Thursday, May 8, 2008 10:57 AM - By Marc Edelman
Professional athletes are keeping a close eye on Lindsay Lohan this week, and probably not for the reason you might think.
Last Friday, the American Beverage Institute (“ABI”), a trade group that supports interests of the alcohol industry, took out an advertisement in USA Today, opposing the mandatory use of ignition interlocks (i.e., breathalyzers) in cars of first-time DWI offenders. The advertisement states “Ignition interlocks, A good idea for,” followed by a mug shot of Lindsay Lohan, “But a bad idea for us.”
ABI Managing Director Sarah Longwell recently told MTV.com that she believes Lohan’s mug shot is fair game because it is already in the public domain. Although it is not clear that Longwell's view is correct, the ABI has already indicated plans "to extend its mugshots campaign to other celebrities." This also could open the door for other organizations to begin using athlete and entertainer mug shots in all kinds of weird ways.
Lohan recently consulted her lawyer, expressing an interest in suing ABI to stop these ads. Although she probably does not have a claim under the Lanham Act, she may have a better argument that the ABI violated her state-law publicity rights. If Lohan ultimately files suit, athletes and entertainers will have their fingers crossed for her victory.
How does the legal landscape look for LiLo? Read more, after the jump.
Continue reading "Sports and the Law: Fate of Athletes' and Entertainers' Publicity Rights May Lie With LiLo"
Wednesday, August 15, 2007 9:30 AM - By B Clerker
* Vick counsel divided over plea. [CBS 46]
* Crooked NBA ref may also plead. [SportsLine.com; SI.com]
* Rutgers player sues Imus for defamation. [MSNBC]
* While passenger sues Lohan in alleged angry car chase. [CNN]
* Interesting article on "De-Criminalizing Mental Illness" in courts, legislature, and streets. [Time]
Tuesday, July 24, 2007 10:15 AM - By David Lat
Oh goodness. And you thought Paris Hilton was troubled. From the AP:
Lindsay Lohan, who just finished a second stint in rehab for substance abuse treatment, was arrested on suspicion of drunken driving early Tuesday, authorities said.Lohan, who is already facing a drunken driving charge in Beverly Hills, was pulled over near the Santa Monica Police Department after authorities spotted her car chasing another vehicle.....
Authorities conducted a field sobriety test and then transported Lohan to the police department. The 21-year-old actress was booked on suspicion of driving under the influence of alcohol, driving on a suspended license and possession of cocaine, among other charges, [Sgt. Shane] Talbot said.
Police found cocaine in one of her pants pockets during a pre-booking search, Talbot said.
Summer associates can get pretty wild, especially after they've had a few drinks. But Lolita ain't got nothing on LiLo.
Law-and-economics types will appreciate this analysis, from Perez Hilton:
This could ruin Lindsay’s career! NO ONE is going to want to work with her now. And IF they do hire her, Lohan will most likely be forced to pay for her own insurance on films, which will be VERY COSTLY.
See, the market IS efficient! Even the market in alcoholic, coke-addicted young strumpets.
Lohan in Car Chase [TMZ.com]
It Was Cocaine!!!!!! [PerezHilton.com]
Lohan Booked on Suspicion of DUI [Associated Press]
Lindsay Lohan Arrested for DUI, Again [ABC7.com via Drudge Report]
Thursday, May 31, 2007 9:53 AM - By David Lat
Time for some celebrity DWI news. It's like your morning coffee: you can't get your day started without it.
First, troubled underage starlet Lindsay Lohan (near right) -- who is back in rehab, after a drunk driving arrest over the Memorial Day weekend -- allegedly suffers from OxyContin addiction, according to her estranged dad, Michael Lohan.
On the one hand, Lohan's felonious father may not be the most reliable source. But on the other hand, we're talking about Lindsay Lohan.
Second, an update on someone whose misadventures we have followed quite closely in these pages: Ann Banaszewski (far right), daughter of Justice Antonin Scalia (far right). From the Chicago Tribune:
A daughter of U.S. Supreme Court Justice Antonin Scalia pleaded guilty Wednesday to drunken driving in Wheaton in February....Banaszewski accepted a plea agreement with prosecutors and was sentenced by DuPage County Judge Daniel Guerin to 18 months of court supervision. She also was ordered to perform 140 hours of public service (of which 40 hours must be beneficial to children), attend counseling and treatment sessions, attend a victim-impact panel and pay $1,500 in fines and fees.
