Comments on: Rob Lowe and Wife Sues Former Nanny for Defamation http://jonathanturley.org/2008/04/08/rob-lowe-and-wife-sues-former-nanny-for-defamation/ Res ipsa loquitur ("The thing itself speaks") Wed, 08 Oct 2008 08:16:14 +0000 http://wordpress.org/?v=MU hourly 1 By: So Much For a Spoon Full of Sugar: Nanny Accuses Rob Lowe of Sexual Misconduct « JONATHAN TURLEY http://jonathanturley.org/2008/04/08/rob-lowe-and-wife-sues-former-nanny-for-defamation/#comment-11395 So Much For a Spoon Full of Sugar: Nanny Accuses Rob Lowe of Sexual Misconduct « JONATHAN TURLEY Wed, 16 Apr 2008 14:34:11 +0000 http://jonathanturley.wordpress.com/?p=1481#comment-11395 [...] discussed earlier, here, Lowe sued his nanny and two others in what appears a preemptive lawsuit. He claims that Gibson and [...] [...] discussed earlier, here, Lowe sued his nanny and two others in what appears a preemptive lawsuit. He claims that Gibson and [...]

]]> By: Susan http://jonathanturley.org/2008/04/08/rob-lowe-and-wife-sues-former-nanny-for-defamation/#comment-11106 Susan Sun, 13 Apr 2008 05:02:10 +0000 http://jonathanturley.wordpress.com/?p=1481#comment-11106 This suit reminds me of that ridiculous suit filed by a judge against a mom-and-pop cleaners for an insane amount ($50 million or more, I think?) over a pair of lost PANTS. I couldn't believe a judge could actually be that stupid. Thank goodness another judge had the common sense to dismiss it. This one may go the same way. This suit reminds me of that ridiculous suit filed by a judge against a mom-and-pop cleaners for an insane amount ($50 million or more, I think?) over a pair of lost PANTS. I couldn’t believe a judge could actually be that stupid. Thank goodness another judge had the common sense to dismiss it. This one may go the same way.

]]> By: mespo727272 http://jonathanturley.org/2008/04/08/rob-lowe-and-wife-sues-former-nanny-for-defamation/#comment-11101 mespo727272 Sun, 13 Apr 2008 04:32:00 +0000 http://jonathanturley.wordpress.com/?p=1481#comment-11101 For a little recreation, I strolled through the Complaint filed by Rob Lowe et ux against that "deep pocket" nanny of theirs. I see nothing to justify a million or so in damages for defamation, breach of loyalty, infliction of emotional distress (both varieties)or breaches of the duties of loyalty or confidentiality. There are no facts plead (but lots of nice commentary on the times and the sad circumstances of celebrities whose privacy is constantly being invaded. Query: why did they want to be celebrities then in the first place? No matter.) In Virginia, the pleading would be decidedly demurrable for plenty of reasons, not the least of which is that there is no recitation of the actual defamatory words spoken. A long time ago, a wise Judge called me into chambers when I had occasion to defend a mom and pop gas station against a Fortune 100 oil company that supplied the gas along with it's company trade dress and promotional displays for the pumps and the convenience store. The mom & pop had not removed the signage and stickers fast enough and owed about $25,000.00 to the distributor. The claim was for the $25,000.00, injunctive relief, plus one million in compensatory and punitive damages that my client could never pay. The Judge had read the pleadings and asked about the suit. After an absolutely perfect recitation of the contract, the facts, and the applicable law by the counsel for the oil company, the Judge turned to me and asked me what sort of defense I planned. I told him quite simply that I was planning to remove the signs, work out a payment plan on the overdue balance, and trust in the jury to excuse the rest. The Judge looked back at plaintiff's counsel and said "when the elephant sues the gnat, the gnat usually gets the jury -- and sometimes the judge." We settled that case the next day. Maybe I should write Rob Lowe. For a little recreation, I strolled through the Complaint filed by Rob Lowe et ux against that “deep pocket” nanny of theirs. I see nothing to justify a million or so in damages for defamation, breach of loyalty, infliction of emotional distress (both varieties)or breaches of the duties of loyalty or confidentiality. There are no facts plead (but lots of nice commentary on the times and the sad circumstances of celebrities whose privacy is constantly being invaded. Query: why did they want to be celebrities then in the first place? No matter.) In Virginia, the pleading would be decidedly demurrable for plenty of reasons, not the least of which is that there is no recitation of the actual defamatory words spoken.

A long time ago, a wise Judge called me into chambers when I had occasion to defend a mom and pop gas station against a Fortune 100 oil company that supplied the gas along with it’s company trade dress and promotional displays for the pumps and the convenience store. The mom & pop had not removed the signage and stickers fast enough and owed about $25,000.00 to the distributor. The claim was for the $25,000.00, injunctive relief, plus one million in compensatory and punitive damages that my client could never pay. The Judge had read the pleadings and asked about the suit. After an absolutely perfect recitation of the contract, the facts, and the applicable law by the counsel for the oil company, the Judge turned to me and asked me what sort of defense I planned. I told him quite simply that I was planning to remove the signs, work out a payment plan on the overdue balance, and trust in the jury to excuse the rest. The Judge looked back at plaintiff’s counsel and said “when the elephant sues the gnat, the gnat usually gets the jury — and sometimes the judge.” We settled that case the next day.

Maybe I should write Rob Lowe.

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