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Desk Rage: Damn it Feels Good to be a Gangsta

avatar Marin ATL Idol.jpg[Ed. note: This post is by MARIN, one of the finalists in ATL Idol, the "reality blogging" competition that will determine ATL's next editor. It is marked with Marin's avatar (at right).]

Does this sound like your supervising partner?

[He] aggressively and rapidly advanced...with clenched fists, piercing eyes, beet-red face, popping veins, and screaming and swearing. Raess v. Doescher, 883 N.E.2d 790, 794 (Ind. 2008).

bully cubicle.jpgA recent ABA article, "Beyond Traditional Tort Law, 'Desk Rage' is Now a Potential Claim," suggests that in a few "avant-garde" jurisdictions you can sue your boss for being a world-class a**hole. Er, the ABA might want to sign itself up for one of its CLE refresher courses, because the jurisdictions that recognize the new tort are so avant-garde that they do not yet exist.

The article cites Raess as evidence of a "desk rage" cause of action. But in Raess, the court granted judgment for the plaintiff on a traditional assault claim, and merely noted that a jury instruction about workplace bullying was appropriate. Deduct 3 skills credits.

Of course, you can still sue office tyrants under existing legal theories like Title VII (for racist and sexist jerks), intentional infliction of emotional distress (vindictive jerks) and assault (scary jerks). Unfortunately, there's no tort for run-of-the-mill partner jerks who ignore emails or scream at associates.

On that note, stop reading this post and get back to work, you worthless sacks of sh*t.

Comments
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1 Posted by guest | Permalink Thursday, August 7, 2008 12:25 PM

first to say that there is no work

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2 Posted by guest | Permalink Thursday, August 7, 2008 12:25 PM

First?

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3 Posted by guest | Permalink Thursday, August 7, 2008 12:26 PM

blah, anyone but marin at this point

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4 Posted by guest | Permalink Thursday, August 7, 2008 12:26 PM

first to say this is lame?

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5 Posted by guest | Permalink Thursday, August 7, 2008 12:27 PM

This is brilliant. Interesting, entertaining and provides analysis. Marin's in the lead.

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6 Posted by guest | Permalink Thursday, August 7, 2008 12:28 PM

Wow Marin - I'm actually embarassed for you...

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7 Posted by guest | Permalink Thursday, August 7, 2008 12:29 PM

is this what passes for content these days?

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8 Posted by guest | Permalink Thursday, August 7, 2008 12:29 PM

"Brilliant"? Please...

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9 Posted by guest | Permalink Thursday, August 7, 2008 12:30 PM

Poop > Marin

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10 Posted by guest | Permalink Thursday, August 7, 2008 12:31 PM

i see the Marinheads haven't gone to lunch yet...

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11 Posted by guest | Permalink Thursday, August 7, 2008 12:31 PM

I went to law school with Marin and was initially excited to see her work product here, as she was always so funny -- but I have only been repeatedly disappointed. Come on girl, pick it up!

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12 Posted by guest | Permalink Thursday, August 7, 2008 12:32 PM

Outstanding video on the desk rage link...interesting ABA article. Good work Marin.

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13 Posted by guest | Permalink Thursday, August 7, 2008 12:34 PM

Marin's ATL Idol arc is remarkably similar to that of David Caruso pre-CSI Miami

There were the initial highs (her first post and NYPD Blue) and then the catastrophic lows (this post and Jade)

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14 Posted by guest | Permalink Thursday, August 7, 2008 12:34 PM

Was this supposed to be a funny post or a serious post? It fails as both.

15 Posted by AnyoneButMarin | Permalink Thursday, August 7, 2008 12:35 PM

Awful.

Great lead sentence, good quote, then the whole thing falls apart.

PS: The ABA J blog has been very supportive of ATL, and even apart from that it is neither smart nor amusing to gratuitously attack another blawg.

