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/2012/02/xbox-games-may-have-spurred-synagogue-attacks-lawyer-says/ http://overlawyered.com/2012/02/xbox-games-may-have-spurred-synagogue-attacks-lawyer-says/#comments Wed, 01 Feb 2012 13:44:05 +0000 Walter Olson http://overlawyered.com/?p=27270 “A man accused of firebombing three New Jersey synagogues may have been influenced by violent Xbox video games that aggravated his mental issues, his attorney said Tuesday. … [Anthony] Graziano’s attorney, Robert Kalisch, speaking outside court after the hearing Tuesday morning, described Graziano as a young man with mental health issues who had few friends and played violent games on his Xbox.” [MSNBC, Patrick Scott Patterson/Examiner](& Elie Mystal, Above the Law)

Tags: blue-ribbon excuses, videogames

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]]> http://overlawyered.com/2012/02/xbox-games-may-have-spurred-synagogue-attacks-lawyer-says/feed/ 18 http://overlawyered.com/2012/01/blue-ribbon-excuses-shoplifting-california-lawmaker/ http://overlawyered.com/2012/01/blue-ribbon-excuses-shoplifting-california-lawmaker/#comments Thu, 19 Jan 2012 14:01:45 +0000 Walter Olson http://overlawyered.com/?p=26954 Assemblywoman Mary Hayashi (D-Hayward), who chairs the Committee on Business, Professions and Consumer Protection, has “pleaded no contest to charges that she tried to walk off with $2,500 in clothes.” [L.A. Times via Amy Alkon] “Hayashi spokesman Sam Singer has called the incident ‘a mistake and a misunderstanding.’” [Dublin Patch, KGO] “Hayashi’s attorney, Douglas Rappaport, told reporters that the lawmaker is taking medication for a benign brain tumor and that the ailment may have been responsible for her behavior.” But that doesn’t mean she’ll be taking a medical leave from her duties: according to her attorney, the tumor “is being treated with medication and no longer affects her,” reports the Sacramento Bee, which continues in a skeptical vein: “Medical experts said Monday that it is very rare, however, for a brain tumor that does not require surgery to influence behavior so significantly.” “I am confident that with the close of these proceedings, she will continue to ably serve her constituents with the same talent and passion she has displayed throughout her time in office,” wrote Assembly Speaker John Pérez in a supportive statement.

Tags: blue-ribbon excuses, California, legislature

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]]> http://overlawyered.com/2012/01/blue-ribbon-excuses-shoplifting-california-lawmaker/feed/ 13 http://overlawyered.com/2011/06/the-defense-rests/ http://overlawyered.com/2011/06/the-defense-rests/#comments Wed, 29 Jun 2011 05:40:21 +0000 Walter Olson http://overlawyered.com/?p=23628 “Sleepwalker not responsible for brutal attack” [Calgary Sun via Lowering the Bar, who also contributes the headline above]

Tags: blue-ribbon excuses, Canada

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]]> http://overlawyered.com/2011/06/the-defense-rests/feed/ 0 http://overlawyered.com/2010/10/hiccup-girl-lawyer-may-blame-tourettes/ http://overlawyered.com/2010/10/hiccup-girl-lawyer-may-blame-tourettes/#comments Thu, 28 Oct 2010 05:07:38 +0000 Walter Olson http://overlawyered.com/?p=19889 Annals of unusual criminal defenses: the lawyer defending Hiccup Girl Jennifer Mee on murder charges says he may blame her actions on Tourette’s Syndrome, a medical condition not ordinarily linked to violence or criminality. [CBS News/WFOR/AP, Lowering the Bar]

Tags: blue-ribbon excuses

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]]> http://overlawyered.com/2010/10/hiccup-girl-lawyer-may-blame-tourettes/feed/ 10 http://overlawyered.com/2010/10/boys-deny-fireworks-fiasco-claim-seat-heaters-caused-car-fire/ http://overlawyered.com/2010/10/boys-deny-fireworks-fiasco-claim-seat-heaters-caused-car-fire/#comments Mon, 04 Oct 2010 05:11:25 +0000 Walter Olson http://overlawyered.com/?p=19508 From the Blue-Ribbon Excuses file, via Obscure Store and a puckishly written account by Mark Morey in the Yakima Herald-Republic.

