Actor Frank Sivero sued Fox over his claim that “The Simpsons” character “Louie” was based upon Sivero’s character Frankie Carbone in “Goodfellas.” Sivero’s case was thrown out of court by a California state judge. (See “Fox Gets $250M ‘Simpsons’ Lawsuit From ‘Goodfellas’ Actor Tossed.”) No jury heard his claim. Nor was he defeated by a motion for summary judgment, a traditional pretrial motion to dismiss a claim that should be rejected if there is any triable dispute of fact for a jury to resolve. Instead, Sivero’s claim was dismissed pursuant to an “anti-SLAPP” motion, a powerful procedural device that was originally intended to benefit public interest groups, but has become the courtroom weapon of choice for media companies. read more
Case Evaluation: Critical Factors One Cannot Find in Law Books
My clients are usually entrepreneurs who founded a successful company and then find themselves dealing with their first lawsuit. In the initial intake meeting, clients are focused on explaining the facts of the case, asking what law would apply and evaluating likely results. These are fine and necessary subjects. However, I find it necessary to steer the conversation toward factors that cannot be found in law books, but which I have learned in nearly thirty years trying cases.
Clients conditioned to an “L.A. Law” view of the trial process – the popular 1980’s lawyer show in which new cases were discussed in one episode and tried in the next – want to drive right down to the courthouse be found right or wrong. read more
Clinton Emailgate: Full Disclosure Beats Suppression of Information
The controversy over the emails Hillary Clinton maintained on a personal server while Secretary of State recently obtained new legs with disclosure that fifteen emails produced by Sidney Blumenthal, a former Clinton aide, emails which included Clinton, were not produced by her. (See “State Department Says Hillary Clinton’s Email Disclosure Was Incomplete.”)
The controversy started when documents produced in connection with ongoing investigations concerning the attacks on the American embassy in Benghazi, Libya, reflected an absence of emails from any state department account for Hillary Clinton, but instead emails to and from her personal email account. After discussions between the State Department and Mrs. read more
2 Chainz Likely to Beat Defamation Rap: Defamation Actions can be Problematic
Rapper 2 Chainz was sued in North Carolina court by Christine Chisholm, a woman who claimed she was referred to as a “THOT” (“that ho’ over there”) in a video, posted on YouTube, in which she appeared backstage after a 2 Chainz concert. (See “2 Chainz Sued for Five Million Over ‘THOT’ Video.”) In the video, 2 Chainz asks his rap colleague “Cap 1” “Is this your THOT?” while Ms. Chisholm is waiting in another room, apparently having been invited backstage. She is then invited to approach 2 Chainz, speaks with him for about a minute, at one moment directly speaks into the video camera, and is then asked to leave. read more
Bradley Cooper Snipes at French Tabloid Over Right to Private Life: Scope of Legal Rights to Privacy
Bradley Cooper, star of the hit film “American Sniper,” has filed suit in France against the French tabloid “Oops!” concerning a story about his relationship with supermodel Irina Shayk. The lawsuit alleges that the story, which says that Cooper’s relationship with Shayk is now out in the open, violates his right under French law to a “private life.” Oops! retorted that the story was based upon photos that ran in a Spanish magazine and were available in the U.S. (See “Bradley Cooper — Sacre Bleu, I Must Sue Zee French Magazine … Over Irina Shayk.”)
The French Civil Code provides that “everyone has the right to respect for his or her private life.” read more