- “A 4-Page Playdate Waiver? Is This the New Normal?” [Lenore Skenazy, Free-Range Kids; our 2000 post on "Rise of the High-School Sleepover Disclaimer"]
- Spirit Airlines sets what it calls DOTUC fee, for “Dept. of Transportation Unintended Consequences” [Stoll]
- How fairly are fathers treated in family court? [Nina Shapiro, Seattle Weekly via Alkon]
- “‘Insider’ Trading by the Representative Plaintiff in Shareholder Litigation” [Bainbridge]
- “Donation controversy focuses attention on Madison County asbestos litigation” [St. Louis Post-Dispatch, Chamber-backed LNL]
- Update: Appeals court reinstates Duluth doc’s defamation claims [DNT, earlier here, here, here; "bedside manner" criticism]
- U.K.: “‘Psychic’ Sally Morgan Sues Critics for £150,000 After Refusing $1 Million to Prove Her Powers” [D.J. Grothe, HuffPo] “She’ll be calling witnesses such as ‘an uncle, or father, or a man… with a b in his first name’.” [@thegagthief]
Tagged as:
airlines,
asbestos,
divorce,
family law,
libel slander and defamation,
Madison County,
recreation,
Seattle,
securities litigation,
United Kingdom
- Latest of periodic Towers Watson (formerly Towers Perrin/Tillinghast) surveys: tort costs fell in 2010 excluding oil spill liability [Towers Watson]
- “Will Newt Neuter the Courts?” [James Huffman, Defining Ideas] Obama’s high court appointees are fortunately friendlier toward civil liberties than he is [Steve Chapman]
- Unanimous Cal Supremes: companies not legally responsible for other companies’ asbestos products used as replacement for theirs [Cal Biz Lit, Jackson, Beck, Mass Tort Prof]
- Claim: jurors considered policy implications of verdict and you can’t have that [On Point; defense verdict in Baltimore, Maryland school-bullying case]
- Airfare display mandate: “‘Protecting’ Consumers from the Truth About the Cost of Government” [Thom Lambert, TotM]
- Critical assessment of AP-backed new copyright aggregator “NewsRight” [Mike Masnick] Promises not to be “Righthaven 2.0″ [Cit Media Law]
- Restatement (Third) of Torts drafters vs. Enlightenment scientific views of causation [David Oliver in June]
Tagged as:
airlines,
asbestos,
Baltimore,
Barack Obama,
bullying,
California,
deep pocket,
juries,
Newt Gingrich,
RightHaven,
taxes,
Tillinghast,
toxic torts
“An Oregon man who was flying home from the Minneapolis-St. Paul airport pleaded with a Delta Airlines flight attendant about the ‘extreme discomfort’ he was enduring because of a loud noise during the nearly four-hour flight.” Kent Neilson says he suffered permanent hearing loss and tinnitus and wants $2 million. [Oregonian]
Tagged as:
airlines
- Furor continues over insider trading by Congress [Roger Parloff/Fortune, Bainbridge ("unimpressed" with reform proposal entitled STOCK Act), earlier] Rep. Bachus disputes claims in Peter Schweizer book [AW, Perry]
- “Fort Hood victims’ families seek $750M from feds” [Kenneth Timmerman, Daily Caller]
- “Chicago Lawyer Sues Southwest, Says Airline Breached Free-Drink Coupon Contract” [ABA Journal]
- “Lawyer Solicitation: Penn State Sex Abuse Edition” [Turkewitz] Slate slags Merck CEO [Ted Frank]
- Akaka Hawaii-racialization bill, smuggled in through the back door? [Ilya Shapiro, background]
- Suits over Hurricane Irene electrical outages expected to spread [Connecticut Law Tribune, Chris Powell]
- Fiasco envy? “RIAA Thinking Of Backing Righthaven” [Masnick, TechDirt] “Righthaven ordered to pay nearly $120,000 in attorney fees, court costs” [VegasInc., Ars Technica, American Power Blog]
Tagged as:
airlines,
contracts,
Hawaii,
military,
RightHaven,
Senate,
terrorism,
U.S. House of Representatives,
Vioxx
Attorney Harry Marsh and his fiancée, Kaitlin Rush, are “suing AirTran Airways, claiming they saw cockroaches coming out of air vents and storage areas on a recent flight and that attendants ignored their concerns…. They’re suing for more than $100,000, plus the price of their tickets.” The airline denies some of the allegations in the suit and says it takes precautions against bugs. [Charlotte Observer]
Tagged as:
airlines
From Canada’s National Post:
The Federal Court of Canada on Wednesday ordered Air Canada to pay $12,000 to Ottawa French-language rights crusader Michel Thibodeau in part because when he asked an English-speaking flight attendant for 7Up in May 12 of 2009, he got Sprite.
