What Were They Thinking

Website Hook-Ups: if a Hook-Up Site Requires its Members to Represent That They are Over 18, is the Site Liable When a User is Busted for Having Sex With a Member Who is a Minor?

The answer to the question posed in the title is:  No.  No, no, no, no, no.

Only a lawyer with really bad judgment would file a suit alleging breach of contract, fraud, and related claims.  And, after losing in federal district court, appeal to the Sixth Circuit.

If you really want to know the “legal” grounds for dismissal in this case, the decision is Doe v. SexSearch.com,*

But, ’nuff said on this one. If you feel compelled to use a site like SexSearch.com (not that there’s anythingwrong with that), it might be prudent to ask your partner for an I.D. before, …. well, you know. Hmmm …. on second thought, maybe its best to just stay home and watch the telly.

* The online contract between SexSearch and its members states: SexSearch “cannot guarantee, and assume[s] no responsibility for verifying, the accuracy of the information provided by other users of the Service.”Read the full article

Really Judge Murphy. Really !?!

by Lee Gesmer on December 19, 2008

Really Judge Murphy. Really !?!

Judge Ernest Murphy

Massachusetts Superior Court Judge Ernest Murphy won a $2 million libel verdict against the Boston Herald after the Herald incorrectly reported that he had said that a 14 year old female rape victim should “get over it.”

Fair enough, but that was not the end of the story. The Herald appealed (ultimately losing), but during the appeal Judge Murphy sent two letters to Patrick J. Purcell, owner and publisher of the Herald, which led to today’s SJC decision publically reprimanding Judge Murphy for this incident.

Here are quotes from the letters, taken from the SJC reprimand. The letters proposed a meeting between Judge Murphy and Patrick Purcell, were hand-written on Superior Court stationery, and proposed a luncheon meeting between Murphy, Purcell and (presumably) the Herald’s insurer. The letter went on to tell Purcell –

to “have one person … at the meeting…. Under NO circumstances should you involve [counsel in the lawsuit] in this meeting….

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I’ve heard this quote attributed to Alan Abelson of Barron’s, but who knows, it may be from Kansas. Maybe Abelson used to listen to Kansas.

In any event, it came to mind when I heard that the Maestro, a Master of the Universe if there ever was one, spoke thus before Congress last week:

REP. WAXMAN: You found a flaw in the reality —

MR. GREENSPAN: Flaw in the model that I perceived as the critical functioning structure that defines how the world works, so to speak.

REP. WAXMAN: In other words, you found that your view of the world, your ideology was not right. It was not working.

MR. GREENSPAN: Precisely. That’s precisely the reason I was shocked, because I had been going for 40 years or more with very considerable evidence that it was working exceptionally well.

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Ohhhhh, Boston you're my home …..

by Lee Gesmer on October 29, 2008

I’m gonna tell you a story
I’m gonna tell you about my town
I’m gonna tell you a big bad story, baby
Aww, it’s all about my town

I’ve lived in Boston all my life, going on 60 years in the not too distant future, and you’d think that I’d be used to this stuff by now, but really, I’m not. I keep thinking that Boston has joined the 21st Century (or at least my fantasy of what the 21st Century should be). Sure, I like to read books by George Higgins

and Dennis Lehane and we all like reading about Whitey Bulger, the Winter Hill Gang, the FBI’s involvement in gangland murders, Raymond Patriarca, Jerry Angiulo and the North End Mafia, but all that stuffs in the past, right? We’re the Athens of America, the City of Great Universities, the home (in part) of the birth of the Internet.… Read the full article