McFarlane/Twist settlement: finally

[Silver Surfer]

Not here to bash lawyers just pointing out that everyone in the whole system shares some blame not just the jury that awarded these sums. This is big business in the U.S. and I do feel that Canadians have a much more conservative approach when awarding these kind of settlements.

[trevorlsmith]

Fair enough. It does vary from state to state.

 

I was commenting because a lot of states have taken significant steps regarding contingent fee reform, and I feel there is an unfair sentiment that all attorneys collect their fees on a contingent basis, which is not the case.

 

I also wanted to point out that attorneys are not free to impose their perceived unscrupulous will on naive clients and essentially fleece them. Attorneys are subject to discipline for their actions.

 

And also, it should be pointed out that attorneys are taking a significant risk by entering into these agreements.

 

Maybe I'm just being sensitive.

[Sharkey]

Its no wonder so many people want to be lawyers in the U.S. These kinds of ridiculous suits/settlements happen every day. Wonder how much money went to the lawyers?

 

Who cares how much money went to the lawyers? It was a group of 12 non-lawyers who agreed to award that money, and the great majority of it is going to go to Tony Twist.

 

And how do you know these ridiculous suits/settlements happen every day? I sure as hell don't see stuff like this every day.

 

Sure the system of awarding these ridiculous sums are flawed but I don't see too many lawyers on TV arguing for changes. I had a eye injury years ago as a result of an improper assessment of the size of contacts that I should be wearing. Long story short I ended up scaring my cornea and my lawyer at the time said that if this case was in the U.S. I would have received 10 times more.

 

OK, but maybe he was wrong? I don't know too many Canadian lawyers who have a real understanding of what it is like to be a lawyer in the US, any more than I know any US lawyers who have a real understanding of how the courts work in Canada. Suffice it to say that if you didn't have any permanent and debilitating eye injury, I doubt you'd have hit the jackpot here.

 

Unless Todd McFarlane wrote a story about you in one of his comics, that is....

 

 

Actually, he may have a case

 

Marvel Comics had a Ghost Rider villain called The Orb -- a giant hideous eyeball. I think your cornea scarring is a disability, and due to Marvel villainizing eyeballs, you've probably been discriminated against. In addition, your scarred cornea has clearly resulted in lost potential income and lucrative endorsements as an eye model (not as popular as the hand model, but still...). Finally, you've incurred much mental anguish, emotional pain and suffering, and

 

*Sound of gavel* That's it, give him $10 million.

 

[djpinkpanther67]

....Only in America!!!

[esquirecomics]

I know a lot more about this case than I can say publicly, but Toddy sort of hung himself by admitting in court that he named the character after Twist. The merits of the case went right out the window at that point (much like a case where the prosecution improperly handled evidence but it won't get tossed because the defendent admits guilt.)

 

EDIT:

And let me just add that the jury several times was full of 'good god-fearing folk' and 'good ol' boys' from Missouri. They bring in this Hollywood-type who produces "obviously satanic material" and he's pitted against an innocent local boy who's 'just trying to get by' and you can imagine the results. I have generalized but the case was literally framed that way.

 

Good contribution. Amazing how some people opine how ridiculous a judgment is when they did not hear the evidence presented at the trial. I have no idea what the merits of the case might be, but two juries found against him so either there was evidence against him or McFarlane did something to turn the jury against him and they sent a message, or both. It happens all the time, and it is how our American jury system has worked for over 200 years.

[Silver Surfer]

[FFB]

I know a lot more about this case than I can say publicly, but Toddy sort of hung himself by admitting in court that he named the character after Twist. The merits of the case went right out the window at that point (much like a case where the prosecution improperly handled evidence but it won't get tossed because the defendent admits guilt.)

 

EDIT:

And let me just add that the jury several times was full of 'good god-fearing folk' and 'good ol' boys' from Missouri. They bring in this Hollywood-type who produces "obviously satanic material" and he's pitted against an innocent local boy who's 'just trying to get by' and you can imagine the results. I have generalized but the case was literally framed that way.

 

Good contribution. Amazing how some people opine how ridiculous a judgment is when they did not hear the evidence presented at the trial. I have no idea what the merits of the case might be, but two juries found against him so either there was evidence against him or McFarlane did something to turn the jury against him and they sent a message, or both. It happens all the time, and it is how our American jury system has worked for over 200 years.

 

On the contrary, I assumed the worst about Todd McFarlane admitting that he intentionally patterned his fictitious character as a parody of Tony Twist, and I STILL don't see how Tony Twist could claim that he was damaged to the tune of $24 million, $15 million, or even $5 million as a result of lost endorsement opportunities. If you knew anything about Tony Twist and what he was like as a hockey "professional," perhaps then you might be able to understand the point I am making. It would be like Charles Manson suing the Beatles over the song "Helter Skelter" for causing him to lose out on endorsement opportunities. If Tony Twist won, it was because of juror bias, not because he was actually harmed to the tune of $24 million, $15 million, or $5 million. And yes, I and others have a problem with that and will comment on it, if that's ok with you.

