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Infamy or Praise

Updated: 2018-01-15T08:24:56.764-08:00


TGIS: Thank God It's Schadenfreude! (325)... The Sequel!


This week's bonus joy in the misfortune of others comes courtesy of Reuters (from Thursday, June 23; link good at time of posting):
A player in Melbourne who was left in agony after the ball struck his groin was sent off when the referee spotted he had an intimate piercing.

Aaron Eccleston, playing for Old Hill Wanderers against Swinburne University reserves, was shown a second yellow card for the offence in the first half of the match.

The Sydney Morning Herald reported that the incident happened while Eccleston was sprawling on the grass in pain. According to an opponent, when the player instinctively lowered his shorts to "check that it was still there", the referee spotted the piercing – and when Eccleston refused to remove it, he was dismissed.

The laws of the game forbid players from wearing items, including jewellery, that are "dangerous to himself or another player".


"He subsequently received two yellow cards, firstly for re-entering the field of play without the referee's permission, and secondly for privacy reasons being unable to prove that he had removed the piercing."
[Previous TGIS]

TGIS: Thank God It's Schadenfreude! (317)


This week's joy in the misfortune of others comes courtesy of The Telegraph (from Thursday, April 21; link good at time of posting):
The Copa del Rey is crushed under the wheels of Real Madrid's team bus after Sergio Ramos drops it off the open top deck amid chaotic celebrations in Madrid.

The Real defender accidentally dropped the cup, 18 years after a Real Madrid player last had his hands on it, as he waved to fans who had gathered in Madrid to greet the team on their return from Valencia.

"The cup fell, it fell," Ramos said according to Europa Press agency. "But the cup is OK."

It was recovered by members of Spanish police who returned it to the driver.
[Previous TGIS]

TGIS: Thank God It's Schadenfreude! (287)


This week's joy in the misfortune of others comes courtesy of the Telegraph (from Wednesday, September 15; link good at time of posting):
Seventeen-year old Luke Angel expressed his views on America's president after watching a television programme about September 11 attacks on New York.


Officers visited Mr Angel at his home in Silsoe, Bedfordshire, where he admitted to sending the email, but claimed that he could not recall his exact words.

A spokeswoman said no action was taken after officers concluded that he was "being silly".


"I don't remember exactly what I wrote as I was drunk," Mr Angel told The Sun. "But I think I called Barack Obama a pr---. It was silly – the sort of thing you do when you're a teenager and have had a few."

"The police came ‘round took my picture and told me I was banned from America forever," the 17-year-old said.

"I don't really care," he added, but "my parents aren't very happy about it."
[Previous TGIS]

Blawg Review Puts on the Foil


I used to be a hockey fan. Over the years, though, my interest has waned to the point where it would be inapt to call it "interest" any longer. To some degree, this was a natural thing — my favorite players were traded-away, declined, and retired and my favorite team languished in the standings season after season. Still, what really killed my interest in hockey was the NHL.

I was one of the many fans who drifted-off during the 2004-5 canceled season and never returned. These days, I don't bother to check the standings or even to watch an entire game when it's on local TV, but I'll happily watch hockey in the Olympics or in-person if given the opportunity. After the lockout year, the only hockey team I'll go out of my way to watch are the Charlestown Chiefs.

Whether you're in the camp which puts most of the blame for the lockout on then-NHLPA Executive Director (and University of Detroit Law alumnus) Bob Goodenow or the one which faults NHL Commissioner (and NYU Law alumnus) Gary Bettman, it's fair to say that lawyers killed my interest in professional hockey. With such residual bitterness, it's unlikely that lawyer R. David Donaghue could rekindle that interest, even with his fine Stanley Cup-themed Blawg Review #277 at his Chicago IP Litigation Blog site. Highlights include ponderings on pet trusts (and if you can't trust your pet, who can you trust, really?), the origins of inventions, and how best to kill a law firm.

The no doubt hockey-loving Canadian Omar Ha-Redeye will host next week's Blawg Review #278 at the Law is Cool blog.

Until the vuvuzela came along, I'd always regretted losing my hearing.


