lawsuits

The Warped Values Of NFL Fans

/ Jack Marshall / 12 Comments

nfl-poll

Yahoo Sports posted an infographic on polling results regardingthe ongoing national anthem protests following the example of  San Francisco 49ers quarterback Colin Kaepernick. Part of it shows that 44 percent of NFL fans would likely stop watching NFL games if more players protest the movement.

This suggests that 44% of NFL fans have more  ethical objections to a sport that panders to hypocritical, Black Lives Matter-supporting dim bulbs like Kaepernick than to the fact that the same sport pays young men to cripple themselves while raking in billions and denying that there is a “causal link” between the concussions it routinely inflicts on players and the debilitating brain disease that is being found in autopsies of more former NFL players than not.

This month a class-action lawsuit was filed against Pop Warner, the nation’s largest youth football league. It alleges that the organization knowingly put its young players in danger by ignoring the risks of head trauma. The complaint also accuses USA Football, the youth football arm of the N.F.L. that  creates football helmet safety standards, of failing to protect football-playing kids from the long-term consequences of repeated head hits, while ignoring medical research (as described in the documentary “League of Denial” and the film “Concussion”) that has raised serious concern about whether football is a safe sport, especially for children.

The suit was filed in federal court in California by Kimberly Archie and Jo Cornell, whose sons played football as youngsters and were found to have chronic traumatic encephalopathy or CTE, a neurological condition linked to repeated blows to the heads. In March, Pop Warner settled a lawsuit with a family whose son played Pop Warner football and later committed suicide. He was found to have CTE. Continue reading →

A Daughter Sues Her Parents For Being Assholes. Good.

/ Jack Marshall / 18 Comments

photo

An 18-year-old Austrian woman is suing her parents for continually posting embarrassing childhood photos of her on Facebook without her consent. Since 2009, she alleges, they have willfully humiliated her by constantly posting intimate images from her childhood—about 500 to date. Among them are potty training photos and pictures of her having her diapers changed.

The abused daughter told reporters, “They knew no shame and no limit – and didn’t care whether it was a picture of me sitting on the toilet or lying naked in my cot – every stage was photographed and then made public.” Her parents have  700 Facebook friends.

The technical term for them is “cruel and merciless assholes.”

They have refused to delete the photos, with her father arguing that since he took the photos he has the right to publish them to the world.

Oh, what does the law have to do with this? If the parents had any decency, and sense of fairness, respect and caring, the law wouldn’t have to be involved in any way.  Their daughter feels humiliated, as most of us would be, by having such photos published. There is no ethical principle under which publishing photographs (or videos) of anyone that were taken without consent when the subject objects or one knows or should know that he or should would object can be justified. This controversy, if ethical parents were involved, would be settled with a simple exchange:

Her: “Please don’t put anymore of those photos on Facebook, and take down the ones that are up now. They are embarrassing.”

Them: “OK!”

How hard is that? I know it’s hard for parents to resist posting photos of their adorable infants and toddlers while they are too young to protest, but the protest should be presumed. The Golden Rule rules, and I go further: this is an absolute. Children should not have their lifetime privacy scarred by parents selfishly indulging themselves by treating their children like pets. Children should be able to trust their parents to respect their sensibilities and vulnerabilities, and not to sacrifice them for cheap Facebook “likes.”  Obviously, many of them can’t.

Continue reading →

About That Obviously Dishonest Disclaimer On Movies And TV Shows

/ Jack Marshall / 13 Comments

“The story, all names, characters, and incidents portrayed in this production are fictitious. No identification with actual persons, places, buildings, and products is intended or should be inferred.”

The character of Jake LaMotta is fictional, and any similarity to Jake LaMotta is purely coincidental...

