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Erin Andrews awarded $55 million

Optimist13

All-American
Jan 13, 2006
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51% of that against the stalker and 49%
against the hotel entities.

When the attorney(s) for the hotel
was asked whether there would be
an appeal, he said he didn't know?

Some of the jurors were seen hugging
Ms. Andrews after the verdict and one
juror got her autograph.

Some schlub who gets hit by a drunken
motorist and suffers $200K in medical bills
and $50K in lost wages who goes before
the next jury probably gets awarded $100K.

My conclusion is that the legal system is
the big jackpot lottery for some people.
 
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I'm still processing what this means, but I won't deny it's probably an example of why people hate lawyers.

Don't get me wrong; Andrews was definitely injured, and deserves damages. But this is pretty hard to fathom for most "normal" people who couldn't possibly imagine nudity being worth this much money.
 
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One of the jurors stated that the jury
was trying to send a message to the
hotel industry. I'd say that was
accomplished.

Before anyone asks, her claim
against Marriott International
was dismissed by the trial judge
in Nashville.

Ms. Andrews also has another claim
(lawsuit) for an alleged incident
with the same stalker at a Columbus
Ohio area hotel but saw no mention
of the hotel's name.
 
I'm still processing what this means, but I won't deny it's probably an example of why people hate lawyers.

Don't get me wrong; Andrews was definitely injured, and deserves damages. But this is pretty hard to fathom for most "normal" people who couldn't possibly imagine nudity being worth this much money.
It's about the damage to her career,The award is what she probably lost in earnings for 5 years.
 
It's about the damage to her career,The award is what she probably lost in earnings for 5 years.

Ummmm, no. She's been working since it happened. She's with Fox Sports right now. I'm pretty sure she didn't make $11M a year.
 
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Ummmm, no. She's been working since it happened. She's with Fox Sports right now. I'm pretty sure she didn't make $11M a year.
And don't forget the money she had to pay the Blood Sucking Lawyers that charge 10 people for the same hour!
 
It definitely didn't hurt her career at all and the publicity from the trial will only help her.

I think the amount awarded was definitely way too generous, considering people who ended up dying may only get $5-10 million. She did deserve to win the suit against the stalker for sure. I wasn't paying attention enough to judge on how much the hotel should be at fault.

It will be interesting to see how the Hulk Hogan/Gawker trial plays out in comparison.
 
I was referencing her product endorsements and speaking appearances

Highly unlikely. I can't imagine any sportscaster getting $11M a year in endorsements. I can't imagine any sportscaster getting half that. Plus she has Reebok endorsements and was hired by Dancing with the Stars. Professionally she's doing just fine.
 
It definitely didn't hurt her career at all and the publicity from the trial will only help her.

I think the amount awarded was definitely way too generous, considering people who ended up dying may only get $5-10 million. She did deserve to win the suit against the stalker for sure. I wasn't paying attention enough to judge on how much the hotel should be at fault.

It will be interesting to see how the Hulk Hogan/Gawker trial plays out in comparison.
Well she'll probably never see the money from the stalker which is more than half of that $55M. He's not going to have that scratch available. So she'll get the Marriott share and that's about it.
 
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One of the jurors stated that the jury
was trying to send a message to the
hotel industry. I'd say that was
accomplished.

Before anyone asks, her claim
against Marriott International
was dismissed by the trial judge
in Nashville.

Ms. Andrews also has another claim
(lawsuit) for an alleged incident
with the same stalker at a Columbus
Ohio area hotel but saw no mention
of the hotel's name.

So Marriott shouldn't be held accountable for providing the means for the peeping tom to access Ms. Andrews?

Marriott is about to ruin Starwood, so I'm biased and happy to see the Company be forced to cough up some dough.
 
So Marriott shouldn't be held accountable for providing the means for the peeping tom to access Ms. Andrews?

Marriott is about to ruin Starwood, so I'm biased and happy to see the Company be forced to cough up some dough.

Marriott isn't responsible

The judgment is against the franchisee and management company.
 
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I'm still processing what this means, but I won't deny it's probably an example of why people hate lawyers.
Let's keep it simple. Lawyers are hated for:
  • lying while defending liars,
  • perpetuating and propagating an adversarial "justice" system in which the less justice/honesty/truth telling there is, the more money they make,
  • being masters of sophistry at the expense of integrity, honesty, and sincerity.
I doubt many people hate Erin Andrews' lawyers for getting a judgment against a pervert and those in business with so little regard for ethics that they negligently facilitated the pervert's actions.

