Another installment in World’s Most Embarrassing Lawsuits, a series: A California man is suing BMW, claiming that following a four-hour ride the seat on his motorcycle inflicted on him a state of unwanted sexual arousal that he has been unable to deactivate for 20 months. The German-owned automaker notes that he was using a custom seat purchased from an aftermarket supplier (which he’s also suing) and says it cannot be responsible for the performance of aftermarket equipment. [WWJ Detroit, with some memorable comments]
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autos
- NYC: “Lawsuit Blames Apple’s Glass Doors for Plaintiff’s Broken Nose” [Lowering the Bar, CBS New York]
- Some who pushed enhanced punishment for Dharun Ravi may now be doubting they really want it [Scott Greenfield, earlier here, etc.]
- NYT editorial on FMLA state immunity is as bad as anyone had a right to expect [Whelan]
- “Pleading, Discovery, and the Federal Rules: Exploring the Foundations of Modern Procedure” [Martin Redish, FedSoc "Engage"] Summary of important ’09 Redish book Wholesale Justice calling into question constitutionality of class actions [Trask]
- Would trial-by-DVD be so very wrong? [James Grimmelmann, Prawfs]
- Contested memorabilia: lawsuits filed over estate of gay rights pioneer Franklin Kameny [MetroWeekly]
- Feds’ “distracted driving” guidance could impair usefulness of car navigation systems [Cunningham/CNet, earlier]
Tagged as:
Apple,
autos,
discovery,
juries,
pleading
- Ray LaHood’s forgotten predecessor: “How One Bureaucrat Almost Succeeded in Banning Car Radios” [Mike Riggs, Reason]
- “Some Recent Nonsense on Freedom of Religion in the Times” [Paul Horwitz, Prawfs]
- Choice of Ben Stein as speaker for ABA Tech Show raises eyebrows [Derek Bambauer, InfoLaw]
- “Oblivion video game ‘Abomb” becomes federal lawsuit” [Abnormal Use]
- Tort causation: “Probability for thee, mere possibility for me” [David Oliver]
- Washington state says it won’t pay for “unnecessary” Medicaid ER visits. Can you see the unintended consequences coming? [White Coat]
- Utah says family can’t fundraise for son’s legal defense without permit [Standard-Examiner via Balko]
Tagged as:
autos,
Ben Stein,
churches,
emergency medicine,
Utah,
videogames,
Washington state
- Transportation Secretary Ray LaHood, who crusades against distracted driving, worsens the problem by honking at motorists he sees using phones [WTOP via Mike Riggs, Reason] Expensive new mandate for back-up cameras in cars may be delayed until after election [Ira Stoll and more, Ann Althouse]
- With reporter Lee Stranahan, the late Andrew Breitbart shone an investigative spotlight on the USDA’s billion-dollar settlement with lawyers representing black farmers, and there was indeed much to investigate [Big Government]
- Substance on floor may have been own baby oil: “Oiled Stripper Loses Slip and Fall Lawsuit” [Erik Magraken; B.C., Canada; related on-the-job pole-dance injuries here and here]
- Honeywell’s new thermostat design deserves high marks, its patent litigation maybe not so much [Farhad Manjoo, Slate]
- Socialism takes too many evenings: @ChadwickMatlin live-tweets Park Slope Food Co-op meeting [The Awl]
- Auto bailout a success? Really? [Mickey Kaus, Todd Zywicki, Ted Frank, Prof. Bainbridge]
- Way to go Maryland: proud of my state for enacting law recognizing same-sex marriage, signed by Gov. O’Malley yesterday [WaPo]
Tagged as:
agriculture and farming,
autos,
Maryland,
NHTSA,
patent litigation,
same-sex marriage,
strippers and exotic dancers
Lawyers representing a White Lake, Mich. woman say that whether or not Ally Financial was within its rights to repossess her 2006 Pontiac, it was not entitled to the half-tank of gas it carried. They are asking class-action status on behalf of Michigan customers and seek $5 million. [Detroit News]
Tagged as:
autos,
class actions,
Michigan
- Department of Transportation cracks down on distraction from cars’ onboard information and entertainment systems; Mike Masnick suspects the measure won’t work as intended, as appears to have been the case with early texting bans [Techdirt; earlier here, etc.] “Feds Push New York Toward Full Ban On Electronic Devices In Cars” [Glenn Reynolds, Instapundit; Truth About Cars]
- Oh no: Scott Greenfield says he’s ceasing to post at his exemplary criminal defense blog after five years [Simple Justice, Dave Hoffman]
- California not entitled to pursue its own foreign policy, at least when in conflict with rest of nation’s: unanimous “blockbuster” decision by en banc 9th Circuit strikes down law enabling insurance suits by Armenian victims [AP, Alford/OJ, Recorder, related, Frank/PoL]
- Playboy model’s $1.2M award against Gotham cops is a great day for the tabloids [NYDN]
- To hear a pitch for fracking-royalty suits, visit the American Association for Justice convention, or just read the New York Times [Wood, PoL]
- What the mortgage settlement did [John Cochrane, earlier]
- Indian Child Welfare Act (ICWA) of 1978 blows up an adoption: “She’s a 2-year-old girl who got shoved in a truck and driven to Oklahoma with strangers.” [Reuters, SaveVeronica.org]
Tagged as:
AAJ,
adoption,
autos,
California,
Indian tribes,
insurance,
legal blogs,
mortgages,
oil industry,
reparations
“A Fistful of Rebates“:
….what’s true about Detroit is true about all of us. This country can’t be knocked out with one punch. We get back up, slip again, and send the video to our personal injury lawyer. And when we do – the world is going to hear the roar of our engines.
