Overlawyered » bloggers and the law

May 18 roundup

Walter Olson — Fri, 18 May 2012 04:14:02 +0000

Very silly Common Cause suit against Senate filibuster [Adler, Doug Mataconis, Jack Shafer (Filibuster unconstitutional? "Yes, but only when the GOP has the majority.")]
More on football concussion lawsuits [Will Oremus, Slate; Gerard Magliocca, Concurring Opinions; earlier]
Phrase I’ve heard before: Niall Ferguson says U.S. beset by the “rule of lawyers” [Business Insider]
“I have filed over a hundred lawsuits and another one will be no sweat for me. On the other hand, it will cost you a lot of time and money[.]” One blogger’s prolonged legal ordeal ["Aaron Worthing," Allergic2Bull and summary version] Plus: Ken/Popehat;
Louisiana land-taint suits: “maybe I’m just going to contend the oil companies did it, not the salt domes” [Lachlan Markay, Heritage, earlier]
Kansas differs from SCOTUS on legality of resale price maintenance. Will it make policy for the other 49 states? [Ted Frank] New Federalist Society project on state courts and how they’re picked;
A lot of lobbying went into that government-prescribed “flame-resistant” furniture [Chicago Tribune]

Tags: antitrust, bloggers and the law, CPSC, fires, football, Kansas, Louisiana, oil industry, serial litigants, state high courts, The Rule of Lawyers

May 18 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

April 25 roundup

Walter Olson — Wed, 25 Apr 2012 04:15:01 +0000

Eugene Volokh on civil liberties problems with the Violence Against Women Act reauthorization [first, second posts]
More coverage of the “N.C. vs. diet advice blogger” story we noted in February [Sara Burrows/Carolina Journal, Brian Doherty/Reason]
A case for an administrative alternative to asbestos litigation [Michael Hiltzik, L.A. Times] More on administered compensation funds [Adam Zimmerman, Prawfs]
Scuttle-the-boat insurance fraud scheme goes amusingly wrong [Lowering the Bar]
“To lower prices at the pump, abolish the boutique fuel regime” [Steven Hayward, Weekly Standard]
Supreme Court denies certiorari in NYC rent control case [Trevor Burrus, Cato; earlier here and here] But it does grant cert in Cato-backed property rights action [Ark. Fish & Game v. U.S.; Shapiro]
New Zealand’s innovative public policies: left, right or something else? [Eric Crampton] Let’s be more like the Scandinavian countries [Tim Worstall, UK] Don’t forget loser-pays…

Tags: asbestos, bloggers and the law, domestic violence, eat drink and be merry, insurance fraud, loser pays, New Zealand, North Carolina, oil industry, Supreme Court, Sweden, Victim Compensation Fund

April 25 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

April 18 roundup

Walter Olson — Wed, 18 Apr 2012 04:05:17 +0000

“MPAA: you can infringe copyright just by embedding a video” [Timothy Lee, Ars Technica]
NYC: fee for court-appointed fire department race-bias monitor is rather steep [Reuters]
Larry Schonbron on VW class action [Washington Times] Watch out, world: “U.S. class action lawyers look abroad” [Reuters] Deborah LaFetra, “Non-injury class actions don’t belong in federal court” [PLF]
Will animal rights groups have to pay hefty legal bill after losing Ringling Bros. suit? [BLT]
You shouldn’t need a lobbyist to build a house [Mead, Yglesias]
“Astorino and Westchester Win Against Obama’s HUD” [Brennan, NRO] My two cents [City Journal] Why not abolish HUD? [Kaus]
“Community organized breaking and entering,” Chicago style [Kevin Funnell; earlier, NYC]

Tags: animal rights, bloggers and the law, Chicago, class action settlements, class actions, fair housing, land use and zoning, loser pays, mortgages, movies film and videos, NYC, real estate

April 18 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Spanish professor says recording industry group violates antitrust law

Walter Olson — Wed, 11 Apr 2012 12:39:55 +0000

And the next thing you know, they sue him [Josh Wright, Mike Masnick] The blog post by Enrique Dans, who is professor of information systems at IE Business School, is here.

Tags: antitrust, bloggers and the law, copyright, RIAA and file sharing, Spain

Spanish professor says recording industry group violates antitrust law is a post from Overlawyered - Chronicling the high cost of our legal system

January 9 roundup

Walter Olson — Mon, 09 Jan 2012 05:12:45 +0000

Illinois now requires showing of ID, signing of log to buy drain cleaner. So long as you’re not trying to vote! [Consumerist via @amyalkon]
Tribute to no-longer-anonymous Ken White of Popehat and his work defending bloggers from legal threats [Scott Greenfield; earlier; Ken's defense in Maryland of blogger Aaron Worthing; new case of science blogger in Texas]
Politicos mobilize against risk that Wal-Mart will bring fresh produce choices to Harlem [Greg Beato] India frets about whether to allow chain stores, recapitulating a debate U.S. once went through [Tabarrok, MR]
Colorado legislators honored at a luncheon where I spoke [CCJL]
HHS launches initiative to audit health providers for compliance with HIPAA data privacy law, and many are unprepared [American Medical News, Dana Thrasher, Dom Nicastro/HealthLeaders Media]
New scholarship on effects of Twombly/Iqbal [Drug and Device Law series first, second, third, CL&P]
Congratulations to the outstanding Abnormal Use for winning the ABA’s “Blawg 100” vote for best torts blog; we feel pretty good about placing third without mounting a campaign. While exploring that site, don’t miss its stellar coverage of the tendentious documentary “Hot Coffee”.