Andrew Raff hosts this week's Blawg Review #269 at his IPTAblog site. The occasion is World Music Day and no discussion of world music during the World Cup would be complete without some mention of the ubiquitous vuvuzela horns heard during matches (not to mention the nightmares of soccer fans everywhere). Raff discusses the trademark status of "vuvuzela" in the course of rounding-up the best legal blogging of the past week. Highlights include discussions of Jazz' death-by-copyright, the impact of the Limewire decision, and the ease of online stalking. Dave Gulbransen will host next week's edition of Blawg Review at his Preaching to the Perverted blog.

A Round Tuit (33)


When it comes to legal blogging, there seems to be no shortage of writing worth reading once one gets around to it.What's that? You have no round tuit? My friend, you are fortunate indeed, for never before in human history have round tuits been so readily available. If you need one, Carbolic Smoke Ball Co. has them in stock.While you place your order, I'll share a few posts which are worth your attention.In the Monty Python episode "Blood, Devastation, Death, War, and Horror", a television presenter portrayed by Michael Palin uses an elaborate gesture to indicate to his audience that the natural pauses and breaks in his monologue are just temporary, that his speech will continue once he catches his breath, and that they shouldn't wander off. In another episode, Graham Chapman's "Biggles" is obliged to don and doff a set of antlers to indicate to his dimwitted courtesan... er, secretary whether he's dictating a letter or simply speaking to her. Frankly, if either of these approaches had been recommended by the Berghuis v. Tompkins Supreme Court to clarify in-custody discussions between police and suspects, it would've been nearly as sensible as what they did choose.In Berghuis, Thompkins had been taken into custody by local police. He was read his Miranda rights and asked to sign a waiver of those rights. Very sensibly, he did not sign the waiver; somewhat less sensibly, he also did not request an attorney and expressly state that he would not answer police questions without an attorney present. Over the course of three hours, Thompkins sat quietly while interrogators peppered him with questions. As Steven Shapiro noted in a Wall Street Journal opinion piece:Until the very end, Thompkins made only two comments of note: He declined a peppermint candy that the police offered and he complained that his chair was uncomfortable.Thompkins said nothing else of substance in response to a barrage of police questions. He did not answer the easy questions and ignore the hard ones. He did not answer questions at the beginning of the interrogation and then stop talking later. The police themselves characterized the interrogation as "nearly a monologue."Still, the police persisted. After nearly three hours, Thompkins was asked whether he believed in God and whether he had asked God to forgive him for his crime. A police officer later testified that Thompkins said "yes" to both questions, and Thompkins was convicted of murder.If that sort of questioning causes you to flash-back to first-year Criminal Law lectures and the Brewer "Christian Burial" case, you're not alone. Scott Greenfield called the Berghuis questioning "A Christian Burial, Redux" and noted that this dimunition of Miranda hinged on one justice's decision:We've been down this road before. Every law students studies the 1977 decision of Brewer v. Williams, where the defendant invoked his 6th Amendment right to counsel. Yet police continued to try to get Williams to talk, manipulating him with an appeal to his deep religious beliefs, that the parents of the young girl he murdered should be able to have a Christian burial. Williams led police to the body.Much is packed into the Supreme Court's Berghuis v. Thompkins decision, Much surrounds it. It's a 5-4 decision, thus leaving the rights protected by our Constitution in the hands of a single individual, Justice Anthony Kennedy, whose individual views more than any other dictate the fundamental law of the United States of America.....The way it's told, the decision is ironic in that a defendant is required to speak to remain silent. Putting in these terms makes it almost cute, not to mention silly. It isn't as vast a departure from our understanding of the tortured use of Miranda to protect police interrogations as some suggest. Before this decision, defendant's were required to invoke the right to remain silent or the right to counsel in a clear and unambiguous way. This alone tripp[...]

