Updating our August 12 item: “A King County Superior Court judge refused Monday to vacate a nearly $13 million award to a Seattle firefighter who was injured at a fire station in 2003. The city of Seattle appealed the award after an investigator it hired captured Mark Jones on surveillance video dancing, chopping wood, playing horseshoes and bocce ball this past spring.” Judge Susan Craighead said the city should have developed its evidence earlier and that the standard for demonstrating fraud is an extremely high one in cases of this kind. [KOMO]
Tagged as:
Seattle,
Washington state
But Ted Frank explains why creating a new entitlement to taxpayer-paid civil lawyers is a bad idea [New York Daily News, PoL]:
As any economist would tell you, if you lower the price of something, you get more demand for it. If it becomes completely costless to bring suit, we will see many more meritless suits.
That’s no small problem in New York, where courts are already overloaded.
If a dispute over shelter entitles a cantankerous tenant to a free attorney on the government’s dime, it will be much easier for people to fight evictions when they violate a lease in ways that threaten other tenants or intentionally refuse to pay rent. Landlords, in turn, will have to hire their own attorneys and raise rents and costs for their honest tenants.
Not unrelated: U.S. is granting asylum requests far more often than formerly. Why might that be? [Ted's answer]
Tagged as:
civil gideon,
immigration law,
New York,
Ted Frank
Atlas carrying the law firm’s weight on his shoulders: a mobile photo from Steve Dillard of Georgia.
Tagged as:
chasing clients,
Georgia
The College Sports Council has recent reports from New York City, where both boys’ and girls’ squads have been sidelined following a New York Civil Liberties Union (NYCLU) suit over fall vs. spring scheduling (related earlier here, here, and here), and Kentucky, where quotas have prevented formation of a boys’ team.
Tagged as:
ACLU,
Kentucky,
NYC,
Title IX
- Supreme Court case: “Family’s vaccine claim is not sustainable” [Washington Post editorial, earlier] More: John Calfee, The American.
- GAO: HHS acted in “unusual” way when it muzzled health plans on ObamaCare costs [Cannon/Cato-at-Liberty, earlier]
- “Trial Opens for Adoption Attorney Accused of Stealing From Clients” [NYLJ]
- U.K.: A “human right” to have someone prosecuted? [Greenfield]
- “Dodd-Frank, Bubble Laws, and Quack Corporate Governance” [Bainbridge]
- Child overprotection: “Pack away the cotton wool” [Sydney Morning Herald editorial, scroll]
- Here comes another SCOTUS case in the Twombly-Iqbal series? [WLF] Update: Apparently not [Ted at PoL] Why Iqbal and Twombly were rightly decided [Beck]
- Don’t link, criticize, use our name, refer to us, view our source code… [three years ago on Overlawyered]
Tagged as:
international human rights,
pleading,
vaccines
As a connoisseur of hot-coffee cases, I’m always excited to see a court get one right. The Abnormal Use blog points us to Colbert v. Sonic Restaurants, No. 09-1423, 2010 WL 3769131 (W.D. La. Sept. 21, 2010). The plaintiff made the usual gamut of “design defect” and “failure to warn” claims, but the court wasn’t buying it. Note that the plaintiff claimed to be injured by the coffee at Sonic Restaurants, yet another refutation of the trial-lawyer claim that Stella Liebeck’s McDonald’s coffee was unusually hot.
Tagged as:
eat drink and be merry,
failure to warn,
hot coffee,
restaurants,
Stella Liebeck
Pleasant Hill, Calif.: “John F. Kennedy University this week removed a garden that had been at issue in a disabled-access lawsuit, stunning students and instructors who had raised thousands of dollars to fix the problem.” A graduate student had sued over lack of wheelchair access to the garden, which was used by about 60 students a year; the estimated cost of accessibility fixes was $56,000. [San Jose Mercury-News]
Tagged as:
colleges and universities,
disabled rights
