I Could Really Use Some Tort Reform
Joe Escalante ·
Jul 22, 2010 at 2:39am
I've been in a cave working on this video that explains the insane, frivolous, and scandalous lawsuit I'm fighting against The Daily Variety right now. I'll be on Redeye with Greg Gutfeld on Friday and I might get a chance to talk about it some. Please enjoy:
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Re: I Could Really Use Some Tort Reform
Joe, that's awful, despicable, depressing, infuriating. I'll write. Good luck.
May '10
Re: I Could Really Use Some Tort Reform
Joe, as presented, this is a breathtaking revelation. Where does one go for justice of the type promised by:
Is there any redeeming value to Variety's case? The video humping the abuse done to the Vandals gives no indication of Variety's position being anything other than evil incarnate. :-)
Jun '10
Re: I Could Really Use Some Tort Reform
This is certainly contemptible behavior on the part of Variety. We Americans should hold justice as sacred as holy writ. I mean that in all seriousness because I believe that certain things we do on earth resonate with God. The justice of men, by men, and for men is a prerogative handed down to us by the Lord. We will someday each of us face cosmic justice. In the meantime, we should endeavor to be righteous as we go about our mundane lives. Sorry to get preachy and all first thing in the morning, but that's the way my mind rolls sometimes.
Re: I Could Really Use Some Tort Reform
Joe, I didn't realize you'd posted a video; here in Turkey it just looks like a blank space. To judge from the comments, I probably shouldn't have assured you that you shouldn't complain before knowing exactly what you were complaining about.
Could you post the URL? I'll run it through a proxy browser.
Jun '10
Re: I Could Really Use Some Tort Reform
Q: How do you save a drowning lawyer?
A: Let go of his head.
Q: What’s wrong with telling lawyer jokes?
A: Lawyers don’t think they’re funny, and nobody else thinks they’re jokes.
Re: I Could Really Use Some Tort Reform
Everyone hates lawyers until they need one.
Yes. Yes I am.
Joe I notice in the vid the band is representing itself? Could be the problem right there.
In my practice I find in Court as in Boxing the best defense is a counter-punch. You cite Rule 11 in the video. I hope you are using it in Court, too, and not just in the video.
Jun '10
Re: I Could Really Use Some Tort Reform
I need to chime in again because this thread is not getting the respect it deserves. Joe's problem is indicative of a larger and more disturbing trend. What happens when ruling elites get control of the law and begin to use it as a whip across the backs of the citizenry? I think this is precisely what the Holder DOJ intends to do if left unchecked. I will again recommend to you the Codevilla essay. Think about the culture war in terms of a republic against a usurping oligarchy. Joe is getting the lash. It won't be long before the rest feel it too.
Re: I Could Really Use Some Tort Reform
Joe, you need a lawyer. This calls for one of those nasty big-league legal aces at Hammerhead, Finn and Whitecircle, Esq.: the kind of guy who will know seventy different ways to counter-sue them for harassment, legal malpractice, defamation, emotional damages, mental anguish, hedonic loss, loss of future income capacity, loss of consortium, lost opportunity, loss of reputation, impairment of mental capacity, breach of oral contract, discrimination under the Americans with Disabilities Act--whatever it is, you're suing back and ten times harder. You need to threaten them with a class-action suit and make it clear they're going to spend 5,000 billable hours just dealing with the discovery motions. They're harassing you because they can: Make it clear it is going to cost them way more than it's worth.
I wonder if someone would take it on a contingency basis? Seriously, listen to Justified Right. Get a lawyer.
Re: I Could Really Use Some Tort Reform
Thanks, Claire. Here's the URL: http://www.youtube.com/watch?v=Q8GKrHSSWvs&feature=youtube_gdata
Re: I Could Really Use Some Tort Reform
Here's Variety's position: "the law demands that we vigorously defend our marks so that they don't fall into the public domain."
But forcing the Fair Use and free speech discussions into an expensive courtroom arena is unethical and can be the basis for sanctions against the firm Fulbright & Jaworski and Variety.
Courts have recently held that plaintiffs must consider Fair Use before trying to ruin someone. As for representing ourselves, it's the only way. The only Delaware attorney we found that could file the motion to transfer wanted $20,000 on escrow plus $520 per hour, paid monthly not charged against $ in escrow. AND, self representation frustrates the plaintiff because they are playing an old gentleman's game. They have targeted us for ruin like a kidnapper targets a family. It is expected we play along with the rules.
We hire a gentleman attorney and after a civil discussion, he arrives at a number that will be roughly equal to what we would have to pay our gentleman attorney as a retainer to begin litigation. Then we settle, like gentlemen. Well forget it. We tried that 6 years ago and look where it got us.
Re: I Could Really Use Some Tort Reform
You know, despite my complaints about the Turkish legal system, in such cases there is something tempting and elegant about the Turkish solution--which would be, as one attorney put it to me, to "take them to the sea."
Jul '10
Re: I Could Really Use Some Tort Reform
Claire can't watch YouTube, it's banned in Turkey. You'll have to burn it to DVD and smuggle it by mini-sub across the Bosporus.
As for Daily Variety: Mess with the Vandals, and you mess with all of us. >:(
I'll write to that Gray chracter, but is there a Defense Fund we can contribute to? Or better yet, a benefit album we can buy?
By the way, I checked my copy of "Hollywood Potato Chip", and, sure enough, original logo. Cold. Dead. Hands.
May '10
Re: I Could Really Use Some Tort Reform
Sorry to hear it, Joe.
It is very sad that extortion is legal via lawsuits in the U.S. And I don't see that changing, since it's such a big industry that's favored by both political parties. But it's always good to push for justice, regardless.
I suggest adding a PayPal Donations button on your website to help with legal fees. You'd be surprised how many people are willing to donate to strangers via the internet when the cause is good. I've witnessed it before.
Your real power might be more in public pressure. I don't follow punk rock, generally, but even I had heard of The Vandals. You can write songs. You undoubtedly know other musicians who share a loathing of frivolous lawsuits. Metallica's "And Justice For All" is such a criticism ("seeking no truth / winning is all") -- a popular song. And I'm sure you know journalists from interviews and such. It might only provoke Variety unless enough people join in, but maybe it's worth a shot.
May '10
Re: I Could Really Use Some Tort Reform
Joe, this is an amazing story.
(Also, when you get a chance, look over your video for proofreading purposes. I know you needed to get it out but I'm going to stick it on my blog and pray for a little viral video action and a little clean-up can't hurt, right?. Good music is hard enough to come by these days...)