A Round Tuit (32)


When it comes to legal blogging, there seems to be no shortage of writing worth reading once one gets around to it.What's that? You have no round tuit? My friend, you are fortunate indeed, for never before in human history have round tuits been so readily available. If you need one, Carbolic Smoke Ball Co. has them in stock.While you place your order, I'll share a few posts which are worth your attention.I've written a few times before about American Needle v. National Football League, wherein manufacturer American Needle alleged that the NFL's exclusive apparel licensing deal with Reebok violated antitrust rules. The antitrust allegations made by American Needle and the NFL's counter-arguments raise interesting, if not monumentally important, legal issues and deserve some consideration. Mostly though, these Round Tuit posts reflect my own whims and I enjoy it when legal issues arise in sports and don't involve an overpaid crybaby getting into trouble in a nightclub. About the modern NFL, analysts often talk about the parity amongst teams in the league. Constructs like the salary cap and draft structure have been carefully designed by the league to ensure that fan interest across the country is not damaged by the dominance of a few large-market teams over their smaller-market brethren. They've been largely successful at this, as the NFL's staggering television and merchandising revenues attest. In terms of play, the game has never been stronger; while there are a few perennial losers, the talent is distributed across the league such that on any given Sunday (or Monday or Thursday or Saturday or whenever someone will pay to broadcast a game), even an underdog can prevail. Unless it's Seattle.Against the NFL, American Needle was an underdog. As Ashby Jones reported, however, they not only won but won big:American Needle clobbered the league, in a unanimous 9-0 decision penned by Justice John Paul Stevens. We had no dissents and no concurrences. This was an unadulterated blowout. This was the 1940 NFL Championship game; the 1986 Super Bowl.....American Needle, which had individual licensing deals with NFL teams, sued, arguing the NFL’s exclusive deal with Reebok violated antitrust rules. The NFL argued that it is a single entity with 32 teams that compete with each other in football but not in business, where the teams collectively compete with other sports and forms of entertainment. American Needle countered by arguing that the league was actually a collection of 32 independent entities — i.e., all the teams.....The Supreme Court on Monday essentially ruled that the NFL is composed of 32 separate business entities.....Therefore, the Court ruled that Section 1 of the Sherman Antitrust Act applies to the NFL, and ruled that any unilateral decision made by the NFL that affect all the teams shall be viewed under the so-called “Rule of Reason” for antitrust purposes. Under the “Rule of Reason,” a lower court has to examine all of the circumstances to determine whether and to what degree the action is anticompetitive.Lyle Denniston also noted the decision and that the adverse result for the NFL contrasts with the favored treatment allowed to Major League Baseball:Rejecting the National Football League’s claim that it has across-the-board immunity to antitrust law when its teams join in a commercial activity, the Supreme Court unanimously cleared the way Monday for trial of a lawsuit against the joint marketing of the right to use the teams’ logos and trademarks on consumer goods. The ruling applied only to that specific joint venture, and did not cover any other collective action that the NFL — or any other pro sports league — might carry out. The Court also did not decide whether the NFL did in fact act illegally in this specific marketing effort; that will be decided at a trial, with the legality weighed under a “rule of reason” standard..[...]

TGIS: Thank God It's Schadenfreude! (259)


This week's joy in the misfortune of others comes courtesy of Bild (via Deadspin) (from Thursday, February 25; link good at time of posting):
A switched-off mobile phone spelt the end of speed skater Patrick Beckert’s Olympic dream.


As an Olympic substitute he would have been able to take the place of Italy’s injured athlete Enrico Fabris in the 1,000-metre event.

But at the crucial moment the 19-year-old couldn’t be contacted because his mobile was switched off!


Beckert was substitute number four. The three other athletes were also unreachable.
[Previous TGIS]

The Host with the Most


It takes a small army of people to mount a successful Winter Olympics (and even more when Mother Nature is uncooperative) or to host a successful Winter Olympics-themed Blawg Review. While their hometown manages the former, the attorneys of Clark Wilson LLP accomplish the latter with Blawg Review #251, hosted this week at their Canadian Trademark Blog.

For those of us who cannot experience the Winter Olympics because we are pitifully unathletic, are unable to travel to Vancouver this month, or are are obliged to watch NBC, whose Olympics coverage does not actually show Olympics events, this week's Blawg Review gives us a sense of what we're missing. Highlights include the sights of Vancouver and the sites where local cannabis is easily procured, the infrastructure investments for the games and the litigation these have spawned, and the "green" Olympics and the green the Olympics organizers expect in exchange for advertising use of Olympics-related terms.

The group bloggers at the Law Firm Web Strategy Blog will host next week's Blawg Review.

