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Bonds plans lawsuit against authors - UPDATED AGAIN!
2006-03-24 15:11
by Bob Timmermann

The attorney for Barry Bonds, Michael Rains, announced that he is filing suit on behalf of his client against authors Mark Fainaru-Wada and Lance Williams as well as their publisher Gotham books and also Sports Illustrated and the San Francisco Chronicle.

Rains is attempting to have all the profits from the book forfeited to Bonds under California's unfair competition law.

Just what the heck this means is unclear and the Griddle's crack team of legal experts is trying to figure it out. We think it has something to do with intellectual property.

Tim Marchman of the New York Sun weighs in on the seeming absurdity of this suit.

The San Francisco Chronicle goes into more detail about the legal "strategy" being used.

They [Bonds's attorneys] said they would ask a Superior Court judge to issue a temporary restraining order freezing all profits from the book. The judge would then appoint a receiver who would have custody of the funds during the suit and would distribute them to charity if Bonds won the case.

There's no chance of that, said [Eve] Burton, the Hearst Corp. lawyer. It's not illegal for a newspaper to obtain or use grand jury testimony, she said, "as long as the reporters didn't retrieve or receive the information in violation of the law," like stealing them from the grand jury room, she said.

It took 50 minutes for a judge to rule against Bonds citing "serious First Amendment issues."

Comments
2006-03-23 15:04:53
1.   D4P
We think it has something to do with intellectual property.

Yeah. If anyone is going to make money off of Bonds' tell-all steroid revelations, he wants it to be him.

2006-03-23 15:50:10
2.   Steve
Apparently (just from the description given in the article), he is talking about 17200, otherwise known as The California Lawyer Full-Employment Act. It is an extremely broad law that takes in all manner of fraud and deception by businesses. Legally, this is going to be extremely interesting.
2006-03-23 15:58:35
3.   Steve
I think the theory is going to be that the grand jury testimony was unlawfully obtained, and therefore an "unlawful business practice"
2006-03-23 15:58:36
4.   Bob Timmermann
To wit:

17200. As used in this chapter, unfair competition shall mean and
include any unlawful, unfair or fraudulent business act or practice
and unfair, deceptive, untrue or misleading advertising and any act
prohibited by Chapter 1 (commencing with Section 17500) of Part 3 of
Division 7 of the Business and Professions Code.

2006-03-23 15:59:20
5.   Bob Timmermann
But the attorney is also asking for a temporary restraining order against the book. Isn't the chance of that being granted pretty much zero?
2006-03-23 16:41:58
6.   DXMachina
Didn't Bonds withdraw from the MLBPA agreement that covers things like the use of stats and likenesses for baseball cards and sims and such like a couple of years ago? Maybe he's just trying to get a cut of the profits for using his injection stats.
2006-03-23 18:38:15
7.   Another Tom
I'm an attorney and from what I know about the law his chances of winning on those grounds are a whole lot less than zero. It's simply a PR move. If it was a serious move they wouldn't wait until the day the book was released.

And, most interesting, there is no count for libel or slander. Then again, truth is a complete defense in such cases. Hmm....

2006-03-23 18:58:22
8.   Steve
More from the Chronicle spelling out the legal strategy:

http://tinyurl.com/mwcbn

I should be clear that I don't think any of this will work, only because the Holy Grail of 17200 is too lucrative to let it be risked for the sake of Barry Bonds.

2006-03-24 11:47:36
9.   bluetahoe
Another Tom, maybe you can best answer this for me.

A judge in Vermont recently 'slapped the wrist' of a child molestorer who did his perverse acts to a young girl for several years.

A judge in Columbus Ohio didn't give a man who raped a boy orally and anally for several years one single day in jail.

This leads me to my question.

How does the lawyer feel about himself? Does he feel pretty good that he got the child rapists off with a light sentence? Does he go home and smile to his wife and say "Great news, honey, I got a child rapist off today. Lets celebrate!"?

How does that work with lawyers for criminals? They just don't care about the victims, is that it? They like their face on TV, is that it? Is it about the money?

I'm watching Bill O'Reilly and this about made me barf. There was that murder in NYC of a young girl. They've found the guy who did it without a shodow of a doubt. Yet, there's some filthy lawyer on his program stating ways of how to get this murderer off, and she's smiling the whole time. Really made me sick. Who cares about the victim? Give me a break. Some lawyers truly are the scum of the world.

