From the BETTER LIVING THROUGH LITIGATION Department:
My dear nephew, Daddy of Annie, sent me this which he confessed to reading on his brand new Blackberry.
Never underestimate the ability of the plantiff's trial bar to create new and imaginative causes of action to clutter up the court system. What will they call this one? "Negligent creation of Blackberry Addiction"? "Tortious Blackberry Interference With Life"? "Alienation of Spousal Affection By Blackberry"? I can't wait to find out.
(* for my non-lawyerly readers, a tort is a civil cause of action for negligence)
Never underestimate the ability of the plantiff's trial bar to create new and imaginative causes of action to clutter up the court system. What will they call this one? "Negligent creation of Blackberry Addiction"? "Tortious Blackberry Interference With Life"? "Alienation of Spousal Affection By Blackberry"? I can't wait to find out.
(* for my non-lawyerly readers, a tort is a civil cause of action for negligence)
9 comments:
Would you have a case for that last one? ;-)
I always wondered what tort meant. It sounds so funny. How did that word come to be used, do you know? I bet it came from English origins.(Answer in plain English, please, not in lawyer-speak!)
"Tort" comes from the Latin word "torquere" which means "twisted or wrong." It is also related to an Anglo-French word meaning "wrong."
Most English legal phrases have their origin in Latin--probably dating from the Roman occupation of Britian.
You could call the request line at your local radio station and ask them to play something in your tine of need like'Wedding Bell Blues" or the Dixie Chicks' :White Trsh Wedding"
I thought you were planning to be the plaintiff in one of these actins?
GG--I'm sorely tempted!
It may come to the only defense for the employer being a good offense: Adverse possession of the employee via open and notorious continuous occupation.
How about the tort of involuntary servitude?
I think employers are using wireless connectivity to keep their employees available essentially 24/7 without having to pay for that privilege. The exception to the wage and hour laws for management and professional types makes this possible, but I think it is a violation of the basic implied contract between employer and employee that there is such a thing as office hours and off-duty time.
Ok, so, I have taken a somewhat obscure tort (civil wrong other than breach of contract) and confused it with the only thing a tort can't be -- breach of contract -- well, there is tortious breach of contract. Oh, it is too late for law school exam questions. . . .
Elaine
Oklahoma
If it would help your case, we could establish some sort of support group for neglected spouses of blackberryists. Maybe we could get on one of those weepy espisodes of Oprah or something...
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