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Posted by Kevin

The Louisiana bureau forwards this Courthouse News report of a recent filing:

Orleans Parish District Court, Louisiana

Michael Metoyer 
v.
St. Vincent Music Inc.; Studio Network—Orpheum LLC; Roosevelt Way Theatre LLC; ERG Enterprises LLC; Anne Erin Clark aka St. Vincent

12/11/2025
25-11749 
Premises liability. Plaintiff was injured when defendant St. Vincent landed on his torso, “inexplicably wrapping her arms and legs around him,” during her portion of her show that took her off stage. She had to be removed from him by security guards.

View Case Details | Download Complaint

p. Matthew Hemmer 
Morris Bart, LLC 

That’s pretty good as is—and I salute the people at Courthouse News for their effective use of limited space and their often entertaining use of quote marks when reporting cases like this—but I thought it did call for a little more investigation.

Just to be clear, the defendant here is not St. Vincent de Paul, the 17th-century Franciscan priest who was allegedly captured by Barbary pirates but escaped, settled in Paris, became known for his service to the sick and poor, and is now the patron saint of charitable organizations and presumably those being held captive by Barbary pirates. No, it is St. Vincent, the multiple-Grammy-award-winning musician and songwriter, whose real name is Anne Erin Clark. (According to this, her stage name is connected to the earlier St. Vincent, but only indirectly.)

None of this is mentioned in the complaint, which describes Clark only as a musician and “natural person domiciled within the State of California, who exerted specific contacts within the forum as described herein.”

The contacts in question involve Clark’s performance at the Orpheum Theatre in New Orleans on April 10, 2025—and more specifically, her alleged contact with Plaintiff during it. During the show, Clark allegedly “left the stage on multiple occasions to stand on barricades, climb on the walls, and enter the audience.” This sort of thing is not uncommon at concerts, and—as you should certainly recall from the Rick Springfield saga—it has resulted in litigation before. The assumption-of-risk doctrine immediately comes to mind as a possible defense, but that would depend on state law and the particular facts.

The particular facts here seem to have involved “stage diving.” According to the complaint, the “performance elements” of the show meant St. Vincent had to be “lifted, carried, and moved precariously over the location where other workers at the event were sitting,” and now you can see where this is going. The plaintiff alleges that he was working as an “event monitor,” which entails sitting in a chair and watching “for, among other things, patrons that are smoking or using lighters.” But the critical fact here is that “his position at the event [was] under where [St. Vincent would] enter and leave the stage during the climbing, crowd surfing, barricade standing, and other off-stage elements of the [s]how” (emphasis added.) Eventually, this happened:

Ms. Clark left the stage to stand on top of a barricade….. To do so, she was lifted over Mr. Metoyer…. She then let the crowd carry her above their heads in the vicinity of the stage, until Orpheum staff helped her back on to the stage—again over Mr. Metoyer—where she stepped from their arms back on to the stage. Minutes later, she again left the stage to climb on the wall up to the box seats. Once on the wall, she hung on a railing and descended to the arms of the crowd below. The crowd again carried her back to the stage, and she was again taken by Orpheum staff to the stage…. Rather than step back onto the stage…, though, Ms. Clark leapt from the arms of event staff and on top of Mr. Metoyer, inexplicably wrapping her arms and legs around him. Mr. Metoyer had no notice or warning that she intended to do so, was not hired to carry performers, could not carry performers without injury, and was, in fact, injured by her sudden and negligent leap on to his torso. Mr. Metoyer managed to avoid falling to the ground and swayed uncomfortably until event staff could remove Ms. Clark from his torso and push her back on to the stage, where the [s]how could continue.

Compl. ¶ VIII (emphases added).

Note that despite the crowd’s involvement, Plaintiff is not suing it. He alleges only that Orpheum staff and St. Vincent were negligent for leaping and/or failure to prevent said leap, and that “[i]t was unreasonable for Artist or anyone else affiliated with the Show to think that Mr. Metoyer or any other Event Monitor would be an appropriate person to leap on to.” Compl. ¶ XI (irritating over-capitalization in original).

