Telemarketers working for lawyers and chiropractors “line up every day” at police and public records offices to buy car-crash records [Dallas Morning News]
Mystery of embattled Florida debt-relief law firm Hess Kennedy (Mar. 6) deepens as whereabouts of lawyer Edward Kennedy are questioned [ABA Journal]
Criticism mounts of Calif. AG Jerry Brown’s lawsuits using global warming theories to force higher-density development [Stewart/LA Weekly, Walters/SacBee, via Kaus, scroll]
Colorado firm says lawsuit’s “settlement mill” allegations are concocted “by a competitor who doesn’t like (Azar’s) advertising.” [Colorado Springs Gazette]
Hey, you can rig up a disposable camera to give you a little shock; it might also give you a D felony record under school zero tolerance [WTNH via Greenfield]
One good thing about those anonymous snitchlines for domestic abuse, you don’t have to worry about bogus calls or anything like that [Colorado Springs Gazette on Texas polygamist raid backstory]
Lawyers get $2 million in fees in Netflix class action [WSJ law blog; earlier]
In Boulder, Colorado, hair salon owner Joy Douglas “received a $1,000 ticket from an animal-control officer for coloring her white poodle, Cici, pink by using organic beet juice.” Everyone seems to agree that the dye job is not physically harmful to the pooch, who is well cared for in other ways, but Boulder has a town ordinance against animal-dyeing, aimed at Easter-season tormentors of bunnies and chicks, and several residents ratted Douglas out. She says the idea of the pink fur was to raise awareness for breast cancer. (“Boulder’s pink poodle owner preps for legal fight”, Denver Post, Mar. 11).
This morning I was a guest on WTKK’s “Michael Graham Show” out of Boston to discuss the Spitzer scandal. I was also the guest of Mike Rosen on Denver’s KOA for a discussion of the case of the New York lawyer who’s suing casinos for $20 million after her out-of-control gambling ruined her career.
Oregon Supreme Court plays chicken with SCOTUS over $79.5 million punitive damages award in Williams v. Philip Morris case. [Sebok @ Findlaw; Krauss @ IBD; POL Feb. 1]
Speaking of punitive damages, I did a podcast on Exxon Shipping v. Baker. I can’t bear to listen to it, so let me know how I did. [Frank @ Fed Soc]
Arkansas case alleged legal sale of pseudoephedrine was “nuisance” because meth-makers would buy it; case dismissed. [Beck/Herrmann]. This is why I’ve stockpiled Sudafed.
Lawyers advertise for refinery explosion victims before fire goes out. [Hou Chron/TLR]
Connecticut Supreme Court: cat-attack victim can sue without showing past history of violence by animal. [On Point] Looking forward to comments from all the anti-reformers who claim to oppose reform because they’re against the abrogation of the common law.
Op-ed on the Great White fire deep pockets phenomenon. [SE Texas Record; earlier: Feb. 2]
Easterbrook: “One who misuses litigation to obtain money to which he is not entitled is hardly in a position to insist that the court now proceed to address his legitimate claims, if any there are…. Plaintiffs have behaved like a pack of weasels and can’t expect any part of their tale be believed.” [Ridge Chrysler v. Daimler Chrysler via Decision of the Day]
Retail stores and their lawyers find sending scare letters with implausible threats of litigation against accused shoplifters mildly profitable. [WSJ]
Judge reduces jury verdict in Premarin & Prempro case to “only” $58 million. And I still haven’t seen anyone explain why it makes sense for a judge to decide damages awards were “the result of passion and prejudice,” but uphold a liability finding from the same impassioned and prejudiced jury. Wyeth will appeal. [W$J via Burch; AP/Business Week]
Judge lets lawyers get to private MySpace and Facebook postings. [OnPoint; also Feb. 19]
Doctor: usually it’s cheaper to pay than to go to court. [GNIF BrainBlogger]
Trial lawyers in Colorado move to eviscerate non-economic damages cap in malpractice cases [Rocky Mountain News]
Bonin: don’t regulate free speech on the Internet in the name of “campaign finance” [Philadelphia Inquirer]
“Executives face greater risks—but investors are no safer.” [City Journal]
Professors discuss adverse ripple effects from law school affirmative action without mentioning affirmative action. Paging Richard Sander. Note also the absence of “disparate impact” from the discussion. [PrawfsBlawg; Blackprof]
Colorado: “An inmate who twice escaped from the Pueblo County jail filed a federal lawsuit Thursday, alleging that guards abused him and didn’t do enough to stop him from breaking out.” Scott Anthony Gomez, Jr.’s lawsuit “claims authorities ‘did next to nothing to ensure that the jail was secure and that the Plaintiff could not escape.’” (TheDenverChannel.com, Jan. 4).
