- “Make patent trolls pay in court” [Judge Randall Rader, Colleen Chien, and David Hricik, NYT]
- “Let’s play”: Nintendo claims “monetization rights” to fans’ videos on YouTube [Doctorow, BoingBoing]
- I only read it for the cease and desist notices: University of Kansas lawyers go after Twitter feed featuring suggestive display of university licensed apparel [Gawker]
- Alleged misdeeds of Prenda Law just got even stranger [Mike Masnick, TechDirt, earlier; Nate Anderson ArsTechnica] Piling up statutory damages, experimental suit-filing, cost infliction? Copyright mills like Prenda didn’t invent any of that [Mitch Stoltz, EFF]
- “Here’s the Chipotle Ramen Concept Lawsuit, in Full” [Eater]
- “Help the EFF save podcasting from a patent troll” [Mark Frauenfelder]
- Semi-defense of Craigslist suits against competitors [Jerry Brito]
Tagged as:
colleges and universities,
copyright,
Craigslist,
intellectual property,
Kansas,
loser pays,
patent trolls,
videogames,
YouTube
Some politicians just want there to be random shortages [WSJ editorial]:
New York Attorney General Eric Schneiderman has subpoenaed the Craigslist website for the identities of people who advertised gas for sale at high prices. Mr. Schneiderman is doing this in the name of a New York law that forbids charging an “unconscionably excessive price” during an “abnormal disruption in the market.”
Tagged as:
attorneys general,
Craigslist,
New York
- “Battle of the tort reform flicks”: trial-bar-backed “Hot Coffee” documentary said to be more entertaining than U.S. Chamber-backed “InJustice” [TortsProf, Abnormal Use, Daily Caller, Frank/PoL, Above the Law, Fisher, LNL] Memo to liberal studio heads: c’mon, now’s the time to greenlight more business-bashing flicks [Alyssa Rosenberg, TP]
- Interlock makers join forces with MADD to lobby for new federal DUI mandates [Luke Rosiak, Wash Times] More: Greenfield.
- Consumer found liable after posting gripes about driveway contractor on Craigslist [Minneapolis Star-Tribune] P.S.: Default judgment, not merits [h/t ABA Journal]
- Angelos law firm obtains $1 billion+ punitive award in Exxon Baltimore gasoline leak case, bringing total to $1.5 billion+ [AP, earlier]
- Taiwan: “Jail Time (And $7000 Fine) for Saying a Restaurant’s Dishes Were ‘Too Salty’” [Volokh]
- Headed for SCOTUS? Sixth Circuit panel strikes down Michigan law banning discrimination in higher ed admissions and other state activities [Gail Heriot, Daily Caller; Hans Bader, CEI]
- Court in British Columbia includes C$30,000 in damage award for injury plaintiff’s purchase of medical marijuana for pain management [Erik Magraken]
Tagged as:
Baltimore,
Canada,
Craigslist,
illegal drugs,
jackpot justice,
MADD,
oil industry,
restaurant critics,
Sixth Circuit
- “Court Vacates $99,000 Fee to Counsel for Plaintiff Who Won $650″ [NJLJ]
- Libel-suit target: “Author Simon Singh Puts Up a Fight in the War on Science” [Wired]
- No, they weren’t “worst”: RIP injury lawyer who hyped “10 Worst Toys” list each Christmas [WSJ Law Blog]
- New credit card regulations squeeze small business [John Berlau letter in Washington Post]
- District attorney’s case intake desk should screen out many unjust prosecutions, but often doesn’t [Greenfield]
- AGs’ campaign to drive sex pros off Craigslist has failure built in [William Saletan, Slate; LNL; Declan McCullagh]
- “Nursing Home Company Settles $677 Million Lawsuit for $50 Million” [AP]
- “Judge accused of sexual harassment once helped women sue” [Orlando Sentinel]
Tagged as:
attorneys' fees,
CPSIA and toys,
Craigslist,
harassment law,
nursing homes,
prosecution,
United Kingdom
- “Bullying Busybody for Senate: How Connecticut’s attorney general beat Craigslist into submission” [Sullum, Harper] Blumenthal’s Senate campaign sputtering despite huge advantages [Jack Fowler, NRO] Lloyd Grove interview with challenger Linda McMahon [Daily Beast]
- “How Much Does Defensive Medicine Cost? One Study Says $46 Billion” [WSJ Health Blog, NY Times] Plus: a cardiologist’s comment;
- “Man sues over parking ticket, says it disclosed too much info” [Obscure Store, suburban Chicago Daily Herald]
- New allegations emerge in much-discussed “rape by deception” case in Israel [FrumForum, earlier, an academic comments]
- A Connecticut village turns down money from Hartford and tackles a historic preservation project on its own [me at Cato]
- NY Governor signs bill giving housekeepers, nannies new powers to sue employers for overtime, vacations [Workplace Prof] Plus: Hans in comments wonders whether the duty to avoid “hostile environment” harassment will collide with the right of free speech on sexual matters taken for granted (heretofore, at least) in a home environment.
