Litigation

Judge grants new trial for plaintiff in St. Louis "Girls Gone Wild" case

By Ted Frank

Jane Doe sued various entities related to the "Girls Gone Wild" video series when they used topless images of her without her consent; apparently Doe was dancing clothed in a bar where crews were filming when a third party pulled down her top against Doe's will, and the crew never bothered to get a written or filmed waiver. It was very controversial when a jury came back with a defense verdict finding implied consent. A judge has now granted a new trial.

Assuming the court accurately and fairly related the facts, I don't begrudge the decision, which seems correct. If those facts are true, Jane Doe had a case, though the multi-million dollar demand may be high. But it's worth noting that, for all the trial bar's deification of the jury system and their attacks on any constraints on it, Juries Gone Wild is a problem that can afflict plaintiffs as well as defendants, and procedures putting checks on unreasonable jury verdicts protect both sides.

Full post as published by Point of Law on November 09, 2010 (boomark / email).