When your litigation opponent subpoenas your Facebook, Amazon, MySpace, Flickr, LinkedIn and (locked) Twitter pages (& Likelihood of Confusion).
Posts Tagged ‘Facebook’
Facebook “BlogNetworks”
If you’re on Facebook, we’ve already pestered you to sign up as a “Fan” of Overlawyered. If you’re also on the BlogNetworks application, we’d like to pester you to take an additional step: visit the Overlawyered page there, become a reader, and confirm that I am indeed the owner/proprietor. Once a relatively small number of readers do these things, the system will pick us up and we’ll have a new avenue of distribution.
“Killing talk radio”
August 22 roundup
- “Law school is not such a leap” for licensed Nevada prostitute’s next career move — hey, we didn’t say that, Robert Ambrogi at Law.com did [Legal Blog Watch, Bitter Lawyer]
- Today’s representative class-action plaintiff: “For five years, her diet consisted almost exclusively of Chicken-of-the-Sea tuna…” [PoL]
- Prolific California disabled-access filer Jarek Molski ordered to pay fees for “scorched-earth” tactics in one case, but wins a second [Metropolitan News-Enterprise via Bashman]
- Another sperm donor surprised by legal obligation to pay child support [Santa Fe, N.M. Reporter; earlier]
- “Lawyer Fees Jumped 50% After Bankruptcy Law Change” [ABA Journal]
- “Whatever it takes to win a case”, and checking out jurors’ Facebook profiles is the least of it [NLJ]
- High-profile U.K. attorney Nick Freeman registers his nickname “Mr. Loophole” [Times Online a while back]
- When can a plaintiff claiming sexual assault sue anonymously? Courts will apply mushy balancing test [NYLJ]
- Hold on to your hats, looks like Geoffrey Fieger is online [Fieger Time]
New/relocated Overlawyered Facebook page
Shortly after we set up the old Overlawyered.com group there, Facebook began its program of “Pages” for websites and organizations for which users could sign up as “Fans”. This has a number of advantages over the old group format, so if you’re on Facebook (or have been thinking of getting on), please do consider enlisting as a Fan at our new Overlawyered page there.
SueEasy.com
The new website aspires to match would-be litigants with the right class action and lawyer for them, but Michael Arrington likely is a great deal too flattering in terming it a “Shangri-La for ambulance chasers” (TechCrunch, Apr. 12), since it remains to be seen whether such a mechanism will be able to attract either litigants or lawyers of the highest caliber. To Luke Gilman (Apr. 13) it calls to mind “a hairball generator…. Looks like a race to the bottom on both sides to me.” Writes TechCrunch commenter “Joey”: “I hope they make a Facebook app: ‘6 of your friends joined this class action lawsuit! Click here to join!'” P.S. Much more from Eric Turkewitz, & welcome visitors from Legal NewsLine and United Press International.
A NYT school-bullying story comes under scrutiny
Last month the New York Times ran a front-page story about the plight of a Fayetteville, Ark. high school student named Billy Wolfe, who had been “a target of bullies for years”, physically and verbally brutalized by fellow students despite his family’s repeated pleas to a seemingly heedless school district for his protection. (Dan Barry, “A Boy the Bullies Love to Beat Up, Repeatedly”, Mar. 24). Billy’s parents had sued teens they said had harassed their son, and were also considering legal action against the school district.
The article generated a big reaction, especially after young Wolfe himself appeared on the Today show to discuss his plight. Most observers seemed to agree that the harrowing tale lent credence to the whole idea of using lawsuits as a way of responding to bullying in schoolyards, Facebook, etc. — an idea that, coincidentally or otherwise, is the subject of an increasingly visible campaign these days. Even as level-headed an educational observer as Joanne Jacobs wrote on her blog, “Normally, I’m anti-lawsuit, but this may be the only way to bully the bullies and the principal to crack down.” Huffington Post writer Jonathan Fast cited the article as evidence that schools should adopt “zero tolerance” policies on bullying. Some of the many other blog reactions are assembled here (e.g.: Marcotte, Greenfield, DadTalk, The Common Room).
Could there be another side of the story, you may wonder? Well, as a matter of fact, there is. To find it you need to consult the local paper, the Northwest Arkansas Times (Scott F. Davis and Dustin Tracy, “Who’s the bully?: Police, school records raise questions about claims made by Fayetteville High student”, Apr. 3)(via Childs). One may argue about whether Wolfe’s own alleged exploits in victimizing other kids, as catalogued in the NWAT article, will or should affect the disposition of his family’s legal claims. What seems beyond dispute is that the NYT’s story would have been very different in the emotional reactions it evoked — and much less effective in promoting the particular “cause” it was advancing — had it included that other side of the story.
More/updates: Word Around the Net, Val’s Bien, Pennywit @ Likelihood of Success, Joanne Jacobs, Crime & Consequences, Kierkegaard Lives. The Arkansas Democrat-Gazette notes that Arkansas already has an unusually strong anti-“cyberbullying” law which “requires school districts to adopt discipline policies banning harmful and disruptive online behavior”, despite misgivings from civil libertarians about official penalties based on students’ out-of-school speech: Evie Blad, “School bullies move online; rules tricky to write, enforce”, Apr. 6. And Scott Greenfield minces no words:
…what is the New York Times thinking? To have its knees cut off by its Northwest Arkansas namesake is humiliating, but to be shown up as deceptive fundamentally undermines its credibility. Without credibility, the Times is just a dog-trainers best friend and a tree’s worst nightmare. …
The failure of the New York Times to present a full and accurate account of the Billy Wolfe story is disgraceful and unacceptable. … If you’re going to put an article on the front page with a big picture, don’t blow it. The Times did. They should be ashamed.
