http://overlawyered.com Chronicling the high cost of our legal system Tue, 14 Feb 2012 11:28:52 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 http://overlawyered.com/2012/02/oglala-sioux-tribe-sues-beer-companies-over-alcoholism/ http://overlawyered.com/2012/02/oglala-sioux-tribe-sues-beer-companies-over-alcoholism/#comments Fri, 10 Feb 2012 05:07:43 +0000 Walter Olson http://overlawyered.com/?p=27507 “An American Indian tribe sued some of the world’s largest beer makers today, claiming they knowingly contributed to devastating alcohol-related problems on South Dakota’s Pine Ridge Indian Reservation.” The Oglala Sioux tribe is asking for $500 million. [AP; Lincoln Journal-Star; Don Surber] More: Jacob Sullum, Ted Frank.

Tags: alcohol, beer and brewers, Indian tribes, Nebraska, South Dakota

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]]> http://overlawyered.com/2012/02/oglala-sioux-tribe-sues-beer-companies-over-alcoholism/feed/ 18 http://overlawyered.com/2012/02/judge-rejects-injured-beer-pong-champ/ http://overlawyered.com/2012/02/judge-rejects-injured-beer-pong-champ/#comments Wed, 08 Feb 2012 16:11:27 +0000 Walter Olson http://overlawyered.com/?p=27461 “A New Jersey man who got so drunk playing beer pong at a Greenwich Village pub that he thought walking across a busy highway was a good idea cannot sue the bar over his injuries, a judge has ruled.” [Dareh Gregorian, NY Post]

Tags: alcohol, dramshop statutes, NYC, personal responsibility

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• You served me the alcohol, now pay for my crash (5)

]]> http://overlawyered.com/2012/02/judge-rejects-injured-beer-pong-champ/feed/ 0 http://overlawyered.com/2012/02/february-3-roundup-3/ http://overlawyered.com/2012/02/february-3-roundup-3/#comments Fri, 03 Feb 2012 05:10:50 +0000 Walter Olson http://overlawyered.com/?p=27321

Judge blocks California budget cuts re: in-home services for disabled [Mercury News]

Media exploited her daughter for titillation, claims suit by mother of “Toddlers & Tiaras” star [Above the Law]

Narrower definition of autism ahead? [Althouse]

“Police Charge Canadian Blogger With Criminal Libel for Criticizing the Police” [Sullum, Popehat]

Prince George’s County, Maryland, wants to ban liquor deliveries; no harm linked to them, but you can’t be too sure [Ben Giles, Washington Examiner] Centers for Disease Control’s curious definition of “binge” drinking [Sullum]

The law of authors’ liability for inaccurate memoirs [Mark Fowler, Rights Of Writers; earlier here, etc.]

“Diagnosing Liability: The Legal History of Posttraumatic Stress Disorder” [Deirdre M. Smith, SSRN via TortsProf]

Tags: alcohol, autism, Canada, Maryland, publishers

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]]> http://overlawyered.com/2012/02/february-3-roundup-3/feed/ 1 http://overlawyered.com/2011/10/october-27-roundup-3/ http://overlawyered.com/2011/10/october-27-roundup-3/#comments Thu, 27 Oct 2011 12:41:10 +0000 Walter Olson http://overlawyered.com/?p=25293

“Table Saw without ’saw stop’ technology defective: First Circuit” [George Conk, Ted Frank, earlier here, here]

Court OKs burned patron’s flaming-rum suit against Bacardi [Reuters]

Feds won’t pursue Title IX complaint against 60 Oregon school districts [Oregonian]

IRS putting the squeeze on small tax preparers [WaPo]

How the incinerator (and decades of bad decisions) bankrupted Harrisburg [Bond Girl]

“The most thoughtful, reasonable guy in the whole symposium” — aw [Greenfield on law licensing, earlier] P.S. And similarly from David Lat;

Adam Freedman and readers on Florida “wrongful birth” case [Ricochet, earlier]

Tags: alcohol, product liability, small business, taxes, Title IX, wrongful birth and wrongful life

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• What have they done with the old Rose and Crown? (2)
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• December 12 roundup (4)

]]> http://overlawyered.com/2011/10/october-27-roundup-3/feed/ 5 http://overlawyered.com/2011/10/charlie-davies-sues-nightclub-red-bull/ http://overlawyered.com/2011/10/charlie-davies-sues-nightclub-red-bull/#comments Fri, 21 Oct 2011 15:11:21 +0000 Walter Olson http://overlawyered.com/?p=25248 “D.C. United’s Charlie Davies is suing the owners of a Washington nightclub and the drink company Red Bull for $20 million, claiming they are responsible for a fatal car crash that ended the MLS player’s hopes of joining the 2010 U.S. World Cup team. Davies, now 25, was a passenger in the car driven by a woman who has since pleaded guilty to involuntary manslaughter and drunken driving in the 2009 one-car crash that killed a second passenger.” Perhaps his theory will be that the nightclub had an obligation to assess how drunk the woman was, but he didn’t. [AP/ESPN]

