$25M suit for affair with priest is a post from Overlawyered - Chronicling the high cost of our legal system

From a claims and loss control perspective encouraging patrons to throw debris onto hardwood floors just seems like a bad idea because I doubt whatever “atmosphere” is created thereby increases revenue enough to offset the costs of defending this or similar claims, and sometimes paying the verdict.  (“Jury’s $185K Award More Than Peanuts for Restaurant”, On Point News, Oct. 27).

Aw, nuts! is a post from Overlawyered - Chronicling the high cost of our legal system

Hello, and thanks again to Walter Olson for welcoming me back to help fill in this week. His prior post reminded me of this surveillance tape I’ve kept after all these years simply for comic relief.

The tape shows one customer casually stroll through the door without incident all the while another intending customer in quite the hurry tries to run in–he thought–through an open door. Instead, it was the plate glass adjacent to the door. He smacks into it bowing the glass and then storms into the store while the other customers gawk at him. The original clip was without sound but I couldn’t resist jazzing it up with Gonna Fly Now from Rocky.

Here’s the Overlawyered part: he made a claim against the store owner; and, the claim was paid as a compromise. Part of the reason why is visible on the video—can you see it?

Why stores have surveillance cameras, Vol. 2 is a post from Overlawyered - Chronicling the high cost of our legal system

53-year-old Pamela Grant died unattended, was autopsied and later cremated despite a fax by the funeral home to the crematorium instructing it to hold off.  You see, the family says they wanted to view the body before cremation and place mementos with it.  They were deprived of that chance and filed suit against the funeral home for $3M and the crematorium for $450K.

Now, there’s certainly a legitimate complaint here but I see little to justify the sky-high demand.  Naturally, the plaintiffs’ attorney is high-minded saying “his clients sued because they wanted to send a message to the businesses that their behavior was unacceptable.”  Translation: it’s not about the money.

The jury got it right, awarding $48K from the crematorium to the Grant children and nothing from the funeral home.  That’s a far cry from the $3.5M demand and right in line with what the crematorium’s defense counsel suggested to the jury.  (“Missed goodbye to cost crematory, not Oregon City funeral home”, OregonLive.com, Aug. 15).

I’ve finished my week as guest blogger and will pass the torch back to Walter Olson.  Walter, thank you again for the opportunity here on Overlawyered.

Suit: Untimely cremation should net us $3.5M is a post from Overlawyered - Chronicling the high cost of our legal system

SPU agreed to remove the story from the school paper but when administrators approached the student editors they said no way.  Chris Durr, editor of The Falcon Newspaper said:

We explained to them, if they wanted to start down a path of removing historical archives and pulling it from the public sphere, what they’re doing is censorship.  We basically said, sorry, we have principles in journalism that don’t allow us to put stuff in the memory hole and pretend it never happened.

(“Seattle attorney finds that the Internet won’t let go of his past”, Seattle Times, Aug. 15).

Ungoogle me, please is a post from Overlawyered - Chronicling the high cost of our legal system

Update: I revised the title for accuracy.

Claim: School is Responsible for Son’s Cross-Dressing is a post from Overlawyered - Chronicling the high cost of our legal system

August 14 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Update: Jury Rejects Flight Attendant’s Claim is a post from Overlawyered - Chronicling the high cost of our legal system

And, I’m reminded of Ron Coleman’s post where he quotes an article describing hired experts as “witnesses having other rational explanations”.  (Try the acronym and you’ll get it).

Expert Witnesses – The American Rule is a post from Overlawyered - Chronicling the high cost of our legal system

Does the host’s behavior rise to the level of negligence?  And, if so how is the woman’s negligence less than his?  He may have offered the alcohol; she drank it.  He may have offered the horseback ride; she accepted.  Have we reached the point in America that we need to have party goers sign waivers for private festivities?   But since exculpatory agreements are generally frowned upon by the courts I think I’ll just stay home alone.  A lot of fun that will be.  (“Suit shows you shouldn’t drink and ride horses”, The West Virginia Record, Aug. 8).

Horse example number 2:  Certified Massage Therapist Mercedes Clemens is suing two state agencies because her avocation is massaging horses but the state won’t let her (at least not for a fee) because she is only licensed to massage humans.  And, for once it’s really not about the money because she’s not asking for it in her lawsuit, just the right to massage animals.  It’s not as if Clemens is practicing pediatric anesthesiology for kicks.  So who cares, really?

I suspect it’s the veterinary board or the National Board of Certification for Animal Acupressure (at the behest of its members) who fear Clemens and people like her will poach their clients. And, if the state would simply step out of the way in this instance it could avoid this lawsuit. (“Woman sues for right to massage horses”, MSNBC, Aug. 11 and “Rockville therapist sues state for right to massage animals”, Gazette.Net, Jul 2).

Overlawyered – All Horse Edition is a post from Overlawyered - Chronicling the high cost of our legal system