- “Lawyers sue Facebook for letting kids like advertisements” [Gryphon, PoL]
- Per his foes, Gilded Age NYC trial lawyer William Howe used onion-scented handkerchief to summon tears at command [five years ago at Overlawyered]
Tagged as:
Connecticut,
Craigslist,
defensive medicine,
Facebook,
Israel,
New York,
Richard Blumenthal,
workplace
- Jury rules for Disney in case of man who said Tower of Terror theme park ride caused him to have stroke [Orlando Sentinel]
- The most dangerous place on earth is getting caught between Dick Blumenthal and a television camera.” Craigslist snipes back against demagogic Connecticut AG [Craigslist blog, Antle/American Spectator, earlier]
- U.K.: prisoner falls from bunk bed, wins £4.7m [Times Online]
- New York Times jealously guards its own sources’ right to speak with anonymity, doesn’t feel quite that way about others’ [Stoll]
- SUNY Buffalo mathematician/HuffPo blogger: why’d they let that awful Eugene Volokh into the country? [Volokh vs. Jonathan David Farley, Greenfield, background]
- College journalist won’t face criminal trespass charges after all in showdown over photographing escaped cows [Romenesko and update]
- Regulating “the American palate” — by what authority? [Healy, Examiner] More links on FDA salt regulation [Compton/CEI, ShopFloor (on CSPI), earlier here, here, etc.]
- Why one putative beneficiary decided not to file $2 claim after settlement of AT&T class action [Chidem Kurdas, Christian Science Monitor]
Tagged as:
amusement parks,
class action settlements,
Craigslist,
Disney,
prisoners,
Richard Blumenthal,
salt,
United Kingdom
The “grandstanding” Connecticut attorney general, notes Mike Masnick at TechDirt, is now publicly decrying Craigslist for turning a profit from sex ads. Why is it turning a profit? Well, the ads used to be free, but Craigslist started charging fees after Blumenthal himself (with fellow AGs) demanded that it do so, the idea being that a credit card trail would scare off some illegal users and make it easier for police to crack down on others.
Blumenthal, a longstanding bete noire of this site, is now running for the U.S. Senate seat held by the departing Chris Dodd. More: New York Times on his Senate bid (rough start, “Martha Coakley in pants”).
Tagged as:
Connecticut,
Craigslist,
Richard Blumenthal
- Federal judge throws out wrongful-termination suit filed by pants suit judge Roy Pearson, he’ll probably appeal [D.C. Examiner] More: Lowering the Bar.
- Sebelius signs documents providing lawsuit immunity for swine flu vaccine developers [Orato]
- How Sacha Baron Cohen keeps from getting sued, part umpteen [The Frisky]
- More on British Chiropractic Association’s defamation suit against skeptic Singh [Citizen Media Law, Orac/Respectful Insolence; earlier here, here, and here]
- Next round of lawsuits against Dov Charney’s American Apparel may allege “looks discrimination”, though that’s probably not actually a relevant legal category [Gawker, Business Insider, earlier here, etc.]
- Demand that Chicago set aside municipal contracts for gay-owned businesses [Sun-Times]
- “Grandstanding anti-Craigslist politicians still not satisfied” [TechDirt, TG Daily]
- Judge Kozinski: this is America, behaving disrespectfully toward a cop isn’t a crime [Greenfield]
Tagged as:
Alex Kozinski,
Borat,
Chicago,
Craigslist,
Roy Pearson,
vaccines
- Yielding to pressure from state AGs, Craigslist will close “erotic services” section and replace with more highly moderated “adult services”; New York’s Cuomo is furious the site took unilateral action “in the middle of the night” rather than negotiating with him [NY Times, Hartford Courant, office of Connecticut AG (and longtime Overlawyered bete noire) Richard Blumenthal, Citizen Media Law, Above the Law] More: Ambrogi.
