- Coca-Cola’s sense of humor doesn’t extend to other artists’ parodies; shuts down movie release over single dream sequence showing Jesus drinking Coke. [Variety via BLT]
- Kevin MD on defensive medicine.
- Slip & fall case: “it would be unreasonable to expect the defendants to constantly clean the floors of their buses” during a snowstorm [McKenzie v. County of Westchester; Turkewitz]
- TV news and dumb lawsuit ideas series (earlier: Sep. 18), American Idol edition: Fox v. Vote for the Worst? [Above the Law]
- Shades of Myspace litigation (Feb. 15 and links therein): phone-chat dating service sued over rape of teenager [On Point]
- Updating Nov. 3 entry: Ninth Circuit vacates and will en banc review ludicrous Reinhardt decision in Smith v. Baldwin [Legal Pad]
Chronicling the high cost of our legal system
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Point of Law- "Chloroform for tort reform"The Washington Times assails as "dishonest" and a "poison pill" the House health bill's provisions bribing states not to enact limits on malpractice awards and attorneys' fees.... […]Walter Olson
- Federal paid sick leave mandate?The H1N1 virus could provide a foot in the door, observes Daniel Schwartz.... […]Walter Olson
- Small business Sarbanes-Oxley exemptionRahm Emanuel, for one, is said to be pressing for it [Bloomberg] The New York Times's Floyd Norris is predictably having a fit.... […]Walter Olson
- Revoking telecom immunity"Well, we changed our mind" doesn't strike Carter at ShopFloor as a very good reason for Congress to yank back a former liability protection. Earlier here, here, here, etc.... […]Walter Olson
- "Why Drug Companies Should Beware Of Doing Business In West Virginia"Beck and Herrmann explain why the Mountain State's inroads on the learned intermediary doctrine are a serious matter, especially since forum-shopping could lead to the application of the state's liberal rule to drug injuries alleged to have occurred in other... […]Walter Olson
- "Chloroform for tort reform"
- Volokh
- Paul Hollander on the Fall of CommunismThis fall is the 20th anniversary of the fall of the Berlin Wall and other events associated with the collapse of communism. Paul Hollander, a sociologist who has written numerous works on communism and Western attitudes towards it, has an op ed in the Washington Post, noting some of the lessons of the communist [...] […]Ilya Somin
- New Jersey and Indiana Casinos May Not Eject Blackjack Players for Card CountingFrom Donovan v. Grand Victoria Casino & Resort (Oct. 30), in which the Indiana Court of Appeals so holds, and cites a 1982 New Jersey case so holding: [The casino] may not simply take refuge in the common law right of exclusion, inasmuch as it is the public policy of this State that gambling is subject [...] […]Eugene Volokh
- IJ’s Bone Marrow Case: Wrapping UpAll of us at the Institute for Justice want to thank Eugene for giving us an opportunity to discuss our latest case this week (previous posts here, here, here, and here). I want to use this last post to respond to a few comments. First, some people have argued in the comments that just because a [...] […]Jeff Rowes (Institute for Justice), guest-blogging
- Establishment Clause Violation in San Francisco’s Condemning the Catholic Church’s Refusal To Help With Adoptions by Same-Sex Couple?A Ninth Circuit panel said no in June, and I thought its ruling was correct, though I disapproved of San Francisco’s resolution on nonconstitutional grounds. But yesterday, the Ninth Circuit agreed to rehear the case en banc, so it might be that the panel decision will be reversed (though I still think that it’s [...] […]Eugene Volokh
- Illegal to (Among Other Things) “Be[] at a Location Frequented by Persons Who Use, Possess or Sell Drugs”Winston-Salem, N.C., had an ordinance that provided, (b) It shall be unlawful for a person to remain or wander about in a public place under circumstances manifesting the purpose to engage in a violation of the North Carolina Controlled Substances Act, G.S. 90–89 et seq. Such circumstances are: (1) Repeatedly beckoning to, stopping or attempting to stop [. […]Eugene Volokh
- Paul Hollander on the Fall of Communism
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