03-07-2016, 05:49 PM
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#221
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That Crazy Guy at the Bus Stop
Join Date: Jun 2010
Location: Springfield Penitentiary
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Quote:
Originally Posted by Dion
Why would someone not like this award? I don't care about the dollars won just the fact she got justice for what was done to her.
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The major reason why people think it stupid is that the hotel had absolutely nothing to do with it. It just happened to occur on their property.
This has nothing to do with justice. At all. Marriott hotels didn't film her, some perv did.
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03-07-2016, 05:54 PM
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#222
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Not a casual user
Join Date: Mar 2006
Location: A simple man leading a complicated life....
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Quote:
Originally Posted by Cecil Terwilliger
The major reason why people think it stupid is that the hotel had absolutely nothing to do with it. It just happened to occur on their property.
This has nothing to do with justice. At all. Marriott hotels didn't film her, some perv did.
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Would you give a total stranger a room next to a celebrity if they asked? That would raise red flags with me.
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03-07-2016, 08:42 PM
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#223
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Ate 100 Treadmills
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Quote:
Originally Posted by ZedMan
That's a... bold strategy.
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It's actually an extremely common strategy in tort cases. It's about calculating actual damage, as pain and suffering awards alone aren't as big as people think. So if you can prove that she hasn't suffered any economic loss even though the pain and suffering is bad, the award will be relatively low.
Insurance lawyers do it all the time when they have someone who can't do their job anymore then retrain.
I also think this award is outrageous and will be appealed. That is a lot of money for anyone to have all at once. In BC, where I practice, pain and suffering awards are capped at about $350,000. These types of awards are given to quadriplegics and people with severe disabilities.
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03-07-2016, 08:48 PM
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#224
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Ate 100 Treadmills
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Back on topic...
Pickled Eggs
Cold fried chicken
Tap water
Plastic bags from grocery stores..I re-use them as garbage bags or always seem to need a random bag that is disposable.
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03-07-2016, 08:53 PM
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#225
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That Crazy Guy at the Bus Stop
Join Date: Jun 2010
Location: Springfield Penitentiary
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Quote:
Originally Posted by Dion
Would you give a total stranger a room next to a celebrity if they asked? That would raise red flags with me.
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They didn't.
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03-07-2016, 09:29 PM
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#226
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Not a casual user
Join Date: Mar 2006
Location: A simple man leading a complicated life....
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Quote:
Originally Posted by Cecil Terwilliger
They didn't.
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He confessed that he arranged with the hotel to stay in the room next to hers and altered the peephole in order to record her nude.
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03-07-2016, 10:10 PM
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#227
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Crash and Bang Winger
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Blue cheese dressing
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03-07-2016, 10:11 PM
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#228
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Franchise Player
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Quote:
Originally Posted by wontondestruction
Blue cheese dressing
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People who hate this are wrong.
__________________
Quote:
Originally Posted by CroFlames
Before you call me a pessimist or a downer, the Flames made me this way. Blame them.
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03-07-2016, 10:53 PM
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#229
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That Crazy Guy at the Bus Stop
Join Date: Jun 2010
Location: Springfield Penitentiary
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Quote:
Originally Posted by Dion
He confessed that he arranged with the hotel to stay in the room next to hers and altered the peephole in order to record her nude.
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He actually confessed that it was all him and had nothing to do win the hotel. He conned his way to he room next to hers.
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03-07-2016, 11:11 PM
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#230
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Scoring Winger
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Quote:
Originally Posted by Cecil Terwilliger
He actually confessed that it was all him and had nothing to do win the hotel. He conned his way to he room next to hers.
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It doesn't matter that the hotel wasn't involved in the video being made, she was suing them on the basis that they were negligent in protecting her privacy as a guest.
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03-07-2016, 11:14 PM
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#231
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Lifetime Suspension
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Quote:
Originally Posted by codynw
People who hate this are wrong.
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Blue cheese > Ranch for wings.
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03-07-2016, 11:17 PM
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#232
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That Crazy Guy at the Bus Stop
Join Date: Jun 2010
Location: Springfield Penitentiary
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Quote:
Originally Posted by ZedMan
It doesn't matter that the hotel wasn't involved in the video being made, she was suing them on the basis that they were negligent in protecting her privacy as a guest.
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Not relevant to dions original post.
It's all moot. She's not likely to collect most of it.
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03-08-2016, 12:11 AM
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#233
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Not a casual user
Join Date: Mar 2006
Location: A simple man leading a complicated life....
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Quote:
Originally Posted by ZedMan
It doesn't matter that the hotel wasn't involved in the video being made, she they was suing them on the basis that were negligent in protecting her privacy as a guest.
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.......and rightfully so. Regardless of any money she may or may not collect she got the verdict she was looking for. Hotels will have to do a better job of protecting the privacy of their guests.
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03-08-2016, 09:27 AM
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#234
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Franchise Player
Join Date: Mar 2012
Location: Sylvan Lake
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Quote:
Originally Posted by troutman
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Quote:
Originally Posted by Cecil Terwilliger
The major reason why people think it stupid is that the hotel had absolutely nothing to do with it. It just happened to occur on their property.
This has nothing to do with justice. At all. Marriott hotels didn't film her, some perv did.
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I would be interested on Trout's take. You note he said he "I think it is correct".
http://lawnewz.com/celebrity/what-ev...andrews-trial/
I think there are a couple of things at play in this decision. Courts/Jurors don't like:
Quote:
Attorneys for hotel owner West End Hotel Partners have said that Barrett’s criminal actions were his responsibility, not theirs. Their strategy also has been to minimize — some would say callously belittle — the emotional trauma endured by Andrews.