[shadroch]

This is a the sad part. Look at a 10 million dollar verdict, the lawyer takes between 34-45- percent....down to 6.5 million. The IRS takes half, now the final amount is down to 1.5 million.......

 

Not a math major,I see.

[esquirecomics]

I know a lot more about this case than I can say publicly, but Toddy sort of hung himself by admitting in court that he named the character after Twist. The merits of the case went right out the window at that point (much like a case where the prosecution improperly handled evidence but it won't get tossed because the defendent admits guilt.)

 

EDIT:

And let me just add that the jury several times was full of 'good god-fearing folk' and 'good ol' boys' from Missouri. They bring in this Hollywood-type who produces "obviously satanic material" and he's pitted against an innocent local boy who's 'just trying to get by' and you can imagine the results. I have generalized but the case was literally framed that way.

 

Good contribution. Amazing how some people opine how ridiculous a judgment is when they did not hear the evidence presented at the trial. I have no idea what the merits of the case might be, but two juries found against him so either there was evidence against him or McFarlane did something to turn the jury against him and they sent a message, or both. It happens all the time, and it is how our American jury system has worked for over 200 years.

 

On the contrary, I assumed the worst about Todd McFarlane admitting that he intentionally patterned his fictitious character as a parody of Tony Twist, and I STILL don't see how Tony Twist could claim that he was damaged to the tune of $24 million, $15 million, or even $5 million as a result of lost endorsement opportunities. If you knew anything about Tony Twist and what he was like as a hockey "professional," perhaps then you might be able to understand the point I am making. It would be like Charles Manson suing the Beatles over the song "Helter Skelter" for causing him to lose out on endorsement opportunities.

 

What I know, or for that matter any fan or hater of Mr. Twist, is irrelevant. It is what the jury knew, and I would be surprised that a portrait was not painted by trial counsel on both sides of Tony Twist and McFarland. Clearly the Twist portrait won.

 

Then again, OJ Simpson was innocent according to the criminal jury. Its all about the jury.

[FFB]

Thank you, Captain Obvious.

[topofthetotem]

So you guys mean when we go to hell were going to see Satan poking a million jury's with pitchforks and not lawyers.

[comix4fun]

Yeah, no attorney I know of would actually go into a full fledged courtroom trail for only 34 %

 

 

Then you don't know many lawyer's then...almost all civil litigation contingent fee agreements come in at 1/3rd max.

 

In the example of Medical Malpractice cases, in Illinois for example, there is a sliding scale that allows for a maximum fee of 20% for everything over $1 million dollars.

 

Chris

[Silver Surfer]

I think Twist had a successful restuarant/bar business in St Louis?

[Ze-man]

I know a lot more about this case than I can say publicly, but Toddy sort of hung himself by admitting in court that he named the character after Twist. The merits of the case went right out the window at that point (much like a case where the prosecution improperly handled evidence but it won't get tossed because the defendent admits guilt.)

 

EDIT:

And let me just add that the jury several times was full of 'good god-fearing folk' and 'good ol' boys' from Missouri. They bring in this Hollywood-type who produces "obviously satanic material" and he's pitted against an innocent local boy who's 'just trying to get by' and you can imagine the results. I have generalized but the case was literally framed that way.

 

Good contribution. Amazing how some people opine how ridiculous a judgment is when they did not hear the evidence presented at the trial. I have no idea what the merits of the case might be, but two juries found against him so either there was evidence against him or McFarlane did something to turn the jury against him and they sent a message, or both. It happens all the time, and it is how our American jury system has worked for over 200 years.

 

On the contrary, I assumed the worst about Todd McFarlane admitting that he intentionally patterned his fictitious character as a parody of Tony Twist, and I STILL don't see how Tony Twist could claim that he was damaged to the tune of $24 million, $15 million, or even $5 million as a result of lost endorsement opportunities. If you knew anything about Tony Twist and what he was like as a hockey "professional," perhaps then you might be able to understand the point I am making. It would be like Charles Manson suing the Beatles over the song "Helter Skelter" for causing him to lose out on endorsement opportunities. If Tony Twist won, it was because of juror bias, not because he was actually harmed to the tune of $24 million, $15 million, or $5 million. And yes, I and others have a problem with that and will comment on it, if that's ok with you.

 

What is funny to me is if Tony did not ever bring this up, I doubt joe public would have ever put two and two together. And his " angelic reputation" being trashed would have only been witnessed by a select few Spawn reading comic book fans.

 

BUT..this is America.

