Those aren’t my Herpes… Then whose Herpes are they?
In September, Kirkland & Ellis partner Frederick Tanne sued his wife, her lover, and her father for giving him herpes. (We mentioned this lawsuit in passing in Morning Docket at the time of the complaint, and many of you complained about the item not getting its own post. Well, here you go!)
Tanne claimed to have discovered his wife’s infidelity when he found herpes-treatment medicine in their bathroom. According to the New York Post, Tanne got tested for herpes and “discovered he was infected with the incurable virus.” He sued his wife, accusing her of multiple extramarital affairs, and seeking compensation for medical bills, lost wages and pain and suffering.
Mrs. Tanne’s dad is a doctor, and prescribed the herpes medication Valtrex to her. He denied his daughter had an affair. His explanation:
[Amy Tanne’s father, Samuel] Messing denied that his daughter was infected.“My daughter does not have genital herpes,” he said. “This is pure nonsense. I prescribed Valtrex for a cold sore on her lip. She never had a cold sore until she married him.”
He also denied that his daughter ever had an affair.
“He just wants to make things difficult for my family,” Messing said.
The doctor may be a reliable expert witness. The embarrassing twist in the case, after the jump.
Tanne may have been a little hasty in filing the suit against his wife. It looks like the glove doesn’t quite fit, and the infidelity shoe is on the other foot. (We love mixing metaphors, almost as much as Tanne allegedly loves mixing it up with herpes-infected ladies.)
Turns out Mrs. Tanne doesn’t have herpes. The latest from the New York Post:
White-shoe attorney Frederick Tanne, 47, filed suit against his wife of 22 years, Amy Tanne, 46, earlier this year, charging her straying had left him with Herpes Simplex Virus 2, an STD that caused him to suffer “pain, suffering, emotional, mental, psychological and physical injuries and loss of enjoyment of life.”In court papers filed yesterday, Amy’s lawyer, Thomas Mullaney, said his client had a blood test last month and “presented as ‘negative’ for HSV-2, more commonly known as genital herpes, with which Mr. Tanne is allegedly infected.”
On the plus side, assuming her cold sore has cleared up, Mrs. Tanne can give Mr. Tanne the remainder of her Valtrex.
Taking a look at Tanne’s bio, we’re relieved for Kirkland’s sake to see he is involved in M&A and corporate restructuring, not litigation.
CUCKOLD ‘SORE’ AT HIS WIFE [New York Post]
HERPES SUIT TWIST [New York Post]




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second
First
Boy I'm Firsty!
1 is an idiot. But Tanne is an even bigger idiot.
NY to Valtrex - stat.
Fifth place.
This guy is so busted.
K&E to massive divorce settlements.
http://seekingalpha.com/article/105061-should-we-really-bail-out-the-big-three-automakers-with-73-20-per-hour-labor?
what had been really good is if kash could have somehow fit in an "Ice pirates" reference in here...but alas, this blog is in the tttoilet.
what had been really good is if kash could have somehow fit in an "Ice pirates" reference in here...but alas, this blog is in the tttoilet.
Herpes: Everything is bigger in Texas.
We ask for an open thread to discuss the S.Ct and we get herpes.
Back to ABAjournal I go.
I smell a plot line for Gossip Girl.
what had been really good is if kash could have somehow fit in an "Ice pirates" reference in here...but alas, this blog is in the tttoilet.
sweet: #s 8 and 9 here. i double posted. sweet.
This post is nothing without photos. Link please.
Great to see Kash back with a post that relates to law, sex and STDs. Well done.
Bullsh*t...I still believe the husband.
(1) More than 50% of Americans have the cold sore virus; (2) Most people that carry the cold sore virus do not have cold sores; (3) The cold sore virus can easily be transmitted to another person, which is why more than 50% of Americans carry the virus; (4) Valtrex treats the cold sore virus along with genital herpes by limiting outbreaks; and (5) This guy is a douche
Herpes blood tests are notoriously unreliable. This site sucks now, btw.
