Although the extent to which foreign legal standards should influence our own is very much a legitimate topic for debate, this particular bill is deeply misguided. [Eugene Volokh]
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From the monthly archives:
February 2010
Don’t assume it’s a complete fluke, says Matt Welch, these “deadbeat dads” programs really are set up to resolve every doubt in favor of collection [Reason "Hit and Run", Amy Alkon]
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It “did not rise to the level of a kitchen suitable for a property located at 50 Gramercy Park North,” says the realty group that rented the apartment from the owners. P.S. New York Daily News link mistakenly omitted before (h/t Bob Montgomery).
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Logorama is an Oscar-nominated 16-minute film with R-rated language and situations and as many as 2,500 possible intellectual property violations. [GarageTV, Belgian, via Nancy Friedman, who calls it "startling and hilarious".]
BL1Y wonders whether the numbers add up, though (via Above the Law, Courthouse News). The class action firm filing the case is Lakin Chapman; it and its predecessor firm are well-known to longtime Overlawyered readers. More: Lowering the Bar.
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Reporting on possible legal angles arising from a veteran trainer’s death, the popular blog links to this post of ours from last year about how Florida amusement and theme parks appear to be aggressive and successful in defending against litigation.
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With unintended comic results, in the case of an old Ann Althouse post about Bob Dylan. “Instead of dashing to the scene of an accident, lawyers in need of clients dash to blog posts about accidents.”
- 1978 accident settlement: “Old check for $17,500 found in woman’s nightstand drawer” [Orlando Sentinel]
- John Tierney on the great dietary salt debate [N.Y. Times]
- U.K.: reports from chiropractor association libel case against Simon Singh [Jack of Kent, Index on Censorship, Crispian Jago, earlier here, here, here, etc.]
- Law firm marketers should employ Hitler videos with care, if at all [Greenfield] Another funny lawyer ad from NYC’s Trolman, Glaser & Lichtman [Lowering the Bar, earlier]
- Claim: to undo “blockages”, psychic needed $4,773 shopping spree at Ralph Lauren [N.Y. Daily News, h/t Siouxsie Law]
- First Amendment plaintiff wins $1,791, but Jefferson County, Colorado may be out a million in legal fees [Karen Crummy, Denver Post]
- Unanimous SCOTUS ruling could curb forum-shopping in suits against national businesses [Krauss, PoL, and more at roundup]
- Long Island: “Woman Sues ‘Babies ‘R’ Us’ Over Peanut Allergy” [WCBS]
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I’ve got a link roundup at Point of Law and have updated the earlier post as well; it seems NBC News led off its broadcast with 11 straight minutes on the carmaker.
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Agency Spy: “Brands Scolded for Tweeting About Olympics”
He says a flying wiener thrown into the stands by the team’s mascot, Sluggerrr, nearly put his eye out. [AP/Joplin Globe] On the demise of flying peanuts in Boston and flying tortillas in San Antonio, see this post and this, respectively. More: Lowering the Bar.
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Apparent theory: YouTube should screen and monitor everything before it goes up. [TechDirt, American Lawyer, Jim Harper/Cato at Liberty, New York Times]
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Per Joe Mullin, many of the plaintiffs appear to be attorneys. [Justin Gray, Gray on Claims; earlier here and here] [Corrected Wed. evening: Mullin says in email he initially overestimated the number of suits filed directly on attorneys' behalf.]
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Amid increased chatter about finally getting some legislative fixes made to the horrendous CPSIA, the Democrats seem insistent that crystals and like embellishments must remain banned on children’s products, though (says Rick Woldenberg) they “have no history of causing lead poisoning.” Earlier here, here, here, etc. Related: Jennifer Taggart [belt buckle on Disney Princess pants]; Amend the CPSIA [hair bow maker left with thousands in unsalable inventory]
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After announcing a big campaign to oust bad teachers, New York City has succeeded in firing only three in two years; ten others “settled their cases by resigning or retiring”. There are 55,000 tenured teachers in the city system. [Jennifer Medina, New York Times; Matt Welch, Reason "Hit and Run"] More: New York Times “Room for Debate”.
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Surreal notes from the frontiers of food paternalism in the New York City school system:
“It’s unrealistic to say a young adult can’t make a decision about whether they can eat something,” said David Greenblatt, 18, a senior at the High School of American Studies at Lehman College. “Soon I’ll be in college, and I won’t have Mommy or Daddy or Chancellor Klein sitting right next to me saying, ‘Hey David, don’t eat that, its too high in calories.’”
Coming soon to a school system near you. [Sharon Otterman, NYT "City Room"] A roundup of reactions: Gail Robinson, Gotham Gazette “Wonkster”.
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- Adventures of a 28-year-old California foreclosure attorney [McSweeneys]
- National Enquirer ruled eligible for Pulitzer Prize consideration for John Edwards coverage [ABC, Guardian]
- Las Vegas attorney agrees to plead to unspecified charges in tort-mill scheme initially described by prosecutors as massive [ABA Journal, earlier here and here]
- Expect demands for greater regulation of general aviation after Austin attack [Skating on Stilts]
- Dear firm colleagues: does Morocco has an extradition treaty with the U.S.? Need to know quickly [Lowering the Bar] Related on Scott Rothstein: do not purchase investment advice from persons with gold toilets;
- Is a Texas prosecutor seeking to criminalize workplace accidents? [Bennett, Defending People]
- Cold comfort dept.: lawprof tired of people carrying on about being dragged through litigation, it’s not as if they’re being held liable [Howard Wasserman, Prawfsblawg]
- Iceland’s free-press project “is largely symbolic – which is not to say unimportant” [N.Y. Times quoting David Ardia, earlier]
Some views you probably won’t be hearing during today’s highly orchestrated Capitol Hill events [Ed Wallace, Business Week] Regarding that “declining quality at Toyota” meme ["The Truth About NHTSA Complaints," TTAC] Sudden runup in count of deaths “linked to” possible Toyota acceleration is from newly filed reports on old cases [Fumento/CEI] Commentary from Richard Epstein [Forbes.com via Damon Root, Reason "Hit and Run"] Former trial lawyer lobbyist David Strickland, now helping lead charge against Toyota as NHTSA administrator, was principal author of ghastly CPSIA law [Amend The CPSIA] Also: links to ongoing Point of Law coverage.
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