May, 2003
Articles in this issue:
What a Shock: Howard Stern Claims He's the Brains Behind Insipid TV Show
Issue: Did ABC engage in unfair competition by misappropriating Howard Stern's trade secrets when it aired the TV show “Are You Hot? The Search for America's Sexiest People?” Case No. BC2922018, Superior Court of California for the County of Los Angeles–Central District
Virginia Legal Matters: Chalk One Up for the Drunk Pool-Table Guy
Issue: Is a preliminary breath test and an expert's testimony based on it admissible in a civil suit?) Santen v. Tuthill, No. 021781, 2003 WL 1903408 (Va. April 17, 2003).
Virginia Legal Matters: Klutz Can't Blame City for Slip and Fall on Crosswalk
Issue: Is the maintenance of a crosswalk a governmental function entitled to sovereign immunity? Harrell v. City of Norfolk, No. 021419, 2003 WL 1903258 (Va. April 17, 2003).
National Legal Matters: Nike Says Defending Sweatshop Accusations Not Commercial Speech, So It Can “Just Do It”
Issue: Are Nike's public relations statements and advertisements concerning sweatshop allegations “commercial speech” subject to California's Unfair Competition Law?) Nike, Inc. v. Kasky, 45 P.3d 243 (Cal. 2002), cert. granted, 71 USLW 3319 (U.S. Jan. 10, 2003) (No. 02-575)
A Note from Ed McPhillips
Did I Say Monthly?
In my March 2003 inaugural newsletter, I haphazardly mentioned that this was going to be a monthly publication. I optimistically (or is that pessimistically?) believed I would have periods of down-time interspersed with interesting research projects. Unfortunately (or is that fortunately?), I have been busy enough so that I have now deemed this newsletter to be forever more a bi-monthly publication.
Oh, Those Wacky Transcripts
Judge: You are charged with habitual drunkenness. Have you anything to say in your defense?
Defendant: Habitual thirstiness?
Knowing that you will be impatient and paralyzed by anticipation during this lengthy period between issues, I'll give you some suggestions on how to pass the seemingly interminable time:
- Reread the last issue every day and repeat to yourself, "I didn't read this yesterday."
- Represent the kookiest client in the nuttiest case and make sure the case is appealed to the highest court so that I will see the opinion concerning your kooky client and his nutty case and feature it in the next issue, or
- Take the last issue from out of the birdcage and put fresh newspaper down until the next issue comes in the mail.
Thanks again to all of my clients who have kept me busy during the first six months.