And in our comments section, Ole Miss lawprof Paul Secunda provides the Wolfe family’s response to the NWAT coverage. Update Apr. 24: Jay Greene weighs in.
Redesign issues continue
An advisory about a few continuing issues arising from our Movable Type upgrade a week ago and the site redesign that it’s triggered:
* We’re experiencing a surge in comment spam which we’re trying to fix. In the past these attacks have sometimes forced us to close comments briefly or have even brought down the whole site.
* Relatedly, we’re suffering email disruptions which are affecting email addresses @ this domain name and at my personal domain walterolson dot com. If you have sent mail to me or Ted through these sites in the past week, it may not have gotten to us. Editor – at – pointoflaw – dot – com should reach me and is unaffected by the disruptions. Using comments on posts as a substitute for messaging is best saved for a last resort. Facebook messaging is another alternative to consider.
* A couple of readers have reported disruptions to Overlawyered’s RSS feeds. If this is happening to you, too, feel free to point it out in comments to this post. I don’t use feeds and rely on readers to let me know when they malfunction.
* I’m slowly moving up the learning curve on customizing display styles on things like font size and white space. The gavel icon is back on the front page address line. Don’t assume that this design is final as I’m by no means done tweaking it — I might even go back to the pink color scheme.
P.S. Prof. Bainbridge likes the new design. But does Ron Coleman? And QuizLaw favors the distinctive pink.
February 23 roundup
- Easterbrook: “One who misuses litigation to obtain money to which he is not entitled is hardly in a position to insist that the court now proceed to address his legitimate claims, if any there are…. Plaintiffs have behaved like a pack of weasels and can’t expect any part of their tale be believed.” [Ridge Chrysler v. Daimler Chrysler via Decision of the Day]
- Retail stores and their lawyers find sending scare letters with implausible threats of litigation against accused shoplifters mildly profitable. [WSJ]
- Kentucky exploring ways to reform mass-tort litigation in wake of fen-phen scandal. [Mass Tort Prof; Torts Prof; AP/Herald-Dispatch; earlier: Frank @ American]
- After Posner opinion, expert should be looking for other lines of work. [Kirkendall; Emerald Investments v. Allmerica Financial Life Insurance & Annuity]
- Judge reduces jury verdict in Premarin & Prempro case to “only” $58 million. And I still haven’t seen anyone explain why it makes sense for a judge to decide damages awards were “the result of passion and prejudice,” but uphold a liability finding from the same impassioned and prejudiced jury. Wyeth will appeal. [W$J via Burch; AP/Business Week]
- Judge lets lawyers get to private MySpace and Facebook postings. [OnPoint; also Feb. 19]
- Nanny staters’ implausible case for regulating salt. [Sara Wexler @ American; earlier: Nov. 2002]
- Doctor: usually it’s cheaper to pay than to go to court. [GNIF BrainBlogger]
- Trial lawyers in Colorado move to eviscerate non-economic damages cap in malpractice cases [Rocky Mountain News]
- Bonin: don’t regulate free speech on the Internet in the name of “campaign finance” [Philadelphia Inquirer]
- “Executives face greater risks—but investors are no safer.” [City Journal]
- Professors discuss adverse ripple effects from law school affirmative action without mentioning affirmative action. Paging Richard Sander. Note also the absence of “disparate impact” from the discussion. [PrawfsBlawg; Blackprof]
- ATL commenters debate my American piece on Edwards. [Above the Law]
February 19 roundup
- Raising ticket revenue seems more important to NYC authorities than actually recovering stolen cars [Arnold Diaz/MyFoxNY video via Coyote]
- Subpoena your Facebook page? They just might [Beck/Herrmann]
- Rhode Island nightclub fire deep pockets, cont’d: concert sponsor Clear Channel agrees to pay Station victims $22 million, adding to other big settlements [ProJo; earlier]
- Manhattan federal judge says “madness” of hard-fought commercial suit “presents a cautionary tale about the potential for advocates to obscure the issues and impose needless burdens on busy courts” [NYLJ]
- Wooing Edwards and his voters? Hillary and Obama both tacking left on economics [Reuters/WaPo, WSJ, Chapman/Reason, WaPo editorial]
- Sad: if you tell your employer that you’re away for 144 days on jury duty, you actually need to be, like, away on jury duty [ABA Journal]
- New at Point of Law: Florida “three-strikes” keeps the doctor away; court dismisses alien-hiring RICO suit against Tyson (and more); Novak on telecom FISA immunity; fortunes in asbestos law; Ted on Avandia and Vioxx litigation; new Levy/Mellor book nominates Supreme Court’s twelve worst decisions; and much more;
- U.K.: “Lawyers forced to repay millions taken from sick miners’ compensation” [Times Online]
- Outside law firm defends Seattle against police-misconduct claims: is critics’ beef that they bill a lot, or that they’re pretty good at beating suits? [Post-Intelligencer]
- Cincinnati NAACP is campaigning against red-light cameras [Enquirer]
- Omit a peripheral defendant, get sued for legal malpractice [six years ago on Overlawyered]