As a result, Plaintiff claims, he “has sustained serious injuries to body and mind, including injuries to his spine requiring surgical repair,” etc., etc. Well, this is not impossible. I have to say it seems unlikely to me that someone whose spine had been seriously injured when leapt upon could not only stay upright but maintain that stance during the time it took event staff to reach him and remove St. Vincent from his torso. But I suppose stranger things have happened.

Finally, the plaintiff’s law firm—Morris Bart, LLC—sounded familiar, so I checked on that and was reminded of the two-year-old who reportedly became a huge fan of Morris Bart’s local TV ads a while back. See Toddler Enjoys Lawyer-Themed Birthday Party” (July 31, 2015). Bart couldn’t make it to the party, but he did send a life-sized cardboard cutout of himself (among other gifts). So he deserves credit for that.

It’s tempting to suggest that this case should settle for little more than a life-sized cardboard cutout of St. Vincent, but we don’t have all the facts yet.

Ow, and action #19

Dec. 28th, 2025 09:32 pm
nosrednayduj: pink hair (Default)
[personal profile] nosrednayduj
In "don't good old" news, I lived my life normally and while maybe I did some things which were somewhat unusual (like kayaking in December), they were not ridiculously unusual. I was at a games party for Isaac Newton's birthday, and slowly over the course of a couple of hours my shoulder started to hurt more and more and more and then it was like really painful to bend over and reach around things and stuff. When I got home I had Valerie push on various parts of my shoulder blade and there was a giant knot in the muscle and she managed to make something go pop, which made it hurt a lot worse briefly, and then over the course of the next two days it completely resolved and doesn't hurt at all now. WTF. There was no obvious trauma that caused it to decide to tighten up, and no specific incident.

After that was better, I went cross-country skiing, and there was a little dip in the terrain and my skis went forward and my body did not and I landed on my tailbone. It doesn't seem like I did any lasting damage, and sitting in a normal chair in a normal position is fine. Sitting right on my tailbone with my legs up or something is not fine, but it's not like I do that all the time. (Boat pose in yoga, but if they do that, I'll just do something else core-related.)

Today there was a repeat of action #17 in my town rather than the neighboring town where I went last time. I rode my bike there. Everybody was terribly impressed, but I was blasé because it was a balmy 25°, which warmed up to about 30 by the time we were done. In fact I got slightly overheated and stepped into the shade with my sign for some of the time.

There were fewer happy toots than previous actions at the same location, and there were more than one person giving us the finger. I guess people are getting tired of us, or something. Or the commute people home are different from the going to Costco Sunday morning people. Last action at this location was at commute hour.

on NFTs and the art market

Dec. 28th, 2025 01:52 pm
totient: (space)
[personal profile] totient
Remember NFTs?

To explain what NFTs really were, first it's necessary to understand the manipulation of the art market by billionaires. Simplified, it goes something like this:

Billionaire A buys, over the course of years or decades, a bunch of art by some artist whose work is worthwhile but affordable. It doesn't have to be the most worthwhile work out there. Billionaire B buys a bunch of art by some other artist. Maybe it's a hundred pieces at five to ten thousand dollars apiece, or maybe it's somewhat fewer, somewhat more expensive pieces, but for most artists it's going to cost less than a million dollars over that artist's lifetime to become the foremost collector of that artist's work.

Some time later, perhaps after the death of the artists in question, Billionaire A (or his heirs) sells one of the pieces of art to Billionaire B for millions of dollars, and Billionaire B likewise sells a piece to Billionaire A for a similar sum. Billionaires A and B then also each donate one of their pieces of art to a museum.

By selling the pieces, they establish a value for the rest of their collection, and that means they can take the full market value of the donated piece off of their income without having to recognize the capital gains on the donated piece. This offsets the capital gains on the sold piece, net tax liability zero. And the amount of cash they each had to shell out to buy the multi million dollar pieces also nets out to zero. But suddenly they each have a billion dollars worth of art with an established market value that they can use as collateral for a low interest loan so they can buy an island or a jet or a rape victim's silence or whatever else they feel like buying that day.

It's not just that the billionaires have gotten this money tax free. It's that they have mostly made up the money in question. It's not real! But they get to spend it anyway.

This massive distortion of the art market has all kinds of knock-on effects, some of them positive. At the very least, it establishes value to billionaires of supporting living artists in ways that might not be significant to them but are certainly significant to the artists. It puts some of the art in museums where people other than the billionaires get to see it. The massive loss of tax revenue outweighs these benefits, but there was still a benefit.

NFTs were a way to make this market distortion more efficient. But the invented value lost its plausibility and the market collapsed.

AI is like this: mostly a market distortion with some real benefits, outweighed as they may be by the downsides. But the current financial arrangements of the AI companies have gotten too efficient, and lost sight of the value plausibility.

Art survived the NFT implosion. I hope computers survive the AI implosion.

Boxing Day and onwards

Dec. 28th, 2025 01:12 pm
dianec42: Two cats in a duvet, one reaching out a paw to the other (Togetherness)
[personal profile] dianec42
We had a bunch of friends over for Boxing Day snacks and socializing. This gave Mr Diane an excuse to bake ONE BILLION SNACKS, with the added bonus of leftovers for the rest of the year. It was great to see people and hang out. What with holiday baking and the attendant cleanup, plus some lousy weather, I was going a bit stir crazy. Snacks and socializing were a hit; I think this will become a tradition.

The up side of all that cleaning and tidying is that the house is now somewhat more pleasant to do stuff in (especially the kitchen). The down side is that I managed to put a few things in "safe places" and I'm not sure I've found everything yet.

The first rule of Retirement Club is there are no rules don't talk about Retirement Club I need to have some structure or I will never leave the house.

Some rough ideas for structure:
1. (With Mr Diane) Go out hiking once a week (snowshoeing counts as hiking);
2. Try at least one new location, food, or activity every week;
3. Every day, do something I didn't do yesterday;
4. Every day, SKIP DOING at least one thing I did yesterday;
5. DO NOT VOLUNTEER FOR ANYTHING FOR AT LEAST A MONTH! Seriously. I've met me. I WILL overcommit and burn myself out if I don't watch it;
6. Have some long-term goals as well as short-term activities;
7. Do stuff with Mr Diane;
8. Do stuff WITHOUT Mr Diane.

Activities so far have included yoga class and Open Knit (yes, cross stitch is also allowed). I still need to check out the senior center, the sports center, the Y, activities at the library and the museum, and actually GO to the library and the museum. Yes, I have a spreadsheet.

Speaking of structure, for 2026 I'm going to try a premade planner and skip doing a bullet journal. I've mainly been using the bullet journal in its capacity of "it's a free-form planner for people who don't like any of the planners sold in the shops". I've been doing some habit trackers but that's tailed off in the last few months. I just can't be arsed doing all the setup any more. I got a cute Pusheen weekly/monthly planner off my wish list this Christmas, which includes space for notes and 2 pages for 2027 planning, so I'm going to give that a go.

I should write up a 2025 "year in review" thingy, but honestly 2025 kind of stunk in a lot of ways so I might not bother.

back and Christmas

Dec. 27th, 2025 12:29 am
forgotten_aria: (Default)
[personal profile] forgotten_aria
I've been doing personal online training for making my back strong enough to not be cranky when I deadlift and it's been making it feel better in general. Not that I was noticing anything wrong until things just moved better. It has not completely fixed my dead-lifting issues and I'm having trouble keeping up with two times a week. I'd also like to start sprinkling my shoulder and foot workouts back in.

It was a no-travel Christmas for obvious reasons. Very mixed feelings about this. It's nice not to have to travel, but I do miss my very rare opportunities to see my family.

Merry Duckmas to all...