*adds "herpes free and lovin it!" to resume...makes note to steer clear of mr. tanne if i work at k&e*
-nervous T-10 1L
email job leads to nervoust101l@yahoo.com
First to say that Kash is an idiot - the doctor could not be an expert witness because he is already a fact witness.
Heh heh, "Messing" around. Too easy.
21, Kash never went to law school.
Only the gays get the herpes. That is why everyone calls it "gerpes"
I thought this was common knowledge.
that partner sure looks happy even though he has herpes....
*wishes i had herpes if it meant being a partner, hell i'd even take herpes for a 1L sa position*
-nervous T-10 1L
email job leads to nervoust101l@yahoo.com
First to say 21 is an idiot - cops and federal agents routinely testify as expert witnesses in their own cases.
Mr. Tanne seems like a real joy to work with. I hope he enjoys the publicity, I wonder how many new clients he expects to get now.
Damn guidos and their adulterous behavior. Somebody should've told him to be careful around the skanks on the Jersey Shore.
-Prestigious Southerner
Texas herpes are really really big, just like Texas.
Everything is bigger in Texas.
guys at my high school used to erroneously sue their wives for catching herpes all the time. it was no big deal.
"Those aren't my Herpes... Then whose Herpes are they?" Um, maybe Sutherland's?
HSV-1 (causes cold sores) can also cause genital herpes.
Is he claiming he has HSV-2 or just genital herpes?
I caught The Herp in the men's bathroom at HLS.
I caught herpes riding a tractor naked.
Tanne is a world class dope. Hope for the clients' sakes he is not calling the shots on litigation at his firm.
This Frederick Tanne guy looks familiar... http://rumordujour.blogspot.com/2008/06/rumor-du-jour-thursday-june-26-2008.html
30-- hilarious.
Ahhhhh, Emory.
www.emory.TTT.edu
Agree that 21 is wrong on the law, and an asshole for calling Kash an idiot.
Nothing precludes a doctor who examined a party from testifying both to his findings and offering his expert opinion as to cause, etc.
21, a witness can be both a fact witness and an expert witness
38 - Obviously someone at Emory is performing far better than you at your firm. Don't be so bitter. Then again, if I were you, I would probably be bitter also. After all, most people aren't born with a 1 inch penis.
Emory and Ivory ....living together in perfect harmony....
Tonight -- One Night Only ...."Everyone in Texas gets AIDS"
20 is a pretty funny troll of a 1L
His wife certainly has standing to sue him for a micropenis.
Who has standing to sue him for terminal stupidity? His partners?
41 - usually smaller, assuming by "people" you mean "boys." You're not a father who's ever had to change a diaper, are you?
http://endofesq.com/index.php
Only somewhat less entertaining than a donut on a stick.
18 has herpes
Kash you realize it's KirKland & Ellis not Kirland & Ellis right?
Tanne looks like Smilin' Bob..... it all makes sense.
Texas herpes are really really big, just like Texas.
Everything is bigger in Texas.
ATL needs more herpes-related threads.
Space Herpes to 190k!
19 and 32 are correct. Blood test was good public relations ammo, but not much else.
32, the article says he specified HSV -2 in his suit. So if she doesn't have it, he got it elsewhere.
A fact witness can also be an expert witness, but it's generally not a good idea. This is especially true if the witness is the party's father.
But I don't think Kash meant "expert witness" as if this were a trial. She just meant "he should know."
This guy is clearly not WILDMAN HARROLD material.
Blood test won't always detect herpes. The surest diagnosis is taking a sample from the lesions themselves.
Really, though, what's the big deal? Something that half of all adults harbor shouldn't be stigmatized. Herpes ain't HIV.
now I know where I got my herpes from...
- K&E 2008 Summer Associate
Nice post Kash.
As an Emory 3L, I am so glad to be a future fellow alumn with this class act!!!!!!!! He can give me herpes any day ;-)
Maybe they'll be on the commercials:
"I have genital herpes."
"And I don't."
