The family, now represented by Chicago’s Corboy & Demetrio, is refiling a suit dismissed earlier [Deadspin]:
According to The New York Times, the complaint alleges that the N.H.L., through the actions/inactions of the teams and team physicians charged with caring for Boogaard, breached a duty to Boogaard in failing to monitor his prescription drug use. The suit also alleges that the league’s substance abuse program violated its own rules when it failed to suspend or reprimand him for his several lapses, even in the face of multiple failed drug tests and his admissions that he occasionally purchased the drugs illegally.
P.S. In other sports-lawsuit news, “Vijay Singh sued the PGA Tour on Wednesday for exposing him to ‘public humiliation and ridicule’ during a 12-week investigation into his use of deer-antler spray that ended last week when the tour dropped its case against him.” [ESPN, auto-plays video]
Liability insurance rates soar for Florida retirees’ souped-up golf carts [Orlando Sentinel]
Step 2: Sue golf course because balls land constantly on your property. Step 3: Lose lawsuit. [Ravalli, Mont., Republic]
But of course. [Ryan Young, CEI]
“The city of Sanford [Florida] is in court — again — because the private company that manages its Mayfair Country Club golf course wants out of its 20-year contract, accusing the city of a 90-year-old lie. Maece Taylor Inc., which rescued and revived the course four years ago after the city had a falling-out with its previous operator, says its deal with the city is invalid because city officials lied about who designed the course in the 1920s.” [Orlando Sentinel]
“A golfer whose arm was torn off by an alligator during a round of golf in South Carolina has sued the course’s owner under the novel theory that the design of the course created an alligator hazard.” [OnPoint News]
Headline: “Teen hit with own golf ball sues for millions.” The youth was using a Hillsboro, Ore. driving range in the rain and his ball ricocheted off a metal awning post back into his face. [KATU]
“In a brief opinion released today, the New York Court of Appeals agreed with lower courts that a golfer hit by an ‘errant’ shot could not sue his co-golfer for negligence, because one who chooses to golf assumes the risk of being whacked by a golf ball.” [Lowering the Bar, AP, earlier]
Two doctors, frequent golf partners, were playing a round together when one was struck in the face at close range by the other’s ball. Lower courts dismissed the resulting case, which is now on appeal. [Lowering the Bar, WSJ Law Blog] Plus: WLF (“this is not a lawyer or doctor joke.”)
Sign at Arizona golf course: “For Your Safety, Walking, Running and Recreational Activity Is Prohibited” [Free-Range Kids, with pic]
The son of the former mayor had sued over being kicked off the university’s golf team. ["Campus Notes" News & Observer blog, WSJ Law Blog; earlier coverage]
Following thirty years of battles, the Obama Administration signaled that it would extend federal recognition to the Shinnecock tribe. Of particular interest: “The tribe is also hoping to resolve more than $1 billion worth of land disputes in the Hamptons, including its claim to the site of the Shinnecock Hills Golf Club, which has played host to the U.S. Open several times.” [NYT] Backed by casino promoters, the tribe filed a massive land claim in 2005 which I wrote about at the time in the NYT; a federal judge rejected the case the next year, following a turn against Indian land claims at the Second Circuit level.
A federal magistrate has turned a preliminary thumbs down on the argument advanced by a pro golfer against his suspension from the PGA for using synthetic testosterone to treat a low testosterone count. The use of such hormones is often associated with increased muscle mass and athletic performance. [CNN via Jon Hyman]
Here’s something we’ve never tried at Overlawyered: a full-length, original book review by an outside contributor. Blogger David Giacalone, whose now-inactive EthicalEsq. (later f/k/a) is fondly remembered and has often been linked in this space, has kindly offered to let us publish his newly written review of BabyBarista and the Art of War, a new novel based on Tim Kevan’s popular BabyBarista column for the U.K.’s Times (a paper to which I’ve contributed as an online columnist in the past). The novel has been hailed as a “Hogarthian romp” and a “satire with edge”; David says it displays its subjects, British lawyers,
acting very much like the worst segments of the American bar: taking huge fees for little work, entering settlements at their clients’ expense (to assure a fee, or to get to a golf course or an early lunch), exploiting underlings, disrespecting a “litigant in person” (pro se) party, making it dangerous to raise sexual harassment charges, etc. It was heartening to hear BabyB warn clients about the risks of no-win-no-fee (contingency) arrangements, and enlightening to see how personal injury claims are fabricated. For the entire 266 pages, the Bar’s foibles and vices are laid bare, but with a light (if exaggerated) touch rather than a heavy hand.
The review is longer than our usual blog post, so we’ve published it on a separate page here.