A Round Tuit (17)


When it comes to legal blogging, there seems to be no shortage of writing worth reading once one gets around to it.What's that? You have no round tuit? My friend, you are fortunate indeed, for never before in human history have round tuits been so readily available. If you need one, Carbolic Smoke Ball Co. has them in stock.While you place your order, I'll share a few posts which are worth your attention.Though it's been discussed before, the practice of ghost-writing legal blog posts received fresh scrutiny this week, thanks to a number of prominent bloggers. The rise of marketing-driven legal blogs has, somewhat predictably, prompted a similar rise in the number of individuals and companies offering to write posts for those blogs for a fee. In some instances, those posts are attributed to their true authors and simply hosted on attorneys' blogs; in others, posts are truly ghost-written — that is, written by one person and falsely represented as the work of another.This severely undermines the value of a medium predicated on authentic, unfiltered, and unmediated communication. Notwithstanding, it seems safe to venture that a firm's or attorney's blog need not be written solely by those attorneys to be valuable, both substantively and in terms of marketing value, and ethical (provided that the contents of posts do not comprise legal advice offered by non-lawyers or other matters which run afoul of ethics rules). Whether posts are valuable is largely a subjective question; whether these are ethical is, or should be, a more objective inquiry.For many leading attorney-bloggers, the ghost-writing issue is a clear-cut one, even under existing ethics rules. Mark Bennett was at the center of the ghost-writing discussion this week. He characterizes false attribution as simple and unethical marketing deception:Holding someone else’s resume, face, or results out as your own in marketing your practice is fraudulent. No ethical lawyer could possibly think that any of that would be okay.So how is it okay for a lawyer to hire a ghostwriter to write his blog?When a client hires a lawyer, more than the results or the face or the résumé, he’s paying for the lawyer’s knowledge, intellect and heart—attributes that good writing reveals and ghostwriting falsifies.Jenni Buchanan, who writes as a ghost blogger for a number of attorneys, defended the practice:The ethics of having a ghostwriter in a field that is still in many ways expected to be transparent is something that I discuss with each and every one of my clients; that is why some of my clients choose to have my tagline at the bottom of each post that I write for them, and every client of mine knows that I expect them to read and approve every post that appears on their blog. Personal and professional responsibility is not something I neglect or take lightly.While some of Buchanan's clients do attribute her posts to her, Bennett pointed out that others amongst her clientele do not. In response to Buchanan's request for Bennett to remove references to those of her clients who have attributed her work to themselves, Bennett (and others) suggested that her claims about the solid ethics of ghost-written posting are not convincing even to those who've used her services:Blogging is not so novel that there are no precedents.....It is very important for the discussion of the ethics of lawyers using ghostbloggers to be conducted publicly, in full view of those who might be affected by lawyers’ marketing choices—not only the clients whose fortunes and futures might be at stake, but also the lawyers whose reputations are at stake. You take professional responsibility seriously, but your clients are the ones with their licenses and their reputations on the line.It is crucial that those with ultimate legal and ethical responsibility for [...]

A Round Tuit (15)