It's easy to not be hated as a lawyer. Start with honesty. Takes character and guts, but it's actually quite a rewarding endeavor with inestimable returns.
 
Highly unlikely. I can't imagine any sportscaster getting $11M a year in endorsements. I can't imagine any sportscaster getting half that. Plus she has Reebok endorsements and was hired by Dancing with the Stars. Professionally she's doing just fine.

This isn't about her career

It's about her mind and what she lives with every day. The tweets. The snide comments. The video and stills that will exist in perpetuity. I think the verdict is high, but the jury heard her evidence not you or me.

John Milton made this point better than I could. A quote I used in closing arguments:

"The mind is its own place, and in itself can make a heaven of hell, a hell of heaven..."​
 
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Let's keep it simple. Lawyers are hated for:
  • lying while defending liars,
  • perpetuating and propagating an adversarial "justice" system in which the less justice/honesty/truth telling there is, the more money they make,
  • being masters of sophistry at the expense of integrity, honesty, and sincerity.
I doubt many people hate Erin Andrews' lawyers for getting a judgment against a pervert and those in business with so little regard for ethics that they negligently facilitated the pervert's actions.

It's easy to not be hated as a lawyer. Start with honesty. Takes character and guts, but it's actually quite a rewarding endeavor with inestimable returns.

And you would know this, how? Have you ever gone into court, as a party, or even as a witness?

All you have is prejudice and presumptuousness . . . you have no idea what lawyers do, how they do it or how effective they are.

Pffffffffffttttt.
 
And you would know this, how? Have you ever gone into court, as a party, or even as a witness?

All you have is prejudice and presumptuousness . . . you have no idea what lawyers do, how they do it or how effective they are.

Pffffffffffttttt.
:grin: Who are you defending?

Note I wasn't talking about lawyers. I was talking about people who hate them.
 
Sadly you are correct.

Lawyers do a job. Plaintiff an defense attorneys make arguments. Jurors award damages. Blaming lawyers is like blaming CNN for bad news.

People do blame news channels for bad news all the time. Not for the bad news itself, but for giving bad news so much more air than good news.

I do not think we ever will change to the inquisitorial system, and I am not sure we should. But I wonder if it would solve part of the problem of justice skewing toward the better (read more expensive) attorneys? Not just in civil cases, but especially in criminal. In many states right now, public defenders are so overworked they cannot possibly present a halfway decent legal argument. And since it is back in the news, I can't help but think almost all of us would agree OJ would have been found guilty with even good public defender. I know Scalia didn't find innocence itself a reason to overturn a proper conviction, but I don't think most Americans are quite at that point (or maybe I am naive and we are). I'm not sure I am comfortable with a system that rewards better lawyers then the real truth. Now, I'm not positive the inquisitor system works any better, but someone far smarter can I can look into that.
 
:grin: Who are you defending?

Note I wasn't talking about lawyers. I was talking about people who hate them.

FAIL.

Now who's prevaricating? Currently, you've established yourself as a lying hypocrite in this thread. Practice what you preach, or get out of the pulpit.
 
And you would know this, how? Have you ever gone into court, as a party, or even as a witness?

All you have is prejudice and presumptuousness . . . you have no idea what lawyers do, how they do it or how effective they are.

Pffffffffffttttt.
Also note that your attack on me...is just that. Elementary sophistry backing up one of the assertions I made about why people hate lawyers. You avoided addressing the truth value of the assertion and instead attacked my credibility.

Justice should be interested in truth not in proving argument with clever sophistry, character assassination, and convincing juries that the accused ate ice cream by saying he likes cold, sweet stuff in the summer.
 
This isn't about her career

It's about her mind and what she lives with every day. The tweets. The snide comments. The video and stills that will exist in perpetuity. I think the verdict is high, but the jury heard her evidence not you or me.

John Milton made this point better than I could. A quote I used in closing arguments:

"The mind is its own place, and in itself can make a heaven of hell, a hell of heaven..."​

Let me be clear. I'm not against her getting these damages. I was purely reacting to Lucy's assumptions that they were for lost salary/earnings.

I'm all for her getting the money from a jury of her peers.
 
Let me be clear. I'm not against her getting these damages. I was purely reacting to Lucy's assumptions that they were for lost salary/earnings.

I'm all for her getting the money from a jury of her peers.
Quit arguing words
 
Also note that your attack on me...is just that. Elementary sophistry backing up one of the assertions I made about why people hate lawyers. You avoided addressing the truth value of the assertion and instead attacked my credibility.

Justice should be interested in truth not in proving argument with clever sophistry, character assassination, and convincing juries that the accused ate ice cream by saying he likes cold, sweet stuff in the summer.

