Defamation

Andrew Shirvell

[T]here’s no way I could possibly ever pay such a judgment.

Andrew Shirvell, commenting on the $4.5M jury verdict awarded to Chris Armstrong in his stalking and defamation case against the former Michigan assistant attorney general.

(Shirvell has been unemployed since being fired from the state attorney general’s office over his anti-gay online campaign against Armstrong, and he plans to appeal the judgment.)

Morning Docket: 08.17.12

A Shirvell Photoshopportunity?

* “I don’t think I should have to pay anything back, because I wasn’t part of the management that drove the firm into the ground.” Dewey know when it’s time to stop complaining, pay up, shut up, and move on? [DealBook / New York Times]

* Good news, everyone! According to the Citi Midyear Report, based on the first half of 2012, Biglaw firms may have trouble matching last year’s single-digit profit growth. You thought the worst was over? How embarrassing for you. [Am Law Daily]

* Apparently Andrew Shirvell didn’t do a very good job questioning himself on the stand, because the former Michigan AAG now has to shell out $4.5M in damages for defaming Chris Armstrong. [Detroit Free Press]

* Six of one, half a dozen of the other: Barry Bonds’s lawyers filed a reply brief in their appeal of his obstruction conviction, arguing that his statements were truthful but nonresponsive, as opposed to being misleading. [AP]

* “We’re crazy about sex in the United States. I call it ‘sexophrenia.’” The Millionaire Madam’s attorney had a nutty yesterday after a judge refused to dismiss a prostitution charge against his client. [New York Daily News]

* The opposite of a fluffer? Los Angeles officials seeking to enforce the city’s new adult film condom law are beginning a search for medical professionals to inspect porn shoots for compliance. [Los Angeles Times]

* Dewey have some false expectations of success for this partner settlement agreement? Only one in four affected partners have signed on the dotted line, but advisers think the plan will win bankruptcy court approval. [Am Law Daily]

* “There comes a point where the prospects of substantially increasing your income just outweigh everything else.” Even on his $168K salary, this appellate judge wasn’t rich in New York City, so he quit his job. [New York Law Journal]

* The middle class needs lawyers, and unemployed law school graduates need jobs. The solution for both problems seems pretty obvious, but starting a firm still costs money, no matter how “prudent” you are. [National Law Journal]

* “This is a time when law schools are trying to look carefully at their expenses and not add to them.” New York’s new pro bono initiative may come at a cost for law schools, too. [Thomson Reuters News & Insight]

* Much to Great Britain’s dismay, Ecuador has announced that it will grant political asylum to Julian Assange of WikiLeaks fame. Sucks for Ecuador, because Assange is known to not flush the toilet. [New York Times]

* A smooth criminal gets a break: Michael Jackson’s father dropped a wrongful death suit against Dr. Conrad Murray. It probably would’ve been helpful if his attorneys could actually practice in California. [Washington Post]

* Did Lindsay Lohan’s lawyers plagiarize documents from internet websites in their defamation filings against Pitbull? You can deny it all you want, but his lawyer is out for blood and sanctions. [New York Daily News]

Andrew Shirvell

* Andrew Shirvell questioned himself for over an hour today in defense of himself from Chris Armstrong’s defamation lawsuit. I’m telling you, life is so much easier when you don’t care about a person’s sexual orientation. [Detroit Free Press]

* It looks like Boies Schiller somehow filled the spot left by Elizabeth Wurtzel. [Thomson Reuters News and Insight]

* Election Law professor Rick Hasen is disappointed with the Pennsylvania voter ID decision today. [Election Law Blog]

* Grumpy baby boomer blogs angrily about law and life, a.k.a. my future. [Grumpy Baby Boomer]

* How to dress like a female lawyer from a television show. Funny, I didn’t know “breast implants” were a fashion accessory now. [Levo League]

* The Daily Caller dug up an article Michelle Obama wrote about critical race theory while at Harvard. She makes some pretty good points, especially considering the perspective of a young black person trying to deal with Harvard Law School in 1988. But I suspect the context of the article, the theory, the history, the university, and everything else will be missed by most of the readers of the Daily Caller. [Daily Caller]

* Here’s a new social network for law students. [Indiana Lawyer]

* Buy Tyler Coulson’s book (affiliate link), save a dog. You don’t want to kill puppies, do you? [PR Web]

* Lat is on a proposed SXSW panel about haw law firms should (and should not) be using Twitter and other social media. I hope firms don’t listen to him, because it’ll make my job easier. [SXSW PanelPicker]

The threat of getting sued for libel or defamation has always hung over the heads of media professionals, now particularly so in the blogging era. The truth is always the clearest, simplest defense when faced with libel claims. But there are other, less direct avenues one can pursue as a defense, if need be.

A lawsuit recently dismissed against Gizmodo shows off one of the more commonly overlooked ways to bolster a defense against defamation. Let’s just say there’s often a reason bloggers like to include all those hyperlinks…

double red triangle arrows Continue reading “Anal-Retentive Hyperlinking Helps Gizmodo Sidestep Defamation Suit”

Back in April, we wrote about Mark and Rhonda Lesher, a couple in rural Texas who won a massive defamation verdict against formerly anonymous online commenters. The online comments followed a trial during which they were acquitted of sexual assault. The multimillion dollar verdict appeared to set things right.