And, as the night follows the day, there descend the class-action shareholder lawyers, led in this case by San Diego’s not-at-all-tainted Coughlin Stoia of Bill Lerach fame. (“Crocs facing possible suit despite earnings hike”, Northern Colorado Business Report, Nov. 9; Keith DuBay, “Lawyers pounce on Crocs”, ColoradoBiz Magazine/Denver Post, Nov. 15). “Imagine that! Sandals seasonal? Who knew?” (Al Lewis, “Idiots’ lawsuit is nothing but a Croc”, Denver Post, Nov. 16).
Lawyer for Mothers Against Drunk Driving: better not call yourself Mothers Against Anything Else without our say-so [Phoenix New Times]
Ohio insurer agrees to refund $51 million in premiums, but it’s a mutual, so money’s more or less moving from customers’ left to right pockets — except for a big chunk payable to charity, and $16 million to you-know-who [Business First of Columbus; Grange Mutual Casualty]
Sources say Judge Pearson, of pants suit fame, isn’t getting reappointed to his D.C. administrative law judge post [WaPo]
Between tighter safety rules and rising liability costs, more British towns are having to do without Christmas light displays [Telegraph]
So strong are the incentives to settle class-action securities suits that only four have been tried to a verdict in past twelve years [WSJ law blog]. More: D&O Diary.
It’s so cute when a family’s small kids all max out at exactly the same $2,300 donation to a candidate, like when they dress in matching outfits or something [WaPo via Althouse]
Idea of SueEasy.com website for potential injury plaintiffs [Oct. 19] deemed “incredibly stupid” [Turkewitz]
Gruesome life-changing injuries from tug-of-war matches (e.g., Colorado, Oct. 12; North Carolina, 2003; Taiwan, 1997; Tennessee, 1995) are rare, but not unheard of. Safety measures on tug-of-war ropes are possible. Do everyday ropes, used for a variety of purposes other than tug-of-war, need warning labels? Do previous injuries put the Colorado school district on notice: i.e., does a single publicized injury now make every school district effectively strictly liable if future injuries occur? What happens when tug-warriors disregard safety rules because the obvious risk of wrapping rope around a body part is not clearly spelled out? (Keep in mind in the Stella LiebeckMcDonald’s coffee case, the plaintiffs complained that the coffee-cup warning that the beverage was hot wasn’t clear enough about the risk of injury.)
You’d think it was for a nuclear waste plant, not a small pair of marinas on a Colorado lake (Aug. 16). If you’re going to store batteries in a shed, apparently you need to hang a sign saying “Batteries” on the shed (TJIC, Aug. 16). But then, “Colorado is one of the states I have to have a special license to sell eggs.”
P.S. And in the same vein, here’s Prof. Bainbridge being told by L.A. permits authorities that according to zoning records, his house does not exist (Sept. 12).
Recently there has been growing discussion concerning the appropriate role of state Attorneys General. Some argue that state AGs have overstepped their boundary by prosecuting cases and negotiating settlements that have had extraterritorial effects, and sometimes even national effects. Others argue that state AGs are simply filling a vacuum left by the failure of others (for example, federal agencies) to attend to these issues. In light of this debate, the Federalist Society hosted a panel in Washington, D.C. featuring several state Attorneys General who discussed the proper role of state AGs.
Panelists included:
* Hon. Bob McDonnell, Attorney General of Virginia
* Hon. Donald Stenberg, former Attorney General of Nebraska; Erickson & Sederstrom
* Hon. John Suthers, Attorney General of Colorado
* Hon. J. B. Van Hollen, Attorney General of Wisconsin
* Ms. Peggy Little, Little & Little; Director, Federalist Society Pro Bono Center, Moderator
Litigation as foreign policy? Bill authorizing U.S. government to sue OPEC passes House, and is already contributing to friction with Russia [AP; Reuters; Steffy, Houston Chronicle; earlier here, here, and here]
Multiple partygoers bouncing on a trampoline not an “open and obvious” risk, says Ohio appeals court approving suit [Wilmington News-Journal]
Skadden and its allies were said to be representing Chinatown restaurant workers pro bono — then came the successful $1 million fee request, bigger than the damages themselves [NYLJ]
Who will cure the epidemic of public health meddling? [Sullum, Reason]
Turn those credit slips into gold, cont’d: lawsuits burgeon over retail receipts that print out too much data [NJLJ; earlier]
Lawprof Howard Wasserman has further discussion of the Josh Hancock case (Cardinals baseball player crashes while speeding, drunk and using cellphone) [Sports Law Blog; earlier]
“Women prisoners in a Swedish jail are demanding the ‘human right’ to wear bikinis so they can get a decent tan.” [Telegraph, U.K.]