Tags: blue-ribbon excuses

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]]> http://overlawyered.com/2010/10/boys-deny-fireworks-fiasco-claim-seat-heaters-caused-car-fire/feed/ 0 http://overlawyered.com/2010/09/not-guilty-by-reason-of-caffeine/ http://overlawyered.com/2010/09/not-guilty-by-reason-of-caffeine/#comments Tue, 21 Sep 2010 11:35:35 +0000 Walter Olson http://overlawyered.com/?p=19352 “Reports today say that a 33-year-old Kentucky man will argue in his murder trial this week that he should be found not guilty of killing his wife because he was under the influence of caffeine at the time.” [Lowering the Bar] Update: Lawyer doesn’t mention caffeine theory on trial’s first day [ABA Journal] From commenter Shtetl G: “I would be more sympathetic if he claimed lack of caffeine caused the murder.”

Tags: blue-ribbon excuses, eat drink and be merry

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]]> http://overlawyered.com/2010/09/not-guilty-by-reason-of-caffeine/feed/ 8 http://overlawyered.com/2009/09/ninth-circuit-judge-wrongly-barred-asperger%e2%80%99s-evidence-in-eco-terrorism-trial/ http://overlawyered.com/2009/09/ninth-circuit-judge-wrongly-barred-asperger%e2%80%99s-evidence-in-eco-terrorism-trial/#comments Mon, 14 Sep 2009 04:14:46 +0000 Walter Olson http://overlawyered.com/?p=13625 “A federal appeals court has overturned the arson convictions of a Caltech grad student accused of torching and vandalizing 125 SUVs, ruling the trial judge wrongly barred evidence of the defendant’s Asperger’s syndrome.” [ABA Journal, L.A. Times] While we’re at it, also from the ABA Journal: “Law Prof Charged with Tax Evasion, Claims Severe ADD, Prosecutors Say“.

Tags: blue-ribbon excuses, environment, taxes

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]]> http://overlawyered.com/2009/09/ninth-circuit-judge-wrongly-barred-asperger%e2%80%99s-evidence-in-eco-terrorism-trial/feed/ 2 http://overlawyered.com/2009/04/blue-ribbon-excuses-accumulation-of-head-injuries/ http://overlawyered.com/2009/04/blue-ribbon-excuses-accumulation-of-head-injuries/#comments Sat, 04 Apr 2009 04:15:07 +0000 Walter Olson http://overlawyered.com/?p=10260 According to a San Francisco supervisor, a succession of such traumas dating back to childhood predisposed him to the bribery/extortion rap that eventually tripped him up. He drew a maximum 64 month sentence anyway.

Tags: blue-ribbon excuses, San Francisco

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]]> http://overlawyered.com/2009/04/blue-ribbon-excuses-accumulation-of-head-injuries/feed/ 2 http://overlawyered.com/2009/03/church-gunman-suffered-from-lyme-rage/ http://overlawyered.com/2009/03/church-gunman-suffered-from-lyme-rage/#comments Wed, 11 Mar 2009 15:50:00 +0000 Walter Olson http://overlawyered.com/?p=9712 Eyebrows are raised at an Illinois excuse.

Tags: blue-ribbon excuses

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]]> http://overlawyered.com/2009/03/church-gunman-suffered-from-lyme-rage/feed/ 8 http://overlawyered.com/2009/01/january-13-roundup-3/ http://overlawyered.com/2009/01/january-13-roundup-3/#comments Tue, 13 Jan 2009 05:16:31 +0000 Walter Olson http://overlawyered.com/?p=8280

IP turf-staking: charity tries to trademark the phrase “Congenital Diaphragmatic Hernia Awareness” [Likelihood of Confusion]

Bad excuses dept.: Ohio 17-year-old killed his mom but lawyers “insisted youth and video game addiction made him less responsible,” a theory judge wasn’t buying [AP/WBBM]

Lawsuit over Yelp review (chiropractor vs. disgruntled ex-client) settled [CNet; earlier]

“Can U.S. Laws Protect Online Speech from Foreign Libel Suits?” [Neuberger/PBS]

Coverage of Philadelphia’s Fumo scandal trial, “law firms [and some big ones] used in an alleged blackmail scheme” [Lowe, AmLaw Daily, earlier]

“Another wrongful-paternity case from hell” (wrong guy, but default judgment) [Balko, Reason]

Never trust content from “ProPublica” [Kopel @ Volokh on environmental effects of oil hydraulic fracturing, response from ProPublica, Kopel's riposte; their attack on Goldman Sachs in California and New Jersey; Carter Wood at NAM "ShopFloor"]

Few places have emulated San Francisco and Santa Cruz ban on discrimination based on appearance, i.e., against less attractive folks [WorkplaceProf]

Tags: blue-ribbon excuses, discrimination law, online speech, Philadelphia, scandals, trademarks

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