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16 Posted by guest | Permalink Thursday, August 7, 2008 12:36 PM

I typically don't like Marin - too Hope Wintersesque for me. But this wasn't too bad - pretty funny. I actually scrolled back up to double-check the author. Probably not good enough to keep her in the competition, though.

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17 Posted by guest | Permalink Thursday, August 7, 2008 12:36 PM

Hopefully this will mark the end of Marin's candidacy. She had a decent first week, but this week her performance has been putrid

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18 Posted by guest | Permalink Thursday, August 7, 2008 12:37 PM

Insulting the readership at the end of an otherwise TTT post is TTT

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19 Posted by guest | Permalink Thursday, August 7, 2008 12:38 PM

This is much more entertaining than hearing (for the 52nd time) how much $$ Wachtell associates are making.

Marin bashers step back.

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20 Posted by guest | Permalink Thursday, August 7, 2008 12:39 PM

Apparently the Marinheads get back from lunch around 12:38

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21 Posted by guest | Permalink Thursday, August 7, 2008 12:42 PM

I thought the Office Space reference in the title was promising, but then the post just when no where. Not good this week, Marin.

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22 Posted by guest | Permalink Thursday, August 7, 2008 12:43 PM

Marin you fail. Please move back in to Daddykin's basement.

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23 Posted by guest | Permalink Thursday, August 7, 2008 12:44 PM

This reads like a run-of-the-mill ATL post on a slow news day. Not bad, but forgettable.

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24 Posted by guest | Permalink Thursday, August 7, 2008 12:45 PM

This article would have been much better had the warning to "stop reading this post" been moved to the beginning.

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25 Posted by guest | Permalink Thursday, August 7, 2008 12:45 PM

what's the story with the dude in the video link?

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26 Posted by guest | Permalink Thursday, August 7, 2008 12:49 PM

I really don't understand all the negativity. This is a great post...she included insightful legal analysis, etc.

In fact, I dare say this post indicates she has the most promise of any of the candidates. Desk rage itself was not the primary focus of this piece...it was the fact that the ABA indicated (apparently wrongly) that it might be a cause of action.

Marin-hating has just become reflexive for certain commentors.

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27 Posted by guest | Permalink Thursday, August 7, 2008 12:53 PM

I'm sold. Sophist it is.

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28 Posted by guest | Permalink Thursday, August 7, 2008 12:54 PM

Unnotable article. That video circulated on the web like 10 yrs ago.

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29 Posted by guest | Permalink Thursday, August 7, 2008 12:55 PM

A CLE joke? Really? Did we try that out at Huckster's open mike night first?

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30 Posted by guest | Permalink Thursday, August 7, 2008 12:55 PM

Figgity, figgity, 30th

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31 Posted by guest | Permalink Thursday, August 7, 2008 12:56 PM

28 - whats the deal with the vid

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32 Posted by guest | Permalink Thursday, August 7, 2008 12:58 PM

Reading Marin's posts induce my gag reflex.

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33 Posted by guest | Permalink Thursday, August 7, 2008 1:03 PM

really? this is the story you pick for a competition, blah

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34 Posted by guest | Permalink Thursday, August 7, 2008 1:03 PM

I can't wait for Marin's next article on the late breaking news of NY to 160K

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35 Posted by guest | Permalink Thursday, August 7, 2008 1:16 PM

SOPHIST! SOPHIST!

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36 Posted by guest | Permalink Thursday, August 7, 2008 1:19 PM

Um, this stinks. The post is about "desk rage" right? That's what the title says. But really your angle is "the ABA is stupid because it misread the case." Which really makes your "desk rage" story a non-story, b/c what the hell do I care if some schmo at the ABA takes a slightly too broad view of a state court decision?

If ATL's futue function is to nit-pick articles in the ABA journal then I am tuning out. I want news, not meta-analysis of third-rate publications.

Note also how this differs from the critique of the Harvard Law Avenger article. That story had a decent angle: top law school publishes absolute garbage, makes people doubt quality of lawyers coming from top law school, embarrasses many pompous graduates. A story about the ABA Journal doesn't quite have the same cache.

