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10/30/07

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Subrosa

Subrosa

San Francisco, CA
July 2004

OCT 26, 2007 12:53 PM



No, seriously. DonÂ’t do it. And not just if you live in Mississippi, but if you live in North Carolina, South Dakota, Hawaii or Utah as well. Bad, bad idea.

I mean, I suppose one could make the argument that you shouldnÂ’t fuck a married person regardless of your particular jurisdiction. ThatÂ’s true, but if youÂ’re from Alabama and you bone JethroÂ’s ball-and-chain while heÂ’s away working at the coal mine [FN 1], the worst thing that could happen to you is a broken jaw and a free trip to Jerry Springer. Not exactly an ice cream social, but not the end of the world.

However, if youÂ’re in one of those states above, itÂ’s not just bad karma, itÂ’s fucking illegal. [FN 2] Just ask Jerry Finch, Sr., of Holly Springs Mississippi.

The age-old wrong of stealing another man’s wife — “alienation of affection” — is still recognized in six states, while being wholly or mostly abolished in 31 others. It traces its origins back at least to the Teutonic tribes of early Germany in the 10th Century. Now, a well-to-do businessman from Mississippi, facing a verdict of $754,500 for “alienating the affections” of the wife of a plumber, is asking the Supreme Court to impose a constitutional ban on such verdicts at least when they are used to punish the forbidden.


You read that right, my friends. Slide your hot dog into a married womanÂ’s bun in the Magnolia State and you could be on the hook for a quarter of a fucking million dollars. You see what IÂ’m getting at, here? As your attorney [FN 3], I recommend you not do that.

What makes this verdict quite a bit more disturbing are the circumstances surrounding it.

Sandra Day and Johnny Valentine, a plumber, had what apparently was a rocky marriage, with repeated complaints by her about gambling and drinking. They were still married when she went to work for Jerry Fitch, who has interests in the oil and real estate businesses in Marshall County and, according to the state Supreme Court, has a net worth of about $22 million. After Sandra became pregnant, Johnny Valentine grew suspicious, and when a daughter was born, had a test done that showed he was not the father.

He filed for divorce, and it was granted, on grounds of adultery. He sued Fitch in state court in December 1999, arguing that the marriage was normal until Sandra began working for Fitch. Fitch initially denied having sexual relations with Sandra, being the childÂ’s father, or giving money to support the child. In later court filings, he admitted the relationship and his parentage. The jury in the case ruled for Valentine, and awarded $642,000 in compensatory damages and $112,500 in punitive damages. That is the amount Fitch now owes, plus 8 percent annual interest, if the verdict is not overturned.


Poor, foolish Mr. Finch. Anyone who’s ever seen "Maury" knows that you can’t seriously deny parentage once the paternity test comes out. All you can do is claim “the bitch said she was on the pill!” and try not to look too dejected as she booty shakes to the crowd in celebration. It’s the only dignified way to go.

Instead, Finch got dragged into court and despite evidence that the marriage was fucked [FN 4] long before he became Ms. ValentineÂ’s special Valentine, he got nailed for $750k in damages. For getting his dick wet. Yowza.

Unfortunately for Finch, heÂ’s pretty much out of legal options here. First, he appealed to the Mississippi Supreme Court.

In upholding the verdict in full, the Mississippi Supreme Court spent little effort on the constitutional due process claim. Initially, it said Fitch had not properly raised the issue, but it went ahead and considered it on the merits, and rejected the challenge. The procedural flaw “notwithstanding,” the state court said, “this Court has consistently recognized punitive damages as a legitimate form of relief in alienation of affections cases.” (Along the way, the state Supreme Court rejected a plea by Fitch … to abolish the common law tort of alienation of affections as outdated.)


With that wad blown, he turned to the Supreme Court’s most swingin’ dude, Justice Antonin “I like Orgies” Scalia, in an attempt to at least lessen the $112k punitive damages award. He argued that the award of punitive damages here was both Constitutionally excessive and violated the spirit of the Court’s holding in Lawrence v. Texas. In Lawrence, the Court invalidated anti-sodomy laws, but also asserted a right to personal privacy in the bedroom. Finch hoped this right to personal privacy extended to guys who like to boink their married secretaries.

ScaliaÂ’s answer? YouÂ’re a screwed one, Mr. Finch.

I’m sure you’re thinking to yourself[FN 5], “If the legal consequences are so bad, how do I avoid falling into the same trap? Just stay away from OPP if I live in the Missy Sippi?”

