lawsuit – Michmutters
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Sports

First responders circulating photographs of Gianna and Kobe Bryant’s bodies ‘poured salt in an open wound’, lawyer says

Vanessa Bryant’s lawyer says first responders “poured salt in an open wound and rubbed it in” by photographing and sharing photos of her husband and daughter’s bodies.

The widow of basketballer Kobe Bryant is suing the LA County sheriff’s department over an invasion of privacy, saying she fears that she or her surviving children could be exposed to the pictures.

The decorated NBA player, his 13-year-old daughter Gianna and seven other people died in a horrific helicopter crash in January 2020 while traveling to a basketball tournament.

Here’s a recap of what’s happened so far.

Why is Vanessa Bryant suing?

Ms Bryant filed the lawsuit over photographs, taken by first responders on their mobile phones, of the crash site including her husband and daughter’s bodies after they died.

She alleges the pictures were circulated among firefighters and off-duty colleagues, and that one deputy showed them to people at a bar.

Kobe Bryant with his family and wife at a basketball game in Los Angeles.
US federal safety officials blamed pilot error for the crash that killed nine people en route to as basketball tournament.(AP)

The lawsuit filed by Ms Bryant says she “feels ill at the thought that sheriff’s deputies, firefighters, and members of the public have gawked at gratuitous images of her deceased husband and child.”

“She lives in fear that she or her children will one day confront horrific images of their loved ones online,” the lawsuit says.

Ms Bryant is seeking undisclosed damage.

What happened in court?

Ms Bryant’s lawyer, Luis Li, told the jury that the photographs taken at the crash site by a deputy and a fire captain had no official or investigative purpose, and that they were viewed “for a laugh.”

The jury was shown CCTV footage of an off-duty sheriff’s deputy drinking at a bar showing the photos to a bartender, and alleged that the photos had been shown around as many as 30 people.

“They were shared repeatedly with people who had absolutely no reason to receive them,” Mr Li told the court.

gianna and kobe bryant smile arm in arm courtside at a basketball game
Kobe Bryant told the LA Times before his death that his daughter Gianna was “something else” on the basketball court.(Getty: Ethan Miller)

“They [the county] poured salt in an open wound and rubbed it in.”

A lawyer for the county defended the taking of the photos as an “essential” tool for first-responders and said that showing the bartender was “a moment of weakness.”

The defense lawyers told jurors that the fact that the pictures have not gone public showed that leaders in the sheriff’s and fire department did their jobs.

“They’re not online. They’re not in the media. They’ve never even been seen by the plaintiffs themselves,” she said.

“That is not an accident. That is a function of how diligent they were.”

A short, smiling woman in a red dress stands next to a tall bald man in a suit in front of a red Oscars photo background.
Vanessa Bryant was visibly emotional during the first hearing.(AP: Richard Shotwell)

But Mr Li said there’s no guarantee that the photos won’t be leaked in the future.

He said Ms Bryant “will be haunted by what they did forever”, and fears that her surviving children may see them.

What’s next?

The trial is expected to run for more than a week.

Another plaintiff in the case is Chris Chester, whose wife Sara and daughter Payton were also killed in the crash.

Los Angeles County officials have previously argued that Ms Bryant’s “severe and emotional and mental injuries” were caused by the crash, not the pictures, and dismissed the case as a “money grab.”

The county already agreed to pay $US2.5 million to settle a similar case brought by two families of victims of the crash.

Ms Bryant and Mr Chester declined to settle as part of that case.

ABC/wires

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Categories
Sports

Lawsuit filed by Kobe Bryant’s widow over graphic crash photos to be heard by LA jury

A lawsuit filed by the widow of NBA star Kobe Bryant over photos taken of his body immediately after his death will begin Wednesday US time in Los Angeles.

Vanessa Bryant is suing the LA County Sheriff’s Department and the city’s fire department for invasion of privacy, seeking unspecified millions in compensation for pictures taken of the basketballer’s body that were circulated after he was killed in a helicopter crash with their daughter and seven others in 2020 .

Mrs Bryant claims deputies did not take the photos for investigative purposes, and shared them with firefighters who responded to the crash scene. The lawsuit says a deputy showed the photos to bar patrons and a firefighter showed them to off-duty colleagues.

“Mrs Bryant feels ill at the thought that sheriff’s deputies, firefighters and members of the public have gawked at gratuitous images of her deceased husband and child,” according to the lawsuit.

“She lives in fear that she or her children will one day confront horrific images of their loved ones online.”

