Target data breach class settlement

The Target Corporation’s settlement of class action litigation over a major consumer data security breach is not as groundbreaking as all that, and in particular falls far short of the enormous liability payouts that were being talked of for a while [Paul Karlsgodt; Minnesota Public Radio] It does however feature attorney’s fee payouts “not to exceed $6.75 million, which is on the high end of the historical range” [Paul Bond, Lisa Kim, and Christine Czuprynski, Reed Smith] Earlier here.

Likelihood of Moose confusion?

Outdoorsy Lake George, N.Y., has several local businesses with moose-related names. So “when John Carr, the owner of the local Adirondack Pub & Brewery, wanted to come up with a fun name several years ago for his home-crafted root beer, he settled on — what else? — Moose Wizz.” When he tried to register the name as a trademark, however, he drew a lawsuit from Canadian brewer Moosehead, which says the soft drink’s name and label of a grinning cartoon-like moose creates likelihood of confusion. [National Post]

Law-school-related opinion pieces that left me unconvinced

From a Harvard lawprof: were today’s abundance of law schools to give way in part to a revived clerkship/apprentice model, American law would develop more slowly and organically than it does now, besides which where’d we train our philosopher-monarchs? [Noah Feldman, Bloomberg View] You can buy my recent book Schools for Misrule (including a Kindle download version) here.

March 25 roundup

  • Yikes: Nevada supreme court is nearly broke because it relies on traffic ticket revenue and cops are writing fewer [Las Vegas Review-Journal]
  • Forced marriage in immigrant communities happening not just in places like English Midlands, but in U.S. as well; those who assist resistant teenage girls risk “aiding delinquent minor” charges [Washington Post]
  • “Posner informs pro se litigant that the queen of England did not absolve him of need to pay taxes” [ABA Journal]
  • Panel at Federalist Society on president’s power not to enforce the law [Randy Barnett, background on panel]
  • Inside grand jury’s investigation of Pennsylvania Attorney General Kathleen Kane [Philadelphia Inquirer] “Referral fees paid to wife of former Pa. Supreme Court justice questioned” [Harrisburg Patriot-News]
  • Have you or a loved one been attacked by a Zebra? [Arkansas Matters] “Louisiana Man on Trial for Murder Says He Thought the Victim Was an Alligator” [People]
  • Sneaky Oregon law will divert unclaimed class action dollars to legal aid and not incidentally boost legal fees [Sen. Betsy Johnson, East Oregonian]

The road to Overlawyered

Searches that have brought visitors to Overlawyered.com over the past week: “spanking for insurance fraud” “i feel guilty as i got a item free as cashier did not scan it in” “what good is a low flow toilet that’s not high performance?” and “having trouble with cant believe its not butter melting.”

International law roundup

  • Coming up this Friday and Saturday Mar. 27-28 in D.C., Federalist Society holds star-filled conference on Treaties and National Sovereignty at George Washington University [Nicholas Quinn Rosenkranz]
  • Trade agreements are being promoted as extending progressive labor and environmental policies around the globe, hmmm [Simon Lester, related] Courts in European nations urged to use Charter to promote affirmative welfare rights, strike down laws liberalizing labor markets [Council of Europe]
  • “Croatian-Serb war offenses litigated under Illinois and Virginia conversion/trespass tort law” [Volokh]
  • “Did the Supreme Court Implicitly Reverse Kiobel’s Corporate Liability Holding?” [Julian Ku]
  • “There Is No National Home for Art” (Kwame Anthony Appiah on cultural patrimony and antiquities repatriation, NYT “Room for Debate”, related Ku on Elgin Marbles; my take on the collectible-coin angle; earlier here, here, here, here, here, here, here, here, here, etc.]
  • British government alleges human rights lawyers continued to pursue claims against British military over Iraq even after evidence of probable falsity emerged [Telegraph]
  • Treaties the Senate has blocked tend to be aspirational fantasies [Ted Bromund]