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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)


December 7 roundup

by Walter Olson on December 7, 2011

  • 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]


Not a political concern

by Walter Olson on October 7, 2011

Apple, notes Tim Carney, never formed a PAC and didn’t see its business as politics.


August 11 roundup

by Walter Olson on August 11, 2011

  • 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]
  • 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]

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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.

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 the hell is it that I didn’t have Overlawyered bookmarked?

How, indeed?


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]

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]


Now it’s caught up with Apple. Earlier here, here, here, etc. More: video from Washington Legal Foundation.


July 15 roundup

by Walter Olson on July 15, 2010

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July 6 roundup

by Walter Olson on July 6, 2010

  • “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]


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]

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Apple multitouch lawsuit

by Walter Olson on March 11, 2010

Farhad Manjoo at Slate thinks the tech firm’s suits against competitors illustrate why “the patent system is in desperate need of reform”. And the New York Times “Bits” ran a chart last week showing the spaghetti-like tangle lawsuits among various mobile phone makers. More: Ryan Kim, San Francisco Chronicle.

A thought on Apple’s iPad

by Walter Olson on January 28, 2010

If, as Tyler Cowen suggests, the key market objective of the iPad is to obtain significant university adoption as a replacement for the paper textbook, one wonders how Apple’s lawyers are planning to handle the inevitable litigation from disabled-rights advocates.


The Ninth Circuit affirmed a 2008 lower court ruling throwing out the class action against Apple [Reuters, Food Liability Law, earlier here and here]. More: California Civil Justice.


December 7 roundup

by Walter Olson on December 7, 2009

  • 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]


October 10 roundup

by Walter Olson on October 10, 2009


July 21 roundup

by Walter Olson on July 21, 2009

  • “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]