Well now, this is an interesting post . . . your accusation that I avoided "the truth value of the assertion" about lawyers is nothing short of an open admission that your statement "Note I wasn't talking about lawyers" was in fact a blatant lie.

You pretend to truth, justice and the American Way in these arguments, lurker, but you're just as amenable to the very sophistry you accuse others of - transparently so.

:p

Have a good day!
 
It wasn't a jury of her peers. It was a jury made up of local citizens. They were obviously outraged.

The way I see it, she was awarded some punitive damages without it being called
punitive damages.

The other component is that depending
on how well the local Marriott entities
are financially and how much insurance
covered this, they could be headed
for Chap. 11 and/or some of their
current employees end up get laid off,
even though the current employees
may not have been employed at the
time of the incident in 2008.

I wonder how much she and the
corporate defendants offered to
settle for as a compromise, at
mediation.
 
Sadly you are correct.

Lawyers do a job. Plaintiff an defense attorneys make arguments. Jurors award damages. Blaming lawyers is like blaming CNN for bad news.

Here is what I don't understand...

If the jurors were hugging her and asking for autographs post trial isn't that potential grounds for the entire verdict to be thrown out? I don't ever remember reading such an egregious example of bias in the jury pool.
 
Here is what I don't understand...

If the jurors were hugging her and asking for autographs post trial isn't that potential grounds for the entire verdict to be thrown out? I don't ever remember reading such an egregious example of bias in the jury pool.

Liking the plaintiff isn't bias

There is a substantial amount of research that suggests how much a jury "likes" a party is the most reliable predictor of a favorable verdict for that party. . Consultants actually make a science of things to say and do at trial to increase likability. In the case of a celeb with a level of built-in resentment baggage, I'd say her lawyers did a heckuva job.
 
Mr. Sope Creek, as a lawyer defending lawyers, you might consider setting a good example of whatever it is you're advocating. Are you seeking truth? Are you trying to win an argument at all costs, regardless the the human collateral damage? One could ask any number of such questions, especially in the context of the notion of people hating lawyers, which incidentally was originally posited in this thread by a lawyer.

FAIL.

Now who's prevaricating? Currently, you've established yourself as a lying hypocrite in this thread. Practice what you preach, or get out of the pulpit.
Well now, this is an interesting post . . . your accusation that I avoided "the truth value of the assertion" about lawyers is nothing short of an open admission that your statement "Note I wasn't talking about lawyers" was in fact a blatant lie.

You pretend to truth, justice and the American Way in these arguments, lurker, but you're just as amenable to the very sophistry you accuse others of - transparently so.

:p

Have a good day!
I'll take the high road, thank you, and spend a bit of time dissecting what we have here. Let's see if we can show some discernment and locate some truth.

You posted this:
And you would know this, how? Have you ever gone into court, as a party, or even as a witness?

All you have is prejudice and presumptuousness . . . you have no idea what lawyers do, how they do it or how effective they are.

Pffffffffffttttt.
which I assumed, perhaps erroneously, was in response to this portion of my post:
Let's keep it simple. Lawyers are hated for:
  • lying while defending liars,
  • perpetuating and propagating an adversarial "justice" system in which the less justice/honesty/truth telling there is, the more money they make,
  • being masters of sophistry at the expense of integrity, honesty, and sincerity.
So my understanding of your post is that you are suggesting my original post was about lawyers and you're questioning whether I can say anything about lawyers without having seen them in action in court, or perhaps elsewhere. I responded with this:
:grin: Who are you defending?

Note I wasn't talking about lawyers. I was talking about people who hate them.
which is true. In other words,

1. I am asserting reasons that people, who are not lawyers, have for hating lawyers.
2. I am not asserting those reasons have any truth value.
3. I am not asserting those reasons in fact apply generally to all lawyers.
4. I am not asserting anything about lawyers, actually, but rather asserting what is in the minds of people (if any) who have chosen to use those reasons to hate lawyers, to whatever extent they do (which I also made no assertions about).

You followed that post with:
FAIL.

Now who's prevaricating? Currently, you've established yourself as a lying hypocrite in this thread. Practice what you preach, or get out of the pulpit.
Well, I'm going to assume your basis for this ad hominem attack is that you've overlooked the possibility that I actually wasn't making assertions about lawyers and are firmly convinced I was making assertions about lawyers.

The easiest way to decide that is to look at my original post again and using standard English notice that in fact I made no assertions about lawyers (in the bullet points -- after that I did make a suggestion on honesty for lawyers, which is equally applicable as a suggestion to any human being).

