The old ones had to go because broken glass makes too handy a weapon [Lowering the Bar, earlier]
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From the monthly archives:
May 2010
80 percent of chief legal officers and general counsels in a new survey disagreed with the statement, “Outcomes are driven more by the merits of the case than by litigation costs.” [Tony Mauro, NLJ via PoL]
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Don’t trust the reports of a supposed $75 million limit on damages, which are being spread by some who should know better — including New York Times columnist Paul Krugman.
More: Katrina Kuh at Prawfsblawg takes a look at proposed legislation on the topic. And welcome readers of Daniel Gross’s Slate column.
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“If you sell sandwiches that happen to be, oh, 12 inches long, and you dare to refer to said sandwiches as being a ‘footlong,’ then Subway would like to have a word with you.” [Bruce Carton, Legal Blog Watch; cease and desist letter, PDF, via NPR]
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Beck et al see hope in a decision by the Federal Circuit.
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A new law enforcement trend seems to press impaired-driving law into service as a way of pursuing other, unrelated law enforcement goals [Sullum, Reason]
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No sooner do I blog on the food nannies’ campaign for a federally redesigned hot dog (earlier here and here) than Hot Air “Green Room” observes that Mayor Bloomberg’s anti-salt minions have gotten Heinz to promise to reformulate ketchup.
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- Upside-down logic of Supreme Court’s Comstock, Graham cases: imprison youthful offenders for life only if they haven’t had protections of formal trial [Popehat, Pilon, Shapiro, Volokh, Pattis] Kennedy returns to use of international “consensus” as guide in constitutional interpretation [Shapiro, Bader]
- Connecticut AG Richard Blumenthal, noted scourge of misleading ad promotion (as in the Sony ghost blurber case), falsely claimed Vietnam service [Raymond Hernandez, NY Times] Cf. the curious “Harvard swim captain” claims investigated by Chris Fountain. More: AllahPundit.
- Louisiana politico Theriot: my suit against online critics is meant not to shut anyone up but to pick up useful tips on governance [Times-Picayune, Jefferson Report, Volokh, NY Times]
- South Carolina juries not allowed to hear evidence about seat belt use in car crashes [Pero]
- More links on “Lady KaGa” Supreme Court nomination [Cato at Liberty, Ted at PoL]
- Risk of “minor” injuries may result in end to Naval Academy tradition of stunt climb [John J. Miller, NRO]
- “Art of the Steal,” documentary on epic battle over donor intent in case of suburban Philadelphia Barnes collection [Kauffmann/TNR, L.A. Times, CultureGrrl/ArtsJournal]
- “Why Good Intentions are Often Not Enough: The Potential for Ethical Blindness in Legal Decision-Making” [Kath Hall (Australian National University), SSRN via Andrew Perlman, Legal Ethics Forum]
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Trial courts should do more to police “oppressive” discovery requests, according to one state’s high court. [Abnormal Use]
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An Ontario woman wants Rogers Wireless Inc. to pay C$600,000 for sending her household a “global” invoice that wrongly alerted her husband to lengthy phone calls from which he deduced her extramarital affair, leading him to walk out on her. [Toronto Star]
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They’re felt more than ever in today’s economy, notes Amy Alkon.
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Scott Greenfield thinks it must be wonderful to be him.
I was a guest this evening on Kevin Whalen’s Pundit Review talk show on the Boston station. We mostly discussed the Elena Kagan Supreme Court nomination, on which I’ve blogged here, here, here, and here. More: a write-up, and audio.
- Doc self-injects with Botox, wins $15 million on failure-to-warn claim [Legal Blog Watch]
- Kindergarten teacher Tonya Craft acquitted in widely watched abuse-allegation case [Sullum and more, Greenfield, Popehat, A Public Defender, Lynch]
- Naughty Toyota, it defends itself when attacked [Fumento, Ted at PoL]
- Washington Post profiles economist/perennial blogroll favorite Tyler Cowen (Marginal Revolution) with guest appearance by fashion business mentor/outspoken CPSIA critic Kathleen Fasanella;
- Business groups oppose nomination to federal judgeship of Rhode Island trial lawyer/political kingmaker Jack McConnell [ShopFloor]
- “CEI’s FTC Complaint Against GM: A Response to Walter Olson” [Fred Smith/Open Market, earlier]
- Bad: New York’s highest court limits assumption of risk defense [NYLJ, Mura, Rapp]
- Why we can’t represent you in your suit demanding removal of your microchip brain implant [Popehat]
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The Third Circuit has ruled that under the Americans with Disabilities Act “employers may need to make reasonable shift changes in order to accommodate a disabled employee’s disability-related difficulties in getting to work.” The case involved a Rite Aid worker who could not drive at night because of glaucoma and wanted a transfer to the day shift. [Colwell v. Rite-Aid, PDF, via Hyman]
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According to the New York Law Journal, “hundreds” at least of law firms have fallen victim to advance-fee and counterfeit-check scams in recent years.
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A lab technician in Bolton, Lancashire, U.K. kills himself after an offhand joke at his workplace is denounced as insensitive [Telegraph, Mail]
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The firm often sues insurance companies for amounts under $50, sometimes under $5. A manager with one defendant said the lawyers can use a $1 settlement to leverage a demand for thousands in legal fees payable by defendants. The firm, which has filed more than a thousand cases since last summer, acquires potential claims from medical clinics which bill the insurers over care dispensed after no-fault auto accidents; often the clinics have been paid for the bulk of the case, leaving a small unpaid sum. [Jane Musgrave, Palm Beach Post]
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