Thursday, May 15, 2014

SO LIKE YOUR CLIENT, THE FACTS OF THE CLAIM WON'T, QUITE, FLY:  SCOTUSblog's Tom Goldstein, as part of his day job, pens a nastygram in response to a threat to sue over an unusual injury.  HT: Ted.


  1. Benner6:36 PM

    That letter does not make one not want to sue Goldstein's client. I also question he says she assumed the risk and that she may well have a claim against Hustler. It's not crazy to think that he was negligent since he should have realized he had no training in stunts. The "standard of care for throwing porn actors off a roof in a pool" that we're supposed to "let sink in" isn't all that unreasonable. If you take out the irrelevant parts, there probably is a standard of care for stunt actors. Not saying she should win, but it's not prima facie without merit. (Did he throw her far enough, such that grabbing the shirt wouldn't matter? Is it unmistakable she clasps or is the shirt just billowy? We don't know. But if anyone's "oversharing," it's Goldstein - cheap shots at the profession of one who does nothing more than brighten the day of those who appreciate her work (i've never heard of this particular one . . .) The implication is that she's more likely to be trying to extract a settlement because she's in the sex industry. The letter is funny, but the wiser course of action would be to take the high road and not say much of anything. Stick to appeals, pony boy.

  2. The Pathetic Earthling11:17 PM

    I think one thing I like about it is so many of these letters are, in effect,"STFU while I learn what's going on, then I'll get back to you. Also, FU." This letter shows that he's completely digested the facts of the case, has analyzed the entire defense, but has the restraint to respond with a just the tip of the iceberg which is, nevertheless, shaped suspiciously like a middle finger.

    I would not screw with this guy lightly.

  3. Wondering how Bilzerian ended up with Goldstein as his lawyer, I found this on his wiki page: "On March 9, 2011 Bilzerian raced fellow race car enthusiast and Supreme Court Litigator Tom Goldstein for a wager of $385,000 at Las Vegas Motor Speedway, with Bilzerian racing a 1965 AC Cobra and Goldstein behind the wheel of a Ferrari 458 Italia. Bilzerian won the race."

  4. Adam C.12:32 PM

    Does Goldstein also have to be Bilzerian's butler?