Did they pave the way for the now-disgraced lawyer’s efforts to obtain lucrative securities class-action work from the state of Florida? [Sydney Freedberg, St. Petersburg Times]
From the monthly archives:
January 2010
Connecticut Attorney General Richard Blumenthal, a perennial bete noire around here, is considered likely to announce for the seat.
P.S. More on Blumenthal’s record here, and welcome Professor Bainbridge readers.
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Two Chicago grocery store chains, Jewel and Dominick’s, bought full-page ads in “a special commemorative issue of Sports Illustrated magazine dedicated to [Michael] Jordan and his career”. The ads saluted the Chicago Bulls great for his achievements. Jordan proceeded to sue them for trademark infringement. [Chicago Breaking Sports, Tactical IP via Legal Satyricon]
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Albuquerque Journal, last month: “After deliberating for less than four hours, a Roswell jury decided that El Paso Natural Gas Co. is not liable for the emotional distress firefighters and emergency personnel suffered while responding to a pipeline explosion that killed 12 people, many of them children, in 2000.” Two years ago the New Mexico Supreme Court had allowed the suit to proceed, chipping away at the “firefighter’s rule” which traditionally barred recovery by rescuers against those who caused the accidents to which they were responding.
“A Florida prison inmate is suing the nudie magazine because it refused to send a subscription to him behind bars.” [Citrus Daily, Gothamist]
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- Other motorist in fatal crash should have been detained after earlier traffic stop, says widow in suit against Kane County, Ill. sheriff’s office [Chicago Tribune]
- Now with flashing graphic: recap of Demi Moore skinny-thigh Photoshop nastygram flap [Xeni Jardin, BoingBoing, Kennerly]
- Blawg Review #245 is hosted by Charon QC;
- Expensive, unproven, and soon on your insurance bill? State lawmakers mull mandate for autism therapy coverage [KY3.com, Springfield, Missouri]
- “NBC airs segment on Ford settlement: Lawyers get $25 million, plaintiffs get a coupon” [NJLRA]
- “Drawing on emotion”: high-profile patent plaintiff’s lawyer Niro writes book on how to win trials [Legal Blog Watch]
- “Virginia Tech faces lawsuit over student’s suicide” [AP/WaPo]
- Maryland lawmaker’s Howard-Dean-style candor: “you take care of your base… It’s labor and trial lawyers that get Democrats in office” [Wood, ShopFloor]
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The New York Times reports on allegations (earlier here, h/t Patrick) that some process servers falsely claimed to have served papers on defendants who subsequently lost default judgments. Per one law encyclopedia:
The tricks of serving process papers can, however, reach a point that the courts will not tolerate because they subvert the purpose of service or threaten to disrupt the administration of justice. The most intolerable abuse is called sewer service. It is not really service at all but is so named on the theory that the server tossed the papers into the sewer and did not attempt to deliver them to the proper party. Sewer service is a fraud on the court, and an attorney who knowingly participates in such a scheme can be disbarred.
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Hurricane Katrina legal aftermath, cont’d: “About 200 lawsuits have been filed in Louisiana alleging that these institutions [hospitals and nursing homes] are liable for the deaths and for the suffering of other patients who survived because corporate failure to plan adequately for flooding and implement evacuation constituted negligence or medical malpractice.” [New York Times] (& welcome Above the Law, On the Record readers)
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The New York Times has more on the customs surrounding the traditional French galette des rois baked with little figurines inside, though it does not get into the possible legal or regulatory angles that might prohibit placing such items in interstate commerce. In this case they’re prepared by a licensed home baker in Larchmont, N.Y. For the cases of New Orleans king cake, Christmas puddings, Kinder Surprise candy, etc., see earlier posts.
P.S. For more on Epiphany traditions of “Twelfth Cake,” see Christine Lalumia/BBC, David Zincavage, and KatInTheCupboard/Flickr (1937 children’s book).
The Ninth Circuit affirmed a 2008 lower court ruling throwing out the class action against Apple [Reuters, Food Liability Law, earlier here and here]. More: California Civil Justice.
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“I strongly disagree that this case is a classic example of the legal system run amok; in truth, it is a classic example of justice being served,” said David Brill, Florida-based attorney for plaintiff Danny Simpson, a fitness instructor on Norwegian Cruise Line’s Norwegian Crown who slipped on a wet floor area. [Gene Sloan, USA Today "Cruise Log" blog]
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Washington, D.C. wants to grab unused minutes on phone calling cards. [Radley Balko, Reason "Hit and Run"]
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- “A Patient Dies, and Then the Anguish of Litigation” [Joan Savitsky, NYT, more]
- “Kern County’s Monstrous D.A.” [Radley Balko]
- “Former N.Y. Judge Sentenced to 27 Months in Jail for Attempted Bribery” [NYLJ]
- “ADA Online: Is a Website a ‘Place of Public Accommodation’?” [Eric Robinson, Citizen Media Law, background here and here]
- “The New Climate Litigation: How about if we sue you for breathing?” [WSJ editorial]
- Saratoga school district agrees to overregulate, rather than ban, students’ bikes [Free-Range Kids, earlier]
- “Head of BigLaw pro bono department fails to pay income taxes for 10 years? How’s that happen?” [WSJ Law Blog]
- Municipal subprime suits: “The Most ‘Evil’ Lenders Are Also, Conveniently, The Richest” [Kevin Funnell; more at Point of Law]
Florida’s Sugar Bowl blowout of Cincinnati (the game wasn’t even as close as its 51-25 final score, given the 37-3 third quarter lead) is a rebuke to efforts to regulate the BCS, though admittedly the US would be better off if Congress dropped its current agenda and spent 2010 in hearings and debates over the optimal means of determining the college football champion.
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Former Congresswoman Anne Northup, now a commissioner at the Consumer Product Safety Commission, 
had an op-ed in the Journal last week on the continuing damage being wrought by the Consumer Product Safety Improvement Act (CPSIA). Related: Rick Woldenberg (”Big Toy may be prospering right now, but the little guy is getting killed”). And Karen Raugust at Publisher’s Weekly has a year-end status report on the unpleasant effects of the law on various segments of the kids’ book business, including retailers, “book-plus” and novelty book makers, and one of the most seriously endangered groups, sellers of vintage children’s books.
PUBLIC DOMAIN IMAGE from Elise Bake, Der Ball Der Tiere (”The Animals’ Ball”, German, 1891), courtesy ChildrensLibrary.org.
A Bay Area crackdown nets 47 holiday violators of the fireplace ban [Contra Costa Times via David Freddoso, Examiner] Earlier here, here, etc.
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