2006-03-24 13:50:16
10.   Steve
5 -- Have you ever considered the law Bob? Bob 1, Bonds 0.
2006-03-24 15:09:32
11.   Bob Timmermann
10
I thought I was going to law school when I went up to Berkeley, but I checked the wrong box on the grad school application.

Law
Library and Information Studies

Missed by one. Then I wondered why there were so many women in my classes. And how come none of the classes were in Boalt Hall?

Eventually I did take a class that was held in Boalt Hall.

2006-03-24 17:18:54
12.   capdodger
9
There was that murder in NYC of a young girl.
She was 25 and young woman, not a girl.

They've found the guy who did it without a shodow of a doubt.
That will be seen at trial.

Yet, there's some filthy lawyer on his program stating ways of how to get this murderer off, and she's smiling the whole time. Really made me sick. Who cares about the victim?
The DA?

Give me a break. Some lawyers truly are the scum of the world.

I would suggest that you take a quick peek at the 6th Amendment, specifically the passage that entitles the accused, "to have the assistance of counsel for his defense." Without those whom you deride as scum, this amendment, and the entire Constitution is little more than a fancy, yellowed table napkin. You don't want that, do you?

I'm watching Bill O'Reilly and this about made me barf.
Ah...

2006-03-24 17:20:48
13.   capdodger
Apologies in advance to Bob for that post.
2006-03-24 17:38:23
14.   Bob Timmermann
I thought people were going to get angry about Bonds and steroids.

Go figure.

2006-03-24 17:46:06
15.   capdodger
I just didn't understand the slagging of "Another Tom" just because he's a lawyer.
2006-03-24 17:48:22
16.   Bob Timmermann
Good point. I did not see that.

Posts like 9 will not be welcomed.

Thank you.

2006-03-24 23:48:21
17.   Another Tom
Wow, usually when I get tagged for being a lawyer it starts with "how many lawyers does it take..."

I can answer your question(?) with the typical answer - everyone is entitled to a defense. And that means everyone. And those defending the people you find reprehensible are just doing their job. How those people "just do their job" I don't know, maybe to pay the mortgage, get their kids some braces, enjoying things like food.

The sad thing is that the attorneys working in the Public defenders office are usually young lawyers who didn't do well at big schools or those who did well at small schools and got passed over by the firms paying large bucks. Most of those lawyers are just trying to make ends meet. Just like 99% of the world.

The beautiful thing about this country is also the worst thing about this country. The most difficult speech to protect is that speech who you detest - but that must be protected equally. Like your ridiculous comment about lawyers being scum for doing their job. You're entitled to your opinion, as ignorant as it may be.

Courts are pretty damn good at sorting through the morass to find the truth. Yes, occassionally things slip through - we're a country of 270m people. But it's not as often as the big screen and now tv will lead you to believe.

I would suggest you stop watching Bill O'Reilly to begin with and follow that up with not ranting about lawyers on a baseball blog. Or at least go over to The Juice and have it out with Scott.

Now, who is this Barry guy I have heard so much about...?

2006-03-25 04:35:47
18.   DXMachina
Excellent response, Another Tom.

14. "I thought people were going to get angry about Bonds and steroids."

I think I'm more amused than angry at this point, especially since it looks like he probably won't be able to make a run at Aaron's record, which will no doubt eat at him. Schadenfreude is a great thing.

2006-03-25 08:03:04
19.   screwballin
I heard on the radio that the paper threatened to file a countersuit, which would open Bonds up to having to testify in court on the veracity of some of the steroid allegations. Which would make this a pretty colossally stupid thing for Bonds to do.
2006-03-25 10:40:05
20.   Andrew Shimmin
12- I quit a job, once, writing my two weeks notice on a yellow paper napkin from the fast food joint across the street. I found this very clever, but my boss was confused when I stopped showing up. He thought it was a joke, which it sort of was. Just of a different flavor.
2006-03-25 12:37:50
21.   jeongers
19 - There's precedent, here:

http://tinyurl.com/rlryo

Assuming Bonds actually did use illegal steroids, he should do everything he could to stay away from the courts. Of course, British libel laws are different from the ones here.

I can't believe I just compared Barry Bonds to Oscar Wilde . . .

2006-03-25 15:22:59
22.   grandcosmo
21. Leaving out the paedophilia right?

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