Tags: alcohol, dramshop statutes, personal responsibility

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• Slips while dancing on bar, complaint cites lack of handrail (0)

]]> http://overlawyered.com/2011/10/charlie-davies-sues-nightclub-red-bull/feed/ 5 http://overlawyered.com/2011/10/nebraska-supreme-court-no-dui-in-a-private-driveway/ http://overlawyered.com/2011/10/nebraska-supreme-court-no-dui-in-a-private-driveway/#comments Wed, 19 Oct 2011 05:13:57 +0000 Walter Olson http://overlawyered.com/?p=25200 “Jeffrey McCave was sentenced in a county court to thirty days in jail, two years of probation and a $1000 fine for listening to music in an undriven car parked on his father’s driveway while drunk. The Nebraska Supreme Court on Friday used the case to clarify that the charge of driving under the influence of alcohol (DUI) does not apply in a personal driveway.” [The Newspaper]

Tags: alcohol, Nebraska, traffic laws

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]]> http://overlawyered.com/2011/10/nebraska-supreme-court-no-dui-in-a-private-driveway/feed/ 11 http://overlawyered.com/2011/10/divorce-detectives-dui-entrapment/ http://overlawyered.com/2011/10/divorce-detectives-dui-entrapment/#comments Tue, 18 Oct 2011 05:23:36 +0000 Walter Olson http://overlawyered.com/?p=25188 “A whistle-blower tells how a private detective arranged for men to be arrested for drunk driving at the behest of their ex-wives and their lawyers — and that entrapment using decoys was only one of many alleged misdeeds.” [L.A. Times; Contra Costa County (Bay Area), Calif.]

Tags: alcohol, Bay Area, divorce

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]]> http://overlawyered.com/2011/10/divorce-detectives-dui-entrapment/feed/ 0 http://overlawyered.com/2011/10/october-11-roundup-2/ http://overlawyered.com/2011/10/october-11-roundup-2/#comments Tue, 11 Oct 2011 05:41:52 +0000 Walter Olson http://overlawyered.com/?p=25028

UK panel declines to ban “I like gin” tea ad [Campaign]

Do pics of tree-shaped air fresheners violate trademark rights of product marketer? [PoL]

Man’s EU trademark for “Keep Calm and Carry On” raises hackles [Maria Bustillos, The Awl]

When was the last time Congress chose to repeal a law restricting employers? Surely more recently than with the Portal to Portal Act of 1947 [Fox, Jottings]

NYC: “City’s Top Lawyer Details Payouts of $561 Million in Lawsuits” [NYT]

Calif. Gov. Brown vetoes attorney-backed bill widening fee entitlement where claimed damages not recovered [CJAC]

Ira Stoll has been assembling a list of cost-free measures to help the economy, #17 is the proposed EPA-curbing Cement Regulatory Relief Act, #13 is “Eliminate requirements for legal ads in print newspapers in connection with business formation.” [Future of Capitalism]

Tags: alcohol, Jerry Brown, NYC, trademarks, United Kingdom, workplace

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]]> http://overlawyered.com/2011/10/october-11-roundup-2/feed/ 1 http://overlawyered.com/2011/10/four-loko-agrees-to-warn-of-alcohol-buzz/ http://overlawyered.com/2011/10/four-loko-agrees-to-warn-of-alcohol-buzz/#comments Sun, 09 Oct 2011 13:04:41 +0000 Walter Olson http://overlawyered.com/?p=25021 Settling a lawsuit filed by the Federal Trade Commission, the maker of the drink agrees to warn on its label that it really has quite a lot of alcohol in it and can get you tipsy without having to go back often for refills. As Elie Mystal notes, the “warning” might fit rather nicely into the beverage’s marketing strategy. Scott Greenfield has thought of a parallel case.

Tags: advertising, alcohol, Federal Trade Commission, settlement

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]]> http://overlawyered.com/2011/10/four-loko-agrees-to-warn-of-alcohol-buzz/feed/ 1 http://overlawyered.com/2011/09/ca-bars-may-soon-be-able-to-serve-infused-alcohol/ http://overlawyered.com/2011/09/ca-bars-may-soon-be-able-to-serve-infused-alcohol/#comments Fri, 02 Sep 2011 15:40:16 +0000 Walter Olson http://overlawyered.com/?p=24405 A victory for California consumers and producers in search of artisanal tippling. [San Francisco Chronicle, last year]

Tags: alcohol, food safety, restaurants, small business

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