Defamation

soup bowl of soup Above the Law blog.jpg“And I’m going to mention it in my restaurant review — ’cause if you sue me, your chances of prevailing are low.”
That’s the gist of this interesting NYT article by Adam Liptak. Money quote:

These rulings, from about a dozen over the past three decades, were all in favor of the reviewer.

¶ “Trout à la green plague”? Ruling: “An ordinarily informed person would not infer that these entrees were actually carriers of communicable diseases.”

¶ “The fish on the Key West platter tasted like old ski boots”? Ruling: “Obviously, that was hyperbole used to indicate that the reviewer found the fish to be dry and tough.”

¶ Peking duck pancakes “the size of a saucer and the thickness of a finger”? Ruling: “An attempt to inject style into the review rather than an attempt to convey with technical precision literal facts about the restaurant.”

¶ “Bring a can of Raid if you plan to eat here”? Ruling: “The techniques of humor and ridicule were protected.”

Harsh, yes. But we’re not sure if any of them are as bad as what A.A. Gill had to say about Jean-Georges Vongerichten’s Asian restaurant in Tribeca, 66:

Mr. Gill likened the shrimp and foie gras dumplings at 66 to ”fishy, liver-filled condoms” and called them ”properly vile, with a savor that lingered like a lovelorn drunk and tasted as if your mouth had been used as the swab bin in an animal hospital.”

Ouch. Seems like Mr. Gill was trying too hard. We dined at 66 once, and we found it perfectly pleasant — not as impressive as Mr. Vongerichten’s other culinary outposts, but certainly not worthy of such vitriol.
(And yes, we did try the dumplings. We enjoyed them — as did William Grimes of the Times, who listed them as a recommended dish.)
Serving You Tonight Will Be Our Lawyer [New York Times]

H Rodgin Cohen 2 Chairman Aaron B Charney Aaron Brett Charney Sullivan Cromwell Above the Law Above the Law Above the Law ATL legal tabloid legal blog.JPGLast week there was some speculation over what happened to certain particularly delicious reader comments posted over at the WSJ Law Blog, concerning Charney v. Sullivan & Cromwell.
As explained here:

“[N]o work is getting done [at S&C]. We’re too busy concocting conspiracy theories about why certain highly-detailed comments to the WSJ law blog were pulled…(these posts were fairly specific in their criticisms of S&C and, in particular certain partners/wannabe underlings)…”

Over at the WSJ Law Blog itself, there was some meta-commentary about the deletion of these comments:

“Why are comments being deleted from the board? There were definitely a few on here that were posted since 7:35 AM today.”

“[O]ne of my finest writings was summarily removed by the WSJ Law Blog thought police. Why don’t we all keep parallel logs of our writings as each is entered, and if the law blog continues with its caprice in 2007, et seq., we loggers can then start a class action against WSJ law blog. Coul[d] be fun!”

“I am a gay blogger and WSJ expunged me without my consent. It felt GREAT.”

“A post regarding the attractiveness of one of the attorneys mentioned in complaint ([Melissa] Sawyer) was removed, I know that much because I remember it being there. And after looking up her profile myself . . yes, she is a fox.”

We followed up with Peter Lattman of the WSJ Law Blog, to find out why certain S&C-related comments were getting zapped. We received a response from Bill Grueskin, managing editor of WSJ.com.
We reprint Mr. Grueskin’s response, and explain ATL’s own policy on reader comments, after the jump.

double red triangle arrows Continue reading “Charney v. Sullivan & Cromwell: WSJ Law Blog Comments Policy”

* All may not be genetically sound with Suri babies of holoprosencephaly sufferers. (But does genetic perfection really exist?) And once again, wordplay gets us out of the woods of potential litigation by a crazy actor midget. [Overlawyered]
* Jack Abramoff has been hitting the books in the prison law library and will represent himself in two lawsuits filed against him by Indian tribes. I think “kitchen duty and carpentry” is prison-speak for “shower activities.” [Law.com]
* Off-ensive or just off-menu? Not brought to you by the people who brought you this refreshing drink. [Vivir Latino via Racialicious]
* Remember when we used to de-contract words (e.g., “does not” for “doesn’t”) to inch our way towards the minimum word requirement? [FN1] Apparently, this is the only way law school is not like high school. [PrawfsBlawg]
[FN1] Enough already! law professors lament. And yes, smart aleck, footnotes do count toward the word limit.
* Running with Scissors writer Augusten Burroughs is being sued for libel, not for his part in the adaptation of his memoir into the abysmally bad film version. [Vanity Fair]
* Any future husband of mine should be so lucky as to take on “Q” as their last name, or our combined last name. But for the record, could it be that “Buday” is pronounced “booty”? [ACLU of Southern California via PrawfsBlawg]

