Author Topic: Hot Chicks with Douchebags: The Book: The Lawsuit  (Read 3556 times)

yesno

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Hot Chicks with Douchebags: The Book: The Lawsuit
« on: November 19, 2008, 02:50:52 PM »
Alleged "Douchebag" Sues Author

http://www.thesmokinggun.com/archive/years/2008/1118082douche1.html

I'm torn on this.  On the one hand, the guy does seem to be a douchebag, so he should lose.  On the other hand, making a book out of a website is stupid.*

* Except for the "Judging Presidents Based Solely on their Portraits" thread.

samir

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Re: Hot Chicks with Douchebags: The Book: The Lawsuit
« Reply #1 on: November 19, 2008, 03:18:32 PM »
was there actual malice? i'm studying defamation in media law RIGHT NOW.
"Son, there's a thin line between crazed and rabid"


tenspeed

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Re: Hot Chicks with Douchebags: The Book: The Lawsuit
« Reply #2 on: November 19, 2008, 03:21:25 PM »
Did you read the lawsuit by the 3 girls also featured against their will?

Quote:  

"Plaintiff, Paulina Pakos was dating a person who broke up with her as a result of Plaintiff's appearance in the book.  Ms. Pakos' nephews, who are 7 and 5 years old, who have become aware of the book, question why Plaintiff is in it.  Plaintiff's personal life has been affected adversely....Defendant, LOUIS calls girls with tattoos, "tramp stamps" and says it is the first sign of "douchebaguette infection".'



A)  I think I found my calling.  Samir, can I join law school just so I can write these briefs?  Is that what they're called, "briefs?"

B)  I can't help but imagine her 5 year old nephew's reaction, "Aunt Paulina, how could you?" as he slams the hardback down.  






yesno

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Re: Hot Chicks with Douchebags: The Book: The Lawsuit
« Reply #3 on: November 19, 2008, 03:44:08 PM »
Thems are called "complaints."

Malice or no, isn't truth an absolute defense in the US?  Give me a piece of chalk and a blackboard and I think I can factually prove that that guy is a douchebag.

Maybe a state law right of publicity claim?

Andy

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Re: Hot Chicks with Douchebags: The Book: The Lawsuit
« Reply #4 on: November 19, 2008, 05:27:15 PM »
I think law would be fun if you didn't have to deal with the types of people who are typically drawn to law as a profession.
Breakfast- I'm havin' a time
Wheelies- I'm havin' a time
Headlocks- I'm havin' a time
Drunk Tank- not so much a time
George St.- I'm havin' a time
Brenda- I'm havin' a time
Bingo- I'm havin' a time
House Arrest- I'm still havin' a time

ericluxury

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Re: Hot Chicks with Douchebags: The Book: The Lawsuit
« Reply #5 on: November 19, 2008, 05:42:57 PM »
I believe that the hours are very long also.

Andy

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Re: Hot Chicks with Douchebags: The Book: The Lawsuit
« Reply #6 on: November 19, 2008, 05:45:53 PM »
I was at work at 5 AM and I'll be getting home at 9:40 tonight.  My usual schedule is 5am to 5pm minimum.

so, I've got that going for me.
Breakfast- I'm havin' a time
Wheelies- I'm havin' a time
Headlocks- I'm havin' a time
Drunk Tank- not so much a time
George St.- I'm havin' a time
Brenda- I'm havin' a time
Bingo- I'm havin' a time
House Arrest- I'm still havin' a time

samir

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Re: Hot Chicks with Douchebags: The Book: The Lawsuit
« Reply #7 on: November 20, 2008, 08:42:50 AM »
Here's what my Media Law prof had to say about this. She quite literally (co-)wrote the book on this sort of thing.

Quote
For a defamation action, he'd have to contend it lowered his reputation in a way that cast moral opprobrium his way.  What exactly is the implied meaning of douchbag?  Identification isn't a problem if some readers would recognize him.  Maybe the label of "douchebag" can't be construed as actual facts about someone (like parody, hyperbole, etc.) and is opinion, or maybe it isn't defamatory because it is mere name-calling.  And is it opinion because it isn't provably false?  Don't know the answer to that one, because I don't really knows what it means.

The girls are probably trying false light action based on the implication they cooperated with book publishers.   As we'll see, that is a hard row to hoe too.

Probably private figures.  Not clear whether of public or private concern, given the limited guidance in D&B.  Could be private though.
"Son, there's a thin line between crazed and rabid"


Andy

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Re: Hot Chicks with Douchebags: The Book: The Lawsuit
« Reply #8 on: November 20, 2008, 01:59:34 PM »
I'm assuming this is a civil case, not criminal.  Couldn't he sue for undue hardship or pain and suffering or something and hope to appeal to "company making a profit at the expense of an individual" thing?  Also, what are the chances that the publisher settles for some undisclosed amount and the guy is just hoping for a minor windfall that he splits with his lawyer who's working on contingency basis because the publisher doesn't want to incur the legal fees?

I know nothing about law and honestly didn't go to the smoking gun website to even look at the case, but both seem somewhat feasible. 
Breakfast- I'm havin' a time
Wheelies- I'm havin' a time
Headlocks- I'm havin' a time
Drunk Tank- not so much a time
George St.- I'm havin' a time
Brenda- I'm havin' a time
Bingo- I'm havin' a time
House Arrest- I'm still havin' a time

yesno

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Re: Hot Chicks with Douchebags: The Book: The Lawsuit
« Reply #9 on: November 20, 2008, 02:26:41 PM »
Settlement is always possible given how expensive trials are.

To have a tort claim against someone there needs to be a specific duty you have violated.  There is no duty not to make fun of people.  It gets pretty nuanced but you don't get to sue someone just because they've hurt your feelings or even caused you economic loss without the breach of some legally recognized duty.

There is a kind of catchall of "intentional infliction of emotional distress" but because it's seen as an end run around traditional practice and because it encourages frivolous claims, the conduct in question has to be really, really, really, bad.  Like dog rape.

Shaggy 2 Grote

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Re: Hot Chicks with Douchebags: The Book: The Lawsuit
« Reply #10 on: November 20, 2008, 05:34:36 PM »
Wait, dog rape is bad now?
Oh, good heavens. I didnít realize. I send my condolences out to the rest of the OíConnor family.

yesno

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Re: Hot Chicks with Douchebags: The Book: The Lawsuit
« Reply #11 on: November 20, 2008, 06:12:50 PM »
Wait, dog rape is bad now?

Not under Brooklyn law, so you're safe.