Dec. 25th, 2025 05:57 pm
dianec42: (XmasPusheen4)
[personal profile] dianec42
... and to all a good Christmas pudding!

Had a quiet week leading up to a quiet day. Got lots of presents. Ate a lot of duck and the aforementioned Christmas pudding. Now very very full and contented.

more daylight

Dec. 25th, 2025 01:33 pm
lmk: a faceted citrine (Default)
[personal profile] lmk
I'm so happy that the longest night is behind us and we'll start having more daylight soon. This whole being dark at 4PM thing sucks.

(no subject)

Dec. 25th, 2025 12:26 am
sorcyress: Drawing of me as a pirate, standing in front of the Boston Citgo sign (Default)
[personal profile] sorcyress
On the plus side, it is 2359 on the 24th, and all of the Chrimbo stuff is upstairs and ready and everything. We did it! We couldn't stop Christmas from coming, it came!

Here's some stuff from today:

Woke up and did fairly leisurely breakfast, while chatting with Alys and Charlie and mom. We had time to play a game of Moonshine, which I lost spectacularly, and then it was Off To The Shops, for last minute christmas shopping and also groceries.

We started with a couple of Very Large presents for dad, which necessitated me forcing mom to take a photo of me so I could send it to Shaenon Garrity, as life imitated art. I sure was a replica of Tip from the first storyline of Skin Horse, minus the gender-inappropriate pink angora sweater. (I was instead wearing a very gender appropriate Maya Kern skirt with pumpkins on it)

The presents were so large that we went straight home to swap the car out for those and collect Jonny!!!!! who is going to be doing Chrimbo with us this year. I'm excited about it! It's been ages and ages since we've had a brother at Christmas, and Jonny!!!!! is better than most. (He's one of the drama department teens mom adopted when I was in high school, who moved back to Maryland and joined the Gay Man's Choir of Washington like a year before mom did. It's great that they've gotten to spend a lot more time together!). Then mom and Jonny!!!!! and I went out to get the groceries, which was extra charming because he and I basically entered into a mini-contest of who could be more helpful at any given moment.

Ah, oldest daughter syndrome. <3

We got home, where Charlie put away the groceries and did some preliminary reorganization of the pantry, which badly needs it (I believe he plans to do more on the 26th). Then we ordered some Thai food for dinner (Chinese would be more traditional, but my parents have not yet located a good Chinese place, to everyone's sadness) and taught Jonny!!!!! how to play Moonshine. I did much better, but Jonny!!!!! still clinched the win.

Somewhere along the way "the kids" (a phrase I use ambiguously --using it exclusively like this, I mean just the people younger than me, if I use it inclusively, it's also me and Jonny!!!!!) watched Once Upon a Mattress, which was fun to hear in the other room.

We all finished wrapping presents, and then dad called for the traditional reading of The Night Before Christmas to us over the phone --he's working at the hospital overnight tonight, meaning I haven't actually seen him since getting to MD. To be fair, I arrived at piss late last night (I think my train was delayed by almost 2.5 hours altogether, most of it at the front end...I got on around 1525 for a train that was supposed to depart at 1337.). So he was in bed already, and then left for work well before I got up. I'll see him tomorrow!

Alys read Charlie the last two chapters of The Woman Who Rides Like A Man, with mom and I happily eavesdropping and fucking around mindlessly a bit. We're all very excited listening to Charlie make predictions since he didn't know the Alanna books at all before Al started reading them to him! Then it was time for evening chores and putting away the dishes and stuff, and just before bed, Santa showed up to fill the stockings! I helped with that, and off we went.

To write words, remembered at the last minute, and now I am cozy and warm. Time to find them sugarplums, because apparently the morning sibling gossip time starts at 0630. I am obviously complaining about it and equally obviously, am probably just fine with it. We'll see how I feel tomorrow morn.

Goodnight and be well!

~Sor
MOOP!

