Legal News for Fri 10/25 - Hollywood Weaponizes Anti-SLAPP Laws, Stalled Tax Relief for Hostages, Menendez Brothers' Parole Bid and Baltimore Bridge Ship Hit With $102m Settlement

Minimum Competence

This Day in Legal History: First Televised Trial

On October 25, 1988, New York marked a significant moment in legal and media history by televising its first-ever courtroom trial—the highly publicized murder case of Joel Steinberg. Steinberg, a disbarred attorney, was accused of the brutal abuse and subsequent death of six-year-old Lisa Steinberg, his illegally adopted daughter. Public outrage and media interest were intense, and the televised trial offered viewers unprecedented access to courtroom dynamics, evidence presentation, and witness testimony. This coverage came as part of an experimental initiative in New York, designed to gauge whether the public's right to access the legal process through television could coexist with the fairness and decorum of courtroom proceedings.

The trial captivated audiences and sparked debates over the benefits and pitfalls of televised trials. Advocates argued that broadcasting trials promoted transparency and public understanding of the judicial system. Opponents, however, voiced concerns that television could disrupt proceedings, influence witness behavior, and introduce bias by swaying public opinion. Steinberg’s trial ultimately led to his conviction for manslaughter, though the broader implications of the experiment reached far beyond this single case.

The success of this experiment paved the way for the launch of Court TV in July 1991, which would go on to cover high-profile cases like those of O.J. Simpson and the Menendez brothers, changing public engagement with the legal system. This development marked a shift toward greater media access in courtrooms across the United States, though the debate over its impacts continues today. The Steinberg case remains a key moment in the intersection of law and media, shaping how future generations would come to witness and understand legal proceedings through their screens.

Hollywood studios frequently use California’s anti-SLAPP law to counter idea theft lawsuits, claiming free speech protections to halt proceedings and requiring plaintiffs to demonstrate their case has merit early on. The anti-SLAPP statute was originally designed to protect individuals from strategic lawsuits stifling public participation, but it now often benefits large corporations in creative disputes. Once defendants claim free speech protections, plaintiffs face restrictions on discovery, potential delays from appeals, and the risk of paying hefty legal fees for defendants if the motion is successful. Recent court decisions, like Musero v. Creative Artists Agency and Norman v. Ross, have strengthened the effectiveness of anti-SLAPP motions in these cases, making it challenging for creators to bring successful suits.

While the Ninth Circuit previously allowed some idea theft claims to proceed in federal court (e.g., Jordan-Benel v. Universal), California state courts have since diverged, making such claims nearly impossible to win in state court. This split between federal and state interpretations creates additional uncertainty for plaintiffs. Attorneys now approach idea theft claims cautiously, noting the costs, time, and complexities due to anti-SLAPP law. Even with valid claims, plaintiffs may struggle against the heavy evidentiary burden, and fewer lawyers are willing to take on such cases in California’s current legal landscape.

Hollywood Studios Use Free Speech Law to Beat Idea Theft Suits

A bipartisan bill that would provide tax relief for U.S. citizens held hostage abroad is stalled in Congress. The Senate bill, introduced by Senator Chris Coons, seeks to delay tax filing deadlines and waive penalties for detained individuals and their spouses. Supporters argue that wrongful detainees should not face IRS penalties for missed deadlines due to captivity, and inaction would leave affected Americans liable for accumulating penalties. This issue has gained urgency following recent hostage situations, including Americans held in Gaza and other countries.

The Senate bill’s path forward is complicated by a disagreement over legislative procedure. The Senate agreed to pass the bill without a separate vote if the House sent over an identical version. However, the House Ways and Means Committee chose to advance a different bill, introduced by Rep. Claudia Tenney, which merges tax penalty relief with changes to the process for revoking tax-exempt status for groups linked to terrorism. House Republicans believe the merged bill improves the original, but this approach risks delaying or blocking the legislation entirely, as the Senate is less likely to approve the modified version. If the House does not pass the original Senate bill, the legislation will likely be delayed until the next Congressional term.