The character of Jake LaMotta is fictional, and any similarity to Jake LaMotta is purely coincidental…

This and disclaimers like it on movies and TV shows have driven me crazy for a long time. So often the text is an obvious lie. I first began obsessing about it during the early days of “Law and Order,” when Dick Wolf’s show would herald the fact that its episodes were “ripped from the headlines,” then end with a disclaimer that said it was completely fiction. Sometimes, an episode was obviously based on a specific crime and specific individuals, and the actors were made up to look like the actual criminals. The disclaimer was and is a lie, and since it was obvious, why did they bother? Legally, it does no good to publish a boilerplate disclaimer that says, “We’re not really doing what any fool can see we are doing, ” except to discourage potential lawsuits by stupid people. I am of the (minority, unfortunately) position that it’s unethical for lawyers to author legally meaningless language like this for the sole purpose of misleading the ignorant.

The background of the disclaimer is interesting; Slate just published the story, which I realized I once knew but had forgotten.

The 1932 MGM film “Rasputin and the Empress”, was based on the events leading up to the fall of the Romanovs, and starred John, Ethel and Lionel Barrymore. Its most famous sequence was a version of the antic assassination of Rasputin, an event largely known because of the book written by one of the assassins, Prince Felix Yusupov, portrayed as “Prince Paul Chegodieff” in the film. The film also suggested that the Prince’s wife, “Princess Natasha,” was raped by Rasputin—suggested but not shown, since Rasputin was played by John Barrymore (Drew’s grandfather) and the princess was played by his sister, Ethel.  Princess Natasha was the avatar for Princess Irina Alexandrovna of Russia, who, like her husband Prince Felix, had escaped Russia before all the royals were killed.

Yusupov, living in Paris, heard about the film and decided that since audiences would recognize him as  the fictional killer of Rasputin, they would also assume that his wife was raped by Rasputin. She wasn’t, or if she was, only she and the Mad Monk knew about it. Officially, Irina and Rasputin had never met. An MGM researcher had pointed out this factual discrepancy to the studio during production and warned that the Yusupovs could sue, but was pooh-poohed off the lot. She was correct, however, for Irina Yusupov sued the studio, and after watching the movie twice, the British jury awarded her £25,000, or about $125,000. MGM took the film out of circulation for decades, and when it turned up on Turner Classic Movies, the pseudo-rape scene was gone. Continue reading →

No, There Is Nothing Unethical Or Hypocritical About A Feminist Lawyer Defending Roger Ailes

/ Jack Marshall / 9 Comments
"A feminist lawyer like Estrich taking on the same clients men do? That's outr...wait, what side am I on again?"

“A feminist lawyer like Estrich taking on the same clients men do? That’s outr…wait, what side am I on again?”

Fired Fox News creator Roger Aisle hired renowned feminist lawyer and teacher Susan Estrich to defend him against the sexual harassment law suit filed by former Fox Blonde Gretchen Carlson. Responding to shock and disappointment among some feminists and others that Estrich would “abandon her principles” to defend such a client, Slate’s feminism reporter Nora Caplan-Bricker authored a post titled “The One Good Reason for a Trailblazing Feminist Lawyer to Defend Roger Ailes.”

This is in the category of a supposedly enlightening post that actually makes readers less informed. There only needs to be one Reason for a Trailblazing Feminist Lawyer to Defend Roger Ailes, and it is a great reason. Susan Estrich is  a lawyer; lawyers defend people who are sued; lawyers do not have to agree with, support or approve of  a client’s alleged actions requiring such a defense; and there’s is no reason in legal ethics or any other ethical system that argues that a U.S. citizen shouldn’t have access to the best representation possible.

For her part, Estrich has said that she is taking the case because “The individual gets convicted long before he or she has had an opportunity to defend himself. And that’s not fair, whether it is happening to a woman or a man.” That’s the civil law equivalent of the late Johnnie Cochran defending his accepting O.J. as a client by saying, “In this country, everyone has the right to be treated as innocent until found guilty by a jury of his peers.”

Partial translation of both statements: “I’m a lawyer, and I don’t judge my clients. That’s not my job. My job is to help them use the law and legal system for their own purposes and protection, like any other citizen.”

