Toronto lawyer Michael Deverett thinks a bad guy must have followed him home from the Apple Store; at least someone smashed his hatchback car window when he stepped away for a couple of minutes and made off with what he said was a well concealed bag of new electronics purchases worth C$2,200. The company — which gave him a store credit plus a small extra for legal fees — is also facing criticism from theft victims who say it should do more to help owners retrieve stolen cellphones. [Toronto Star](& welcome Elie Mystal, Above the Law readers)
Tagged as:
Apple,
Canada,
cellphones,
third party liability for crime
- Debate on medical malpractice between Ted Frank (Manhattan Institute) and Shirley Svorny (Cato Institute) [PoL]
- Lawyers, accountants have done well from litigation-ridden Pearlman Ponzi aftermath [Orlando Sentinel]
- Book drop “inherently dangerous”, says rape victim’s family suing library designers [Florida, LISNews]
- “The iTunes Class Action Lawsuit You’ll Never Hear About”[NJLRA] “Jackson v. Unocal – Class Actions Find a Welcome Home in Colorado” [Karlsgodt]
- Another tot accused of sexual harassment, this time a first grader [Boston Herald, earlier (six year old's "assault")]
- Profile of lawyer who defends fair use of clips for documentary makers [ABA Journal]
Tagged as:
Apple,
bankruptcy,
Florida,
harassment law,
medical malpractice,
movies film and videos
- Seattle’s best? Class action lawyer suing Apple, e-publishers has represented Microsoft [Seattle Times, earlier]
- “Disabled” NYC firefighter/martial arts enthusiast can go on getting checks for life [NYPost; compare]
- After the FDA enforcement action on drug manufacturing lapses come the tagalong liability claims by uninjured plaintiffs [Beck]
- “What If Lower Court Judges Weren’t Bound by Supreme Court Precedent?” [Orin Kerr]
- Fark.com settles a patent suit for $0 (rough language);
- Canadian law society to pay $100K for asking prospective lawyers about mental illness [ABA Journal]
- Self-help eviction? “Chinese Developers Accused Of Putting Scorpions In Apartments To Force Out Residents” [Business Insider]
Tagged as:
Apple,
China,
disabled rights,
FDA,
firefighters,
Microsoft,
patent trolls,
Steve Berman,
Supreme Court,
workers' compensation
Rob Beschizza sees clues to the economics of patent litigation in the public pronouncements of Lodsys, a company that has sued small Apple developers based on IP claims covering such common app features as upgrade buttons. [BoingBoing, more, This Is My Next (with copy of a 2007 patent for "Methods and Systems for Gathering Information from Units of a Commodity Across a Network"] Update: Apple intervenes.
Tagged as:
Apple,
patent trolls,
small business
Among its most insidious features, notes Ira Stoll, is a $2.5 million cy pres fund earmarked for “corporate governance programs at 12 universities across the country,” and which will predictably encourage such academic programs, at law schools and elsewhere, to align themselves further with the agenda of the plaintiff’s securities bar and against the interest of actual shareholders at companies like Apple. I’ve got much more about cy pres law school slush funds in Schools for Misrule, forthcoming. [Future of Capitalism; Jim at PoL]
Tagged as:
Apple,
colleges and universities,
cy pres,
Michael Bloomberg,
NYC
What, no dustjacket? The suit claims that the way the iPad turns off to avoid overheating, which can happen outdoors in direct sunlight, makes its user experience not “just like a book”. [Chris Walters, Consumerist]
Tagged as:
Apple,
class actions
- More outcry over report of big new Treasury tax break for injury lawyers [Chris Moody, Daily Caller, Wood/ShopFloor]
- Geologists’ annoyance over bill to oust asbestos-containing serpentine as California state rock makes NYT front page [yesterday; Dan Walters, Facebook group, Calif. Civil Justice, Bailey via Adler, earlier]
- Great moments in international human rights: “Known al-Qaeda Operative Could Not Be Deported [from UK]” [Foster, NRO]
- “Is the Foreign Corrupt Practices Act a Government Cash Cow?” [Koehler, FCPA Professor]
- Franklin Mint case cont’d: “Manatt Tries to Beat Back Malicious Prosecution Lawsuit” [Baxter/American Lawyer, earlier]
- “Washington’s parasites take aim at Apple” [David Boaz, Philadelphia Inquirer]
- Gubernatorial bid by Rhode Island attorney general Patrick Lynch seems to have fizzled [Jessica Taylor, Politico via Law and More]
- Go explicit or go home: Georgia abolishes implied private rights of action [PoL, my Reason take years ago]
Tagged as:
AAJ,
Apple,
asbestos,
attorneys general,
Foreign Corrupt Practices Act,
international human rights,
Rhode Island,
sanctions,
taxes,
terrorism
- “Kagan refused to identify anything the government couldn’t do under its Commerce Clause power” and “consciously left herself plenty of breathing room to cite foreign law inappropriately” [Ilya Shapiro, more]
- Multiple civil/criminal hats? “The odd responses of the attorney general to the oil spill” [WaPo editorial]
- Phillies Phanatic, “‘Most-Sued Mascot in the Majors’ Is Back in Court” [Lowering the Bar, which also hosts Blawg Review #271 this week]
