Thursday, November 09, 2006

Borat frat suit? hahahahahahaha

This is the funniest thing I have seen yet: Frat Sues Borat. The write-up there tends to contradict what was said in this write up, but obviously I'm not giving too much weight to what some reporter says. I'm sure the actual details/complaint of this "John Doe" suit will be on Smoking Gun's website soon enough.

Of course, this is all monday morning quarterbacking and just an unresearched editorial opinion, but the fact that these clowns have brought suit against the movie producers is just funny. As I have previously discussed when I pointed out how ridiculous their OWN BROTHERS made themselves (and implicitly, their fraternity) look, the Chi Psi brothers involved in this suit face several uphill battles. Now I haven't seen the contract, and will not bother to chime in on my thoughts beyond this post, but setting aside the misleading nature of the whole thing, they signed it (probably without really reading what they signed) and they accepted payment for it. I doubt they are challenging the contract itself, so that means they are challenging the making of the contract and additionally trying to go beyond the four corners of the contract to explain why they took the money.

I suspect that had they read what they signed, they would have seen a rather specific contract explaining away most of what they probably were told (probably quite generally and quickly) and further, they probably agreed to some sort of arbitration or non-recourse by signing and accepting payment. So they signed it without really reading it, took the money, and did the interview. Now whether alcohol was involved or not raises some issues, and the sneaky nature of the whole thing raises some other issues, but I think they would have to be pretty drunk to win on that point and the fraud argument seems like a tough row to hoe also. Wasn't there a case about someone who promised to sell their farm after having a few too many drinks? Obviously some lawyer(s) think they will have a great payday with this one so there must be some merit with the fraud defense.

If anything, this case serves as a lesson to read what you sign and receive payment for. And maybe to watch what you say if a camera is on you. At best it will wind up settling as a nuisance claim through arbitration or mediation, but I would love for an opinion to be written on this one just to exploit further the absurdity of this whole thing. In either case, it's still pretty funny. Take my free opinion for what it's worth...

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