I’ve written about this aspect of lawyers’ vital function in society, one that non-lawyers just cannot seem to grasp, so many times. Here’s a recent post; but maybe this one from 2015 is more on point. That one was about progressive legal icon and Harvard law prof Larry Tribe representing Peabody Energy, the world’s largest private-sector coal company, in a lawsuit that sought to invalidate some EPA regulations adverse to their horrible, evil, earth-destroying–but legal!–business. Tribe was called a traitor to the Cause of turning the U.S. into a wind and solar run nation, and I explained that the attacks on him, like all such attacks, were based on a stubborn lack of comprehension by non-lawyers, writing..

That is what lawyers do, and what they exist to do: represent citizens and companies as they seek to avail themselves of their guaranteed right to use the law to protect their interests. The public and media just don’t get it, and appear to be immune from educating on the subject: what your lawyer personally believes about your cause doesn’t matter. His or her job isn’t to judge you or your purpose. It is to give you the chance to use your rights to due process and the courts to have the law work for you rather than against you, and to have your position, if legal, serious and offered sincerely, represented by the best legal talent available.  Whether or not Tribe personally believes or supports the position being taken by his client is irrelevant to his role, unless he is so unprofessional (as in emotional and unable to overcome his own biases) that he can’t represent a client whose objectives he opposes. Then he would be obligated to refuse the representation. Then he would also be a poor lawyer, and Lawrence Tribe is anything but.

Replace “Larry Tribe” in that paragraph with “Susan Estrich”, and save me some time.

Thanks! Continue reading →

When Big Corporations Act Exactly As Bad As Bernie Sanders Says They Are..

/ Jack Marshall / 17 Comments

Thank you city

Banking behemoth Citigroup is suing AT&T for using  “Thank You” in ads, because Citigroup claims that it owns the trademark on “THANKYOU.” See, it’s not enough that corporations want us to think of them when we go to a baseball game or maybe when we are wishing that our children never existed. They want us to think of them when we are being nice, too

No, this is not a hoax. I wish it were.

Law professor/blogger Jonathan Turley, who hates this as much as I do, has kindly provided links to other examples of this nauseating phenomenon (this , and this, yes, and this , don’t forget this, oh, and this nonsense , this ,this too ,here ,here ,another one here, here as well, and this), but this is really the last straw, or should be. Continue reading →

Apology Not Acceptable: The Pastor, The Cake, And The Whole Foods Scam

/ Jack Marshall / 7 Comments
This guy takes the cake...

This guy takes the cake…

Jordan Brown is the openly and presumably obviously  gay pastor at Austin’s Church of Open Doors. You will remember him if you saw his video last month explaining how an employee at the local Whole Foods, in an inexplicable burst of baker suicidal tendencies, had written in icing the legend “Love Wins Fag”—whatever that means—on a cake he had ordered there.

“When I got into my vehicle, I looked inside and saw they had wrote ‘Love Wins F–‘ on it,” Brown says in the video, in apparent emotional anguish. “You can see it nice and clear. Also, it is still in a sealed box. As you see, I have not opened up this box yet.” He also held a press conference, describing his feelings of humiliation when he finally got home with his cake and read the icing attack.

Then he sued the groceries giant, claiming that Whole Foods knew or should have known that cakes prepared by mad homophobic bakers in its employ might have “slurs or harassing messages” written on them and then be “presented to a customer without any oversight or prior warning.” Ah, if only Whole Food had said, to Brown, “We have to warn you, sir, we’ve written a homophobic slur on your cake. Have a nice day!”

Naturally, as with so many recent examples of members of frequently harassed and victimized groups, especially on campuses, creating their own racist, sexist or homophobic “hate crimes” and inventing  entire incidents, like Rolling Stone’s “Jackie,” the initial reaction of the news media was gullible acceptance, and the immediate response of social justice warriors was fury. Whole Foods was a cultural villain, and facing significant, business-threatening consequences.

Whole Foods did not turn the other cheek, however. It denied the allegations and countersued, stating that Brown “intentionally, knowingly and falsely accused Whole Foods and its employees of writing the homophobic slur … on a custom made cake that he ordered from WFM’s Lamar Store in Austin.” Whole Foods, ominously for Brown, said that it had video evidence proving that Brown had tampered with the cake.