I’m glad you asked! First, it’s important to note that these causes of action are generally based in common law, which means they’re not statutory but rather they’ve been created by the courts over the centuries. In the '60s and '70s, most states that aren’t fucking insane all passed “Anti-Heart Balm legislation” (these torts are sometimes called “Heart Balm” cases, for obvious reasons). Others, mainly those with superhuman infatuations with protecting the nebulous and out-dated version of “family”, kept them going. They’re big moneymakers for plaintiffs in other states as well.

[In the] 1990Â’s, North Carolina juries were even more generous. A 1990 Forsyth County jury award of $300,000 in punitive damages for alienation was sustained on appeal, even though the court struck the compensatory award for $200,000. In 1997 alone, a jury handed down $1.2 million against a female paramour in Forsyth County and awarding another jilted wife $1 million in Alamance County and a deceived husband $243,000 in Wake County. In late 1999, a judge in Durham County valued compensatory damages in a case brought by a husband against his wifeÂ’s lover at less than $3,000 in compensatory damages but the judge still awarded $40,000 in punitive damages on the criminal conversation claim.

Even in this decade, the trend of generosity has continued. In August of 2000, a Burke County judge awarded a devastated wife $86,250 for alienation of affection and $15,000 for criminal conversation, totaling $101,250. In May of 2001, in Richmond County, the jury answered the issues of alienation of affection and criminal conversation in favor of the scorned husband and awarded him compensatory damages of $50,000 plus punitive damages of $50,000. Another distraught husband, in Mecklenburg County, received an award of $1.4 million in May, 2001 comprised of $910,000 in compensatory damages and $500,000 in punitive damages.The jury found the doctor who had had an affair with this manÂ’s wife liable for both alienation of affection and criminal conversation. After an appeal the original award of compensatory damages was reversed, the punitive damages award, however, was upheld. In 2007, a Cook County judge ordered a man to pay $4802 to a husband who was grieving the loss of his wife after an affair.


There are basically two types of these causes of action. The aforementioned “alienation of affection.”

To succeed on an alienation claim, the plaintiff has to show that (1) the marriage entailed love between the spouses in some degree; (2) the spousal love was alienated and destroyed; and (3) defendantÂ’s malicious conduct contributed to or caused the loss of affection. It is not necessary to show that the defendant set out to destroy the marital relationship, but only that he or she intentionally engaged in acts which would foreseeably impact on the marriage.



And the even dumber cause of action of “Criminal Conversation” [FN 6], which requires no specific state of mind, only

(1) an act of intercourse and (2) the existence of a valid marriage between the plaintiff and the adulterous spouse, and (3) the bringing of the lawsuit within the applicable statute of limitations.


So, my friends, keep this in mind. If the object of your intarweb affection lives in one of the above states and he, she or it is wearing a wedding band that you didnÂ’t pay for, take heed. You could end up like Mr. Finch: Fucked in every sense of the word.
_______________________________________________

[FN 1]: Do they even have coal mines in Alabama? I have no idea. DonÂ’t bother telling me, I donÂ’t care.
[FN 2]: In more ways than one! Hey-o!
[FN 3]: This is a joke. I am not your attorney.
[FN 4]: Legal term.
[FN 5]: This may be an over-estimation of my readership.
[FN 6]: Please note that this is neither “criminal” nor necessarily requires “conversation.” Don’t ask me, I have no idea.

pedroarchanjo

pedroarchanjo

Chicago, IL
October 2005

OCT 26, 2007 01:08 PM

i want the million dollars made up from 4 quarters consisting of $750,000....

Red_Russian13

Red_Russian13

Dayton, OH
February 2004

OCT 26, 2007 01:15 PM

Maybe I'm old fashioned, but if she was so unhappy and wanted to fuck another man, get a divorce. It's easy enough these days. As for the poor bastard who fucked her, I have little sympathy.

lefthandright

lefthandright

New Zealand
September 2006

OCT 26, 2007 01:17 PM

thall shalt not covert thee neighbors wife....at the end of it all he may as also do a little burning for eternity.

