We previously discussed the bizarre lawsuit by Andrew Rector, 26, who sued ESPN, the Yankees, Major League Baseball, and announcers Dan Shulman and John Kruk are being sued by Andrew Rector, 26, for defamation after the network showed him asleep at the New York Yankees-Boston Red Sox game and joked about his being “oblivious” to the game. While Rector says that the commentators called him “stupor, fatty, unintelligent, stupid,” those insults are not heard on the videotape below from the telecast. Rector sued for $10 million in a complaint that I earlier criticized. The lawsuit has now been dismissed by Bronx Supreme Court Justice Julia Rodriguez, but Rector’s lawyer says that she sees a solid basis for appeal — though I fail to see such a basis. Indeed, given the condition of the original complaint, some judges might have awarded sanctions with the dismissal.
I would give mightily to be present when this insurance claim is filed. A man in Maine lost his pick up truck in an accident in a lake. He does have a defense against a claim of reckless driving: the dog did it.
Last week, Qatar’s Sheik Khalid bin Hamad Al-Thani first took a dangerous high-speed race through the streets of Beverly Hills and then allegedly told a reporter that he could kill him given his diplomatic immunity (which he didn’t have) . . . . and then fled the country in contempt of U.S. laws. Now, a Saudi prince has been arrested at a hillside compound near Beverly Hills after allegedly trying to force a worker to perform a sex act on him. Saudi prince Majed Abdulaziz Al-Saud was arrested on suspicion of forced oral copulation of an adult. The arrest followed the reported sighting of a woman covered in blood trying to escape the compound by climbing an eight-foot wall. He is now accused of sexually abusing and beating at least three women during a three-day party in his $37 million Beverly Hills home.
We discussed this week the case of two Texas teenage football players who viciously attacked a ref under orders from one of the coaches. The shocking incident was captured on videotape. Now an eighteen-year-old Linden High School (NJ) football player is on videotape (below) pulling off the helmet of an opponent’s helmet and then hitting him in the head with it. After an outcry, supporters insisted that the opposing player had used a racial slur and cheated. Once again, however, (as with the same allegation in Texas) a physical assault is not a justified response to either alleged act.
There is a new development in the controversy over two Texas High School players, Sophomore Victor Rojas, 15, and senior Michael Moreno, 17, who tackled a referee during a game earlier this month. The players said earlier that they were following the orders of John Jay High School assistant football coach Mack Breed. Now, there is a report that Breed admitted to giving such an order. Beyond the disciplinary issues, that also raises some interesting criminal and tort issues. Update: Breed has now been fired.
There is a tragic but interesting criminal case set for trial in San Francisco involving a tenants rights attorney and a claim of self-defense during a robbery. Eviction Defense Collaborative staff attorney Carlos Argueta, 31, and former intern (and Swiss native who lives in London) Pascal Krummenacher, 21, are charged with murder after they alleged were robbed outside a bar where they were celebrating the end of Krummenacher’s internship. Argueta is accused of stabbing to death James Thomas, 61. There is a videotape in the case reviewed by the Examiner.
By Darren Smith, Weekend Contributor
The Internet Order company, known for its product “The Pimsleur Approach” language software sold online, has agreed to pay a one million dollar fine to settle charges by the Washington Attorney General who alleges the company violated consumer protection laws by engaging in what is referred to as a Negative Option Trap.
Negative option billing, is the business practice of automatically billing a consenting consumer for products or services of which the consumer must pay or cancel in advance of delivery. Washington State law treats deceptive Negative Option Billing as a violation of the consumer protection act and also considers unsolicited goods delivered to a consumer to be gifts and the recipient has no obligation to pay.
The investigation began after an advertisement program offering to sell consumers a language instructional CDs for the introductory price of $9.95. Consumers complained that afterward they were unexpectedly billed for additional language CDs every sixty days for in some cases reportedly $64.00 each.