacked by an aggressive Chicago fan, even though Davis made no physical contact with anyone; the dispute settled within a week without actual litigation after bad publicity for Deratany’s client (the son of a prominent political operative) caused the attorney to backtrack from the million-dollar damage claim. (A Jay Paul Deratany is also the author of the poorly-reviewed Chicago theater production “Two Grooms and a Mohel.” Perhaps a coincidence.)

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Why there aren’t DVDs of some of your favorite old TV series

The reason, Mark Evanier notes on his blog, we don’t see DVDs of shows like “SCTV” and “WKRP in Cincinnati” is the difficulty and expense of rights clearances for music used during the show, even if it’s just a character humming. More on the difficulty and problem of rights clearances: Oct. 17, 2005 and links therein.

Warner Home Video better hope that a class action attorney with time on his hands doesn’t read the post’s last sentence about a DVD advertised as uncensored that isn’t uncensored; maybe it can be averaged out with the suit over Wal-Mart’s CDs.

Update: A commenter raises an important point:

Read On…

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Oprah for President? Cease and desist

Attorneys for the talk show host have fired off a cease and desist letter to retired Kansas City teacher Patrick Crowe, 69, over his efforts to draft her as a presidential candidate. In addition to demanding that he surrender his website oprah08.net (which lands visitors on this site) and give up his toll-free number 1-866-OPRAH08, the letter (courtesy Smoking Gun) insists (p. 2) that Crowe “refrain from using any and all references in any vehicle (including, without restriction, websites), for any reason, to Ms. Winfrey” or her properties. (Matt Campbell, “Quest to elect Oprah becomes publicity opera”, McClatchy/ Seattle Times, Sept. 23; Andrew Buncombe, “Oprah blocks bid to make her President”, The Independent (U.K.)/Belfast Telegraph, Sept. 22). Ann Althouse comments: “would Oprah be a good President? I think she’s too litigious.” (Sept. 24).

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Talk show subpoenaed in Boston mosque suit

The Islamic Society of Boston, which is engaged in numerous lawsuits against media organizations and critics of its activities (see Jan. 5, May 19), has now subpoenaed local radio talk station WTTK-FM “after one of its prominent hosts, Michael Graham, discussed the [ISB’s mosque-building] project on the air…. after reviewing the subpoena, attorney Harvey Silverglate, a Cambridge civil liberties specialist, described it as ‘extraordinary.'”, noting that it requests, among other things, “materials used by Graham to support his remarks about the ISB… and communications between Graham and other defendants or attorneys involved in the ISB defamation suit.” (Laura Crimaldi, “Islamic Society subpoenas WTTK in defamation suit”, Boston Herald, Aug. 27).

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Fantasy sports lawsuit, cont’d

The Denver Post and National Law Journal have more on that lawsuit by Lakewood, Colorado lawyer Charles Humphrey and New Jersey’s Gardy & Notis (Aug. 2) claiming that CBS, ESPN and other media outlets are abetting unlawful gambling by sponsoring fantasy sports games, and seeking diversion of millions in resulting revenues into the plaintiff’s own fisc. Mississippi College School of Law sports law prof Michael McCann says Humphrey’s suit lacks “moral weight”. (Joel Grostephan, “Lawyer cites 1710 law in suit”, Denver Post, Aug. 15 (via Suz at Large); Tresa Baldas, “Fantasy Sports League or Real-Life Gambling?”, National Law Journal, Aug. 21)

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“We’re going to sue everyone from A to Z”

It was easy to sympathize with Richard Jewell, victim a decade ago of FBI bungling which led to his being falsely suspected in the Atlanta Olympics bombing. It’s not so easy to sympathize with his legal posture since then, which would be easily mistaken for an effort to vacuum the pockets of every media organization within reach. (Mark Fitzgerald, “Sob On Someone Else’s Shoulder, Richard Jewell”, Editor and Publisher, Jul. 25).

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