http://overlawyered.com Chronicling the high cost of our legal system Tue, 14 Feb 2012 16:11:47 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 http://overlawyered.com/2011/12/pitcher-hit-by-line-drive-jury-awards-900k-against-bat-maker/ http://overlawyered.com/2011/12/pitcher-hit-by-line-drive-jury-awards-900k-against-bat-maker/#comments Mon, 19 Dec 2011 14:48:00 +0000 Walter Olson http://overlawyered.com/?p=26316 “Last Friday an Oklahoma federal jury awarded a pitcher $871,000 in actual damages (and gave his parents $80,095.85 in actual damages) for an aluminum bat that allegedly was defectively designed and contained insufficient warnings. The case is styled Yeaman v. Hillerich & Bradsby Co., Case No. CIV-10-1097-F (W.D. Okla.).” [Russell Jackson] Earlier here, here, here, etc.

Tags: baseball bats

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]]> http://overlawyered.com/2011/12/pitcher-hit-by-line-drive-jury-awards-900k-against-bat-maker/feed/ 22 http://overlawyered.com/2011/08/august-3-roundup-2/ http://overlawyered.com/2011/08/august-3-roundup-2/#comments Wed, 03 Aug 2011 05:25:12 +0000 Walter Olson http://overlawyered.com/?p=24123

Central Falls, R.I. lands in bankruptcy court [NYT; my Cato take]

Less efficient patdowns? Man with one arm files complaint after being turned down as TSA inspector [MSNBC via Hyman]

Don’t join the Mommy Mob [Ken at Popehat]

Montana high court upholds failure-to-warn verdict against maker of aluminum baseball bat [PoL link roundup, Russell Jackson; earlier here and here]

Finally some good news from Connecticut: state enacts law protecting municipalities from lawsuits over recreational land use [BikeRag; earlier here, etc.]

Claim: climate-change tort suits will require radical changes in tort law and that’s a good thing [Douglas Kysar (Yale), SSRN]

Attorney keen to go on TV, will take any case, either side [Balko]

Tags: baseball bats, climate change, Connecticut, recreation, Rhode Island

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]]> http://overlawyered.com/2011/08/august-3-roundup-2/feed/ 1 http://overlawyered.com/2010/12/family-sues-bat-maker-over-line-drive/ http://overlawyered.com/2010/12/family-sues-bat-maker-over-line-drive/#comments Thu, 09 Dec 2010 05:09:06 +0000 Walter Olson http://overlawyered.com/?p=20544 Some trial lawyers have been crusading for a while on the theory that aluminum baseball bats are unreasonably dangerous because they allow balls to be hit with more force. A lawsuit over a 11-year-old Little Leaguer’s injury may be the next to test that theory. [Chicago Sun-Times]

Tags: baseball bats, Little League

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]]> http://overlawyered.com/2010/12/family-sues-bat-maker-over-line-drive/feed/ 8 http://overlawyered.com/2010/08/august-12-roundup/ http://overlawyered.com/2010/08/august-12-roundup/#comments Thu, 12 Aug 2010 12:41:44 +0000 Walter Olson http://overlawyered.com/?p=18838

“Father demands $7.5 million because school officials read daughter’s text message” [KDAF via CALA Houston]

How many different defendants can injured spectator sue in Shea Stadium broken-bat case? [Melprophet]

Prominent trial lawyer Russell Budd of Baron & Budd hosts Obama at Texas fundraiser [PoL]

DNA be damned: when actual nonpaternity doesn’t suffice to get out from under a child support order [Alkon, more]

“Sean Coffey, a plaintiffs’ lawyer-turned-candidate for New York Attorney General, made more than $150,000 in state-level campaign contributions nationwide over 10 years.” [WSJ Law Blog] “Days before announcing a shareholder lawsuit against Bank of America, state Comptroller Thomas DiNapoli accepted $14,000 in campaign donations from a law firm hired to help litigate the case.” [WSJ]

Big new RAND Corp. study on asbestos bankruptcy trusts may spur reform [Lloyd Dixon, Geoffrey McGovern & Amy Coombe, PDF, via Hartley, more, Daniel Fisher/Forbes, background here and here] Update: Stier.

Public contingency suits? Of course the elected officials are in control (wink, wink) [The Recorder via Cal Civil Justice]

Copyright enforcement mill appears to have copied its competitor’s website [TechDirt via Eric Goldman]

Tags: asbestos, bankruptcy, Barack Obama, baseball, baseball bats, child support, contingent fee, copyright, Fred Baron, New York, politics, privacy, schools, shotgun defendant selection

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]]> http://overlawyered.com/2010/08/august-12-roundup/feed/ 3 http://overlawyered.com/2010/02/february-12-roundup-3/ http://overlawyered.com/2010/02/february-12-roundup-3/#comments Fri, 12 Feb 2010 13:29:15 +0000 Walter Olson http://overlawyered.com/?p=16076

Patent trolls are thriving, one study finds [271 Patent Blog, The Prior Art, PriceWaterhouseCoopers, PDF]

One plaintiff’s lawyer’s view: Did Rep. John Murtha Die From Medical Malpractice? [Turkewitz]

“Rubber stamps for two [class action] settlements” [Ted Frank, Center for Class Action Fairness, AOL and Yahoo cases]

Little League and baseball bats: “America’s favorite pastime collides with favorite pastime of personal injury lawyers” [Bob Dorigo Jones]

States push home day-care providers into unions [Stossel]

U.K.: “Cardiologist will fight libel case ‘to defend free speech’” [Times Online] More on British libel tourism: Frances Gibb, Times Online (”It’s official – London is the libel capital of the world” ), Citizen Media Law, Gordon Crovitz/WSJ, N.Y. Times.

From a half-year back, but missed then: FBI says Miami lawyer bought stolen hospital records for purposes of soliciting patients [HIPAA Blog, Ambrogi/Legal Blog Watch]

Would-be Green Police can be found in Cambridge, Mass., not just Super Bowl ads [Peter Wilson, American Thinker via Graham]

Tags: baseball, baseball bats, chasing clients, environment, HIPAA, hospitals, labor unions, libel slander and defamation, Little League, Massachusetts, medical malpractice, patent trolls, Ted Frank, United Kingdom

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]]> http://overlawyered.com/2010/02/february-12-roundup-3/feed/ 6 http://overlawyered.com/2009/10/bat-maker-found-liable-for-players-death/ http://overlawyered.com/2009/10/bat-maker-found-liable-for-players-death/#comments Fri, 30 Oct 2009 01:05:34 +0000 Walter Olson http://overlawyered.com/?p=14447 A Montana jury decided that the aluminum baseball bat manufactured by “Louisville Slugger” maker Hillerich & Bradsby was not a defective product, but that the company should have warned of the dangers from its hitting balls at a higher speed, and awarded a family $850,000 for the 2003 death of their son at a baseball game. [Helena Independent Record, AP] Early commentary: Russell Jackson (doubting that a warning would actually have altered the behavior of those in the game) and Eugene Volokh (before verdict). Earlier here. More: Jim Copland discusses on CNN; Above the Law.

Tags: baseball, baseball bats, Montana

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]]> http://overlawyered.com/2009/10/bat-maker-found-liable-for-players-death/feed/ 12 http://overlawyered.com/2008/07/welcome-to-the-nanny-state-nation/ http://overlawyered.com/2008/07/welcome-to-the-nanny-state-nation/#comments Sat, 12 Jul 2008 17:04:15 +0000 Walter Olson http://overlawyered.com/?p=7267
It’s going on from California to New York City: a Drew Carey feature for Reason.tv.

Tags: baseball bats, California, nanny state, NYC, smoking bans, trans-fats

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]]> http://overlawyered.com/2008/07/welcome-to-the-nanny-state-nation/feed/ 3 http://overlawyered.com/2008/06/metal-baseball-bats-contd/ http://overlawyered.com/2008/06/metal-baseball-bats-contd/#comments Thu, 05 Jun 2008 03:33:16 +0000 Walter Olson http://overlawyered.com/?p=7100 Filling in a detail readers wondered about before, on why Little League was named as a defendant: “The game in which Steven Domalewski sustained the injury was a Police Athletic League contest rather than a Little League event. Attorney Ernest Fronzuto countered that Little League Baseball officially approved the bat and by its actions led players, coaches and parents to believe the bat was safe for play among 10-, 11- and 12-year-olds.” (Bob Condor, “Living Well: Youth baseball injury stats: Ouch!”, Seattle Post-Intelligencer, Jun. 1).

Tags: baseball, baseball bats, deep pocket, Little League, shotgun defendant selection

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]]> http://overlawyered.com/2008/06/metal-baseball-bats-contd/feed/ 0 http://overlawyered.com/2008/05/parents-to-sue-maker-of-metal-baseball-bats-over-sons-injury/ http://overlawyered.com/2008/05/parents-to-sue-maker-of-metal-baseball-bats-over-sons-injury/#comments Sun, 18 May 2008 18:52:30 +0000 Walter Olson http://overlawyered.com/?p=7002 “A New Jersey couple, whose son was struck in the chest with a line drive, is planning to sue the maker of a metal baseball bat used in the game.” The family of Steven Domalewski “contends metal baseball bats are inherently unsafe for youth games because the ball comes off them much faster than from wooden bats. The lawsuit will also be filed against Little League Baseball and a sporting goods chain that sold the bat.” (AP/FoxNews.com, May 18). Earlier: Apr. 19 and Dec. 30, 2002.

Tags: baseball, baseball bats, deep pocket, Little League, New Jersey, product liability, sports

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