When it comes to legal blogging, there seems to be no shortage of writing worth reading once one gets around to it.What's that? You have no round tuit? My friend, you are fortunate indeed, for never before in human history have round tuits been so readily available. If you need one, Carbolic Smoke Ball Co. has them in stock.While you place your order, I'll share a few posts which are worth your attention.The American Needle case is scheduled to be argued before the Supreme Court today. While other matters may be more legally significant, it's probable that no other case in recent memory has received so much attention from New Orleans Saints quarterback and National Football League Most Valuable Player runner-up Drew Brees. Brees demonstrates his football intelligence on a weekly basis; it turns out that he's a pretty savvy legal observer as well as he discusses what's at stake in the case:The NFL originally won the case because the lower courts decided that, when it comes to marketing hats and gear, the 32 teams in the league act like one big company, a "single entity," and such an entity can't illegally conspire with itself to restrain trade. The NFL-Reebok deal is worth a lot of money, and fans pay for it: If you want to show support for your team by buying an official hat, it now costs $10 more than before the exclusive arrangement.Amazingly, after the NFL won the case, it asked the Supreme Court to dramatically expand the ruling and determine that the teams act as a single entity not only for marketing hats and gear, but for pretty much everything the league does. It was an odd request -- as if I asked an official to review an 80-yard pass of mine that had already been ruled a touchdown. The notion that the teams function as a single entity is absurd; the 32 organizations composing the NFL and the business people who run them compete with unrelenting intensity for players, coaches and, most of all, the loyalty of fans.I know of this competition because, along with hundreds of other professional football players, I live it every week of the season. I also know about it because in 2006, after five years with the San Diego Chargers, I became a free agent and witnessed firsthand the robust competition among teams for players.....I could choose to sign a contract with the Saints because of a crucial player-led antitrust lawsuit in 1993 that secured players' rights to sell our services as free agents. Until that case, team owners had acted together to control players and keep salaries low, while the popularity of the game and teams' revenues grew exponentially. Today, if the Supreme Court agrees with the NFL's argument that the teams act as a single entity rather than as 32 separate, vigorously competitive and extremely profitable entities, the absence of antitrust scrutiny would enable the owners to exert total control over this multibillion-dollar business.Mike Masnick wrote that Brees' op-ed piece was "quite well argued" and noted that "Like plenty of other businesses, sports leagues have a keen understanding of what monopoly rents are, and do everything possible to profit from them." Ashby Jones spoke with some of the key players in the drama and posted about the potential impacts of the Court's decision; he suggested that Brees may not be far off in asserting that the NFL's main focus is not necessarily on merchandising revenues but on labor relations:The issue is huge for the NFL. A decision that the league is comprised of 32 separate entities could wreak havoc on the way it handles a ton of issues, from marketing to broadcast rights.But experts and interested parties feel the largest implications might be on the labor front. Currently, antitrust law prohibits teams from colluding on labor issues. It keeps them from unilaterally agreeing on salary [...]

A Blawg Review Without Blarney


Máiréad Enright hosts a no-nonsense Blawg Review #239 at the group blog Human Rights in Ireland. For decades, Ireland and Britain were at odds over the status of Northern Ireland and atrocities committed against Britons by Irish terrorists. This week, as Enright notes, Ireland finds itself as one with England after suffering a grievous handball-caused injustice in a World Cup-related soccer match. In 1986, England were eliminated from the World Cup following Diego Maradona's appalling "Hand of God" goal; this past week, Ireland were eliminated from qualifying for next year's World Cup by an egregious handball committed by France's Thierry Henry. English-Irish Brotherhood ensues.

Bravely soldiering-on after this football disappointment, Enright gathered together the best legal blogging of the past week, with an understandable focus on Irish blogs. Highlights included the state of political advertising in Ireland, the rights of Irish children and issues relating to children's religious identity, and a discussion of the "rapprochement" between the United States and the International Criminal Court.

Andrew Raff will host Blawg Review #240 next Monday at his IPTAblog site.

TGIS: Thank God It's Schadenfreude! (227)


This week's joy in the misfortune of others comes courtesy of Yahoo! (from Wednesday, July 8; link good at time of posting):
It was assumed he was called "King James" because he reigns on the basketball court. But maybe LeBron James earned that nickname due to his tyrannical ways (in dealing with embarrassment).

On Monday, Jordan Crawford, a sophomore at Xavier (by way of Indiana), reportedly dunked on LeBron during a pick-up game at the LeBron James Skills Academy. Gary Parrish of wrote that one high school player said, "it was bad" . . . .

LeBron must have agreed, because he had Nike officials confiscate the two videos that were taken of the dunk. (Parrish blames Nike, but reading between the lines it seems like the censorship was orchestrated by LeBron himself.)

. . . .

The Crawford dunk would have been a temporary embarrassment for LeBron. Let's say the video was put on YouTube. It blows up for a bit, dominates blogs for 36 hours, everyone has a good chuckle and then it's forgotten about.

But by censoring the tape, LeBron turns the dunk into a legend. On video, it's just a dunk. Without video, the jam can reach mythic proportions. Because nobody can see it, the story of the dunk will grow in stature with each telling. Today, it was a simple two-handed slam. In a few days, it will be a 360-degree windmill. By the time Crawford makes his Xavier debut in October, he will have jumped off LeBron's shoulders, flipped in the air, slammed the ball home with his left pinkie and then handed LeBron $3.99 for his dry cleaning.

