Featured Case: Baer v. Chase: "Taking Care" of Things

In Baer v. Chase, the Court of Appeals for the 3^rd Circuit upheld a district court’s finding for the defendant on a motion for summary judgment.  Baer, a former New Jersey prosecutor shared some of his ideas about a TV show based on the activities of New Jersey organized crime families with Chase, a TV producer/director.  Unbeknownst to Baer, Chase had already been actively researching and writing a TV series that would become The Sopranos. Chase consulted with Baer on an occasion or two and used Baer’s contacts to arrange meetings with New Jersey detectives who shared stories about investigation of mob crime activities.  Baer alleged that Chase had promised that if the show became successful, Chase would “take care of him.” The court found that the contract’s description of Chase’s performance was not sufficiently certain and definite.  The Court allowed the quasi contract claim for quantum meruit to proceed to a trial which resulted in a defendant's verdict.

Given the way things get “taken care of” in the underworld, Baer may have gotten away easy.

Did you take care of that thing?

Taking care of two things:

Having your lawyer take care of things:

"American President" Movie Speech Echoes Supreme Court

The American Rhetoric Website on Movie Speeches offers an opportunity to view President Andrew Shepherd's (Michael Douglas) address to the press from the movie The American President. Shepherd, running for re-election has been attacked by his opponent on "character issues." The widower president had begun dating an environmental lobbyist, Syndney Ellen Wade (Annette Bening), when an old photo of her surfaced. The image captured a college -aged Wade burning an American flag during a protest.

Shephard's impassioned words echo Justice Brennan's decision in Texas v. Johnson (flag burning case):

The best way to preserve the flag’s special role in our lives is not to punish those who feel differently but to persuade them that they are wrong.  We do not honor our flag by punishing those who burn it, because in doing so we diminish the freedom that this cherished emblem represents.

I find this clip useful to describe the concept and legal principles surrounding political speech to set the stage for a comparative analysis of commercial speech.

To view the speech from The American President, click here or on the image below:

Rich People Are More Inclined to Act Unethically

A scientific study being published in the Proceedings of the National Academy of Science correlates wealth with unethical conduct.  According to an ABC news report:

"We found that it is much more prevalent for people in the higher ranks of society to see greed and self-interest … as  good pursuits," said Paul Piff, lead author of the study.

An article in a scientific publication describes some of the methodology:

In their first two experiments, they monitored traffic at a four-way intersection in San Francisco, noting the makes and models of automobiles — a reliable indicator of socioeconomic status, or SES — and whether their drivers cut off other vehicles or pedestrians. Rude behavior rose with status, and high-SES drivers were roughly twice as inconsiderate as low-SES drivers

I'm not sure if that means the wealthier folks were more unethical or more pissed-off.  How do we know that if wasn't chauffers, corporate employees or carjackers that were driving those cars?  In any event, it is food for thought.

The Final Element of a Negligence Claim: Damage or Injury

It is axiomatic that if there is no injury or damage, no cause of action for negligence has been proven.  Unlike an intentional tort claim, where nominal damages may be awarded symbolically condemning the wrongdoing, a negligence claim lies only where actual harm has been suffered.

Deceptive Advertising

Embedded below is the iconic "Morning in America" ad from President Reagan's 1984 reelection campaign.  The ad, often held up as an exemplar of positive campaign advertising, proclaims that America is "prouder, stronger, better," than it was prior to Reagan's election.  In the business realm, those terms would be referred to as "puffery."  But the ad also makes a number of factual statements; inflation is below a certain rate, so many couples will marry, so many people will buy homes, etc. Were these facts accurate? From the standpoint of the law, it doesn't matter.  As political speech, truth and falsity may be neither determined nor regulated by the government. What is "true" or not in the political realm will be sorted out in Justice Holmes' "marketplace of ideas." Or, by reference to factcheck.org.

In business, however, commercial speech enjoys no such latitude. False and/or deceptive advertising may be regulated, censored, banned, and may lead to penalties. Embedded below is an Activia ad that subjected Dannon to this complaint by the FTC resulting ultimately in a $21 million settlement. Writing that check probably helped relieve that "bloated feeling" in Dannon's bank account.

Law Music Video: Sue Me Sue You Blues

This week's installment in the "Law Music Videos" series is Sue Me Sue You Blues by George Harrison. George was a little bitter over the Beatles breakup.  Law music videos played before your class starts will positively contribute to learning.

How Lawyers See the World?

Start with a cute little love song:



Then get a lawyer involved: