Russell Einhorn v. The Viper Room, Mick Jagger
Published: Nov. 15, 2001 | Result Date: Oct. 1, 2001 | Filing Date: Jan. 1, 1900 |Case number: SC044441A Verdict – $0
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Michael Schonbuch
(Schonbuch Hallissy LLP)
Experts
Plaintiff
Kevin J. Coppersmith
(technical)
Facts
(This case is a retrial of a matter originally tried before Honorable Judith Stein at the Beverly Hills Superior Court
on May 2, 1998. At that trial, the jury awarded the plaintiff $600,000. The court granted the defendant Viper
Room a motion for a new trial. The court of appeal affirmed and the matter was sent back to the Santa Monica
Superior Court for a second trial, which was heard on Oct. 1, 2001.)
On Oct. 1, 1996, the plaintiff, a 37-year-old celebrity photographer, went to The Viper
Room, a West Hollywood nightclub, with a concealed camera. The Viper Room had a "no
photography" policy. The plaintiff claimed that he photographed Mick Jagger, the Rolling Stones
lead singer, kissing actress Uma Thurman in a booth. The plaintiff claimed that he was wrestled
to the ground by bodyguards and security personnel for Jagger and The Viper Room. In the fray,
the plaintiffÆs camera was seized by a Viper Room employee who allowed a member of JaggerÆs
entourage to take and destroy the film inside the camera.
Settlement Discussions
The plaintiff made a demand of $500,000. The defense made no offer.
Damages
$800,000 representing the lifetime value of the photograph.
Deliberation
2.5 hours
Poll
9-3
Length
4.5 days
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