Popular commentator Andrew Bolt “was found guilty Wednesday of breaking Australian discrimination law by implying that fair-skinned Aborigines chose to identify as indigenous for profit and career advancement.” A judge “said he will prohibit reproduction of the offending articles,” and “Bolt and his publisher must meet with the plaintiffs to discuss appropriate court orders that would reflect the judgment.” [AP, earlier, Volokh](& Popehat)
Tagged as:
Australia,
free speech,
hate speech
- House Judiciary holds hearing on asbestos-claim fraud and abuse, with Prof. Brickman headlining [Main Justice, Legal NewsLine, WSJ law blog, PoL, Brickman testimony]
- Endangered species habitat in Nevada: “Elko County wants end to 15-year-old trout case” [AP]
- “Why is the Eastern District of Texas home to so many patent trolls?” [Ted Frank/PoL, more] Tech giants say multi-defendant patent suits place them at disadvantage [WSJ Law Blog] Plus: “Patent company has big case, no office” [John O'Brien, Legal NewsLine]
- Lawsuit settlement and the lizard brain [Popehat]
- “U.S. Commission on Civil Rights Looks Into Eminent Domain Abuses” [Kanner, Somin] U.K.: “Squatters could be good for us all, says judge in empty homes ruling” [Telegraph]
- Madison mob silences Roger Clegg at news conference where he releases new study of UW race bias [ABA Journal, Althouse]
- Life in Australia: “Another motorized-beer-cooler DUI” [Lowering the Bar]
Tagged as:
asbestos,
Australia,
Eastern District of Texas,
eminent domain,
endangered species,
Lester Brickman,
Nevada,
patent trolls,
settlement,
United Kingdom
- Yikes! “House Committee Approves Bill Mandating That Internet Companies Spy on Their Users” [EFF; Julian Sanchez, New York Post/Cato and podcast]
- Australia courts skeptical about claim that sex injury is covered under workers’ comp [Herald Sun]
- Well-off community doesn’t need annual HUD grant, seeks to sell it [Dan Mitchell]
- Report: playful City Museum in St. Louis has taken down signs criticizing lawyers [Bill Childs/TortsProf, earlier]
- Chicago neurosurgeons pay $4500 a week in med-mal premiums, blame lawless Illinois Supreme Court [Medill Reports] Supreme Court declines to review Feres doctrine, which shields military doctors (among others) from suits [Stars and Stripes] Why is the most widely cited number of medical-misadventure deaths such an outlier? [White Coat; more here, here, etc.]
- After “Facebook broken heart” suit, will pre-nups for Mafia Wars relationships be next? [Tri-Cities Herald]
- Another horrific report of poppy seed positive drug test followed by child-grabbing [Radley Balko]
Tagged as:
Australia,
Chicago,
Child Protective Services,
Facebook,
illegal drugs,
medical malpractice,
workers' compensation
“In the first fall at 6pm on August 21, 2006, Ms Hargreaves was going to get cough medicine from the fridge in her sock-clad feet…. The tribunal found both falls ‘arose out of Ms Hargreaves’ employment with Telstra’ which made them workplace injuries. Legal experts said the ruling could force employers to conduct workplace health and safety audits in the homes of the one-in-four Queenslanders who regularly work from their private residence for lifestyle reasons.” A law professor said employers “should not enter lightly into home work arrangements” because homes are “inherently dangerous places,” while a labor union spokeswomen said employers should not be able to “contract out” of safety and health obligations. [Courier-Mail; my related take a while back]
Tagged as:
Australia,
workplace
- The appalling reign of California’s prison guards union [Tim Kowal, League of Ordinary Gentlemen via Tim Cavanaugh; Steven Malanga, City Journal; earlier]
- Defense side, including dozens of sued bloggers, begins to respond in “Rakofsky v. Internet” case [Turkewitz, Popehat, earlier]
- Point/counterpoint on class action arbitration clauses [Karlsgodt]
- Group plans to Twitter-fy the novel Ulysses via crowdsourcing in time for Bloomsday, but let’s hope nobody tells litigation-prone Joyce heir [Ulysses Meets Twitter 2011 via BoingBoing]
- Battle over reform of joint and several liability continues in Pennsylvania legislature [Wajert]
- From Miami, latest dramatic tale of cops vs. citizen video-taking [David Rittgers, Cato at Liberty] New Jersey bill would criminalize taking photos of kids in many circumstances [Nicole Ciandella, CEI, see also]
- Australia: “Man Gets Workers’ Comp for Injury Sustained When Punching Customer” [Lowering the Bar]
Tagged as:
Australia,
California,
joint and several liability,
labor unions,
Pennsylvania,
police,
prisoners
- Lack of defect poses problem for plaintiff: Toyota prevails in first acceleration case [NLJ]
- Australia: writer Andrew Bolt on trial for alleged racially disparaging columns [Herald Sun, Crikey, The Age]
- “Attorneys Put Themselves Before Consumers in Class Action over Faulty Computer Chip” [CJAC, Frank/CCAF on NVidia case]
- Ruling by Federal Circuit is thinning out rush of patent marking cases [Qualters, NLJ, earlier]
- Podcast: Lester Brickman and “Lawyer Barons” [PoL, earlier here and here]
- “Are class actions unconstitutional?” [Lahav, Mass Tort Lit, on Martin Redish book]
- “Free speech belongs on campuses too” [Ilya Shapiro, Cato, on Widener case, with kind mention of Schools for Misrule]
- King Canute turns attention to dry land: states mull bills to forbid use of distressed properties as appraisal comps [Funnell]
Tagged as:
Australia,
class action settlements,
class actions,
hate speech,
Lester Brickman,
patent marking,
real estate,
sudden acceleration,
Toyota
Per some in Australia, it may be too dangerous an activity: “‘The mayor said they would like to issue us a permit but can’t because it raises health and safety issues, in case somebody fell over a child on the footpath or into the street,’ [a cafe owner] said.” [Free-Range Kids]
Tagged as:
Australia,
roads and streets,
safety
“Companies with more than 100 workers will face spot checks and mandatory reporting on the numbers of women they employ and their position under tough new measures aimed at boosting gender equality in the workplace.” [The Australian]
Plus, related: Case against UK quotas for women on corporate boards [Bainbridge]
Tagged as:
Australia,
sex discrimination
- “Feds seek to halt inmate’s frequent lawsuits” [AP; J.L. Riches]
- “SeaWorld Blasts ‘Improper’ Suit Over Trainer’s Death” [OnPoint News, earlier]
- Does new NY law serve as road map for charities that wish to defy donor intent? [CultureGrrl]
- Cruise ship case an example of tensions that arise when defense lawyers jump fence to join plaintiffs’ side [Julie Kay, DBR]
- More on Connecticut AG Richard Blumenthal’s “my lawsuits create jobs” stance [Bainbridge; related, New York Times Magazine (opponent MacMahon: "His business is suing people.")]
