Tag: Gawker

Mr. Justice, Hulk Hogan

 

 

 

 
 
I know what you’re thinking: that’s crazy. Go ahead and laugh. Not only is the former professional wrestler eligible to sit on the Supreme Court, he is far from the worst possible choice.  Corey Lewandowski is also eligible, and let’s face it: Trump owes him huge.  The Senate is the only thing standing between Trump and the appointment of the guy from Duck Dynasty to the Bench. 
 
The Constitution does not specify qualifications for Justices such as age, education, profession, or native-born citizenship. A Justice does not have to be a lawyer or a law school graduate.– Supreme Court.gov FAQ.
 
It may be true that Hulk would have trouble with the legal analysis of the right of privacy, as falling under the penumbra of rights created by the Ninth Amendment to the Constitution. But who needs that? Hulk can follow the beginner’s prescript: write what you know.  All he has to do is say, “No way, Brother.”   We can look forward eagerly to Hulk’s pithy opinions.
 
Hogan, whose name is Terry Bollea, holds a judgment of $140 million against Gawker Entertainment for posting a sex movie of him and Heather Clem, ex-wife of Bubba the Love Sponge. Gawker is fighting the judgment.  If the case ever reaches the High Court, Hulk no doubt would recuse himself. 
 
This can only happen if Trump and the GOP run the table this fall. Trump and especially the Senate may take some heat for allowing a retired wrestler to be seated for life.  A filibuster-proof majority sure can ease the sting.
 
Hulk might be the best of the lot.  Trump has a long list of unemployed celebrity endorsers, and they can’t all be Ambassadors.  Gary Busey, for instance, hasn’t gotten much work lately.  His appointment would make oral arguments more lively.  Charlie Sheen’s presence in case conferences would change the Court’s internal dynamics. I assume RBG will not be attending the opera with him.  Trump is deeply indebted to Sarah Palin, and she would be a popular pick. But how will she know when to step down halfway through a lifetime appointment? 
 
Considering the possibilities, Trump’s appointment of his sister, Senior Circuit Judge Maryanne Barry, would give Nepotism a good name.

The New Sport of Kings: Casino Litigation Pt. 1

Until recently casino litigation meant law suits involving actual casinos.   No more.   Thanks to Peter Theil, the Paypal founder backing a law suit against Gawker media seeking vengeance, casino litigation now means  some fat cat fueling litigation for profit or private purposes.
It’s spurious for a lot of reasons, most directly that litigation is not particularly a game of chance, and the investors are not suckers holding cards that were dealt from the bottom.

Third-party financing of litigation isn’t new,  The most basic case, a personal injury case, is funded on one side by the plaintiff’s attorney’s line of credit  and sometimes a litigation funding firm and on the other side by an insurance company.  Not the same?  What about issues-based non-profit organizations funding lawsuits to test principles?  Flag-burning, integration, school prayer, women’s reproductive rights, etc.  Some even are test cases, situations designed for litigation to test the principle. No disrespect to the plutocrat who funded the law suit against the well-healed dot-com, but the only thing new about this case is the personal nature of the animus that fueled it.

If you’ve visited a state courthouse recently and witnessed the under-staffing, slowness and dilapidated conditions, you can safely conclude that if this is the era of casino litigation, the odds are against the courts.  Litigation has become an over-used tool of retribution, and the state court systems are not given the resources to keep pace with the case load.  For those cases that are truly casino litigation, shouldn’t the house at least get a piece of the action?  That’s the way it works in Vegas.

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