[Previous TGIS]

TGIS: Thank God It's Schadenfreude! (223)


This week's joy in the misfortune of others comes courtesy of Deadspin (from Wednesday, June 10; link good at time of posting):
Reebok belatedly discovers that they gave a shoe contract to [Marcin Gortat,] a white guy with an "Air Jordan" tattoo on his leg.

[Previous TGIS]

TGIS: Thank God It's Schadenfreude! (220)


This week's joy in the misfortune of others comes courtesy of The Canadian Press (from Monday, May 18; link good at time of posting):
The Belgian bodybuilding championship had to be cancelled after anti-doping officials showed up and all the competitors fled.
"I have never seen anything like it and hope never to see anything like it again," said anti-doping official Hans Cooman. He said some bodybuilders just grabbed all their gear and ran off when he came into the room. Twenty bodybuilders were entered in the weekend competition.
"The sport has a history of doping and this incident didn't do its reputation any good," Cooman said.
Belgium's bodybuilding federation did not dispute the facts but said it could not explain why the competitors had suddenly rushed off.
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TGIS: Thank God It's Schadenfreude! (219)


This week's joy in the misfortune of others comes courtesy of The Beautiful Game blog (from Friday, May 8; link good at time of posting):

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TGIS: Thank God It's Schadenfreude! (216)


This week's joy in the misfortune of others comes courtesy of The Inquisitr (from Monday, April 20; link good at time of posting):
Ever heard of the Washington Natinals? Neither had anyone else until Friday when Ryan Zimmerman and Adam Dunn fronted a game at Nationals Park sporting jerseys with the name “Natinals” printed on them.

The error was picked up during the game, and both players switched to jerseys that read Nationals instead, but the bigger question is how it wasn’t picked up in the first place. Even putting aside an obvious manufacturing error, surely someone in the team would have noticed the missing O.

The teams excuse: they only checked the back of the jerseys when they came in, and never thought to check the front.

[Previous TGIS]

TGIS: Thank God It's Schadenfreude! (201)


This week's joy in the misfortune of others comes courtesy of the Daily Mail (via Unprofessional Foul) (from Tuesday, January 6; link good at time of posting):
Shola Ameobi has scored an own goal after telling police his home had been burgled, then realising it was just a tip.

The Newcastle striker called Northumbria Police to report a number of items had been taken from his home, including his chequebook.

But Ameobi soon realised his £500,000 pad in Jesmond, a leafy suburb of Newcastle, had not be targeted at all - it was just a complete mess.

. . . .

[T]he striker had to call the police again to admit his mistake.

. . . .

'Perhaps he had had a party and the place just looked as if it had been burgled.'

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Thanksgiving is special.


What other day of the year do I look forward to seeing the Detroit Lions play? What other day of the year does the wife look forward to getting up early to watch people walk with balloons down a street in New York? Ah, Thanksgiving.

In this, the calm before the culinary storm to come, consider a more noble purpose for this day. As you pause to give thanks for your friends, family, and freedoms, why not contribute to help those who've given so much to secure those things?

I've written recently and in years past about Project Valour-IT and that fundraising gauge has lived in the sidebar for some time now; if you've not taken a moment to consider contributing, please take that moment now. This fundraising effort is now up to nearly $73,000 overall, with the Army team's contribution the largest of all the branches, at more than $30,000. Thanks to all of you who've joined me in contributing thus far!

Happy Thanksgiving to you all! My sympathies go to those of you who root for the Lions (or, Heaven forbid, play for them); I started this post just after kickoff and now, approximately 20 minutes later, the Lions are down by 11 points. Lions fans, may the turkey and trimmings you will later enjoy remove the bitter taste in your mouths this season.

TGIS: Thank God It's Schadenfreude! (187)


This week's joy in the misfortune of others comes courtesy of ESPN Soccernet (from Tuesday, September 30; link good at time of posting):
TThe debacle at Newcastle United shows no sign of coming to an end as Joe Kinnear found an empty training ground on his first official day as interim manager.

The former Wimbledon, Luton Town and Nottingham Forest boss was expected to begin work on reviving the team's fortunes after five consecutive defeats, but arrived on Monday to discover the squad had been given the day off.

It is the latest in a catalogue of stunning developments on Tyneside as the club lurches from one disaster to another.