But it turns out there is much, much more to their story. Theirs is an unsettling tale of small-town justice, politics, and Mark Lesher, a lawyer-slash-“professional agitator,” who tried to do the right thing in a town that apparently wanted none of it.

Let’s start with news that the defamation verdict was overturned last month, and go backwards from there….

double red triangle arrows Continue reading “Don’t Mess With This Texan: He is One Tough Underdog”

You may recall that in July 2011, Craigslist ads started popping up in search of plaintiffs for a possible lawsuit against the second-best law school in all the land, the Thomas M. Cooley Law School. Those ads were posted by David Anziska, one of the leaders of what is now known as the law school litigation movement. Anziska, along with Jesse Strauss, formerly held positions at Kurzon Strauss (now known as Kurzon LLP), a small law firm in New York led by managing partner Jeffrey Kurzon.

Shortly after the ads were posted, Cooley Law fired back with a defamation complaint against the firm, alleging in a school-wide announcement that Team Strauss/Anziska and Kurzon Strauss had been “unethically soliciting former and present Cooley students to join in a class action lawsuit.” One month later, that very class-action lawsuit was filed, and rocked the world of legal education as we know it — calls for reform were made, and career services offices scrambled to clean up their employment statistics.

Perhaps Cooley Law wasn’t as superstitious as it should have been, because now, one year later, the little law firm that could has launched an additional suit against Cooley Law and its dean, Don LeDuc, this time alleging that the law school’s public claims against Kurzon LLP were false and defamatory….

double red triangle arrows Continue reading “Law School Litigation Update: Kurzon LLP Sues Cooley Law School for Defamation”

Nadya Suleman aka Octomom

Back in June, we brought you news of a potential lawsuit against Nadya Suleman, aka Octopussy Octomom, she of the clown car uterus. In an apparent desperate money grab, Suleman entered into a contract with Florida strip club T’s Lounge to perform a topless routine from July 11 to July 14. Unfortunately, she canceled her scheduled appearances after one of the club’s employees allegedly called her “a little crazy” in an interview with a local TV station.

As noted in a prior letter from the attorney for T’s Lounge, the strip joint planned to file suit immediately if Suleman failed to comply with the terms of her performance agreement. And in a filing from July 6 that recently came to light, T’s Lounge did just that, accusing Octomom of performing the ultimate strip tease — apparently she’s scheduled herself to appear at another gentlemen’s club to shake her booty.

Unwilling to accept this, T’s Lounge has asked a Palm Beach County court for an emergency injunction to prevent Suleman from bumping and grinding her post-partum goodies on an alternative greased-up pole….

double red triangle arrows Continue reading “Lawsuit of the Day: Strip Club Seeks Emergency Injunction Over Octomom’s Refusal to Bump ‘N Grind”

* Dewey know how many professional firms have been allowed to stay on as advisers for the largest law firm bankruptcy in U.S. history? Six out of nine firms were permitted to continue services, but Proskauer wasn’t one of them. [Am Law Daily (sub. req.)]

* In other defunct firm news, Al Togut will be presenting Dewey & LeBoeuf’s former partners with a proposed settlement on Wednesday. You’ve been warned: prepare yourselves for some Biglaw-style bitching. [Thomson Reuters News & Insight]

* Despite reports of the billable hour going the way of the dodo bird, it looks like they’re here to stay. Right now, corporate law departments are still much more excited about alternative billing arrangements than law firms. [WSJ Law Blog]

* Judge Sam Sparks, the King of Benchslaps, dismissed Lance Armstrong’s lawsuit against the USADA in record time. That ruling came too quickly — guess it’s time to investigate judicial doping. [New York Times]

* Marc Dreier’s son, Spencer Dreier, is representing himself pro se in a defamation suit against his former college roommate. Looks like Daddy couldn’t spring for his kid’s lawyer while he was in the clink. [Bloomberg]

* A California woman claims that the Food and Drug Administration’s methods regarding sperm donations are unconstitutional. Why should she have to go to an intermediary to get sperminated? [Huffington Post]

* Do you smell what The Rock is cooking? It’s not exactly something to be proud of. Actor Dwayne Johnson is listed as a “co-conspirator” in a $1.8M fraud lawsuit that’s been filed by a South Florida family. [NBC Miami]

Free speech is a complex area legally, but it’s important to recognize that there are distinctions between one’s ability to express an opinion versus one’s ability to use F.C.C.-regulated airwaves to do so, and also one’s ability to engage in speech versus one’s ability to engage in slander.

Georgetown Law graduate Sandra Fluke, in a New York Times Magazine interview this weekend. Fluke was launched into the national spotlight after Rush Limbaugh called her a “slut” for speaking out in favor of affordable contraception.

(An additional excerpt from the interview, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: Do You Really Want To Slide Down That Slope?”

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