Relief for Hostages Facing IRS Penalties Bogs Down in Congress

Los Angeles County District Attorney George Gascon announced he would recommend parole for Erik and Lyle Menendez, who have served nearly 35 years in prison for the 1989 murder of their parents. Gascon cited new evidence supporting claims that the brothers endured years of sexual abuse by their father, Jose Menendez, which could have influenced the jury's decision had it been available during their trials. Convicted in a high-profile second trial in the 1990s, the brothers argued self-defense, but prosecutors claimed they killed their parents for financial gain.

Gascon now believes the brothers, ages 21 and 18 at the time of the murders, have “paid their debt to society,” though he emphasized the severity of their crime and noted opposition within his office. He also acknowledged a recent letter from Erik Menendez describing abuse months before the murders, as well as allegations against Jose Menendez from a former member of the pop band Menudo, raising questions about abuse patterns.

The decision to expedite the case follows renewed public interest, driven by a Netflix dramatization and an upcoming court hearing scheduled for November 26. Gascon, facing re-election, denied that political motivations influenced his decision, highlighting his broader efforts to address “over-incarceration” in similar cases. Some Menendez family members support the brothers' release, while Gascon reiterated his office’s evolving stance on complex issues of sexual abuse and violence.

Menendez Brothers to Get DA Recommendation for Resentencing (1)

Prosecutor recommends parole for Menendez brothers in 1989 murder of parents | Reuters

The owners of the cargo ship Dali have agreed to pay the U.S. government $102 million after the vessel collided with Baltimore’s Francis Scott Key Bridge in March 2024, causing its collapse and resulting in six fatalities. The Justice Department had filed a $103 million lawsuit against Grace Ocean Private Limited and Synergy Marine Private Limited, both based in Singapore, to recover federal costs for cleanup and debris removal needed to reopen the Port of Baltimore. This operation required over 1,500 responders and substantial resources, with reopening delayed until June.

The Dali had reportedly experienced electrical failures leading up to the crash, prompting both a National Transportation Safety Board inquiry and an FBI investigation. Additionally, Maryland state officials are seeking separate compensation from the companies, estimating $1.7 billion to $1.9 billion to rebuild the bridge by 2028. Funds recovered for bridge reconstruction are expected to reduce costs borne by taxpayers.

Cargo-ship owner to pay US $102 million over Baltimore bridge collapse, DOJ says | Reuters

This week’s closing theme is by Johann Strauss II.

This week’s closing theme features the lively elegance of Johann Strauss II with the first movement of his Wiener Klänge im Walzertakt mit Johann Strauss, a piece that captures the unmistakable joy and sophistication of the Viennese waltz. Known as the “Waltz King,” Johann Strauss II was a composer and conductor who, more than anyone, popularized and refined the waltz into an art form beloved worldwide. Born into a musical family in 1825, he inherited his father’s musical gifts and keen understanding of public taste, quickly building on his father's legacy to establish himself as a central figure in Austrian music.

Strauss’s music became synonymous with the grandeur and charm of 19th-century Vienna. His waltzes, like the famous Blue Danube and Tales from the Vienna Woods, offered audiences sweeping, melodic expressions of life’s joyful moments and turned the city into a cultural hotspot. Wiener Klänge, or "Viennese Sounds," presents a selection of these celebrated waltzes, celebrating not only the beauty of the dance but also the rhythmic elegance that Strauss brought to the genre. The piece combines energetic and graceful passages that bring the sparkle of a Viennese ballroom to life.

Strauss was known for infusing his compositions with light-hearted elegance and rhythmic sophistication, evoking the sway and energy of couples gliding across a ballroom floor. His work on Wiener Klänge draws listeners into this vibrant world, where each waltz embodies both the simplicity and complexity that made his music timeless. To this day, his works continue to charm audiences worldwide, cementing his legacy as one of Austria’s most beloved composers. Ending with Wiener Klänge is a nod to his infectious rhythm and intricate harmonies that encapsulate Vienna's musical heritage—an uplifting conclusion to our week.

Without further ado, Wiener Klänge im Walzertakt mit Johann Strauss first movement, enjoy.

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