- Federalist Society has a new blog;
- California will pay $20 million to woman abducted for nearly two decades [AP]
- Charges dropped against teen who tried to help lost kid in shopping mall [Lenore Skenazy, earlier]
- Two libertarians arrested after videotaping police in Greenfield, Mass. [Balko, earlier here and here]
- “‘Ambulance Chaser’ Lawsuits Hound Apple Over iPhone 4″ [Atlantic Wire]
Tagged as:
Apple,
baseball,
BP Transocean oil spill,
California,
cellphones,
Elena Kagan,
Federalist Society,
police
Lowering the Bar has the word on a potentially time-beguiling app (at least if legal process is your thing). But maybe this counts as one too [CrunchGear on "class action lawsuit generator against AT&T" that documents dropped calls]
Tagged as:
Apple,
cellphones
- Woman jailed for “camcordering” after recording four minutes of sister’s birthday party in movie theater [BoingBoing]
- Senate hearing airs trial lawyer gripes against Iqbal [Jackson and earlier, PoL, Wajert, Beck & Herrmann (scroll)] Franken and other Senators sidestep substance, browbeat witness re: “study” terminology [Alison Frankel, AmLaw]
- Still time to cancel? “2009 is also the first year of global governance” — new EU president [Small Dead Animals]
- Miller-Jenkins battle: judge orders custody switch to law-abiding spouse [Box Turtle Bulletin, background]
- Speedy by government standards? 17 years ago DoT proposed Southeast high-speed rail on existing rights of way, ruling on environmental impact statement is expected next year [McArdle]
- “New York’s New DWI Bill: Compounding Stupidity” [Greenfield; felony to drive intoxicated with passenger 15 or younger]
- “Apple Told To Pay Patent Troll OPTi $21.7 Million” [Business Insider]
- This year’s ABA Blawg 100 listing left out some legal blogs that aren’t half bad [Turkewitz]
Tagged as:
alcohol,
Apple,
environment,
international law,
legal blogs,
Miller-Jenkins case,
movies film and videos,
New York,
patent trolls,
pleading
- Greenwich, Connecticut real estate board may discipline member whose blog (often linked in this space) regularly pokes fun at overpriced houses. Antitrust/First Amendment problem? [Chris Fountain, For What It's Worth]
- “Religious group sued for allegedly inciting harm through prayers” [USA Today]
- Legally driven waste of water in parched California should reopen Endangered Species Act debate [Max Schulz, American Spectator] “More Unintended Consequences — Endangered Species Edition” [Ronald Bailey, Reason; related AEI panel]
- “Apple v Woolworth re Apple Logos In Australia” [Trademark Blog]
- Speaking of Australia, Consumers Union’s Consumerist site publishes fake “Aussie McDonald’s fraud plot” memo as real — revises post later, but without mentioning it was taken in by hoax [HardArticle]
- Pennsylvania couple learns about squatter’s-rights law the hard way [Hazleton Standard Speaker]
- Maybe Saratoga Springs, N.Y. will let middle schoolers bike — or even walk! — to school [Albany Times-Union, Lenore Skenazy/Free Range Kids, Patrick at Popehat, Doug Mataconis/Liberty Papers]
- Milberg, the disgraced class action firm of Mel Weiss and Bill Lerach fame, is hot again [NLJ]
Tagged as:
Apple,
Australia,
Bill Lerach,
California,
churches,
Connecticut,
endangered species,
McDonald's,
Melvyn Weiss,
Milberg Weiss,
Pennsylvania,
real estate,
schools,
trademarks,
urban legends about lawsuits
- “Plaintiffs’ Attorneys to Get $800,000 in Preliminary Settlement, Class Members Receive Zero” [Calif. Civil Justice covering Bluetooth settlement in which Ted was objector; earlier here and here]
- “Lawyer Jailed for Contempt Is Freed After 14 Years” [Lowering the Bar, earlier]
- Money makes the signals go ’round: another probe of red-light cameras yields few surprises [Chicago Tribune, Chicago Bungalow, Bainbridge on Washington, D.C.]
- Previously little-known company surfaces in E.D. Tex. to claim Apple, many other companies violate its patent for touchpads [AppleInsider via @JohnLobert]
- Child endangerment saga of mom who left kids at Montana mall is now a national story [ABC News; earlier post with many comments; Free Range Kids and more]
- Meet Obama Administration “special adviser on ‘green’ jobs” Van Jones ["Dunphy", McCarthy at NRO "Corner"]
- Irrationality of furloughs at University of Wisconsin should provide yet another ground to question New Deal-era Fair Labor Standards Act [Coyote]
- Australia’s internet blacklist is so secret you can’t even find out what sites are on it [Popehat - language] Oz to block online video games unsuitable for those under 15 [BoingBoing]
Tagged as:
Apple,
Australia,
class action settlements,
contempt,
Eastern District of Texas,
online speech,
patent litigation,
red light cameras,
wage and hour suits
Comment of the day
by Walter Olson on April 26, 2011
By Scott Jacobs, on a guest post by Aaron Worthing (regarding class actions over Apple device location tracking) at Patterico:
How, indeed?
Tagged as: accolades, Apple, class action settlements, open threads and commenter posts
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