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Erin Andrews Wins $55 Million Judgment for Nude Photos

Posted: Mon Mar 07, 2016 5:14 pm
by silverscreenselect
Sportscaster Erin Andrews won a $55 million judgment in state court in Tennessee today after a stalker secretly recorded her while she was staying at a Nashville Marriott in 2008. The judgment was against the stalker and the individual hotel and its management company, not against the Marriott chain. The stalker was found 51% at fault, so that means that the hotel owner and its management company will be on the hook for 49% of the $55 million (the stalker will be on the hook for the remainder but chances of collecting that are slim).

My former employer, Courtroom View Network, has another sex tape case it's televising in Florida this week involving the wrestler Hulk Hogan and the website Gawker (the Andrews recordings were not sex tapes but did involve pictures of her without any clothes on in her hotel room).

http://www.usatoday.com/story/news/crim ... /81367588/

Re: Erin Andrews Wins $55 Million Judgment for Nude Photos

Posted: Mon Mar 07, 2016 5:54 pm
by Bob78164
silverscreenselect wrote:The stalker was found 51% at fault, so that means that the hotel owner and its management company will be on the hook for 49% of the $55 million (the stalker will be on the hook for the remainder but chances of collecting that are slim).
Are you sure that's Tennessee law on this issue? The consequence would be different in California. Here, all at-fault defendants are jointly and severally liable for the full amount of the judgment. The percentage of fault only matters (a) if plaintiff is also at fault (in which case her award is reduced by her percentage of fault) and (b) to determine how much indemnity each defendant can get from co-defendants. --Bob

Re: Erin Andrews Wins $55 Million Judgment for Nude Photos

Posted: Mon Mar 07, 2016 6:02 pm
by ten96lt
Bob#s- TN does NOT have joint and several liability (I did not Shepardize this article, but can assume it's still good being 3 years old and vicariously liability is still in effect).

http://www.howell-fisher.com/pdfs/Tenne ... bility.pdf

However, one point being brought up by an atty. I'm discussing this with is whether the case pre-dates the statute.

Re: Erin Andrews Wins $55 Million Judgment for Nude Photos

Posted: Mon Mar 07, 2016 6:21 pm
by silverscreenselect
Bob78164 wrote:
silverscreenselect wrote:The stalker was found 51% at fault, so that means that the hotel owner and its management company will be on the hook for 49% of the $55 million (the stalker will be on the hook for the remainder but chances of collecting that are slim).
Are you sure that's Tennessee law on this issue? The consequence would be different in California. Here, all at-fault defendants are jointly and severally liable for the full amount of the judgment. The percentage of fault only matters (a) if plaintiff is also at fault (in which case her award is reduced by her percentage of fault) and (b) to determine how much indemnity each defendant can get from co-defendants. --Bob
Based on this source and others, it would appear that Tennessee has several liability in most cases, except when defendants are acting in concert or products liability cases, neither of which applies here:

http://www.wilsonelser.com/writable/fil ... ty_mm4.pdf

Here in Georgia, the result would be the same. In most cases of this nature, the plaintiff will just sue the corporate defendants, and they can add the actual person who committed the assault as someone who might be liable for part or all of the damages. If that person is unknown, they can add him as a John Doe. They have to do this a certain time period before the trial begins to allow the plaintiff to prepare.

Re: Erin Andrews Wins $55 Million Judgment for Nude Photos

Posted: Mon Mar 07, 2016 8:17 pm
by TheConfessor
If everyone just took naked pictures of everyone else, we could each get $55 million and easily pay off the national debt. And yet, no politicians are willing to support this obvious solution.

Re: Erin Andrews Wins $55 Million Judgment for Nude Photos

Posted: Mon Mar 07, 2016 8:20 pm
by Vandal
TheConfessor wrote:If everyone just took naked pictures of everyone else, we could each get $55 million and easily pay off the national debt. And yet, no politicians are willing to support this obvious solution.

It's called Instagram.