 

He saw his name in print,called his lawyer and then watched as his ship came sailing into the money harbor. So he made the necessary stink much ado about nothing,and as a result.. got paid in spades for something that should not even be allowed a jury trial. And is grinning all the way to the bank instead of thanking Todd for the homage and signing his autographed photos for $5 at the Convention Circuit like every other loser for the next 15 years.

 

 

Oopps.. did I say that out loud?

 

 

 

 

 

Ze-

[FFB]

I know a lot more about this case than I can say publicly, but Toddy sort of hung himself by admitting in court that he named the character after Twist. The merits of the case went right out the window at that point (much like a case where the prosecution improperly handled evidence but it won't get tossed because the defendent admits guilt.)

 

EDIT:

And let me just add that the jury several times was full of 'good god-fearing folk' and 'good ol' boys' from Missouri. They bring in this Hollywood-type who produces "obviously satanic material" and he's pitted against an innocent local boy who's 'just trying to get by' and you can imagine the results. I have generalized but the case was literally framed that way.

 

Good contribution. Amazing how some people opine how ridiculous a judgment is when they did not hear the evidence presented at the trial. I have no idea what the merits of the case might be, but two juries found against him so either there was evidence against him or McFarlane did something to turn the jury against him and they sent a message, or both. It happens all the time, and it is how our American jury system has worked for over 200 years.

 

On the contrary, I assumed the worst about Todd McFarlane admitting that he intentionally patterned his fictitious character as a parody of Tony Twist, and I STILL don't see how Tony Twist could claim that he was damaged to the tune of $24 million, $15 million, or even $5 million as a result of lost endorsement opportunities. If you knew anything about Tony Twist and what he was like as a hockey "professional," perhaps then you might be able to understand the point I am making. It would be like Charles Manson suing the Beatles over the song "Helter Skelter" for causing him to lose out on endorsement opportunities. If Tony Twist won, it was because of juror bias, not because he was actually harmed to the tune of $24 million, $15 million, or $5 million. And yes, I and others have a problem with that and will comment on it, if that's ok with you.

 

What is funny to me is if Tony did not ever bring this up, I doubt joe public would have ever put two and two together. And his " angelic reputation" would have only been witnessed by a select few Spawn reading comic book fans.

 

BUT..this is America.

 

He saw his name in print,called his lawyer and then watched as his ship came sailing into the money harbor. So he made the necessary stink much ado about nothing,and as a result.. got paid in spades for something that should not even be allowed a jury trial. And is grinning all the way to the bank instead of thanking Todd for the homage and signing his autographed photos for $5 at the Convention Circuit like every other loser for the next 15 years.

 

 

Oopps.. did I say that out loud?

 

 

 

 

 

Ze-

 

[topofthetotem]

and signing his autographed photos for $5 at the Convention Circuit like every other loser for the next 15 years.

 

Ze-

Oh snap! Take that guy that played Larry on three's company!

[esquirecomics]

Thank you, Captain Obvious.

 

Merely responding to your astute initial observations counselor. I forgot that you are not only the expert in all things comics, but the law and litigation as well. My humble apologies.

[sckao]

I'm not a lawyer, obviously, but from reading about this case, it's evident that Twist DID have some sort of public career off the ice. I don't know how good a hockey player he was, but apparently he was a local celebrity that hosted a local television show for a couple of years in his local market and had quantifiable product endorsements.

 

Those type of things are usually springboards for more commentator gigs so you can't really say that it didn't affect his after-hockey career...

 

http://caselaw.lp.findlaw.com/scripts/ge...invol=60729_103

 

Oops... that needed a login. It's cached if you do a Google search for "Tony Twist Fan"

 

 

 

 

[FFB]

I'm not a lawyer, obviously, but from reading about this case, it's evident that Twist DID have some sort of public career off the ice. I don't know how good a hockey player he was, but apparently he was a local celebrity that hosted a local television show for a couple of years in his local market and had quantifiable product endorsements.

 

Those type of things are usually springboards for more commentator gigs so you can't really say that it didn't affect his after-hockey career...

 

http://caselaw.lp.findlaw.com/scripts/ge...invol=60729_103

 

Oops... that needed a login. It's cached if you do a Google search for "Tony Twist Fan"

 

 

 

 

According to this page, Tony Twist earned a grand total of $2.9 million in salary for all of his years in the NHL combined.

 

So Twist claims that McFarlane's use of the Antonio Twistelli character in the Spawn comic books caused him damages greatly exceeding his total salary in all of his NHL seasons? Come on.

[agro23]

What I know, or for that matter any fan or hater of Mr. Twist, is irrelevant. It is what the jury knew, and I would be surprised that a portrait was not painted by trial counsel on both sides of Tony Twist and McFarland. Clearly the Twist portrait won.

This is EXACTLY what happened. The case stopped being about Twist and started being about Todd.