Will his daughter's brush with the law turn the crustily conservative Nino into a bleeding heart for criminal defendants? Stay tuned.
(Yes, we know -- Justice Scalia has handed down numerous rulings favorable to criminal defendants. E.g., Blakely v. Washington; Crawford v. Washington. But he's far from the most pro-defendant member of the Court.)
Lohan's Dad: Lindsay Hooked on OxyContin [Associated Press]
Justice's daughter pleads guilty to DUI [Chicago Tribune]
Scalia's daughter pleads guilty to drunken driving [Journal-Gazette / Times-Courier]
Earlier: Prior ATL coverage of Ann Banaszewski (scroll down)
Wednesday, March 14, 2007 5:22 PM - By Stella Q
* “I even got out of community service, suckers!” [AP via HuffPo]
* And somewhere, a torts professor is drafting his “false imprisonment” hypo for upcoming final exams. [Detroit Free Press]
* This is the problem with straight fashion designers. (Serious Note: Sexual violence is one of the few things I NEVER make light of, but I personally see this as a classic he-said/she-said, with a little statutory, which I consider -- rightly or wrongly -- malum prohibitum, thrown in for good measure.) [Yahoo! News]
* Train wrecks, on the other hand, are free-for-all’s: Lindsay Lohan’s dad is now a free man, and in the past, he’s been such an inspiration in helping her to lay off drugs and to cope with familial dysfunction that there’s no telling what he’s capable of as a redeemed man. [The Showbuzz]
Friday, December 8, 2006 8:04 AM - By David Lat
One of our favorite cultural critics, the super-opinionated and hilarious Camille Paglia, recently weighed in on the trend of female celebrities "flashing their goodies for the camera," in the words of US Weekly. Despite her general "pro-sex" bent, Paglia disapproves of the practice:
These girls are lowering themselves to the level of backstreet floozies. It angers me because I fought a bitter fight to get feminism back on track and be pro-sex at the same time. This is degrading the entire pro-sex wing of feminism.I am completely appalled by what these young women are doing because I think that they are cheapening their own image and obliterating all sexual mystery and glamour, which are the heart of the star system.
This led us to wonder: What would Camille Paglia have to say about Judge Pamela Ann Rymer taking the bench back in October with a partly open robe?
Does it still preserve "[judicial] mystery and glamour"? Or does it go too far, a la Britney Spears and Lindsay Lohan?
CrotchGate Part II: Camille Paglia says Madonna Gave Britney the "Kiss of Death" [US Weekly Online]
Earlier: The Eyes of the Law: A Visit to the Ninth Circuit
Tuesday, October 17, 2006 9:42 AM - By David Lat
Last Friday, at the Annual American Cinematheque Awards ceremony (honoring George Clooney), scandal-prone starlet Linday Lohan was slapped with a subpoena. And it happened on the red carpet.
Was Lindsay being haled into court for her hideous keyhole-front halter gown, made of restored 14th-century chain mail, and trimmed with packaging twine? Actually, no.
Lindsay was being served with a subpoena to appear as a witness in a case involving her mother, Dina Lohan, who is being sued for breach of contract by two music producers and managers. TMZ.com reports:
It all started after the actress was approached by a woman who Lindsay assumed was an autograph seeker on her way out of the event. Lindsay said to the woman "You're my first autograph!" to which the woman promptly answered "You've been served." According to witnesses, Lindsay then dropped the paperwork and chased after the process server. No word on whether she caught up to the process server.
We're wondering two things. First, what kind of shoes was Lindsay wearing? Second, why did she run after the process server? Was she hoping to return the subpoena to her?
If so, it was misguided thinking on Lindsay's part. Service of process is governed by the same rule as the second-grade playground: "No backsies."
P.S. As you can see from the photo, Lindsay Lohan is just like a Biglaw attorney -- she never leaves home without her Blackberry. [Ed. note: Or is that a Treo? See the comments. We haven't had a Blackberry in years (which is both a good and bad thing).]
Lindsay: You Got Served [TMZ.com]
Lindsay Gets Served! A Shocking Red Carpet Summons!!! [PerezHilton.com]
Lindsay Lohan Served With a Subpoena — On the Red Carpet! [WSJ Law Blog]