Suddenly contrite in the face of resistance, the good pastor said, in effect, “Ooopsie!” He issued an e-mail, withdrawing his lawsuit and his story: Continue reading →

Ethics Quote Of The Day: Slate’s Dahlia Lithwick

/ Jack Marshall / 35 Comments

“Whether or not the alleged institutional abuses are ultimately proven, the reality is this: A severely ill young man wasted away, smeared in his own feces, under the watchful eyes of multiple health care workers, corrections staff, and other inmates. His death will force no accountability and will bring about no change. The illness from which Jamycheal Mitchell suffered could have been better managed through medication, proper treatment, and simple respect. The illness that allows the rest of us to jail great masses of dangerously sick people and mistreat them until they die? It is increasingly seeming to be untreatable and incurable.”

—-Slate’s legal pundit Dahlia Lithwick, writing about the case of 24-year-old Jamycheal Mitchell, who was found dead in his cell at Hampton Roads (Virginia) Regional Jail in Virginia.

Jamycheal Mitchell: Almost nobody thinks his life mattered.

Jamycheal Mitchell: Almost nobody thinks his life mattered.

There is a $60 million lawsuit being filed by Jamycheal Mitchell’s family over his death as a result of an astounding combination of incompetence and negligence. Mitchell suffered from schizophrenia and a bipolar disorder, and was arrested four months prior to his death for stealing a can of Mountain Dew, a Snickers bar, and a Zebra Cake from a 7-Eleven.  He was allowed to waive counsel despite his mental and emotional impairments, and bail was set at $3,000  for stealing less than five dollars worth of junk food. A judge twice ordered him moved to a state mental health hospital, but no beds were available, so he was allowed to languish, and starve to death, in jail.

The videotape of his last days in prison were also erased forever, because, officials say, they didn’t show anything irregular. I was asked if this qualified as spoliation, the intentional and illegal destruction of evidence when a court proceeding is looming or and investigation is underway. No, because spoliation can only take place when a legal proceeding is inevitable or in process, and also because government institutions are remarkably unlikely to ever be held to account for the practice. This was not technically spoliation, because there was no legal proceeding yet, though one could have been predicted by an idiot. Similarly, Hillary Clinton destroying 0ver 30,000 supposedly “purely personal” emails  before they could be demanded by a Senate Committee (and hearings are not legal proceeding) were not technically spoliation. Ethically, it is a distinction without a difference.

Continue reading →

Yecchh! The Daily Caller And Its Commenters Cheer On Sexual Predator Teachers

/ Jack Marshall / 49 Comments
I'm really sorry you didn't get any in high school, Tucker (maybe it was the bow tie), but it's no excuse.

I’m really sorry you didn’t get any in high school, Tucker (maybe it was the bow tie), but it’s still no excuse.

I’ve called out the Tucker Carlson’s conservative news and commentary website The Daily Caller for this before. Apparently this is Carlson’s sick and unethical obsession: I guess he can’t stop his sophomoric fantasies and pain arising out of being a high school nerd gazing hopelessly at cheerleaders and the occasional attractive teacher from infecting his judgment and ethical values. Thus he—and his “education editor,” Eric Owens—think rape is ethically acceptable if the rapist is hot enough.

Once again, the site reports on an example of high school teachers exploiting their male students for their own sexual satisfaction with a slimy wink-wink-snort coded piece making it clear that the Daily Caller regards the episode is one big joke. This time the tongue in cheek headline, accompanied by the photographs of the two women involved, conveys Tucker’s attitude:

Male Teen’s Parents Sue Over Son’s 9-HOUR THREESOME SEX TRAUMA With English Teachers

Rapist teachers

Hahahahahahaha! That’s some trauma! Hey guys, you would have all been traumatized by an epic sex session with these two babes, right? Poor kid! Continue reading →

As Usual When Gender Discrimination In Wages Is The Issue, There Is More To The Women’s Soccer Lawsuit Than The Media Wants You To Know

/ Jack Marshall / 13 Comments

women's soccer

The gender wage discrimination issue makes my head start to hurt every time it is raised, which, I admit, has made me grateful that Hillary and Bernie have been concentrating on the other progressive issues they fill with half-truths and deceit. Some of those are the wealth gap, mass incarceration, the evil of big banks, discrimination against Muslims, trigger-happy police, campus sexual assault, climate change, gun violence  and the minimum wage. As with these pet progressive agenda items, it isn’t that there aren’t real problems there that require effective policy initiatives, but that advocates are so infuriatingly dishonest when debating them—exaggerating statistics, demonizing opponents, and persisting in using false facts, studies and myths long after they have been definitively disproved.