- Australia: “Autistic student sues over test” [The Age]
- “The most conservative court? Hardly” [Jacoby, Globe] And Justice Breyer, for one, has “rejected the notion that the U.S. Supreme Court has a pro-business slant and said the court doesn’t rule in favor of companies any more frequently than it has historically.” [Bloomberg via Adler, Volokh]
- “Abducted by aliens? Call now for compensation” [four years ago on Overlawyered; Germany]
Tagged as:
amusement parks,
Australia,
charitable trusts,
defense lawyers,
Jonathan Lee Riches,
Richard Blumenthal,
Supreme Court
- Update: “Tax Panel Rejects Lawyer’s Bid to Deduct Spending for Sex” [NYLJ, William Barrett/Forbes, earlier] And: “Musings on laws affecting adult entertainment, alcoholic beverages and other ‘vice’ industries” [Meeting the Sin Laws blog]
- Mississippi: judge jails lawyer for not saying Pledge of Allegiance [Freeland]
- More on much-written-about Israeli “rape by fraud” case [Volokh, more, earlier here and here]
- “Tribune bankruptcy talks complicated by emergence of pugnacious hedge fund” [Romenesko; earlier on involvement of hedge funds in bankruptcies]
- More disturbing tales from Connecticut probate court [Rick Green, Hartford Courant, earlier]
- Marc Williams of the Defense Research Institute responds to Ted Frank’s criticism of many defense lawyers [PoL]
- Advice for Australians: to fix your litigation system, look to Germany’s success [Ackland, Sydney Morning Herald]
- Rep. John Hall (D-N.Y.) & ’70s band Orleans threaten suit against GOP remix ["Orleans Reunion Tour"]
Tagged as:
Australia,
bankruptcy,
Connecticut,
defense lawyers,
Germany,
Mississippi,
music and musicians,
strippers and exotic dancers,
taxes,
U.S. House of Representatives,
wills and trusts
According to Felix Salmon, the company that owns the trademark in most countries on “Ugg” for sheep-fleece footwear has used it in “extremely aggressive” fashion against competitors, most particularly against exports from Australia where the term is generic and small firms have produced boots and shoes under similar names for many years.
Tagged as:
apparel,
Australia,
trademarks
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
- “What Really Happened To Phoebe Prince?” [Emily Bazelon, Slate, related series on "cyber-bullying"; ABA Journal]
- Obama backs so-called Paycheck Fairness Act; why business should resist [USA Today, Hyman, ShopFloor, Furchtgott-Roth] Another slant on “paycheck fairness” [AP on Bell, Calif., sequel]
- Unlinked back in February: “Doctors cut back hours when risk of malpractice suit rises, study shows” [Eric Helland and Mark Showalter, JLE, Brigham Young release via Bob Dorigo Jones]
- Also unlinked from back when: thanks for kind mention to Mark Herrmann in “Memoirs of a Blogger,” PDF [Litigation mag courtesy WSJ Law Blog, Drug and Device Law]
- Ditto: Nora Freeman Engstrom on accident-law settlement mills, “Run-of-the-Mill Justice” [Georgetown Journal of Legal Ethics, SSRN, via LEF, Ronald Miller]
- Australia: “Welfare cheat wins right to IVF on jail time” [Melbourne Age]
- “The Nightmare of Legal Discovery” [Lammi, WLF Legal Pulse, related from WLF]
- Tribunal: “Mosquito” teenager-repellent device violates European Convention on Human Rights [Ku, Opinio Juris]
Tagged as:
Australia,
bullying,
discovery,
international human rights,
legal blogs,
medical malpractice,
prisoners,
workplace
Australia: “A Bundaberg school teacher who claims she damaged her larynx yelling at children, including some with special needs, is suing the State Government for more than $400,000.” [Queensland Sunday Mail]
Tagged as:
Australia,
schools