“The applicants’ language rights are clearly very important to them and the violation of their rights caused them a moral prejudice, pain and suffering and loss of enjoyment of their vacation,” Justice Marie-Josee Bedard wrote in her judgment.
The bulk of the lawsuit, filed by a frequent language-law litigant, contended that the airline failed to assign French-speaking flight attendants to several flights and failed to make a baggage announcement in French despite a federal law requiring alternative-language use “where there is significant demand for those services in the minority language and where it is warranted by the nature of the office or facility.”
Tagged as:
airlines,
Canada
Hoping to ride for free, 16-year-old Delvonte Tisdale stowed away in the landing gear of a US Airways flight but fell to his death in the Boston area. Now his family is suing, represented by Florida attorney Christopher Chestnut, who argues that the lad “should never have successfully gained access to that airplane. Had airport security been up to par, he would be alive and well with his family today.” [Boston Globe and more via TortsProf, BoingBoing]
Tagged as:
airlines,
personal responsibility
- Reason TV interviews Richard Epstein;
- On the SEC’s big new “insider trading” sweep [Ribstein, Bainbridge, Lambert, Salmon, more Ribstein]
- Losing = winning? Ambitious claim for fees in environmental case [California Civil Justice, scroll]
- “Unintended consequences department: canceled flights” [Ted at PoL] And check out Ted’s new TSA Abuse Blog, on one of the hottest issues of the moment. More on that from Popehat and Simple Justice;
- H.R. 1408, the Inclusive Home Design Act, would compel handicap accessibility in private home design, yet another dreadful idea from Rep. Jan Schakowsky of CPSIA fame [AmendTheCPSIA]
- “This place would be a shoplifter’s paradise (and a liability insurance abuser’s motherlode) in the United States, but we were in Japan, where they don’t seem to worry as much about that kind of thing.” [Mark Frauenfelder, BoingBoing, on the Showa Kan museum of everyday midcentury life in Takayama]
- UK: “I moved out for decorators and squatters took over my house” [Evening Standard]
- From the ruins of Pompeii, a reflection on government and disaster relief [Dum Spiro Spero]
Tagged as:
airlines,
attorneys' fees,
disabled rights,
emergency services,
Jan Schakowsky,
real estate,
Richard Epstein,
Securities and Exchange Commission,
terrorism
No physical injuries were reported at the time, but “passenger Jewel Thomas said she has suffered severe mental and emotional problems because of the incident on Sept. 22, 2008″ in which an American Airlines plane skidded off the runway onto grass. [AP/WFAA]
Tagged as:
airlines,
emotional distress
The airline’s legal department is almost certainly insisting on a sober demeanor, and as a result JetBlue has to stay on the sidelines as the Steven Slater episode becomes the internet story of the week. [Parekh/Bush, AdAge via Balasubramani]
Tagged as:
airlines,
humor,
social media
Qantas settled the American passenger’s complaint, so we never got to hear the battle of the experts about whether the 3-year-old’s screaming really caused blood to issue from her eardrum as alleged. [Suzanne Murray/CafeMom via Stoll and many readers]
Tagged as:
airlines,
Australia
The latest lawsuit from Geoffrey Fieger raises the question whether the sort of mildly embarrassing episode you might once have dined out on for a few weeks now qualifies as something you should be able to retire on. Kevin Underhill wonders too.
Tagged as:
airlines,
Geoffrey Fieger
A “massive plume” of legal action is likely to follow the Eyjafjallajökull eruption, reports the Times (U.K.). Along with plenty of litigation against airlines themselves and other travel companies, stranded employees might file claims against their employers for not doing enough to get them home, and disrupted employers might be sued if they dock pay of employees who considered themselves ready and able to work.
Tagged as:
airlines,
United Kingdom,
workplace
