- “Court to Plaintiffs: You Have Zero Forum Shopping Days until Xmas” [Jackson; New Yorker seeks to refile pharmaceutical case in Minnesota to overcome statute of limitations defense]
- Miller-Jenkins battle: Mathew Staver of whimsically named Liberty Counsel won’t comment on whether client has kidnapped child in pursuit of continued defiance of court order [BTB, WSJ Law Blog, background]
- “How many college football coaches have law degrees?” [Above the Law; Mike Leach vs. Texas Tech] More: Michael McCann, Sports Law; Carter Wood at Point of Law.
- “Struck by a restaurant’s decor” good if it’s just a figure of speech, bad if it’s falling taxidermy [Lowering the Bar]
- Trial lawyer message in support of med-mal litigation falls on some credulous ears in media [White Coat]
- On airport whole-body imaging, some privacy advocates seem to have changed tune [Stewart Baker]
- “Litigant Guru of Gwinnett, Georgia Loses Lawsuit” [sanctioned over defamation claim; Bad Lawyer via AtL]
- Step right up and win cash for your vote in the ABA’s blogospheric beauty pageant [Scott Greenfield] Update: contest wraps up [Legal Blog Watch]
From the monthly archives:
December 2009
Attorney Marc Randazza responds (PDF) to the nastygram over Twitter and Facebook complaints by a dissatisfied Florida man about Route 60 Hyundai. [Russ Lemmon, TCPalm] Earlier: Dec. 26.
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Orlando lawyer John Morgan concedes he doesn’t know which side has the better side in a contractual standoff between Fox and a local cable distributor (“For all I know, Fox may be right.”) but says he intends to file a lawsuit to force the showing of the Sugar Bowl to Florida viewers. [Hal Boedeker, Orlando Sentinel, WBDO]
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TSA can take decisive action after all, when bloggers as opposed to terrorists are the targets: “Two East Coast travel bloggers who posted a sensitive airport security memo on their Internet sites have been subpoenaed by federal officials trying to find out who sent them the document. One of the writers, Steve Frischling, also had his laptop seized by agents looking for evidence of his source for the Transportation Security Administration directive.” [Alison Grant, Cleveland Plain Dealer; Elliott.org; BoingBoing (Frischling got laptop back)(& welcome Coyote readers)]
More: Via Instapundit, a contrarian view from Christopher Fotos at Aviation Week, and coverage from Wired “Threat Level”. Update: TSA backs off [AP/Law.com, BoingBoing]
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It’s in part a pre-emptive defensive gesture by universities anxious not to get sued after suicides, which doesn’t make it a good idea. [Sally Satel, Minding the Campus]
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A group called the Lingerie Football League is flexing lawyerly muscle against both disgruntled former players who have criticized the league online and The Smoking Gun, which is covering the story.
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Kevin Underhill at Lowering the Bar catalogues claimant indiscretions that include performing a jig while being supposedly virtually unable to walk, and appearing regularly on a home-improvement cable TV show while collecting $147,000 in disability payments.
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“A Rockland County family filed suit against the New York Archdiocese after a Catholic preschool wouldn’t accept their child because she has not been fully vaccinated, according to the Post. The couple — who filed the suit anonymously — claim they are the victims of religious discrimination and are seeking a court order so their 4-year-old can attend the St. Margaret School in Pearl River after the preschool rejected their request for a religious exemption.” [Gothamist]
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Now that it’s unwrapped, don’t forget to stock it with a subscription to Overlawyered, only 99 cents a month [via @kindle_blog]
On Tuesday night, I received an aggressive and threatening letter from Martin Singer, Demi Moore’s attorney. It is marked “Confidential Legal Notice – Publication or Dissemination is Prohibited”. However, since Mr. Singer and I have no confidentiality agreement, and it provides essential context to the matter at hand, I have decided to publish it.
Citrano’s original post on Boing Boing discussed evidence that a Vanity Fair cover photo of the actress had been retouched. Now Boing Boing reports that it too, as well as other blogs such as Jezebel, have received nastygrams from Singer, and responds with new evidence on the retouching question. And it adds:
Yes, the discussion at hand is only about an image of a celebrity on the cover of a fashion magazine. But the ability to freely discuss the provenance and technical history of a photo, including those with more crucial news value — say, images of detainee abuse, or Iranian missiles — is a freedom we believe should be preserved.
On the Lavely & Singer firm’s “don’t you dare print this nastygram” demands, see, e.g., this earlier post. More: Scott Greenfield.
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As longtime readers of this site know well, the late mass tort king John O’Quinn nicked the accounts of breast implant plaintiffs with a fortune in unauthorized overcharges. Austin attorney Terry Scarborough, who spent ten years helping get some of the money back, “says he could have built a practice based on people itching to sue O’Quinn, whose generosity toward charitable and Democratic causes was shadowed by a reputation for stiffing fellow attorneys — a mortal sin in the practice of law.” [Austin American-Statesman, Texas Lawyer]
“The Supreme Court of Canada has taken away a $200,000 insurance award made to a Vancouver man who became paralyzed after a series of medical calamities arising from him having unprotected sex.” [The Globe and Mail]
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“A rapidly growing number of Big Apple moms are delivering their babies by Caesarean sections, with convenience and doctors’ fears of malpractice lawsuits fueling the dangerous trend according to a study by the nonprofit group Choices in Childbirth.” [NY Post/MyFox Boston]
No, it turns out, very much alive, and now a Florida couple may have to give back that $2 million insurance payout [Sioux Falls, S.D. Argus-Leader via Obscure Store]
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A nastygram from Route 60 Hyundai [Obscure Store, TC Palm, Florida]
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It’s a little-heralded gem, as I can confirm from personal experience [Somin, Volokh]
The 1947 novella always did seem to evoke the process of litigation on some psychological level, and here’s a literal lawsuit that arose from it just lately [Schwimmer, Trademark Blog]