Tags: bloggers and the law, Colorado, HIPAA, hot coffee, Illinois, India, legal blogs, pleading, Wal-Mart

January 9 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

January 3 roundup

Walter Olson — Tue, 03 Jan 2012 05:16:13 +0000

Popehat’s Ken to the rescue after Maine lawyer/lawmaker assists naturopath in bullying critical blogger [Popehat]
Newt’s “patriotism made me stray” among highlights of the year in blame-shifting [Jacob Sullum]
Nifong sidekick, now in a spot of legal bother himself, hits back with lawsuit [K C Johnson, Durham in Wonderland]
Shareholder action: “Delaware approves $285 Million in Plaintiffs’ Lawyers’ Fees” [Bainbridge, WSJ Deal Journal, WSJ Law Blog]
“Even one death is too many — WE MUST BAN NETI POTS!” [NYDN via Christopher Tozzo]
Debatable premise of Joe Nocera analysis on Stephen Glass case: bar admission turn-down = “rest of his life … destroyed” [NYT, Howard Wasserman/Prawfs, earlier]
Who says Connecticut never reforms liability? Towns won protection last year from some recreation-land tort exposure [CFPA, earlier here, here]

Tags: bar associations, bloggers and the law, Connecticut, Delaware, Duke lacrosse, recreation, safety

January 3 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Controversial Houston cancer clinic menaces critics

Walter Olson — Thu, 15 Dec 2011 12:09:43 +0000

Cory Doctorow at BoingBoing covers the story the story of how Houston’s Burzynski Clinic has been “sending threatening letters to bloggers who questioned the science behind Burzynski’s therapy.” In particular, Ken at Popehat has been crossing swords with one particular correspondent who has been making menacing noises about the clinic’s reputational interests.

Tags: bloggers and the law, Dozier Internet Law, science and scientists

Controversial Houston cancer clinic menaces critics is a post from Overlawyered - Chronicling the high cost of our legal system

November 23 roundup

Walter Olson — Wed, 23 Nov 2011 13:02:02 +0000

Big win for Ted Frank against cy pres slush funds [CCAF, Fisher, Zywicki, CL&P, @tedfrank ("Ninth Circuit rules in my favor ... but I still think I'm right".)]
“Can the Vatican Be Subject to ICC Prosecution?” [Ku/OJ]
“Tennessee: ATS Sues City Over Right Turn Ticket Money” [The Newspaper]
“Law firms dominating campaign contributions to Obama” [WaPo]
Does that mean it’s an entitlement? Punitive damage limits face constitutional challenges in Arkansas, Missouri [Cal Punitives]
Businessman sues to silence critical blogger, case is dismissed, now files suit #2 [Scott Greenfield]
Going Hollywood? “The Supreme Court should move to Los Angeles” [Conor Friedersdorf]

Tags: Arkansas, Barack Obama, bloggers and the law, Catholic Church, cy pres, Missouri, punitive damages, red light cameras, Supreme Court, Ted Frank

November 23 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

November 4 roundup

Walter Olson — Fri, 04 Nov 2011 10:29:23 +0000

“Kentucky antidiscrimination law doesn’t bar discrimination based on litigiousness” [Volokh]
“Lawyer sues to stop fireworks show; now wants $756K in fees from taxpayers” [CJAC, San Diego]
Leahy bill reauthorizing VAWA (Violence Against Women Act) includes language codifying OCR assault on campus due process [Bader, Daily Caller, Inside Higher Ed, FIRE, earlier here, here]
“One-Ninth the Freedom Kids Used To Have” [Free-Range Kids] “WARNING: Baby in pram! Anything could happen!” [same]
New Zealand considers criminalizing breaches of fiduciary duty [Prof. Bainbridge]
From libertarian Steve Chapman, a favorable rating for Rahm Emanuel as Chicago mayor [Chicago Tribune]
Did California privacy legislation just regulate bloggers? [Eric Goldman, Paul Alan Levy]

Tags: attorneys' fees, bloggers and the law, California, Chicago, discrimination law, New Zealand, privacy

November 4 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

“Totally Meghan McCain” parody columns

Walter Olson — Tue, 04 Oct 2011 18:02:36 +0000

At RedState, Leon Wolf has been parodying the work of Senatorial daughter and talk-show personality Meghan McCain. McCain’s lawyer, Albin Gess of Snell & Wilmer, wrote RedState editor Erich Erichson to threaten litigation over the posts, which prompted this magnificent letter in response (PDF) from Georgia attorney Christopher Scott Badeaux, representing Wolf. It also guaranteed more critical attention to McCain herself and her work, including this cruel entry by Ken at Popehat.

What Ken calls “the use of money and power to achieve censorship” — particularly in jurisdictions where judges are averse to awarding sanctions and anti-SLAPP protections are weak — is a continuing problem long overdue for open public discussion.

Tags: bloggers and the law, nastygrams, parody

“Totally Meghan McCain” parody columns is a post from Overlawyered - Chronicling the high cost of our legal system