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Quote of the Day - Some husbands are living proof that a woman can take a joke. - Unknown

Headlines And Unfortunate Photographs: Are You My Sperm Donor?

Your last case before you retire from the bench is a joke.  Literally.

Seems that Marilyn Drake didn't like Jay Leno's jabs about a headline and photograph in the New York Times that discussed fertility clinics and sperm and ovum donors.  The headline, "Are You My Sperm Donor? Few Clinics Will Say" led into a story about fertility clinics' unwillingness to share information about sperm and ovum donors with recipients.  In what was an unfortunate segue, a photograph underneath that headline featured Ms. Drake seated on a couch next to her dog.  Ms. Drake was an ovum donor.

Leno joked about the headline and photograph, using an imagined dialog between Ms. Drake and her dog, "Are you my sperm donor?"  No! I have fake testicles! How could I be your sperm donor?" 

Ms. Drake was not pleased and sued, as detailed in her Complaint.  The case landed in the lap of Judge James Warren, who hears the "odd numbered cases" for writs and receivers in San Francisco County Superior Court, and is slated to retire.  This was his last case. 

He denied her claims and dismissed her Complaint, granting the defense's anti-SLAPP motion, designed to insulate protected First Amendment speech from lawsuits.  Stanley Goumas Hilton was the Plaintiff's attorney.

As far as more puns or jokes go, you're on your own on this one.  MIPTC doesn't want to have to file another anti-SLAPP motion, and I'm sticking to just the facts, ma'am.

Posted by J. Craig Williams on 6/18/2006 at 09:46 Comments (0)


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