BDeyeD

BDeyeD

Toronto, ON
January 2007

OCT 26, 2007 01:21 PM

Um... shocked

Frankly, I really don't see what this has to do with the courts. Did they commit adultery in the courtroom? In public? Beside an elementary school? On the Sabbath? Honestly - what goes on in the bedroom, so long as it's consentual, should not wind up in the courtroom.

sy_old

sy_old

Columbia, MO
March 2007

OCT 26, 2007 01:23 PM

"Unfortunately for Finch, he's pretty much out of legal options here. First, he appealed to the Missouri Supreme Court."

"You read that right, my friends. Slide your hot dog into a married woman's bun in the Show Me State..."

Um. I am super-confused. Are you talking about Missouri or Mississippi? I'm from Missouri; we're the Show-Me State. We are talking about Mississippi, right?

wyldewolfe

wyldewolfe

Montgomery, AL
August 2007

OCT 26, 2007 01:41 PM

You are a complete ass and I am sick of people and there damn southern stereotypes. Idoits live everywhere not just in the south.

Fixxxer

Fixxxer

Berlin, MD
August 2004

OCT 26, 2007 01:42 PM

uh..what's the issue here? she's married..don't fuck with another person's guy/girl.

he's as much to blame as she is...only thing I can say is why hasn't he taken his (ex?) wife to course yet...for similar damages..

if you're not happy get a fuckin divorce..don't go cheatin like a fucking low-life.

no sympathy on this one. Fuck that asshole

Zarth

zarth

Seattle, WA
December 2004

OCT 26, 2007 01:44 PM

wyldewolfe said:
You are a complete ass and I am sick of people and there damn southern stereotypes. Idoits live everywhere not just in the south.


I'd suggest learning the proper usage of "their" and how to spell before you start calling other people "idoits."

derekdikdik

derekdikdik

Euless, TX
June 2006

OCT 26, 2007 01:47 PM

I love when the government comes in my bedroom.
As if it's anyone else's goddamn business who or what I fuck.
Yeah I said WHAT.

derekdikdik

derekdikdik

Euless, TX
June 2006

OCT 26, 2007 01:48 PM

Zarth said:

wyldewolfe said:
You are a complete ass and I am sick of people and there damn southern stereotypes. Idoits live everywhere not just in the south.


I'd suggest learning the proper usage of "their" and how to spell before you start calling other people "idoits."



ZING!

Zarth

zarth

Seattle, WA
December 2004

OCT 26, 2007 01:50 PM

IHateTheLiving said:

Zarth said:

wyldewolfe said:
You are a complete ass and I am sick of people and there damn southern stereotypes. Idoits live everywhere not just in the south.


I'd suggest learning the proper usage of "their" and how to spell before you start calling other people "idoits."


ZING!


It's like he painted a big red bull's eye on his ass. I couldn't help myself.

Elichrusos

Elichrusos

I'm lost
October 2007

OCT 26, 2007 01:51 PM

Fixxxer said:
uh..what's the issue here? she's married..don't fuck with another person's guy/girl.

he's as much to blame as she is...only thing I can say is why hasn't he taken his (ex?) wife to course yet...for similar damages..

if you're not happy get a fuckin divorce..don't go cheatin like a fucking low-life.

no sympathy on this one. Fuck that asshole



It's not about sympathy, you fucking nonce. It's about the supremely perverse nature of laws dictating who people are allowed to fuck.

You think the lady's ex deserves three quarters of a million dollars because his wife schtupped someone?

Zarth

zarth

Seattle, WA
December 2004

OCT 26, 2007 01:52 PM

Elichrusos said:

Fixxxer said:
uh..what's the issue here? she's married..don't fuck with another person's guy/girl.

he's as much to blame as she is...only thing I can say is why hasn't he taken his (ex?) wife to course yet...for similar damages..

if you're not happy get a fuckin divorce..don't go cheatin like a fucking low-life.

no sympathy on this one. Fuck that asshole


It's not about sympathy, you fucking nonce. It's about the supremely fucked up nature of laws about who people are alowed to fuck with. You think the lady's ex deserves three quarters of a million dollars because his wife schtupped someone?


That would make him one King Hell of a Pimp, yo.

Uncognitive

Uncognitive

Brooklyn, NY
May 2003

OCT 26, 2007 01:52 PM

wyldewolfe said:
You are a complete ass and I am sick of people and there damn southern stereotypes. Idoits live everywhere not just in the south.



So that's why Utah, Hawaii and South Dakota keep these laws on the books, to make fun of Southerners! Brilliant!

