Posts tagged as:

baseball

Liability roundup

by Walter Olson on September 17, 2014

{ 1 comment }

Torts roundup

by Walter Olson on August 11, 2014

  • Celebrated as the “most insane amusement park ever,” New Jersey’s notorious Action Park reopens, minus some of its most extreme hazards [National Post]
  • Insurance industry study finds attorneys getting into higher share of auto crash claims [IJ]
  • Medical monitoring cases, once seen as wave of future, have not fared well in court [Steven Boranian, DDL]
  • “Florida high court’s irrational ‘rational basis’ rejection of state tort reform undermines Rule of Law” [William W. Large, Washington Legal Foundation]
  • For a sense of where tort pressure is being felt, list of litigation groups at AAJ (including newly formed groups) often provides clues;
  • Los Angeles jury finds team partly liable in $14 million negligent security award for man beaten in Dodger Stadium parking lot [AP]
  • “Perhaps this is the first of a wave of hose-entanglement cases” [Lowering the Bar, Louisiana]

“A New York man who was caught sleeping at a recent Yankees game against the Red Sox on ESPN is filing a $10 million defamation suit against broadcasters Dan Shulman and John Kruk for their ‘avalanche of disparaging words,’ according to the New York Post.” Andrew Robert Rector’s complaint over the broadcasters’ “vituperative utterances” appears to have been translated awkwardly into English from some other language, a sample sentence reading: “It is well known that rivalry between the New York Yankees and Boston Red Sox is always the biggest in all of sport.” [Sporting News]

{ 6 comments }

Wurst-case scenario comes true: “The Missouri Supreme Court has ruled on behalf of a baseball fan who says he was hit in the eye with a hot dog thrown by Sluggerrr, the Kansas City Royals mascot.” The court overruled a trial judge who had instructed jurors that they could find the flying foodstuff to be an assumed risk of attending a Royals game. [Debra Cassens Weiss, ABA Journal; earlier]

{ 2 comments }

Performance-enhancing drugs: “After getting what it wanted — the Biogenesis founder’s testimony and evidence against Alex Rodriguez — MLB has dropped its lawsuit against Tony Bosch. …Bosch did not agree to assist MLB until it filed suit against him in February.” [Deadspin]

A mascot for the Kansas City Royals threw a wrapped hot dog into the stands, which injured a fan. A jury rejected his claim, but an appeals court reinstated it, and the Missouri Supreme Court is now considering whether the traditional principle that cuts off liability for foul balls and other expected projectiles should cover even the wurst case. [AP, earlier] More: Lowering the Bar.

{ 4 comments }

September 23 roundup

by Walter Olson on September 23, 2013

  • Drunk driver leaves road, hits power pole, Washington high court allows suit against property owner to proceed [Lowman v. Wilbur, PDF]
  • State attorneys general pressure clothing maker to drop t-shirts with drug names [ABA Journal, related earlier]
  • More transparency needed in Child Protective Services [Reason TV] One lawyer’s critique of CPS [Laurel Dietz, Straight (Vancouver)]
  • While aspiring to nudge us into more farsighted financial practices, government has trouble staying out of dumb bond deals itself [Coyote, and more (Detroit)]
  • You can care about safety but still think some speed limits are set too low [Canadian video on Jalopnik]
  • Trial lawyers aim to extend to Indiana their Idaho victory over “Baseball Rule” on spectator liability [NWIT, earlier here, here, here, etc.]
  • New “fair-housing” assessment and planning process propels federal government into social engineering [IBD editorial via AEI Ideas, HUD]

{ 2 comments }

  • “Is the main effect of the minimum wage on job growth?” [Tyler Cowen] Minimum wage is transitional wage; most workers who receive it will earn higher rate in the next year if they stay employed [same] “Obama’s Bogus Case for a ‘Decent Wage’”[Ira Stoll]
  • “Equipment manufacturer sues EEOC over email survey trolling for potential class members” [Jessica Karmasek, LNL]
  • Don’t mess with SEIU? “Service Employees Suit Assesses Harsh Penalties against Breakaway Reformers” [Steve Early, Labor Notes]
  • NLRB is fully staffed now, so watch out employers [Rod Kackley, Crain's Detroit Business]
  • Major League Baseball latest to face suit over unpaid volunteer workers [ABA Journal]
  • Dent in lawyers’ business plan? Judge doesn’t think Michigan meatpacking workers’ $1,000 don/doff claim is adequate basis for $140,000 legal fee award [Free Press]
  • Workplace vagrants: many employees quit jobs regularly as garnishment catches up to them [Coyote]

“A Boston Red Sox fan who was harassed and stabbed through the neck by a New York Yankees fan at a restaurant in 2010 has been awarded $4.3 million by a jury. The jury in New Haven reached the verdict Thursday in favor of Monte Freire and against the restaurant, U.S.S. Chowder Pot III, in Branford, attorneys for both sides said.” The plaintiff’s lawyer said the restaurant had been put on notice that the Yankees fan was potentially violent and should have cut him off from further liquor; the restaurant’s attorney said that while the man had previously behaved like a jerk, he was sitting quietly when observed which is why the bartender decided only to monitor him. [ESPN]

{ 2 comments }

Sports roundup

by Walter Olson on June 27, 2013

  • Florida attorney John Morgan, suing NASCAR over crowd injuries, says waiver on back of ticket isn’t valid [Mike Bianchi, Orlando Sentinel, scroll to "Open Mike"; John Culhane, Slate] Idaho court denies assumption-of-risk “Baseball Rule” in foul-ball case [CBS]
  • “Pennsylvania vs. NCAA: case dismissed” [antitrust; Rob Green, Abnormal Use]
  • 1911 article: aviation “as safe as football”: 47 aviation vs. 60 football fatalities in 1909. [Kyle Graham, @tedfrank] “Do no harm: Who should bear the costs of retired NFL players’ medical bills?” [WaPo] “Retired Jocks Dig for Gold in the California Hills” [Jon Coppelman on state's generous worker's comp arrangements]
  • “The Derrick Rose lawsuit and emotional distress claims in South Carolina” [Frances Zacher, Abnormal Use]
  • “Parents of autistic New Jersey teen sue so he can play on” [Brick, N.J. football team; WPVI]
  • NY Yankees successfully challenge company’s effort to trademark “Baseball’s Evil Empire” [Ilya Somin, Michael Schearer]
  • “Memo to Roger Goodell: I’ll take my NFL football without Obamacare propaganda, please” [Bainbridge]

“The Orioles’ team doctor, William H. Goldiner, tended to orange-clad ballplayers at the same time as he diagnosed thousands of blue-collar workers with asbestos-related illnesses whose cases were taken up by prominent lawyer and team owner Peter G. Angelos.” [Baltimore Sun, earlier]

{ 1 comment }

June 25 roundup

by Walter Olson on June 25, 2012

{ 1 comment }

Story at USA Today and CBS News. Among those who had questions about the prosecution from the start: Tom Kirkendall. Also see: Ron Coleman.

More: What jurors might have disliked about both the Clemens and the John Edwards prosecutions; a New York Sun editorial on the Clemens acquittal; Sally Jenkins, WaPo, via Fran Smith.

Gideon Kanner recalls how the forcible 1950s displacement of a modest Mexican community made way eventually (after the dropping of a public housing scheme) for the construction of L.A.’s baseball stadium. Some of the residents resisted: “Their principled fight became a footnote in the wretched history of eminent domain law which holds that once a condemnor acquires title to private property by eminent domain, it is not bound to put it to the ‘public’ uses for which it was taken.” ["The Curse of Chavez Ravine"]

In other eminent domain news, voters in the Indian state of West Bengal have ousted the long-ruling Communist party; a rival party “began to gain momentum when angry farmers erupted in protest against the Communist government in 2007 and 2008 after it seized farmland to set up an automobile factory.”

“Jurors deliberated a little more than an hour before finding that the Royals were not liable for injuries suffered by a Kansas man when he was hit in the eye by a foil-wrapped hot dog at a game in September 2009.” [Kansas City Star via Lowering the Bar, earlier]

February 15 roundup

by Walter Olson on February 15, 2011

  • Artist Jeff Koons drops his lawsuit against maker of resin balloon dogs [Legal Blog Watch, BoingBoing, earlier]
  • The car pile-up happened fast, the come-ons from lawyers and chiropractors were almost as speedy [Adler/Volokh]
  • Andrew Thomas update: former Maricopa County Attorney intends to sue former bar president and ethics investigators [ABA Journal, Coyote]
  • Litigation finance: “Poker Magnate, London Firm Bankroll Chevron Plaintiffs” [Dan Fisher, Forbes] Case for champerty pleaded before ethics commission [Podgers, ABA Journal] The experience in Australia [Karlsgodt]
  • Judge: Kansas City stadium mascot hot dog toss suit can go to trial [OnPoint News, earlier]
  • How National Enquirer matched wits with John Edwards to expose scandal [David Perel, HuffPo] More: Justice Department building a case? [AW]
  • “The Whooping Cough’s Unnecessary Return” [Paul Howard/Jim Copland, City Journal] Theodore Dalrymple reviews new Paul Offit vaccine book [same]
  • Many trial lawyers yank funding from Ralph Nader operations in pique over his role in depriving Al Gore of White House victory [ten years ago on Overlawyered]

{ 1 comment }

February 5 roundup

by Walter Olson on February 5, 2011

  • Thomas Sowell on EPA dairy-spill regulations [NRO, earlier at Cato here and here] It’s the miracle federal agency: “What doesn’t the EPA do?” [ShopFloor]
  • President’s State of the Union medical malpractice gesture, cont’d [PoL, more, Ted Frank/Examiner, NJLRA, related, earlier here, here, here, here, here, here, here, etc.]
  • Fired minor-league Yankees mascot files wage-hour suit [ESPN]
  • Ohio sheriff prepares criminal complaint against reporter for asking him questions [WHIO via Balko]
  • It all happened so suddenly: Henry Waxman now disapproves of the use of subpoenas for fishing expeditions [Mark Tapscott, Examiner; earlier]
  • Should hospitals ban cameras from childbirth? [NYT "Room for Debate" with contribution from Jim Harper, Cato Institute]
  • Non-”flagrant” trespassing OK? Tort liability shift in Third Restatement [PoL]
  • Nope: “At this time, I would like to formally accuse Walter Olson of having an intern or something.” [Ron Miller]

December 4 roundup

by Walter Olson on December 4, 2010

  • Will they get group discounts on lawyers? Groupon vs. MobGob patent brawl [TechCrunch]
  • Why American courts should sometimes recognize Islamic law [series of Eugene Volokh posts]
  • No, it’s not a “public health issue”: “The Case Against Motorcycle Helmet Laws” [Steve Chapman, syndicated/RCP]
  • Failed system of justice on some Indian reservations [McClelland, Mother Jones]
  • Ten years ago: Morgan Lewis & Bockius handed mlb.com domain over to its client Major League Baseball [Ross Davies, SSRN]
  • City of Boston adds insult to injury after employee runs into building [TJIC, Popehat]
  • Citing fans’ drug use, feds seek forfeiture of farm used for Grateful Dead tribute concerts [Greenfield]
  • Johann Sebastian Bach, serial copyright violator [Cavanaugh, Reason]