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Author Topic: Lawsuit???  (Read 3513 times)
redhed
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« on: July 12, 2013, 07:44:53 PM »

I keep wondering after last night's drama and the extreme racial talk, if Howard or Candace or Helen can or will sue CBS and the production team. This has gotten out of hand and NO ONE should EVER be talked to and disrespected in that manner.
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ParrotFace Rachel
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« Reply #1 on: July 12, 2013, 07:48:09 PM »

Oh I bet the lawyers thought of everything when these folks signed up for this gig. The contract must be multiple pages long. The punishment to the racists will come once they leave the house and are reintroduced to life outside.
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Hail Skins
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« Reply #2 on: July 12, 2013, 10:04:10 PM »

I agree that the bigots won't get any sort of punishment from CBS.  However, I think that although it might be an uphill fight (with years of litigation) that anyone who sued CBS would be able to get past all of the waivers because CBS's actions caused intentional mental and possible physical distress beyond what could be reasonably expected from playing Big Brother. 

What if instead of using racial slurs Aaryn and GinaMarie were to repeatedly tell Helen, Candice, and Howard things like "I am going to kick your ass" and "You are a dead man (or woman)" and "I will slit your throat while you sleep tonight" meanwhile never laying a hand on them.  Would the producers just sit there and allow this to go on or would they forcefully put the brakes on the situation? If nothing was done to stop the threats I think it would be reasonable that anyone who was getting threatened could take steps to protect themselves including making a physical preemptive strike.  Under those circumstances I don't think that charges would even be pressed against the person taking preemptive action (though CBS might be charged for allowing the situation to decay to a level that this happened).

Granted, making death threats is different from making racial slurs but not by much.  I would bet that out of anything the persistent campaign of bigotry where the victim really doesn't have a way to withdraw from it probably has a very high likelihood of causing violence sooner or later.  If this keeps up it is just a matter of time before someone finally snaps or and someone gets knocked into next century or someone ends up quitting because of the pressure (which could get CBS sued as well).  Of course, conflict is part and Big Brother and the show would be real boring without it but things have gotten way out of control!

Though, I bet that if someone ends up suing CBS over this that they will be offered the moon and a pound of green cheese as a settlement to make it go away.  The last thing CBS will want is for this to get dragged into the courts where the unedited footage of the sludge spewing from people's mouths (which would have been censored heavily or not shown at all on the feeds ) can be subpoenaed by the plaintiffs and shown to a jury and then the rest of the world.  They already have Julie Chen (who is the face of Big Brother) going on record for TMZ about how disgusted she is with what Aaryn has been saying so CBS already has a zit on their ass the size of Montana (no offense meant to anyone on this forum who is from Montana  Smiley ) and if the case gets before a jury there ain't no chance that CBS will get out unscathed. 
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CherBBfan
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« Reply #3 on: July 13, 2013, 12:26:51 AM »

I do not agree that a lawsuit is even appropriate. Look at past seasons, especially with Evel Dick. He was so horrible and demeaning to women. He was constantly saying bad things and no one sued him. The contestants go on this show knowing full well what they are getting into. If they don't know what to expect then it is their own fault as this is season 15! The HGs send in videos or try out for the show. I believe most of them even have agents trying to get them on so they really should know exactly what goes on in that house and I think that they have most likely signed many pages of waivers for things that could happen. Just my 2 cents... LOL
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Cheri
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« Reply #4 on: July 13, 2013, 03:27:27 AM »

All houseguests sign a waiver giving up any rights to sue CBS, BB or any person affiliated with the show regardless of the situation.

They all understand they will be in a controlled environment and that sometimes there will be things said or happen beyond their control that may offend them. This is what they sign up for and this is what they mean by expect the unexpected.

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terabyte
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« Reply #5 on: July 13, 2013, 06:51:45 AM »

All houseguests sign a waiver giving up any rights to sue CBS, BB or any person affiliated with the show regardless of the situation.