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37 Posted by guest | Permalink Thursday, August 7, 2008 1:30 PM

Marin, WTF! The way of the winner is not to post absolute drivel and then try to save it with a gratuitous slur at your readership. We vote based on CONTENT and STYLE, NOT how combatively attempt to engage us. FAIL. VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH, VOTE KASH.

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38 Posted by guest | Permalink Thursday, August 7, 2008 1:35 PM

Number 9, don't be so cruel. I like poop.

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39 Posted by guest | Permalink Thursday, August 7, 2008 1:39 PM

Utterly forgettable. you fail.

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40 Posted by guest | Permalink Thursday, August 7, 2008 1:45 PM

I liked it. But it wasn't spectacular.

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41 Posted by guest | Permalink Thursday, August 7, 2008 1:46 PM

BOOOOOR-ING!

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42 Posted by guest | Permalink Thursday, August 7, 2008 1:47 PM

37 - The last line (what you called a "gratuitous slur") seems to be a joke referring to the way these desk-enraged partners speak to associates. It's pretty funny, actually.
The Marin-hating is as reflexive now as the Marin-loving. Let's just be impartial, fellow ATL readers.

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43 Posted by guest | Permalink Thursday, August 7, 2008 1:52 PM

fellow ATL readers? Seriously? You dumb cuntslut.

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44 Posted by guest | Permalink Thursday, August 7, 2008 2:00 PM

the video is fake-- it was part of a viral campaign for angelina jolie's movie "wanted"

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45 Posted by guest | Permalink Thursday, August 7, 2008 2:01 PM

Desk rage is shamazing!

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46 Posted by guest | Permalink Thursday, August 7, 2008 2:02 PM

42,

Let's not be impartial. First, Marin's posts are crap. Second, her fan base seems to want this site to be about her, rather than the gossip that makes it great. Even if she could write worth a damn, a Marin EIC would change this blog to Above the Law in Narnia....

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47 Posted by guest | Permalink Thursday, August 7, 2008 2:11 PM

46 - I don't think it would actually change that much no matter who gets the job. Lat would still oversee the site. What makes the site run are the tips that people send in, which hopefully they will continue to do.

And may I remind you that people used to hate Kash when she first started posting and trashed her posts just like they're trashing Marin's and everyone loves her now.

And no, I'm not a marin-head.
-42

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48 Posted by guest | Permalink Thursday, August 7, 2008 2:44 PM

Flaccid and disappointing.

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49 Posted by guest | Permalink Thursday, August 7, 2008 3:03 PM

this was okay. but just okay.

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50 Posted by guest | Permalink Thursday, August 7, 2008 3:04 PM

this was okay. but just okay.

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51 Posted by guest | Permalink Thursday, August 7, 2008 3:08 PM

47 - uh, no. We used to hate SEN (and still do). We liked Kash from the start (if for no other reason than not being SEN).

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52 Posted by guest | Permalink Thursday, August 7, 2008 3:11 PM

Kash gained an immediate for following for 1) looking like a soccer MILF, and 2) using the second person in her initial post.

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53 Posted by guest | Permalink Thursday, August 7, 2008 3:11 PM

Kash gained an immediate following for 1) looking like a soccer MILF, and 2) using the second person in her initial post.

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54 Posted by guest | Permalink Thursday, August 7, 2008 3:11 PM

Fucking awful. Give the prize to Sophist now, clearly the best of the worst.

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55 Posted by guest | Permalink Thursday, August 7, 2008 4:29 PM

Decent. The "get back to work" bit was cute, not abusive to the ATL readership. I suspect that she was trying to show that she knew some law, but a laid it on a little thick.

I think Alex by a nose, so far. Marin next. Sophist a little further back in third.

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56 Posted by guest | Permalink Friday, August 8, 2008 3:09 AM

Boring.

This entry could have used a reference to Terry Tate: Office Linebacker for some comic relief.

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