"And I sued her because I thought she gave them to me."
"And I just had a cold sore, awkwardly handled by my father."
Wait...the Enzyte guy is missing? Holy shit!
What a fuckup.
At least change your name in advance to something less Googleable if you're going to file a suit like this.
I don't usually jump on the "bad writing" bandwagon, but in this case the terrible writing was pretty funny. Reading the opening lines, I thought the guy was suing his wife and her father, both for giving him herpes, and I thought "WTF, her father gave him herpes? She had sex with her father? He had sex with her father? Is this an episode of Jerry Springer?"
Still a pretty funny story, but not nearly as salacious as those badly written first few sentences suggest....
Texas has the highest # of herpes per capita, followed closely by most of the other southern states.
If you have to call yourself prestigious, you aren't.
Was her lover Ron Mexico?
Genital herpes is quite common and is not a serious illness. Approximately 25% of women have it, and a slightly smaller percentage of men. Very few people who have it ever know that they are infected, and yes, the blood tests are unreliable. Furthermore, the overwhelming majority of the population carries HSV-1, which can also cause genital outbreaks (if the genital area is exposed). Finally, a person can have genital herpes for years before developing symptoms for the first time--the appearance of symptoms doesn't necessarily mean infidelity has occurred. In short, as others have said..... this case is bs.
Genital herpes is quite common and is not a serious illness. Approximately 25% of women have it, and a slightly smaller percentage of men. Very few people who have it ever know that they are infected, and yes, the blood tests are unreliable. Furthermore, the overwhelming majority of the population carries HSV-1, which can also cause genital outbreaks (if the genital area is exposed). Finally, a person can have genital herpes for years before developing symptoms for the first time--the appearance of symptoms doesn't necessarily mean infidelity has occurred. In short, as others have said..... this case is bs.
47 - spot on.
Testing the skin is only helpful if you have an outbreak or if the virus is shedding (which may also be when there are no symptoms of the virus). Blood tests may be unreliable, but they're also the only way to test for the majority of people, since most people with either herpes virus don't generally have symptoms (or their symptoms are so mild they don't recognize them).
Everyone has HSV-1. Seriously like 90% of the population. Ever share a drink with anyone? You've got herpes. No one cares about HSV-1 because it rarely causes serious symptoms.
HSV-2 is what people tend to mean when they say they have herpes. HSV-2 is more likely to cause symptoms and (from what I understand) outbreaks can be excruciatingly painful. Generally HSV-2 is referred to as "genital herpes" while HSV-1 is referred to as "cold sores," although you can get either on your mouth and/or your genitals, and any number of other places. It's just most common (at least traditionally, probably becoming less so as oral sex becomes more and more the norm) to have HSV-1 on the mouth and HSV-2 on the genitals.
Also, chicken pox is herpes (herpes zoster). That herpes virus also never leaves your system, but the majority of people only suffer a herpes zoster outbreak once in their lives (hopefully when they're kids so as not to cause infertility problems). Sometimes the infection will manifest symptoms more than once, usually in older folks or people with immune problems (shingles).
Also, having one type of herpes simplex apparently makes you less likely to contract the other in the infected area.
11: before you get to high and mighty....
http://www.abajournal.com/news/divorce_drama_kirkland_partner_sues_wife_re_alleged_affair_std/
11: before you get too high and mighty....
http://www.abajournal.com/news/divorce_drama_kirkland_partner_sues_wife_re_alleged_affair_std/
Slander per se in NY: an unprivileged publication alleging that the person slandered suffers or has suffered from a "loathsome disease."
He probably got his herpes at Emory. I know I did.
18, 68, 69, 71 - All are presently experiencing raging outbreaks of herpes.
76: so is Texas.
When people have herpes, it's important to tell potential sexual partners before they become physically involved. Many people think that herpes can only be transmitted when there are active blisters or sores, but that isn't true. The virus still lives in the skin, even when it looks normal.
More and more people with herpes have to find their partners on online dating sites such as STDcupid.net.