Non-Sequiturs: 12.11.06

* I think I may be the only New Yorker who regularly watches local channel NY1 — I just can’t get enough of Pat Kiernan’s deadpan delivery, especially of the more frivolous items. What would he say (and too bad he can’t) about this doctored photo of his colleague “BBB”? [New York Post via Gothamist]
* Because monkeys are people too. [AP via Yahoo! News]
* The lesson learned is to move if you live near a dam. (I am amazed at my restraint in the face of such a punnable word, but hey, this is pretty serious.) [New Orleans City Business via Ernie the Attorney]
* Anyone who hasn’t been ripped on in cyberspace is either in a coma or hasn’t come out of his Y2K bomb shelter. I bet these guys would love to be able to claim a cause of action. [Findlaw]

Non-Sequiturs: 11.09.06

* It’s not slander if you call him a balding pervert. Or her an opportunist (and probably a desperate one at that — this is really scratching the bottom of the barrel, honey). [Page Six]
* Quakers like to keep their lawsuits confined to townhouse meetings. If you think you knew this because you saw Witness, you are guilty of lumping together all the religious denominations of rural Pennsylvania, and that’s just wrong. [Point of Law].
* The most obscure Baldwin brother, Daniel Baldwin, steals a car — and then some. (Volokh Conspiracy]
* Mitchell Stein, Esq., is one unhappy dog owner. And if you were him, you wouldn’t want this to happen to your dog, would you? On the other hand, it might stop it from humping your leg. [New York Times]

Morning Docket: 11.07.06

voting election.jpg* Diebold with a vengeance. [MSNBC]
* SLAPP me baby one more time. [WSJ Law Blog]
* Snoops, he did it again. [CNN]
* I smell a red tree vole. [AP via How Appealing]
* Maybe we should get some folks from the Carter Center involved. [CBS News]

Morning Docket: 10.16.06

football.jpeg* The Ninth Circuit has issued an opinion and order upholding a conscience-shocking 159-year sentence it wishes it didn’t have to affirm. Our opinion is saying no, but our order is saying yes, yes, yes! [Los Angeles Times via How Appealing]
* The world of law school rankings used to be so innocent. With all the Big Ten schools in Group 1, it’s like this year’s football rankings. [TaxProf Blog]
* Apparently blogs contain “sexually explicit language, libelous or defamatory commentary, and outrageous language.” ATL apologizes to all affected employees of the Interior Department. [Federal Times via Volokh Conspiracy]
* Hey, just as long as they don’t crack down on fantasy football websites. [Baltimore Business Journal]
* Speaking of which, if there are two things lawyers and law students while away their non-billables doing, they’re reading ATL and managing fantasy football teams. So you might as well get some advice on the latter from the former. It’s the year of the WR, so start looking at picking up a sleeper such as Berrian, Jennings, Johnson, Cotchery, Brown, Furrey, Jurevicius, Clayton 1, Clayton 2 . . .
* Looks like Kelo v. New London is this year’s defense of marriage, paving the way for eminent domain’s debut on 12 state ballots. [Christian Science Monitor]
* From “[t]he state that gave the world butterfly ballots and the hanging chad,” get ready for another front in the battle of the ballot. How about this: “Dear voters, in order to cast your ballot for the Republican candidate, please mark the box beside ‘Pat Buchanan.’” [Reuters]
* Medical marijuana can prevent Alzheimer’s, apparently. “Those afflicted with Alzheimer’s suffer from memory loss, impaired decision-making,” and misinterpreting commerce clause jurisprudence. [CNN]

big mouth.jpgThis news comes as a bummer to anyone who writes for the internet:

A Florida woman has been awarded $11.3 million in a defamation lawsuit against a Louisiana woman who posted messages on the Internet accusing her of being a “crook,” a “con artist” and a “fraud.”

Legal analysts say the Sept. 19 award by a jury in Broward County, Fla. — first reported Friday by the Daily Business Review — represents the largest such judgment over postings on an Internet blog or message board. Lyrissa Lidsky, a University of Florida law professor who specializes in free-speech issues, calls the award “astonishing.”

We agree. Eleven million dollars? You can call us whatever you like for that kind of money.
Granted, the defendant — Carey Bock, a Hurricane Katrine victim who couldn’t afford a lawyer — lost on the issue of liability because she never showed up for trial. But a jury did consider the issue of damages, before deciding to award plaintiff Sue Scheff this staggering sum.
Eleven-point-three million? Most wrongful-death awards that are smaller than that. And it’s not like Scheff is some movie star who can no longer command $10 million a picture because someone called her a child molester on a blog. She’s just a small business owner whose ex-client said some negative things about her on a random website. Jeez.
Jury Awards $11.3M Over Defamatory Internet Posts [USA Today via How Appealing]

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