Kinnear himself experienced it first hand the moment he arrived in Newcastle when no club official met him at the airport meaning he had to pay for a cab to take him to St James' Park.

And then it transpired that the 61-year-old has a two-match touchline ban from his time at Forest four years ago for calling a referee 'Coco the Clown' which means he will not be able to take his place on the bench until October 20 - with his contract expiring on October 31.

[Previous TGIS]

TGIS: Thank God It's Schadenfreude! (184)


This week's joy in the misfortune of others comes courtesy of The Beautiful Game (from Tuesday, September 9; link good at time of posting):
Stupid injuries are the best. Gotta love rich athletes absolutely humiliating themselves.

Enter Fabian Espindola.

He's a pretty good soccer player for Real Salt Lake in Major League Soccer.

In a game against Los Angeles Beckhams Galaxy, Espindola scored an apparent 6th-minute goal. So excited he attempts one of his customary back-flips, only to break his leg on the landing.

"I'm embarrassed, "said Espindola, who celebrated goals with a flip since his days as a youth player in Argentina. "I'm never going to do that again. I don't know what happened. I've done it a million times. If I would have known I never would have done it."

Even worse, his goal was disallowed for offsides.

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TGIS: Thank God It's Schadenfreude! (181) . . . The Sequel!


This week's bonus joy in the misfortune of others comes courtesy of the Boston Globe Olympics Blog (from Wednesday, August 20; link good at time of posting):
After the USA men's basketball team blew out Spain recently, the majority of the Spaniards wanted nothing to do with the American media. Considering how Spain got drilled after expecting to be competitive against the U.S. and the racist ad its players were recently involved in depicting themselves as stereotypically Chinese by making their eyes slanted, it was probably best that they kept their mouths shut.

But Spain guard Juan Carlos Navarro, formerly of the Memphis Grizzlies, did come out to talk to the Spanish media for about five minutes in the mixed zone interview area. After he was done with his home country folks, I asked him a question. He responded by saying, “My English not very good.”

I told him, “Well, it was really good when you were playing for the Grizzlies. I interviewed you once by your locker.”

Navarro was stunned when I called him out and I could see that he understood every word. If they beat the Americans, I’m sure his English would have been better than mine.

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Unfortunately, there's more than one albatross for these mariners to contend with.


Let's see here. It's mid-August, the Mariners are 30½ games back in the American League West, and the authoritative U.S.S. Mariner has called the franchise "The Worst Run Organization in Baseball". I'm starting to think that perhaps that late-season run at the pennant is just not going to materialize this season after all. I know, I know; I'm such a fair-weather fan.

Thankfully, he skipped the painful post-swim interview with Andrea Kremer.


R. David Donaghue (as opposed to your David Donaghue) hosts this week's Blawg Review #173 at his Chicago IP Litigation blog.

Like much of the world's, Donaghue's attention last week was focused on Michael Phelps and his unprecedented eight gold medals in a single Olympics. Unlike our friends at NBC and in the mainstream media, however, Donaghue managed to spare enough personal bandwidth to also collect the best legal blogging of the week. His #173 manages to adeptly combine these two great topics; highlights include medical device preemption cases for the uninitiated, open source licensing's new teeth, and going the distance for a few guests at Gitmo.

D. Todd Smith will host Blawg Review #174 next week at his Texas Appellate Law Blog.

On an unrelated note, taking my cue from Messrs. Donaghue and Smith, I'll be known henceforth as C. Matthew Samuels.

TGIS: Thank God It's Schadenfreude! (180)


This week's joy in the misfortune of others comes courtesy of the With Leather blog (from Monday, August 11; link good at time of posting):
Michael Phelps kept his hopes for eight gold medals alive, as the underdog Americans scored a seemingly impossible come-from-behind win in the 4x100 free relay. Frenchman Alain Bernard (more like "Elaine"! Am I right?) had promised to "smash" the Americans, and the world record-holder in the 100 looked to be in position to do that as he anchored the French team with a commanding lead in the final lap. But Jason Lezak somehow found a superhuman gear to overtake the fastest swimmer in the world, out-touching Bernard at the final instant to win gold for USA, .08 of a second ahead of the French. The winning time broke the world record by nearly four seconds. Yeah, suck it France! And California wines are a better value, too!

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