(no subject)

Dec. 21st, 2025 03:06 am
sorcyress: Drawing of me as a pirate, standing in front of the Boston Citgo sign (Default)
[personal profile] sorcyress
It's landing on a weekend this year, and it makes sense to do it tonight, so here we go, I'm doing a proper solstice.

(That means not sleeping until the sun returns. Ideally also having a candle burning while I do --giving the sun a beacon to look for!)

My day had bells and then hanging out with Tuesday for the afternoon, since ke was briefly in town. When ker parents came to pick kem up, we had a lovely 15-20 minutes chatting at and about my bookshelf. It felt very good, to get that kind of approval (even if it's not something I would need).

In the evening, after I fed the cat, I slunk around the block to [personal profile] verdantry's house for their and Greg's solstice party. It was small and cozy and chill. I drank mulled cider, and ate plum pudding, and had a really lovely quiet time laughing and joking and enjoying listening to the inside-baseball talk of SCD adventures. Sometimes when it's not your circus it's really enjoyable to just watch the monkeys!

Around midnight, Greg gave, in essence, a toast. It boiled down to "Community Is Good", my political stance these past some years. Community _is_ good. People are the thing that make all the rest of this worthwhile.

I hope you have people to hold you up until the sun returns. I love you! <3

~Sor
MOOP!

Week 1 of doing nothing

Dec. 19th, 2025 01:04 pm
dianec42: (GoMe)
[personal profile] dianec42
Tuesday I went to yoga. Wednesday I went to the "open knit" at the yarn store in town & started a new cross stitch(*). Thursday I did NOT go to free yoga at the library, because it was insanely nice out, so Mr Diane and I went hiking. Today I had a Zoom call with an old work friend.

Next week things in the big world will slow down due to the holiday. Next Friday we're having some friends over for Boxing Day, so there will be a great deal of snack prep and the concomitant cleaning-up.

I suspect my "doing nothing" is not the same as everyone else's "doing nothing", but why be normal?

(*) This is my "out and about" cross stitch project. It involves only whole stitches, is very high contrast, and as such does not require a ton of brainpower or super-good light. Most of all, it does not have any "difficult bits" so the odds that I will actually finish it are extremely high.

I'm doing the Autumn installment of an art nouveau set from about 2003. Unfortunately it was originally designed using Anchor threads and the DMC conversion is not very good. Two of the shades of yellow are basically identical, so I've been working on a substitution and may yet redo Spring. If I start redoing things I have a similar complaint about 2 of the shades of green in Summer... and should probably also use higher-quality fabric (I'm using a piece of Charles Craft aida which is shockingly badly off-grain).

Come to think of it I did also buy some stuff at the quilt shop on Wednesday (Q-snap extenders and a skein of DMC 973 which turns out the be ENTIRELY unsuited for the hoped-for purpose). I also tried but failed to score a smaller embroidery hoop (haven't seen my 8" q-snaps WHICH ARE PERFECT FOR THIS PROJECT since I moved). So the new project is living in an 11" q-snap square for the moment which is not ideal.

chocolate

Dec. 18th, 2025 06:20 pm
redbird: closeup of me drinking tea, in a friend's kitchen (Default)
[personal profile] redbird
No, I did not spend all the money in my wallet on chocolate*, but I treated us to a box of chocolates from Serenade, the chocolatier in Brookline with a wide selection of vegan chocolates.

I took the bus to Brookline Village, walked a little extra because I was wrong about which bus stop to use, walked into the shop, and asked for a one-pound box.

I bought two vegan caramels, which Adrian had asked for; I'd have gotten more, but I wasn't sure what she or Cattitude think of sea salt caramel. Just for myself, I got six dairy truffles, three lemon and three lime. The rest was a few (vegan) chocolate creams, and a lot of chocolate-dipped fruit and nuts, including several of their excellent chocolate covered plums, a candy I haven't seen anywhere else.

I came home via Trader Joe's, where I bought fruit, a bell pepper, hummus, pre-cooked chicken sausages, a carton of chocolate ice cream, and a box of frozen vanilla and chocolate macarons.

