From the monthly archives:

May 2010

I’m delighted to announce that I’ve joined the Cato Institute as a senior fellow, effective this week. As most readers of this site know well, Cato is the premier voice for individual liberty in our nation’s capital, and a think tank of tremendous accomplishments across the board. Its program on law, led by Roger Pilon, includes such outstanding thinkers as Tim Lynch, Ilya Shapiro and Robert Levy. Cato is particularly known as a place where free speech, civil liberties, and the Bill of Rights are given the centrality they deserve in legal thinking, and it’s also a powerhouse in studying the ill effects of government regulation. In fact, the publication where I got my real start in the policy world, the magazine Regulation (originally published by the American Enterprise Institute), has made its home at Cato for many years now. In short, it’s hard to imagine a better fit with my writing and research interests.

I’ll be saying goodbye to my colleagues and kind friends at the Manhattan Institute for Policy Research, which has long supported my work in the most patient, good-humored and uninterfering way I could have hoped for. I’m immensely fortunate to have been part of MI for more than 25 years and I know I’ll learn much more from its formidable thinkers in years to come. While I’ll continue to contribute occasionally to MI’s blog/web magazine Point of Law, I’ve left its editorship, and I’m happy to say the Institute had the good idea of hiring as my replacement none other than Ted Frank, of Overlawyered and CCAF fame.

Jim Copland of the Manhattan Institute has some extremely kind things to say at Point of Law about our long association. The blog Think Tanked reprints the MI’s generous announcement.

I’ll still be posting as usual here at Overlawyered, and I’ll also be joining as a contributor at the excellent group blog Cato at Liberty, which you should promptly place in your RSS feed if you haven’t already. In months ahead I’ll have more to say about some new projects I’ll be pursuing at Cato, as well as existing projects many readers already know about, like my forthcoming book on bad ideas from legal academia, Schools for Misrule.

P.S. Cato’s press release and bio page for me are up, as is a welcoming post from Roger Pilon at Cato at Liberty. And thanks for the very generous words to Dan Pero at American Courthouse, Carter Wood at NAM ShopFloor, and Alan Lange at Y’AllPolitics.

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A small businesswoman in New York asks for a bit of legal help in dealing with a sublease, and sets herself up for an unpleasant surprise: “How Do Lawyers Get Away With This Stuff?” [Jennifer Walzer, NY Times "You're the Boss" via Balasubramani]

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“Jane Doe” has sued a Missouri company, Foxtrax Vehicle Tracking Inc., in a Wisconsin court, saying it aided and abetted her domestic partner in tracking her whereabouts, thus enabling him to commit assault and battery on her. [Milwaukee Journal-Sentinel via Masnick/TechDirt and Siouxsie Law]

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By popular demand, we note the existence of the case of Zeynep Inanli v. Starbucks Corp et al, New York State Supreme Court, New York County, No. 105767-2010, where Ms. Inanli has alleged second-degree burns from tea that was “unreasonably hot, in containers which were not safe.”

You will recall that part of the trial lawyer defense of the McDonald’s hot coffee case are the factually false claims that (1) only McDonald’s sold beverages hot enough to cause burns and (2) after Stella Liebeck won her suit, hot-beverage vendors everywhere reduced their temperatures to a “safe” level. Of course, the Reuters account fails to indicate sufficient facts to determine whether Ms. Inanli’s scenario reflects injuries from a spill that was her own fault or the fault of Starbucks.

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Lenders have taken over control at a newspaper that for decades served as a libertarian voice whose influence extended far beyond Southern California; lawsuits between members of the founding family played a key role in the paper’s downfall, and an employee classification suit filed on behalf of carriers didn’t help either.

The City Museum in St. Louis is not your usual assemblage of annotated exhibits: it’s a thrill-seeker’s delight, with a giant jungle gym and slides, described as a cross between “a playground and a theme park,” and a huge success that draws 700,000 visitors a year. It also has been sued numerous times by patrons who managed to get hurt on its determinedly non-soft surfaces, and unlike the great majority of defendants, it has chosen not to clam up when sued. As the St. Louis Post-Dispatch relates, the quirky museum used its Facebook page to call out by name some plaintiffs who have sued after taking (in its view) inadequate care for their own safety and, somewhat more acerbically, the lawyers who prosecute the suits. Its news release has more:

Just to give you a quick glimpse into what we go through at the City Museum, a couple of years ago our rock fell 4 feet. The next day we had over 12 people call and tell us they were injured when the rock fell. To investigate these claims, we reviewed the video of the rock falling and we posted the video clearly showing that there was no one next to the rock when it fell on our website. When this was brought to several of the caller’s attention they either hung up or changed their stories.

From a Wall Street Journal account (attorneys “take the fun out of life”):

A sign near the admission gate gives the names and phone numbers of law firms that have represented people who sued the museum, blaming them for a 9% surcharge recently added to the cost of a ticket.

More: Shield of Achilles (”naming and shaming”), Free-Range Kids (with reader comments).

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And suits against multiple defendants follow, including an allegation that the owners of the salon in question had reason to know that the sidewalk in front of their window was “frequently traveled by intoxicated pedestrians.” [WBBM Chicago]

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A Long Island doctor is suing the University of Rochester for $200,000 over the school’s failure to award his sons summa cum laude status despite their stellar GPAs. The school says it is correcting the oversight and claims it wasn’t aware of the problem until a reporter alerted it to the lawsuit. [New York Post]

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May 3 roundup

by Walter Olson on May 3, 2010

  • Lawmakers in Georgia vote for bill to forbid forced micro-chipping after listening respectfully to “this happened to me” story [Popehat]
  • “Why does the Wall Street regulation overhaul give FTC authority over the Internet?” [Morrissey and WaPo via Gillespie]
  • “Woman alleges termination due to gender, not sleeping on the job” [SE Texas Record]
  • Writers’ Union of Canada surprisingly unfriendly toward writers’ freedom regarding fair use/fair dealing [BoingBoing]
  • Despite purported bar on strategic use, Senate bill to stay deportation of illegal aliens while workplace claims are pending would create incentive to come up with such claims [Fox, Employer's Lawyer]
  • “California Magistrate Scoffs at Plaintiff’s MySpace Page, But Awards Damages Anyway” [Abnormal Use]
  • State of free speech in Britain: police confront man over political sign in window of his home, arrest preacher over anti-gay remarks [Mail and more, Telegraph via Steyn, related from Andrew Sullivan and MWW]
  • “Should Tort Law Be Tougher on Lawyers?” [Alex Long, TortsProf]

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Stanford lawprof Deborah Rhode wants to get the law more involved (cross-posted from Point of Law).

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Lowering the Bar has details on the latest California case alleging fraud. Food Liability Law Blog wonders whether it and the related Crunchberry suit will make for an “endless loop” of courtroom activity. Earlier here, etc.

P.S. Don’t miss our funny reader comments on this one.

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U.K. libel tourism and blasphemy law, that is: “Up to 95,000 descendants of the prophet Muhammad are planning to bring a libel action in Britain over ‘blasphemous’ cartoons of the founder of Islam, even though they were published in the Danish press.” [Times Online via Andrew Stuttaford, Secular Right]

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