Take Two Files Suit Against Jack Thompson

Bullied writes "Take Two has tired of Jack Thompson's frivolous lawsuits and has filed a federal lawsuit in the Southern District of Florida to prevent him from filing any more 'nuisance' lawsuits. 'Take Two argues that the lawsuits violate its First Amendment rights to free expression, but it also claims that the suits are so vague as to be unconstitutional. "This unconstitutional vagueness will have a chilling effect on Plaintiff as well as Plaintiff's customers," says the company. "Plaintiff's distributors likely will respond to the uncertainty and fear of penalties by withholding Plaintiff's video games from the public."' Take Two also cites the disruptive effect Thompson's suits have on its retail partners."

Re:Can they win?

[tomstdenis]

Likely the injunction seeks to prevent a type of lawsuit from being presented (re: the baseless kind). I imagine if Take Two broke into his home he could legally sue then.

But, I should point out that even though [for example] you have the right of free association, that can be stripped (re: prison, restraining order, etc).

So as punishment for filing baseless lawsuits, I can see a judge ordering that Thompson leave Take Two the fark alone.

Tom

Re:Can anyone fill in legal details?

[tomstdenis]

You can get disbarred for filing falsified court documents. As for being a pain in the ass, aside from contempt I don't think so.

In this case though Take Two is looking to enjoin him from filing lawsuits over two specific games on the basis that his previous lawsuits have all been without merit. Frankly, the guy is an assclown. He has had zero effect on the sales of the games and is making enemies all over the world. He should be proud.

Tom

Re:Can they win?

[Dorceon]

The term you're looking for is Barratry [wikipedia.org].

Re:Can they win?

[nuzak]

> Is it even possible to be disallowed from filing lawsuits.

Partly -- google for "Vexatious Litigant". Florida passed such a law to amend their rules civil procedure in 2000. http://www.ccfj.net/VexLitbill.htm [ccfj.net]

This is a federal lawsuit though, and I'm not actually aware of any federal rules on vexatious litigation -- in fact, federal court is usually where such people go to keep filing their suits.

Re:Can they win?

[plover]

Thompson better tread more lightly. According to Dante, he's bound for the eighth circle of Hell with the other barrators. (Consider that murderers and sodomizers only descend as far as the seventh circle!)

According to Wikipedia [wikipedia.org]:

Bolgia 5: Corrupt politicians (barrators) are immersed in a lake of boiling pitch, guarded by devils, the Malebranche ("Evil Claws"). Their leader, Malacoda ("Evil Tail"), assigns a troop to escort Virgil and Dante to the next bridge. The troop hook and torment Ciampolo, who identifies some Italian grafters and then tricks the Malebranche in order to escape back into the pitch. (Cantos XXI through XXIII)