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Lohan Needs a Personal Forum Shopper?

By Eric Lipman

While the Honorable Judge Carton has already ruled on Lindsay Lohan's suit against E*Trade arising out of the hilarious "milkaholic" baby commercial, the real suit, in a testament to the efficiency and rationality of our judicial system, is still pending. And, while there has been no shortage of mocktastic, "you've got to be f'ing kidding me" coverage of the suit since its filing, leave it to the kids at Columbia Law School to come up with a serious, if mercifully short, analysis of the case. Via the Business Law Prof Blog comes this article from the online version of the Columbia Business Law Review, in which staff member Ari Taub predicts that the case will not survive summary judgment. Give Ari a cookie. The "surprising" reason it might not survive, according to Taub, is because it was filed in New York, where Section 51 of the Civil Rights Law is more restrictive than the California equivalent, Cal. Civil Code Section 3344. Taub cites as evidence backing up his thesis two "publicity rights" cases, one decided under California law and one under New York law. The California law case, White v. Samsung, is a 9th Circuit decision from 1992 involving an...

Full post as published by Legal Blog Watch on April 06, 2010 (boomark / email).