They all understand they will be in a controlled environment and that sometimes there will be things said or happen beyond their control that may offend them. This is what they sign up for and this is what they mean by expect the unexpected.


Cheri is correct as always.  This will not go to court.  The racist house guests will get their punishment when they leave the house and must now deal with people who know how ugly they are inside.
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redhed
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« Reply #6 on: July 13, 2013, 08:14:31 AM »

Thanks guys I was just wondering.....
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Hail Skins
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« Reply #7 on: July 13, 2013, 08:46:08 AM »

I still think that what has been going on is so beyond what can be reasonably expected from a season of Big Brother (Expect the Unexpected is a tag line not a legal defense) that if anyone does sue they will eventually be able to get past the waivers.  I have little doubt that before all is said and done we are going to see a court case of some shape or form.
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redhed
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« Reply #8 on: July 13, 2013, 08:54:24 AM »

Now that got me thinking, receiving money for services in essence is being an employee, not in the traditional sense, but still loosely. ED was horrible, granted, but even he is offended. At least judging by his comments on Twitter...
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terabyte
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« Reply #9 on: July 13, 2013, 09:06:45 AM »

I still think that what has been going on is so beyond what can be reasonably expected from a season of Big Brother (Expect the Unexpected is a tag line not a legal defense) that if anyone does sue they will eventually be able to get past the waivers.  I have little doubt that before all is said and done we are going to see a court case of some shape or form.
The contract is binding on all the House Guests.  A judge would throw it out based on the contract.  The appeals process is very costly and time consuming. Lawyers only take cases when they think they have a good chance of winning.  Keep in mind that the lawyer does not get paid unless he wins and there is a cash settlement. This case would be expensive and a loser.
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Cheri
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« Reply #10 on: July 13, 2013, 01:38:10 PM »

Contracts are meant to be binding to the houseguests to prevent unnecessary and frivolous lawsuits. Because we live in a litigious society anyone can sue over every little thing that offends them but being offended is not enough to hire attorneys and go to court. Those types of cases are generally dismissed due to lack of real evidence.

All Big Brother houseguests know from the start before they enter the game that upon signing their contract they will be affiliated with CBS for a period of two years and during that time they will be paid as interns behind the scenes, attend BB casting calls, possibly be on other CBS sanctioned shows and/or host competitions for Big Brother.

Now that aside, nothing prevents outside groups from litigation against CBS for the contentious racial and homophobic dialog. For this reason CBS has placed disclaimers on the feeds and BBAD that the views expressed are not theirs. Believe me, CBS executives are more afraid of organized groups than they are of their houseguests.
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rocksniffer
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« Reply #11 on: July 13, 2013, 06:28:17 PM »

the racist and homophobic comments are indeed offenceive but sadly not against the law...even though i am not a lawyer i can't see a lawsuit being judged favorably just because someone is a worthless turd of a human that spouts bull paddies with every breath...but that's just this old humanist's opinion...  Lips sealed
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ParrotFace Rachel
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« Reply #12 on: July 13, 2013, 07:09:48 PM »

I was thinking of grilling up some bull paddies for dinner!  Grin
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terabyte
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« Reply #13 on: July 14, 2013, 07:42:32 AM »

This year's BBAD on TVGN blunder might qualify for a class action negligence suit with the BB fans as the plaintiff.

Question to CBS:  Was it foreseeable that this change would make BBAD unwatchable?

The answer is YES. 

Judgement for the plaintiff.
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Ftlbeachbum
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« Reply #14 on: July 14, 2013, 12:49:57 PM »

This year's BBAD on TVGN blunder might qualify for a class action negligence suit with the BB fans as the plaintiff.

Question to CBS:  Was it foreseeable that this change would make BBAD unwatchable?

The answer is YES. 

Judgement for the plaintiff.

It could fall under: Cruel and Unusual Punishment  Grin
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