Curling Lawsuit Thrown Out...

[tpirfan28]

From TMZ
Slightly more detailed article about it

[pentellit]

No, the case is not over and contrary to the headline proclaiming "Bob Barker Not A Racist, Just Rules" (who the hell is "just"?), Barker's alleged racism was not even addressed in today's ruling.

[chris319]

[quote name=\'pentellit\' post=\'226382\' date=\'Sep 18 2009, 03:10 PM\']No, the case is not over and contrary to the headline proclaiming "Bob Barker Not A Racist, Just Rules" (who the hell is "just"?), Barker's alleged racism was not even addressed in today's ruling.[/quote]
Of course it wasn't addressed in today's ruling. Judge Mackey threw the case out.

Curling's attorney, Nick Alden, vowed to appeal the ruling.

Her lawsuit is finished unless they can get another judge to reverse the ruling on appeal. Good luck.

[Mr. Brown]

The last I had heard, the judge dismissed all of the charges against Barker & the show, except for one, and I apologize for not remembering what exactly wasn't dismissed.

Obviously, today the trial judge threw the whole thing out. From what I'm seeing in the article, considering I have not been down to the L.A. County court house (ever), Curling's attorney is claiming that CBS/Fremantle/Barker didn't respond to his discovery requests in order for him to pursue a fruitful lawsuit against them... my bet is his appeal will be based solely on the discovery request alone.

That's not much to base an appeal on, especially if he didn't make any allegations of non-cooperation during the trial.

Of course, I haven't followed it as closely as some have, and certainly don't know all of the facts - I've just read her initial petition and the few news stories that have followed.

[pentellit]

[quote name=\'chris319\' post=\'226386\' date=\'Sep 18 2009, 03:20 PM\'][quote name=\'pentellit\' post=\'226382\' date=\'Sep 18 2009, 03:10 PM\']No, the case is not over and contrary to the headline proclaiming "Bob Barker Not A Racist, Just Rules" (who the hell is "just"?), Barker's alleged racism was not even addressed in today's ruling.[/quote]
Of course it wasn't addressed in today's ruling. Judge Mackey threw the case out.

Curling's attorney, Nick Alden, vowed to appeal the ruling.

Her lawsuit is finished unless they can get another judge to reverse the ruling on appeal. Good luck.
[/quote]
So if it wasn't addressed in the ruling, where did they get the "Barker Not A Racist, Just Rules"?

/Barker being reversed on appeal is exactly how Holly got her Million$.

[chris319]

/Reversed on appeal is exactly how Holly got her Million$.

I believe Holly had filed a countersuit, which she won. This judge simply threw the whole case out. There was no countersuit AFAIK.

Judge Malcolm Mackey dismissed the case after finding there were no issues for a trial to resolve

[pentellit]

So if it wasn't addressed in the ruling, where did they get the "Barker Not A Racist, Just Rules"?
...wink, wink

[chris319]

[quote name=\'pentellit\' post=\'226393\' date=\'Sep 18 2009, 03:40 PM\']So if it wasn't addressed in the ruling, where did they get the "Barker Not A Racist, Just Rules"?
...wink, wink [/quote]
They had to put something in their headline. A headline is not legally binding or even part of the proceedings.

[pentellit]

[quote name=\'chris319\' post=\'226395\' date=\'Sep 18 2009, 03:55 PM\']A headline is not legally binding or even part of the proceedings.[/quote]
Good thing too, because that headline is totally false and misleading.

[chris319]

The TMZ headline as written doesn't make sense. It looks like a mistake to me. "Bob Barker Not Racist, Judge Rules" would make sense.

[quote name=\'pentellit\' post=\'226401\' date=\'Sep 18 2009, 04:54 PM\'][quote name=\'chris319\' post=\'226395\' date=\'Sep 18 2009, 03:55 PM\']A headline is not legally binding or even part of the proceedings.[/quote]
Good thing too, because that headline is totally false and misleading.
[/quote]
It's misleading but not for the reasons you probably think. The judge didn't rule on anything. He threw the case out.

[pentellit]

That's exactly what I think, that the judge didn't rule on anything however the headline implies that there was a ruling that "Bob Barker Not Racist" which is totally false and definitely misleading.

[Thunder]

Denial? Check.

Anger? Check.

Bargaining? Check.

>>>

Coming up after this commercial break, we're going to feature "Depression".
Stay tuned!

[chris319]

[quote name=\'pentellit\' post=\'226409\' date=\'Sep 18 2009, 06:38 PM\']That's exactly what I think, that the judge didn't rule on anything however the headline implies that there was a ruling that "Bob Barker Not Racist" which is totally false and definitely misleading.[/quote]
Right you are.

[NickS]

[quote name=\'chris319\' post=\'226402\' date=\'Sep 18 2009, 07:26 PM\']The TMZ headline as written doesn't make sense. It looks like a mistake to me. "Bob Barker Not Racist, Judge Rules" would make sense.[/quote]

I think we're looking at a case of "HEY WE'RE TMZ WE CAN MAKE A FUNNY HEADLINE AND THINK WE'RE JOURNALISTS WHEN WE'RE GLORIFIED BLOGGERS."  Other than aggregating the story, I'm considering the source that aggregated it and then take a pound of Kosher salt with it.

[chris319]

Here is the straight reportage version:

Judge Malcolm Mackey dismissed the case after finding there were no issues for a trial to resolve

And here is the wacky TMZ version which is totally at odds with the above version:

ruling the claim by a former black show employee that Barker tolerated racism was bogus.

To me it doesn't sound like he ruled one way or the other -- he just threw the case out.

TMZ version:

a former black show employee

She must have the same skin pigment affliction Michael Jackson had.

"a black former show employee". See, I'm too smart to work on TMZ.