From the monthly archives:

August 2010

August 11 roundup

by Walter Olson on August 11, 2010

  • General Mills sends lawyers after local “My Dough Girl” Bakery [Consumerist via Amy Alkon]
  • But he can reapply in five years: “Lawyer Takes Plea in Case Over His Hardball Litigation Tactics, Will Be Disbarred” [ABA Journal, California]
  • “Shame on Elie Wiesel” for threatening a lawsuit over his fictionalization in a stage play [Terry Teachout]
  • State AGs dive into HIPAA and health privacy enforcement [Nicastro, Health Leaders Media]
  • More highlights from Daniel Okrent book on Prohibition [Tabarrok]
  • Denver school board investment fiasco [Popehat]
  • Russell Jackson on the Yoo-Hoo chocolate beverage class action [Consumer Class Actions and Mass Torts, earlier]
  • California court rules state’s Moscone (”little Norris-LaGuardia”) Act unconstitutional [Workplace Prof]

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Over dissents from two justices, the New Jersey Supreme Court has declined to disbar an attorney who made “repeated, demeaning and offensive suggestions to his clients” in “an effort to barter his professional services for sexual favors.” The punishment instead: suspension for a year and required sensitivity training. Solangel Maldonado at Concurring Opinions thinks the court was too lenient, arguing that an employer charged with similar conduct toward an employee would have faced extensive liability under sexual harassment law.

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The Transport Workers Union has filed suit to block the legalization of private van services that could run along city bus routes Mayor Michael Bloomberg has targeted for cuts. [Richard Epstein, Forbes]

August 10 roundup

by Walter Olson on August 10, 2010

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The Center for Class Action Fairness filed an amicus brief yesterday on behalf of consumers in the Supreme Court case of AT&T Mobility v. Concepcion; Public Citizen brought a suit successfully striking an arbitration provision in a cell-phone contract as “unconscionable” because it did not provide for bringing class actions—even though consumers as a whole would be better off with the generous arbitration provision than with opportunity for the class action. Of course, then trial lawyers lose out. More at Point of Law; and Public Citizen’s page on the case has other briefs and links to (generally pro-trial-lawyer) blog commentary.

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Citing text messages she sent her boyfriend shortly before the incident, Montana prosecutors contend that Justine Winter’s crash at 85 mph into an oncoming vehicle was a deliberate suicide attempt. Winter, who faces trial on homicide charges in the deaths of Erin Thompson, the woman she ran into, and Thompson’s 13-year-old son, has now sued Thompson’s estate as well as the construction company that built the interstate overpass where the accident occurred. [Daily Inter Lake, Siouxsie Law]

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The disgraced class action king plans to teach an ethics-of-capitalism course at Irvine. Prosecutors wonder whether it’s really aimed at doing penance for his ethical failings, or instead will offer him a chance to blast away at his enemies while garnering “community service” credit. [Josh Gerstein, Politico; David Lat, Above the Law]

Update (sub-only NLJ via Ted at PoL): Judge John Walter denies Lerach’s request for the course credit and lambastes the unrepentant felon more generally:

“He misled and fooled the court into believing he had remorse at the time of his sentencing.” Walter said that he now believes the sentence was “way too lenient” and regretted having accepted Lerach’s plea deal.

(& welcome Bainbridge readers)

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Plaintiffs in a Florida case say they caught the defense at it red-footed. [Bruce Carton, Legal Blog Watch]

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Springfield, Ohio: “The family of a man who was hit by a train while jumping off a trestle into a river two years ago is suing the railroad and a local canoe center.” The canoe company, according to the complaint, “knew or should have known that individuals frequently went onto the train trestle and jumped into the Mad River.” [Springfield News-Sun]

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The Namby Pamby offers reasons to be nice to one’s lawyers.

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Arkansas Attorney General Dustin McDaniel has bestowed $100,000 to assist in construction of the Arkansas Fallen Firefighters Memorial on the grounds of the state Capitol. The money came from the settlement of a lawsuit against the Pfizer drug concern, the connection of which to the cause of fallen firefighters is at best obscure. [Arkansas Online]

Organized labor blocks a potentially valuable pathway of innovation. [Katherine Mangu-Ward, Reason]

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Big Collegiate Licensing has appealed a federal court’s ruling in favor of an artist who depicted Alabama’s Crimson Tide football team without consulting, and paying a fee to, the university’s rights department. [Ron Coleman]

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Hikaru Katayamma snapped a pic.

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August 6 roundup

by Walter Olson on August 6, 2010

Another reparations case filed in the California courts over 100-year-old events, courtesy high-profile lawyers Brian Kabateck and Mark Geragos [AP, Reuters, complaint (PDF) courtesy WSJ Law Blog] Earlier here, here, here, etc.

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Plague-squirrel panic!

by Walter Olson on August 6, 2010

Coyote offers a behind-the-scenes look at the safety-related closure of a California federal park to camping over the vacationer-heavy July 4 holiday.

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August 5 roundup

by Walter Olson on August 5, 2010

  • Wouldn’t it be nice if Congress lifted the ban on Internet gambling [Steve Chapman]
  • Design of New Orleans shotgun houses is an adaptation to tax laws [Candy Chang]
  • Lawyer-enriching Costco class action settlement draws an objection from a blogger often linked in this space [Amy Alkon]
  • “Fourth Circuit slaps down N.C. attorney general’s suit against TVA” [Wood/PoL, Jackson]
  • South Carolina jury’s $2.375 million award based on premise that Nissan should have followed European, not U.S. crashworthiness standards [Abnormal Use]
  • City of Cleveland won’t take no for answer in dumb lawsuit against mortgage lenders [Funnell]
  • Charles H. Green at TrustMatters hosts Blawg Review #275;
  • Duke lacrosse fiasco: Nifong’s media and law-school enablers [three years ago at Overlawyered]