Re: Erin Andrews Wins $55 Million Judgment for Nude Photos

Posted: Mon Mar 07, 2016 10:08 pm
by silverscreenselect
TheConfessor wrote:If everyone just took naked pictures of everyone else, we could each get $55 million and easily pay off the national debt. And yet, no politicians are willing to support this obvious solution.
I'm sure Donald Trump would volunteer to be photographed for $55 million.

Re: Erin Andrews Wins $55 Million Judgment for Nude Photos

Posted: Mon Mar 07, 2016 10:18 pm
by SpacemanSpiff
silverscreenselect wrote:
TheConfessor wrote:If everyone just took naked pictures of everyone else, we could each get $55 million and easily pay off the national debt. And yet, no politicians are willing to support this obvious solution.
I'm sure Donald Trump would volunteer to be photographed for $55 million.
Why does that concept make me want to do what old King Oedipus did in his later life?

Re: Erin Andrews Wins $55 Million Judgment for Nude Photos

Posted: Mon Mar 07, 2016 10:40 pm
by silvercamaro
SpacemanSpiff wrote:
silverscreenselect wrote:
TheConfessor wrote:If everyone just took naked pictures of everyone else, we could each get $55 million and easily pay off the national debt. And yet, no politicians are willing to support this obvious solution.
I'm sure Donald Trump would volunteer to be photographed for $55 million.
Why does that concept make me want to do what old King Oedipus did in his later life?
None of them seem appealing to me, but I would think that if Hillary simply threatened to take off her clothes, it would be worth a quick $110 million for her to keep them on.

Re: Erin Andrews Wins $55 Million Judgment for Nude Photos

Posted: Tue Mar 08, 2016 7:17 am
by Bubba Squirrel
silvercamaro wrote:
SpacemanSpiff wrote:
silverscreenselect wrote:I'm sure Donald Trump would volunteer to be photographed for $55 million.
Why does that concept make me want to do what old King Oedipus did in his later life?
None of them seem appealing to me, but I would think that if Hillary simply threatened to take off her clothes, it would be worth a quick $110 million for her to keep them on.
I'll pony up for that!

Re: Erin Andrews Wins $55 Million Judgment for Nude Photos

Posted: Fri Mar 11, 2016 2:09 pm
by danielh41
silverscreenselect wrote:
TheConfessor wrote:If everyone just took naked pictures of everyone else, we could each get $55 million and easily pay off the national debt. And yet, no politicians are willing to support this obvious solution.
I'm sure Donald Trump would volunteer to be photographed for $55 million.
I regularly volunteer to be drawn for 55 dollars per three-hour session. If I could multiply my pay by one million for being photographed, sign me up.

Re: Erin Andrews Wins $55 Million Judgment for Nude Photos

Posted: Fri Mar 11, 2016 2:32 pm
by littlebeast13
danielh41 wrote:
silverscreenselect wrote:
TheConfessor wrote:If everyone just took naked pictures of everyone else, we could each get $55 million and easily pay off the national debt. And yet, no politicians are willing to support this obvious solution.
I'm sure Donald Trump would volunteer to be photographed for $55 million.
I regularly volunteer to be drawn for 55 dollars per three-hour session. If I could multiply my pay by one million for being photographed, sign me up.
How do you look when drawn through a peephole?

lb13

Re: Erin Andrews Wins $55 Million Judgment for Nude Photos

Posted: Sat Mar 12, 2016 2:00 pm
by Bob Juch
littlebeast13 wrote:
How do you look when drawn through a peephole?

lb13
This (NSFW):
Spoiler

Re: Erin Andrews Wins $55 Million Judgment for Nude Photos

Posted: Sun Mar 13, 2016 4:25 am
by silverscreenselect
Bob Juch wrote:
littlebeast13 wrote:
How do you look when drawn through a peephole?

lb13
This (NSFW):
Bob:

I had no idea that's what you look like without any clothes on.

And, is it just me or did those photos look staged?