PointBlank

PointBlank

New York, NY
November 2004

OCT 26, 2007 01:56 PM

Fixxxer said:
uh..what's the issue here? she's married..don't fuck with another person's guy/girl.

he's as much to blame as she is...only thing I can say is why hasn't he taken his (ex?) wife to course yet...for similar damages..



Here's the deal. I'm single. That means I get to fuck any willing person that I want.

It's the responsibily of the married person to not fuck anyone.

Elichrusos

Elichrusos

I'm lost
October 2007

OCT 26, 2007 01:58 PM

PointBlank said:

Fixxxer said:
uh..what's the issue here? she's married..don't fuck with another person's guy/girl.

he's as much to blame as she is...only thing I can say is why hasn't he taken his (ex?) wife to course yet...for similar damages..



Here's the deal. I'm single. That means I get to fuck any willing person that I want.

It's the responsibily of the married person to not fuck anyone.



Right on.

Subrosa

Subrosa

San Francisco, CA
July 2004

OCT 26, 2007 02:00 PM

synielle said:
"Unfortunately for Finch, he's pretty much out of legal options here. First, he appealed to the Missouri Supreme Court."

"You read that right, my friends. Slide your hot dog into a married woman's bun in the Show Me State..."

Um. I am super-confused. Are you talking about Missouri or Mississippi? I'm from Missouri; we're the Show-Me State. We are talking about Mississippi, right?



Goddammit! My bad. I always get those two mixed up. Fack.

Subrosa

Subrosa

San Francisco, CA
July 2004

OCT 26, 2007 02:02 PM

wyldewolfe said:
You are a complete ass and I am sick of people and there damn southern stereotypes. Idoits live everywhere not just in the south.



Learn to take a joke, Jethro.

Zarth

zarth

Seattle, WA
December 2004

OCT 26, 2007 02:03 PM

Subrosa said:

wyldewolfe said:
You are a complete ass and I am sick of people and there damn southern stereotypes. Idoits live everywhere not just in the south.


Learn to take a joke, Jethro.


Your an idoit.

smithers_jones

smithers_jones

I'm lost
November 2003

OCT 26, 2007 02:12 PM

Zarth said:

Subrosa said:

wyldewolfe said:
You are a complete ass and I am sick of people and there damn southern stereotypes. Idoits live everywhere not just in the south.


Learn to take a joke, Jethro.


Your an idoit.


Moran.

Zarth

zarth

Seattle, WA
December 2004

OCT 26, 2007 02:17 PM

smithers_jones said:

Zarth said:

Subrosa said:

wyldewolfe said:
You are a complete ass and I am sick of people and there damn southern stereotypes. Idoits live everywhere not just in the south.


Learn to take a joke, Jethro.


Your an idoit.


Moran.


Douché.

Subrosa

Subrosa

San Francisco, CA
July 2004

OCT 26, 2007 02:19 PM

Elichrusos said:

Fixxxer said:
uh..what's the issue here? she's married..don't fuck with another person's guy/girl.

he's as much to blame as she is...only thing I can say is why hasn't he taken his (ex?) wife to course yet...for similar damages..

if you're not happy get a fuckin divorce..don't go cheatin like a fucking low-life.

no sympathy on this one. Fuck that asshole



It's not about sympathy, you fucking nonce. It's about the supremely perverse nature of laws dictating who people are allowed to fuck.

You think the lady's ex deserves three quarters of a million dollars because his wife schtupped someone?



Exactly. Why isn't the cause of action directed at the wife? I mean, either way it's ridiculous, but at least it would make more sense from a legal perspective. You could theoretically make an argument that the wife had a duty not to cheat or something. The other man is just another guy with no relationship to the plaintiff.

Subrosa

Subrosa

San Francisco, CA
July 2004

OCT 26, 2007 02:19 PM

Zarth said:

smithers_jones said:

Zarth said:

Subrosa said:

wyldewolfe said:
You are a complete ass and I am sick of people and there damn southern stereotypes. Idoits live everywhere not just in the south.


Learn to take a joke, Jethro.


Your an idoit.


Moran.


Douché.


Stop being such a gauche.

Brigette

Brigette

Canada
February 2007

OCT 26, 2007 02:26 PM

Zarth said:

smithers_jones said:

Zarth said:

Subrosa said:

wyldewolfe said:
You are a complete ass and I am sick of people and there damn southern stereotypes. Idoits live everywhere not just in the south.


Learn to take a joke, Jethro.


Your an idoit.


Moran.


Douché.



I seriously lol'ed. For serious.

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