Even counting the chocolate part of the groceries, I would have had money left from the $79 that happens to be how much cash is in my wallet right now. That's a pretty arbitrary metric, since I don't always have the same amount of cash (I do make a point of having some, because cash still comes in handy sometimes).

*see yesterday's post

(no subject)

Dec. 17th, 2025 10:55 pm
sorcyress: Drawing of me as a pirate, standing in front of the Boston Citgo sign (Default)
[personal profile] sorcyress
Today was alright! Work was actually pretty great, which is nice --it is satisfying to have a ~good day~ at the workplace every once in a while (and slightly surprising to occur in this, the last full week of the year).

Not the last week, mind. I have a day and a half of work next week. It's not great!

But yeah, classes 1 and 4 went well-as-expected, class 2 was just fine, despite my co-teacher having meetings literally every class 2 this week, my circle idea went really really well (well enough that I forwarded it off to the circles team and assistant principal to be all ~hey look at this~), I spent class 3 prep hanging in the break room with three other math teachers I like...all good things!

It was the annual "professional development the week before break" PD, which is never very serious. It could be a better meeting: they could give us a longer time to just....hang out and eat cookies and chat with coworkers. But we did a cute little "family feud" style game, which was fun ("what excuse do students give for cutting class? survey says....."), and I won one of the raffle gift baskets for the scholarship fund. It is...uh, the third time in like....four years that I have gotten one of these. I am only putting in $20 worth of tickets, which I feel is a very reasonable and normal donation to the scholarship fund! I am just very lucky!!!

In actuality, the real trick is that my policy is to look at the ~13 baskets, say "no booze, no gift cards (boring!)" and that both focuses my tickets marvelously, and means I'm not going for the "high value" items. Look, I can't help it that all my coworkers like booze and amazon, I will be over here squeeing over my backstage pass to the school play and several chocolate bars and little leather handmade notebook and set of keen gel pens! It's still not as sweet as the year I got homemade cookies every month for the rest of the year, but it's pretty good.

After, I managed to make it to the holiday show rehearsal, which means that I've made it to one rehearsal this year, which might be more than last year. I got to see all the dances we're doing, and throw my name a couple places in the script. Just have to figure out what to wear or whatever (bonus points for something I can rush home and not change before darting off to the train).

After, I spent a bunch of time rifling through email and YouTube to try and put together a bookmarks collection of all the holiday shows I've been in (every year I've taught, including 2020, when we did a socially distanced one over zoom). Eventually copies, and home again home again, where my Getting Things Done kinda ran out in favour of playing video games.

But I did help get the dishwasher emptied and a bit of kitchen task, and I ran my last load of laundry --I haven't put any of it away yet, but it's clean at least. I did a bunch of closing and organizing tabs, and a very little bit of other like, electronic organization. Not, like, dealing with emails or anything (don't be ridiculous) but at least some brain management.

Now I'm upstairs to write my words and listen to music and do some Chrimbo-present-pre-planning. It is....uh....the holiday is quite soon actually, and if I'm going to contribute to my family's usual wretched excess, I should get on that. I wonder if it's too late to just use the heifer international catalog I got sent to buy everyone goats...

~Sor
MOOP!

inherited IRA, part I don't even know

Dec. 17th, 2025 11:37 am
redbird: closeup of me drinking tea, in a friend's kitchen (Default)
[personal profile] redbird
I just made another call to Fidelity (investment company) about the inherited IRA. They are going to generate a "Letter of Acceptance" form and send it to BNY, and then (I hope) we will have the money out of my mother's name before the end of the year, which will please my brother as executor of the estate.

The bit where the advisor told me to search for something on the website, and that led to an irrelevant form, was not encouraging--I think he overheard me saying to [personal profile] cattitude that I'm starting to understand why people hide their money under mattresses.

Jonathan said this should take 1-2 business days at the BNY end, and that he'll let me know when the transfer has gone through.

I am not going to spend all my money on chocolate, probably not even all the money currently in my wallet, but it's tempting.

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