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The posting that appeared on March 6, 2002, on the alumni news Web page for Chaparral High School in Scottsdale, Ariz., under the Class of 1986, was unusual. The question for the jury is whether it should have sent up a red flag: “Keri Gray Klein has gone on with her professional career as a protologist [sic] technician, primarily responsible for exam set-up. She has found her niche and has a nose for the business,” read the item. “Sadly, Ms. Klein has suffered one miscarriage and breast cancer (which is in remission). She has also been diagnosed as HIV positive, but continues to be a role model for professional women.” Klein says she learned about the posting when an old classmate phoned her. The school immediately ran a correction: “Chaparral High School would like to apologize to Keri Klein for erroneous information that was posted March 5th-April 26th, 2002. We want her friends and classmates to know that none of the information was true. She is living in McCormick Ranch and working in Scottsdale. She would love to hear from her friends.” Represented by Randall C. Urbom, Klein filed suit last month in Phoenix, naming the unified school district and assorted “Does.” She alleges negligence, among other things, and in second and third causes of action she alleges that she suffered emotional damage and loss of employment. How an employer could get away with firing a woman based on anything in the posting, even if it were true, is another matter. Urbom declined to discuss whether his client might have a second suit, saying it’s very early and much discovery remains to be done. As quoted in the Arizona Republic, the defendants sound more intrigued than defensive. An administrator of the Arizona School Risk Retention Trust, Jim Mullen, told the paper “it’s not as adversarial as it may seem,” because the suit will allow both sides to dig out information. Urbom and Mullen agree they know of no other litigation over untoward alumni news. There’s a peculiar primness afoot at the Associated Press. A May 2 story about Republican Party frustration with Democratic filibusters recounts how Senate Judiciary Committee Chairman Orrin Hatch, R-Utah, interrupted Senator Charles Schumer’s questioning of a judicial nominee. AP quotes Hatch telling Schumer, D-N.Y.: “Some I think are dumb questions, between you and me.” The full quote is: “Some I think are dumb-ass questions, between you and me.” (Thanks to Salt Lake City’s Deseret News for the unexpurgated version.) The current issue of the American Bar Association’s Litigation News discusses a 21st century worry-Internet-surfing jurors. In Colorado, a woman charged with child abuse had her conviction reversed because, despite trial court instructions to the contrary, a juror used the Internet for research. A Florida case reversed a trial court’s denial of a juror interview to look into allegations that a juror had logged on to the Web site of a third-party defendant. One suggestion is that litigators may want to do their own background research, to discover just what jurors will find if they go hunting. Just about everyone’s heard the acronym NIMBY-Not In My Back Yard. Here are a few creative suggestions that Steven Wu, a 1L at Yale University, is offering on his blog, “Legal Ramblings.” BANANA-Build Absolutely Nothing Anywhere Near Anyone. GUMBY-Gotta Use Many Back Yards. NIMTOO-Not In My Term Of Office.

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