Tagged as:
autos,
Detroit,
parody
Secretary of Transportation Ray LaHood, who has made “distracted driving” his “signature safety issue,” is putting distance between himself and the NTSB’s call for a sweeping ban. [Reuters, Tina Korbe/Hot Air, earlier here and here]
Tagged as:
autos,
cellphones
Coyote wonders about the contrast between the frantic, America-in-crisis media and political coverage of an imaginary Toyota sudden acceleration glitch and the considerably mellower reception given an alleged safety hazard in Chevy Volts, put out by government-sponsored General Motors.
Tagged as:
autos
- “Ohio Attorney Sues Over Misleading Emails, Even Though He Wasn’t Misled” [Chris Danzig, Above the Law]
- Feds say new EPA-ordered fuel economy standards could add $2000 to price of new car [C.J. Ciamarella, Daily Caller] More: WSJ.
- Las Vegas considers following Chicago’s lenders-must-cut-grass folly [Kevin Funnell, earlier] “The Fed actually does impose, via legal risk, a de facto ceiling on mortgage rates.” [Mark Calabria, Cato]
- 2nd Circuit: Prison Litigation Reform Act curbs attorney fee shift at 150% of cash won, and yes, that applies to a $1 award [PoL] Panel on attorneys’ fees in class actions at Federalist Society convention [video, PoL]
- John McClaughry reviews Reckless Endangerment, Morgenson/Rosner book on financial crisis [Reason]
- Daniel Hannan on John Fonte’s new book on transnational law, Sovereignty or Submission [Telegraph, and see chapters 11-12 of Schools for Misrule] International human rights activism pushes into “economic rights” [James P. Kelly III, Federalist Society "Engage"] NGOs exercise oft-envied combination of power without responsibility [Anderson] UK attorney general Dominic Grieve takes on the European court of human rights [Joshua Rozenberg, Guardian] UN battle plan on non-communicable diseases aims to save us from ourselves;
- Sans statutory authority, EPA wanders into “environmental justice” [PowerLine]
Tagged as:
attorneys' fees,
autos,
Environmental Protection Agency,
Europe,
international human rights,
mortgages,
United Nations
- More reviews of Schools for Misrule: Counterpoint (U. of Chicago), Wilson Trivino at PurePolitics.com;
- “Cops Collar 12 Year Old for “Walking Alone” in Downtown Toronto” [Free-Range Kids] Cop tells mom kids under ten “by law are not allowed outside unsupervised except in their parents’ yard.” [western Maryland, same]
- As lawmakers seek budget cuts, school finance litigators are on the march to counter their plans [WSJ Law Blog]
- Wouldn’t waive regs: “U.S. blocks $1 million Italian supercar” [CNN Money]
- You see, entrepreneurial suit-filing does create jobs: “Hike in Wage-and-Hour Litigation Spurs Demand for Calif. Employment Law Associates” [ABA Journal] How U.S. Congress devastated American Samoa through minimum wage hikes [Mark Perry]
- CCAF objects in Sirius class action settlement [PoL, earlier]
- “The Phantom Menace of Sleep Deprived Doctors” [Darshak Sanghavi, NY Times Magazine]
Tagged as:
autos,
children's rights,
class action settlements,
hospitals,
Italy,
law schools,
schools,
Schools for Misrule,
wage and hour suits
- Correct result, yet potential for mischief in latest SCOTUS climate ruling [Ilya Shapiro/Cato, my earlier take]
- Wouldn’t even want to guess: how the Howard Stern show handles sexual harassment training [Hyman]
- Philadelphia: $21 million award against emergency room handling noncompliant patient [Kennerly]
- Antitrust assault on Google seems geared to protect competitors more than consumers [Josh Wright]
- “They knew there was a risk!” Curb your indignation please [Coyote]
- Theme issue of Reason magazine on failures of criminal justice system is now online;
- “Why Your New Car Doesn’t Have a Spare Tire” [Sam Kazman, WSJ]
Tagged as:
antitrust,
autos,
broadcasters,
climate change,
crime and punishment,
emergency medicine,
global warming,
Google,
harassment law,
Philadelphia,
safety
- Bizarrely overbroad: “Tennessee law bans posting images that ’cause emotional distress’” [Tim Lee, Ars Technica]
- “Superlawyer Stanley Chesley Faces Reckoning Tuesday” [Dan Fisher, Forbes, Cincinnati Enquirer, reporter Jim Hannah, earlier]
- More on record run-up in used car prices [Perry; my Cato take]
- Winkler County, Texas nurses case illuminates evils of prosecution-as-weapon [Texas Observer via PoL; earlier here, here, and here]
- Not a parody: claim that litigious celebs should be doing more to support Litigation Lobby [CJD]
- “Feminism by Treaty: Why CEDAW is Still a Bad Idea” [Christina Sommers, Policy Review]
- Why do agents of so many miscellaneous government agencies pack guns? [Quin Hillyer last year]
- New idea for who to sue over sex scandals [Conan show lawyer ad parody, adult content]
Tagged as:
autos,
emotional distress,
international human rights,
Kentucky fen-phen settlement fraud,
litigation lobby,
online speech,
Stan Chesley,
Tennessee
The technology is advancing rapidly, and promises a vast emancipation from drudgery — if punitive/prohibitive liability and regulatory rules don’t block its path. [Tyler Cowen] More: Ryan Calo.
Tagged as:
autos,
technology