Before I read your second response I posted this:
Also note that your attack on me...is just that. Elementary sophistry backing up one of the assertions I made about why people hate lawyers. You avoided addressing the truth value of the assertion and instead attacked my credibility.

Justice should be interested in truth not in proving argument with clever sophistry, character assassination, and convincing juries that the accused ate ice cream by saying he likes cold, sweet stuff in the summer.
to which you responded with this:
Well now, this is an interesting post . . . your accusation that I avoided "the truth value of the assertion" about lawyers is nothing short of an open admission that your statement "Note I wasn't talking about lawyers" was in fact a blatant lie.

You pretend to truth, justice and the American Way in these arguments, lurker, but you're just as amenable to the very sophistry you accuse others of - transparently so.

:p

Have a good day!
So here again you appear to be assuming I'm making assertions about lawyers which, as I have shown is not the case.

I'll freely grant one point. When I said I wasn't talking about lawyers, I meant I wasn't making assertions about lawyers, but I didn't explicitly say that, thus my statement is open for interpretation. That said, your attacks on me after I said I wasn't talking about lawyers clearly show that you were not, from that point on, discussing this with me in a good faith attempt to come to an understanding with me and show interest in my point of view. Instead you appear to have been intent on assassinating my character, proving that I'm a hypocrite, and the like.

As I suggested at the beginning of this post, one might question to what extent your posting here is putting lawyers in a less-than-hateful light. Character assassination, for instance, is not a particularly endearing activity. Posting in good faith, to me, involves assuming the other is telling the truth and if it appears to me otherwise, as a first response I seek to verify my understanding before questioning whether or not he's discussing in good faith.

For the record, I will say that I know a number of lawyers, both personally and professionally. I don't hate any of them. I don't think any of them are dishonest, rather to the contrary. In fact, I don't hate lawyers at all. This discussion for me is entirely academic. I would assume that many if not most lawyers have the best of intentions as citizens, so to whatever extent there is general dislike or hatred for lawyers, I would assume that's caused by the bad apples and by the nature of the adversarial system. That's unfortunate. I highly doubt that people hate any lawyers because Erin Andrews won her case, other than those who have to pay up.
 
1. I am asserting reasons that people, who are not lawyers, have for hating lawyers.
2. I am not asserting those reasons have any truth value.
3. I am not asserting those reasons in fact apply generally to all lawyers.
4. I am not asserting anything about lawyers, actually, but rather asserting what is in the minds of people (if any) who have chosen to use those reasons to hate lawyers, to whatever extent they do (which I also made no assertions about).

All patently false, as is obvious from the plain meaning of the words in your posts.

BTW, I don't litigate, I just negotiate and draft contracts. And I have to go do that for a number of hours for the rest of the day, so *fair warning* all of my posts hereafter will be drive by in nature, of necessity . . . .

BANG
 
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All patently false, as is obvious from the plain meaning of the words in your posts.
Jane hates apples because they
  • have brown spots,
  • are tart,
  • are waxed.
By your logic, I'm making three assertions about apples, all of which are clearly false as generalizations.

That aside, you appear to be continuing to show lack of good faith, because once I have told you what I intended to mean, regardless of whether or not I succeeded in communicated well (clearly I failed to get my message across to you), your sole response to my lengthy post was to imply that there is not even a possibility for ambiguity ("patently false," "plain meaning") when there clearly is since you and I are interpreting my words differently and you and I are not illiterate (well, assuming that assessment is mutual... :) ). Anyway, hopefully my little example above shows you clearly the grammatical and semantic structure I was using.
 
Jane hates apples because they
  • have brown spots,
  • are tart,
  • are waxed.
By your logic, I'm making three assertions about apples, all of which are clearly false as generalizations.

That aside, you appear to be continuing to show lack of good faith, because once I have told you what I intended to mean, regardless of whether or not I succeeded in communicated well (clearly I failed to get my message across to you), your sole response to my lengthy post was to imply that there is not even a possibility for ambiguity ("patently false," "plain meaning") when there clearly is since you and I are interpreting my words differently and you and I are not illiterate (well, assuming that assessment is mutual... :) ). Anyway, hopefully my little example above shows you clearly the grammatical and semantic structure I was using.

BANG
 
People do blame news channels for bad news all the time. Not for the bad news itself, but for giving bad news so much more air than good news.