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Quote:
LIABILITY
In most states, it’s vital for hotels to ensure guests are safe. Just as a hotel must anticipate that a thief or assailant could break into guest rooms, it also must anticipate invasions of privacy and voyeurism in guest rooms, and throughout the hotel. Hotels should take security seriously, and use guards and cameras to actively monitor hallways and common areas. Staff should be properly trained to look for anything suspicious.
As an attorney for one of L.A.’s top entertainment law firms representing celebrities and public figures, I will be looking to see whether the hotel took common-sense precautions to deter and avoid crime, and if any of its practices contributed to the crime against Andrews. For instance, was it reasonable for Marriott to reportedly use house phones that displayed the room numbers of guests? Were hallways actively monitored or patrolled? How is it that no one saw Andrews’ stalker standing outside her door and using a hacksaw to change the peephole to set up his videotaping?
Then there’s the worldwide publication of the voyeuristic video to consider. Legal observers are asking whether the hotel’s acts and omissions constitute both the actual, and proximate, cause of the video’s release. Certainly, at first blush, it is a difficult question to answer whether the hotel should have foreseen that the video would be published by the perpetrator, although it is certainly not beyond the realm of possibility, particularly where a celebrity guest is involved. Some would argue that, given the spate of widely-publicized crimes in which private photos and videos of celebrities, and non-celebrities, have been hacked and published to millions on the Internet, a hotel should anticipate that voyeuristic video shot on its premises is very likely to be sold or published online for the world to see.
Here, there is a strong likelihood of finding Marriott liable. Andrews’ stalker purportedly found her room number on the hotel’s house phone, and then was able to modify her door without being seen or challenged. Without these security lapses, the perpetrator could never have made his video – and the subsequent exploitation and publication of the video was a foreseeable consequence for which the hotel must bear responsibility.
Marriott is arguing that, like Ms. Andrews, it was a victim of her stalker, and shouldn’t be held responsible. I doubt this will fly. A better argument is that any liability should be apportioned between the hotel and the perpetrator. Perhaps the jury might find the hotel 40 percent liable and the stalker 60 percent. Note that such a verdict is only possible in Tennessee for incidents that happened before July 1, 2013, when the state overturned the common law rule that an intentional actor and a negligent actor, both named as defendants and both responsible for a plaintiff’s injuries, may be held jointly and severally responsible for the plaintiff’s total damages. See Tenn. Code Ann. Sec. 29-11-107.
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Quote:
What is the case worth? Andrews seeks $75 million – an astronomical number. On the other hand, assuming that the video was viewed an estimated 16 million times, an award of $75 million would equate to about $4.48 per view. So an award approaching $75 million isn’t unreasonable, particularly if the jury is incensed by Marriott’s conduct and the approach of its defense team.
For perspective, it is not uncommon for jurors to be incensed by wrongful acts resulting in the publishing of nude photos and sex videos. A Georgia jury initially awarded $20 million, though later reduced to $250,000, to the estate of model Nancy Benoit after Hustler published nude photos of her after her death. And a New York jury ordered rapper 50 Cent to pay $7 million for the unauthorized publication of an online sex video.
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__________________
Captain James P. DeCOSTE, CD, 18 Sep 1993
Corporal Jean-Marc H. BECHARD, 6 Aug 1993
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03-08-2016, 09:41 AM
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#235
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Unfrozen Caveman Lawyer
Join Date: Oct 2002
Location: Crowsnest Pass
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Quote:
Originally Posted by undercoverbrother
I would be interested on Trout's take. You note he said he "I think it is correct".
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I was thinking mostly about the size of the award, and the difference between tort law in the US and Canada:
http://buckleysmix.com/wp-content/up...rebilcock1.pdf
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03-08-2016, 09:43 AM
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#236
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Franchise Player
Join Date: Mar 2012
Location: Sylvan Lake
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Quote:
Originally Posted by troutman
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Thanks, I will read that later (29 pages).
Do you have thoughts on the liability?
__________________
Captain James P. DeCOSTE, CD, 18 Sep 1993
Corporal Jean-Marc H. BECHARD, 6 Aug 1993
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03-08-2016, 01:19 PM
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#237
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Self-Suspension
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Quote:
Originally Posted by blankall
Back on topic...
Pickled Eggs
Cold fried chicken
Tap water
Plastic bags from grocery stores..I re-use them as garbage bags or always seem to need a random bag that is disposable.
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Who doesn't like pickled eggs? Not the trash you can buy in CO-OP but actual hard-boiled eggs and pickle juice. It's a heavenly snack and I haven't met a single person who dislikes them, the storebought ones don't count, they taste luck a rubber chicken pooped out some chemicals.
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03-08-2016, 01:24 PM
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#238
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Powerplay Quarterback
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Quote:
Originally Posted by AcGold
Who doesn't like pickled eggs? Not the trash you can buy in CO-OP but actual hard-boiled eggs and pickle juice. It's a heavenly snack and I haven't met a single person who dislikes them, the storebought ones don't count, they taste luck a rubber chicken pooped out some chemicals.
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This guy right here. Pickled anything is vile.
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03-08-2016, 01:28 PM
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#239
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Franchise Player
Join Date: Mar 2012
Location: Sylvan Lake
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Quote:
Originally Posted by East Coast Flame
This guy right here. Pickled anything is vile.
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We are as far apart as the east is from the west
Pickled beets, onions, carrots, beans, eggs, turkey gizzards, bring it all on.
__________________
Captain James P. DeCOSTE, CD, 18 Sep 1993
Corporal Jean-Marc H. BECHARD, 6 Aug 1993
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03-08-2016, 01:29 PM
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#240
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In the Sin Bin
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Pickled pickles?
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