Kobe Bryant, their 13-year-old daughter, Gianna, and other parents and players were flying to a girls’ basketball tournament when their chartered helicopter crashed in the Calabasas hills, west of Los Angeles, in fog.

Federal safety officials later blamed pilot error for the wreck.

A zoomed-in photo shows firefighters in yellow hi-vis uniforms working next to smoking wreckage on a tree-lined hillside.
Firefighters at the scene of the helicopter crash that killed NBA star Kobe Bryant, along with his daughter and seven others, in January 2020.(AP Photo: Mark J Terrill)

Mrs Bryant has also sued the helicopter charter company and the deceased pilot’s estate.

The county has argued that Mrs Bryant has suffered emotional distress from the deaths, not the photos, which were ordered deleted by Sheriff Alex Villanueva.

It said the photos have never been in the media, on the internet nor otherwise publicly disseminated, and the lawsuit is speculative about harm she might suffer.

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Categories
Business

Elon Musk says $63.7 billion Twitter takeover could move ahead with bot info

Elon Musk says his planned $US44 billion ($63.7 billion) takeover of Twitter should move forward if the company can confirm some details about how it measures whether user accounts are “spam bots” or real people.

The billionaire and Tesla CEO have been trying to back out of his April agreement to buy the social media company, leading Twitter to sue him last month to complete the acquisition.

Mr Musk countersued, accusing Twitter of misleading his team about the true size of its user base and other problems he said amounted to fraud and breach of contract.

Both sides are headed toward an October trial in a Delaware court.

“If Twitter simply provides their method of sampling 100 accounts and how they’re confirmed to be real, the deal should proceed on original terms,” ​​Mr Musk tweeted.

“However, if it turns out that their SEC filings are materially false, then it should not.”

Mr Musk, who has more than 100 million Twitter followers, went on to challenge Twitter CEO Parag Agrawal to a “public debate about the Twitter bot percentage.”

Twitter declined to comment.

The company has repeatedly disclosed to the Securities and Exchange Commission an estimate that fewer than 5 per cent of user accounts are fake or spam, with a disclaimer that it could be higher.

Mr Musk waived his right to further due diligence when he signed the April merger agreement.

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Categories
Australia

Catholic Church to rely on ‘Ellis defence’ in civil damages claim involving Cardinal George Pell

The Catholic Church is using a controversial legal tactic in a bid to be excused from a civil damages claim lodged in the Victorian Supreme Court involving Cardinal George Pell.

A man is suing the Catholic Archdiocese of Melbourne and Cardinal Pell for damages, claiming he suffered nervous shock after learning of allegations Cardinal Pell sexually assaulted his son when he was a choirboy at St Patrick’s Cathedral in East Melbourne in 1996.

In 2018, Cardinal Pell was found guilty of the assault, but the High Court unanimously quashed the conviction in 2020.

The Cardinal has always maintained his innocence.

Church calls upon ‘Ellis defence’

In a preliminary hearing in the Victorian Supreme Court today, the Archdiocese indicated it wanted to rely on what is known as the ‘Ellis defence’ to be excused from the case.

The Ellis defense emerged out of a 2007 NSW Court of Appeal judgment that prevented an abuse survivor suing the Church because it was not a legal entity.

Survivors have long complained about the Church using the Ellis defence, and in 2018 the Victorian Parliament passed legislation that required unincorporated associations like the Church to nominate an entity that is capable of being sued.

But lawyers for the Archdiocese argued that legislation did not apply in this case because the father of the choirboy was not the primary victim of the alleged abuse.

The facade of St Patrick's Cathedral reaches into a cloudy sky.
The civil damages claim relates to allegations of abuse at St Patrick’s Cathedral in 1996.(ABC News: Danielle Bonica)

The father’s barrister, Julian Burnside QC, disagreed, arguing the 2018 legislation applied to both primary victims and their families.

“What our learned friends’ submission amounts to is this: if the victim of child abuse dies then the family has no remedy, they have no-one they can sue,” Mr Burnside said.

“Now that’s plainly wrong in our submission.”

Justice Michael McDonald has reserved his decision on whether to excuse the Archdiocese.

Archdiocese pledges to pay any potential damages

If the Archdiocese is excused, Cardinal Pell would remain a defendant.

In a letter to the court, solicitors for the Archdiocese indicated that even if the Church avoided liability it would still pay any damages, should the judge find against Cardinal Pell.