If the new media was competent and even-handed, challenging the false assertions as they should, this would not be such an impediment to rational debate. The news media is seldom objective, however. On all of these issues and more, it plays the role of advocate and partisan ally with depressing regularity. An activist on the keft has to make a truly outrageous statement to even be challenged, as when Black Lives Matter organizer Aaron Goggans suggested on CNN yesterday that black on black crime is a “myth.”

There is gender discrimination in wages; I have seen it up close, in my family and in companies and organizations I have worked for. I have personally taken action to address it. The issue is complicated, however, and not close to the absurd “77 cents on the dollar” figure that has been employed, unchanged and virtually unchallenged, for decades, nor is it fairly represented by studies that show how men in the same careers make more over their working lives than women.

Never mind; the news media allows the issue to be debated in an atmosphere dominated by misrepresentations. My reflex approach is that  until advocates for a position are willing to stop lying, spinning, and demonizing, I will pointedly avoid supporting them. Call it the Clean Hands Doctrine. Gun control is one example. Climate change is another.

When  five players on the U.S. Women’s Soccer team filed a federal complaint last week accusing U.S. Soccer of wage discrimination because, they said, they earned as little as 40% of what players on the United States men’s national team earned despite reaching the team’s third World Cup championship last year, I read and heard nothing but cheers from women’s advocates, Democrats, pundits and Facebook posters I also read nothing but sexist snorting from the conservative side. (“Wanna know how to get paid the same as men for playing soccer? Try out for the men’s team! HAR!” ). The truth, as usual, is somewhere in the middle, but you wouldn’t know that from reading most accounts or watching the news channels. Continue reading →

“Jackie” Scores A Jumbo!

/ Jack Marshall / 22 Comments
That's not really "Jackie" with Jimmy and Jumbo---it's Doris Day, who turned 92 this week. Happy Birthday, Doris!

That’s not really “Jackie” with Jimmy and Jumbo—it’s Doris Day, who turned 92 this week. Happy Birthday, Doris!

You remember “Jackie,” surely, who was featured often in Ethics Alarms posts last year. She is the inexplicably still un-named lying fake rape victim who exploited the sloppy journalism and miserable ethics of man-hating Rolling Stone writer Sabrina Erdley, to create a sensational account of a fraternity gang rape on the University of Virginia campus…that never happened. The resulting article led the UVA president to shut down fraternities, set anti-male feminist pundits and activists into a frenzy of nation-wide victim-mongering, brought down the fires of Hell on the brow of UVA associate dean of students Nicole Eramo, who “Jackie” fingered as an unfeeling villain, and seriously— and, one hopes, permanently— wounded the credibility of Rolling Stone, which ultimately had to retract the whole thing.

No,  the gang rape never happened. About that, there is no longer any doubt. No evidence of an assault was ever uncovered, besides “Jackie’s” lies. None of her “facts” could be confirmed, except by the progressive biases—mostly political, as the Obama Administration has been working overtime to represent campus romance as the equivalent of the Rape of the Sabine Women—that allowed the story to progress to publication in the first place.

Now Nicole Eramo is suing Rolling Stone for defamation, alleging that Erdley’s article vilified and harmed her recklessly. Naturally, her lawyers want to depose “Jackie,” since it was “Jackie’s” fiction, never verified by Rolling Stone, that created the false story.

Jackie’s lawyers, however, strongly argued on her behalf that she should not have to testify, since the experience would cause her serious psychological trauma by forcing her to relive the sexual assault—that never happened. She will be “re-victimized,” her lawyers say–remember, this is Jackie’s position; her poor lawyers are the ones she pays to present it without laughing. Continue reading →