Disbarred Miami lawyer Louis Robles, who prosecutors say stole at least $13 million from clients, detained as flight risk after mysterious “Ms. Wiki” informs [DBR; earlier at PoL]
Indiana courts reject motorist’s claim that Cingular should pay for crash because its customer was talking on cellphone while driving [three years ago on Overlawyered]
Jim Copland, at Point of Law, does a little digging (Feb. 26) to see whether something called the Colorado Home Alliance emerged as the spontaneous outgrowth of local residents’ dissatisfaction with the state of construction-defect law.
“Voters last November approved Amendment 41, which limited gifts to most government employees and their families to $50. The constitutional amendment was put on the ballot by wealthy entrepreneur Jared Polis and the public-interest group Common Cause.” It soon emerged that the measure might prohibit the award of university scholarships to children of government employees or the award of the Nobel Prize to a government-employed scientist. Highly placed Coloradans have been scurrying about for weeks now trying to figure out what to do. (Lynn Bartels and Alan Gathright, “Pressure to fix ethics law”, Rocky Mountain News, Feb. 6; Lynn Bartels, “GOP’s May says Polis ‘threatening’ in Amendment 41 talk”, Rocky Mountain News, Feb. 9; Chris Frates and Jeri Clausing, “Fix it yourself, backers of 41 told”, Denver Post, Jan. 31; Mark Hillman (former Colo. state treasurer), “Ethics amendment creates an ethical dilemma”, Independence Institute, Jan. 25; text of Amendment 41 (PDF); Peter Blake (columnist), Rocky Mountain News, Nov. 15, Dec. 20, Jan. 3, and Jan. 20).
This priceless segment ran on Comedy Central’s Daily Show with Jon Stewart the other day (Feb. 9). John Oliver interviews a Colorado man who’s filed bias complaint over “Ladies’ Night” bar promotions, and who insists — like so many other unintentionally silly litigants — that his cause deserves to share the moral high ground of the civil rights movement (“Sexual Stealing”).
For more on complaints targeting “Ladies’ Nights”, see Aug. 4, 2003, May 11 and Aug. 19, 2006 (Calif.), Jun. 10, 2004 (N.J.), Feb. 9 (N.H. — complainant charged with extortion).
More on the extortionate and lawless $500 billion Wal-Mart class certification. [Point of Law]
Mississippi Supreme Court rejects extortionate medical monitoring class actions. [Behrens @ WLF]
Lawyer Daniel Hynes tries to extort $2000 from New Hampshire bar holding Ladies’ Night. [Foster's Daily Democrat (h/t B.C.)]
Colorado Civil Justice League stops legislative attempt at giveaway to local trial lawyers. [Point of Law]
Wisconsin court: family can be sued for babysitter’s car accident when returning home from dropping off child. [AP/Insurance Journal]
Fox seeks to dismiss Borat suit on anti-SLAPP grounds. [Hollywood Reporter Esq. via WSJ Law Blog]
Passaic County jury: $28M for “wrongful birth.” [NorthJersey.com]
Former AG (and Dem) Griffin Bell: “Judicial Leadership Emerging In Asbestos And Silica Mass Torts” [WLF]
Utah legislature considering med-mal reform for ERs. “Neurosurgeons in this town have to pay over $90,000 a year just for the privilege of getting out of bed on a Friday night to drain the blood from the brain of a victim of a drunk driver crash. And they say, I’m not gonna do it. Because the patients are sicker. The procedures are sometimes more invasive and more risky with more complications. Why take that risk if they don’t have to?” [KCPW via Kevin MD; Provo Herald]
A little-read blog promoting a soon-to-be-pulped fictional account of tort reform is really begging for a link from us, what with three out of the last five posts making amateurish (and often false) personal attacks on this site’s authors or soliciting others to also fling poo. No dice.
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