“If the plaintiff is awarded damages against the second defendant [George Pell] the Archdiocese will ensure that the award is paid by indemnifying the second defendant in respect of the award,” the letter said.

The father of the choirboy, who cannot be named for legal reasons, launched his case last month.

His son died of a drug overdose in 2014 and the father only learned of the allegations against Cardinal Pell the following year.

The father is claiming general damages, special damages and seeking compensation for past loss of earning capacity and past and future medical expenses.

His solicitor Lisa Flynn said the High Court’s decision to quash Cardinal Pell’s conviction would not affect the civil proceedings.

“The High Court made some decisions in relation to the criminal prosecution against [George] Pell, our case is a civil case against George Pell and the Catholic Archdiocese,” she said.

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Categories
Entertainment

Netflix sues Unofficial Bridgerton musical by TikTokers for copyright infringement

Netflix has sued the creators of an allegedly unauthorized musical stage production of its popular period drama Bridgerton, accusing them of copyright infringement after building demand for their knock-off on TikTok.

The complaint was filed against Abigail Barlow and Emily Bear in the federal court in Washington, DC, three days after a sold-out performance of The Unofficial Bridgerton Musical in that city’s Kennedy Center.

A lawyer for the defendants had no immediate comment, having yet to review the complaint.

Bridgerton, based on Julia Quinn’s bestselling romance novels, attracted 82 million viewers in the first four weeks of the series’s debut on Netflix, a record at the time.

It was renewed for a second season, and inspired a spin-off series and live event, The Queen’s Ball, hosted in six cities.

Netflix said after Bridgerton was first released in December 2020, the defendants started posting about the series to TikTok, where they have 2.4 million followers, including creating songs based on characters, scenes, dialogue and plot points.

Simon and Daphne from a scene in Netflix's Bridgerton, in a story about Simon bit wanting children.
Netflix sought to stop the alleged infringements, plus unspecified damages.(Netflix:Bridgerton)

The company said it warned the defendants repeatedly to stop, but they ploughed ahead with an album titled The Unofficial Bridgerton Musical, which won a Grammy award, and their stage show.

“Barlow & Bear’s conduct began on social media, but stretches ‘fan fiction’ well past its breaking point,” Netflix said.

“It is blatant infringement of intellectual property rights.”

Barlow and Bear’s musical was performed in front of a sold-out crowd at the Kennedy Center in Washington, where Netflix was hosting its own live Bridgerton experience.

The Kennedy Center show “attracted Bridgerton fans who would have otherwise attended the Bridgerton Experience and created confusion as to whether Netflix had approved of Barlow & Bear’s unauthorized derivative works,” Netflix said in the lawsuit.

A September performance is planned for Royal Albert Hall in London, the suit claims.

Series creator Shonda Rhimes said in a statement while there is “so much joy” in seeing audiences fall in love with Bridgerton and find creative ways to express their appreciation, “what started as a fun celebration by Barlow & Bear on social media has turned into the blatant taking of intellectual property solely for Barlow & Bear’s financial benefit.”

Author Quinn added she was “flattered and delighted” when Barlow and Bear composing Bridgerton songs and sharing with their other fans on TikTok.

“There is a difference, however, between composing on TikTok and recording and performing for commercial gain,” she said.

The lawsuit seeks to stop the alleged infringements, plus unspecified damages.

Reuters

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Categories
Business

Elon Musk has filed a countersuit against Twitter over $65 billion deal

Elon Musk has countersued Twitter, escalating his legal fight against the social media company over his bid to walk away from the $US44 billion (more than $65 billion) purchase.

While the 164-page document was not publicly available, under court rules a redacted version could soon be made public.

Musk’s lawsuit was filed on Friday, hours after Chancellor Kathaleen McCormick of the Delaware Court of Chancery ordered a five-day trial, beginning on October 17, to determine if Mr Musk can walk away from the deal.

Twitter did not immediately respond to a request for comment.

Also on Friday, local time, Mr Musk was sued by a Twitter shareholder, who asked the court to order the billionaire to close the deal, finding that he breached his fiduciary duty to Twitter shareholders and awarded damages for losses he caused.

Elon Musk looks down at his smartphone.
The world’s richest man is also being sued by Twitter shareholder. (Reuters: Joe Skipper)

Mr Musk owes a fiduciary duty to Twitter’s shareholders because of his 9.6 per cent stake in the company and because the takeover agreement gives him a veto of many of the company’s decisions, according to the lawsuit, which seeks class action status.

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