I do not think we ever will change to the inquisitorial system, and I am not sure we should. But I wonder if it would solve part of the problem of justice skewing toward the better (read more expensive) attorneys? Not just in civil cases, but especially in criminal. In many states right now, public defenders are so overworked they cannot possibly present a halfway decent legal argument. And since it is back in the news, I can't help but think almost all of us would agree OJ would have been found guilty with even good public defender. I know Scalia didn't find innocence itself a reason to overturn a proper conviction, but I don't think most Americans are quite at that point (or maybe I am naive and we are). I'm not sure I am comfortable with a system that rewards better lawyers then the real truth. Now, I'm not positive the inquisitor system works any better, but someone far smarter can I can look into that.

I don't think you'd want an inquisitor system

Those are remnants of ecclesiastical courts and are subject to the same abuses of centuries ago. An independent judiciary is vital to due process and our rights.

I am concerned with the constant efforts of both the right and the left to politicize the judiciary and make it just another instrument of policy. Courts should do that as a byproduct, not as an intention. An inquisitor system makes matters worse.
 
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Also note that your attack on me...is just that. Elementary sophistry backing up one of the assertions I made about why people hate lawyers. You avoided addressing the truth value of the assertion and instead attacked my credibility.

Justice should be interested in truth not in proving argument with clever sophistry, character assassination, and convincing juries that the accused ate ice cream by saying he likes cold, sweet stuff in the summer.

If "truth" were only that easy to determine.
 
I don't think you'd want an inquisitor system

Those are remnants of ecclesiastical courts and are subject to the same abuses of centuries ago. An independent judiciary is vital to due process and our rights.

I am concerned with the constant efforts of both the right and the left to politicize the judiciary and make it just another instrument of policy. Courts should do that as a byproduct, not as an intention. An inquisitor system makes matters worse.

Is there any way inside the current system to alleviate the inequality? We know there are a lot of people in prison only because they were stuck with a public defender who had 5 minutes to spend on their case. We know there are people free (or in prison for a different crime like OJ) because they had the money to buy freedom. Largely I trust juries, but at times we have Bob Gibson pitching against a little team. Whatever results isn't necessarily justice.
 
Is there any way inside the current system to alleviate the inequality? We know there are a lot of people in prison only because they were stuck with a public defender who had 5 minutes to spend on their case. We know there are people free (or in prison for a different crime like OJ) because they had the money to buy freedom. Largely I trust juries, but at times we have Bob Gibson pitching against a little team. Whatever results isn't necessarily justice.

No

Think of a bell curve. There is undoubtedly inequality at the extremes. But for most people in the middle, the system works pretty well.

Interestingly, congress took notice of the supposed inequality 20+ years ago and enacted uniform sentencing guidelines for all the federal courts. Now people don't like that equality because it takes away judicial discretion for unusual cases.

Jury verdict data in civil cases also shows a bell curve for similar claims and injuries.

The outliers on the bell curve will always make news. But that news is overplayed.
 
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No

The outliers on the bell curve will always make news. But that news is overplayed.

Exactly. Additionally, there tends to be incomplete reporting on the underlying case and no follow up reporting stating what the actual award ends up being. The McDonald's Coffee Case comes to mind as a good example. Like most people, I thought that case was laughable until we were forced to study it in first-year torts class.
 
BANG? What in the world is that supposed to mean?

Lemme spell it out for ya, with a little emphasis this time; from my 2:33 pm post today:

so *fair warning* all of my posts hereafter will be drive by in nature, of necessity . . . .

BANG
 
Exactly. Additionally, there tends to be incomplete reporting on the underlying case and no follow up reporting stating what the actual award ends up being. The McDonald's Coffee Case comes to mind as a good example. Like most people, I thought that case was laughable until we were forced to study it in first-year torts class.
I remember that. 120 1L heads had light bulbs pop up above them all at once. That was a real eye-opener.
 
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Exactly. Additionally, there tends to be incomplete reporting on the underlying case and no follow up reporting stating what the actual award ends up being. The McDonald's Coffee Case comes to mind as a good example. Like most people, I thought that case was laughable until we were forced to study it in first-year torts class.
I agree that the McDonalds case was completely blown up by people who didn't understand it, I have no problem with that.

But the system is built on who can present their case better, not who has the better case. Sure, an in his prime Gerry Spence would have a hard time winning against a bullet proof case, but those are pretty rare I would suspect.

I think part of my frustration goes back to Scalia's comment about innocence not being a reason to overturn a verdict. It seems lawyers are caught up in the game (I'm a gamer, I know how easy it is to get caught up in a competition). But the way the system works seems to require equal combatants. Maybe I'm wrong, may a public defender who has 5 minutes to prep can win the 40-60 case against him 40% of the time. But I doubt it.
 
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