“Gail McDoe admits her 16-year-old son never should have been driving that car in 2005. He was the one who set off the chase with police, ending in a fiery crash that killed him.” Nonetheless, her $5 million lawsuit against the city of Newburgh, N.Y. alleges that cops should not have been so aggressive in chasing Dionte Jones and should have acted more quickly to attempt a rescue after he flipped his car into a gas field full of fuels and hazardous chemicals. The city’s in-house lawyer says an investigation indicates Jones died instantly and would not have been helped by a rescue attempt. (John Doherty, “Mother wants Newburgh police to share burden of son’s death”, Middletown Times Herald-Record, Jan. 6).
Chronicling the high cost of our legal system
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Point of Law- The price of New York ethics, cont'dIra Stoll, Future of Capitalism: The New York state attorney general, Andrew Cuomo, won't accept campaign contributions from people with matters before his office. Conveniently enough, however, he will, and does, accept such contributions from their lawyers, Bloomberg News reports.... […]Walter Olson
- USDC: Corrupt PA Judges Have Civil ImmunityA federal district court judge has just ruled that two disgraced Pennsylvania state court judges, Michael T. Conahan and Mark A. Ciavarella Jr., are protected by immunity from facing legal action for courtroom acts that consisted of over 6000 corrupt... […]Michael Krauss
- Around the web, November 23Tide turning against drug-pricing suits? Glaxo SmithKline beats back Kentucky case [Longstreth, AmLaw Daily] Court in Australia deems litigation funding pact improper as "unregistered managed investment scheme" [New Lawyer] Should docs be careful what they ask for? Michelle Mello... […]Walter Olson
- Latest Labaton pension fund controversy: MissouriAn "uproar" has broken out over the state employee pension fund's prospective hiring of lawyers to file securities suits. "At least six firms from around the country have been courting the board of the Missouri State Employees Retirement System, or... […]Walter Olson
- In Congress, promoting the return of notice pleadingsRep. Jerrold Nadler (D-NY) has introduced H.R. 4115, the Open Access to Courts Act of 2009, to restore notice pleadings, i.e., the status quo ante Twombly and Iqbal. Nadler's news release announced the bill, "Nadler, Johnson, and Conyers Introduce Bill... […]Carter Wood
- The price of New York ethics, cont'd
- Volokh
- Cato brief in McDonald v. ChicagoAvailable here. An outstanding brief, as one might expect. The bulk of the brief (21 pages, comprising Part I) shows that from the Founding Era into through the framing of the Fourteenth Amendment, national citizenship was paramount to state citizenship. Part II briefly argues that Slaughterhouse violated canons of constitutional construction–such as by in […]David Kopel
- NYT: “Wave of Debt Payments Facing U.S. Government”Wait, you mean we’re expected to pay all that money back? Copyright © 2009 This feed is for personal, non-commercial use only. The use of this feed on other websites breaches copyright. If this content is not in your news reader, it makes the page you are viewing an infringement of the copyright. (Digital Fingerprint: [...] […]Orin Kerr
- Puffery PlaintiffsThe NYT reports that more companies are challenging claims made in competitors’ ads. Companies that were once content to fight in grocery-store aisles and on television commercials are now choosing a different route — filing lawsuits and other formal grievances challenging their competitors’ claims. Longtime foes like Pantene and Dove, Science Diet and […]Jonathan H. Adler
- WaPo on Climate E-mails (and More)The Washington Post covers the disclosure of e-mails from the University of East Anglia Climate Research Unit — e-mails that appear to have been subject to an FOI request and that were either hacked by an outsider or stolen and released by an insider. In one e-mail, the center’s director, Phil Jones, writes Pennsylvania State University’s [...] […]Jonathan H. Adler
- Thoughts on Sarah Palin and Going RogueLike Ilya, I’ve been reading Sarah Palin’s book and following her media appearances. It’s difficult to say anything original about a polarizing figure such as Palin. And no matter what you say, around half of the VC readership will be convinced you are a complete idiot (which half depending on which side you [...] […]Orin Kerr
- Cato brief in McDonald v. Chicago
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http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=ny&vol=091&invol=0116
(After free registration)
“The primary issue on this appeal is whether plaintiff’s knowing participation in the unauthorized use of a motor vehicle, a crime commonly referred to as joy riding, precludes her recovery for injuries resulting from that conduct. Under thecircumstances presented here we conclude that plaintiff’s conduct constituted such a serious violation of the law as to warrant preclusion of her lawsuit.”
Rightly or wrongly I think the mother will ascert that her son had more to fear from the police because he was Black rather than any risk he could take in a high speed chase.
Were the taxpayers of Newburgh, N.Y. involved in this incident?
If not, why are they being persecuted?
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