Chronicling the high cost of our legal system
From the monthly archives:
Obesity-as-disability in Canada: “Marise Myrand said her condo association discriminated against her by denying her a parking spot closer to her building entrance.” She’s now won a favorable ruling from the Quebec Human Rights Tribunal and a $10,000 settlement. [The Globe and Mail, h/t reader Vicky G.]
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At Point of Law I’ve got a post up about a significant embarrassment — $18 million worth — for veteran Connecticut Attorney General (and now Senate candidate) Richard Blumenthal.
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“The American Psychiatric Association wants binge eating and excess gambling to be considered psychiatric disorders. … Lawyers have plenty to say about the proposed disorders, which, some argue, could open up the door for yet more disability suits in the workplace.” [Tresa Baldas, NLJ]
Per ABC News, Andrew Young says that Elizabeth Edwards has threatened him with a lawsuit under North Carolina’s law permitting lawsuits against third parties — not limited to paramours — who helped break up a marriage. We’ve been covering the workings of this law for years at Overlawyered, and Ted may have been the first to spot its possible application to the Sen. Edwards squalor-ama. Much more at Death by 1000 Papercuts. (Rewritten somewhat for clarity 1 p.m. Eastern; & welcome Mickey Kaus readers)
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Orac has plenty of interesting reporting and coverage here, here, and here (earlier). Update: Not guilty.
Lake Mary High School concedes it has no legal grounds on which to resist Chrysler’s request. Contrary to many readers’ suggestions, the automaker did not agree to license the logo’s use on cordial terms. To quote the Orlando Sentinel account:
“As I am sure you can appreciate from your years of work with the board, control of use of a mark by enthusiastic students and parents is quite simply not practical, and I know the school and board would not want to be in the position of censoring student expression associated with the design,” wrote Judith Powell, an attorney for Chrysler.
(& welcome The Truth About Cars readers)
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Eugene Volokh says there’s nothing new about it, it appears to date to the Red Scare in 1951. Corrected earlier post here.
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Patrons of the Taipei pastry shop were entirely unsuspecting of the horde of trademark lawyers about to descend. [via John Mesirow, Legal Juice]
So argues Harvard’s Laurence Tribe. [Washington Legal Foundation, PDF (with co-authors Joshua Branson and Tristan Duncan), via Adler]
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“How Google got control over millions of out-of-print books” via a legal settlement. [Michael May, Texas Observer]
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“A woman who says she was attacked by a homeless man and woman while leaving a Jewel Food Store is suing the store and the alleged homeless individuals.” [Jennifer Fernicola, ChicagoNow]
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And lawyering ensues [Sun-Sentinel, Orlando Sentinel]
P.S. Commenter VMS: “Sometimes corporations need to use their marketing brains rather than their legal muscle…. If Walter Chrysler were still around, he would have instructed his lawyers to license the mark to the team at minimal cost.”
Update: High school yields and a Chrysler lawyer explains the company’s rationale for not doing a license.
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Late-night fast food at a Virginia gas station McDonald’s proves fateful, if not fatal. [Kevin Couch at new, South Carolina-based Abnormal Use: An Unreasonably Dangerous Product Liability Blog]
P.S.: Jim Dedman of the Gallivan firm writes in email: “Walter, we’re big fans of Overlawyered here at our firm in South Carolina, and I myself have been reading it since I was a law student. We started our blog on the first business day of 2010, partially inspired by having read your site for years. Thanks again, and we look forward to being a part of the blogosphere with you.” Inspiring others to jump in is one of the true psychological rewards of blogging.
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If you intend to overthrow the government, you must notify it in advance and pay a $5.00 fee. [Bruce Schneier, Patrick at Popehat]
Correction/P.S.: According to Eugene Volokh, the underlying source (Raw Story) erred in thinking that there’s anything new about this South Carolina law, which has been on the books since 1951, a period when many anti-Communist laws were being enacted. I’ve amended the headline accordingly. Commenters at Volokh.com say a pending bill in the state legislature would repeal the provision, whose enforceability is in any case doubtful under established constitutional law.
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The Manhattan Institute report on plaintiff’s bar lobbying is now online. [cross-posted from Point of Law]
The feds apparently expect their newest incursion into local school autonomy to go as easily as taking candy from a baby, which always was a puzzling figure of speech [New York Times]
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