- Or they could absorb it and move on: “Bounty sues Brawny in paper towel tilt” [Atlanta Journal-Constitution]
- Was granting patents relating to diagnostic analysis of human genes a mistake? Should courts undo it? Via constitutional law? Three different questions there [Ars Technica, Doc Gurley/San Francisco Chronicle]
- Canadian Human Rights Commission wants new ban on discrimination based on “social condition” (with concomitant penalties for hurtful speech premised on such condition) [Ken at Popehat]
- Luxury-goods makers’ suits against eBay over sale of counterfeits may be petering out [Frankel, American Lawyer]
- Today must be exotic-dancer-litigation day at Overlawyered: Trademark Trial and Appeal Board denies trademark protection for “Cuffs and Collar Mark” of Chippendales male exotic dancers [TTA Blog via Lowering the Bar, Ron Coleman, opinion in PDF]
- Allegations fail to stick: “Judge drops class-action suit on Teflon cookware” [AP/Des Moines Register, WSJ, American Lawyer; earlier here and here]
- Asbestos litigation ramps up against Detroit automakers after bankruptcy of many earlier defendants [five years ago on Overlawyered; up-to-the-minute report from Kirk Hartley]
Tagged as:
asbestos,
attorneys general,
autos,
bankruptcy,
Chrysler,
competition through litigation,
constitutional law,
Craigslist,
discrimination law,
eBay,
EEOC,
free speech in Canada,
patent law,
Richard Blumenthal,
strippers and exotic dancers,
trademarks
Dan Bader came to be “embroiled in a messy dispute with the state Department of Fair Employment and Housing and the Fair Housing Council of Orange County” when he used Craigslist to advertise a rental unit in his Newport Beach home as “Well suited for professional adults” and “Perfect for 1 or 2 professionals.” As the Orange County Register relates, it never resulted in an actual courtroom loss; the process was the punishment. Bader has a website on the experience: StateGoneCrazy.com (more on Craigslist and the wording of housing ads here, here, etc.).
Tagged as:
California,
Craigslist,
housing discrimination
- “Sioux split on suit seeking money for Black Hills” [Associated Press]
- More on nomination of Mothers Against Drunk Driving CEO to head highway safety agency [Balko, see also comments on earlier post]
- Push by advocates in Congress to extend shakedown-enabling Community Reinvestment Act to all financial institutions [Victoria McGrane, Politico] And some numbers from Bank of America raise doubts about those oft-heard “CRA default rates lower than regular default rates” assertions [Weisenthal, Business Insider]
- Illinois attorney general Madigan to Craigslist: purge vice ads or I’ll see you in court [L.A. Times]
- Here and there, acknowledgments in the press of the damaging effects of laws entrenching auto dealers against termination [L.A. Times via Craig Newmark]
- How many people get arrested for “contempt of cop”? [Coyote Blog] Blogosphere has helped spread awareness of police-abuse issues [Greenfield]
- Virginia Postrel: I told you so on that light bulb ban story [earlier]
- U.K. law reform panel: “charlatan” and “biased” expert witnesses put defendants at risk of wrongful conviction [Times Online]
Tagged as:
auto dealership protection laws,
Craigslist,
expert witnesses,
Indian tribes,
MADD,
mortgages,
police,
South Dakota
- A triumph for good sense, good policy, and the Constitution: Supreme Court declines to disturb 2005 Protection of Lawful Commerce in Arms Act, thus ending NYC’s wrongful and unfair lawsuit against gun makers [AP/Law.com] Interestingly, the Obama administration joined its predecessor in urging that the law’s constitutionality not be questioned [Alphecca] One of my fond memories is of giving the lead presentation to the House Judiciary Committee at a hearing on the bill during its drive for passage.
- “Tinkering With DWI Evidence Costs NY Judge and Law Prof Their Jobs” [ABA Journal; Buffalo, N.Y.]
- Coalition of media organizations urges First Circuit to reverse judge’s “truth-no-defense” defamation ruling, but the Circuit denies en banc rehearing [Bayard/Citizen Media Law and sequel; earlier]
- Car-crash arbitration-fixing angle heating up in probe of Luzerne County, Pennsylvania judicial scandals [ABA Journal]
- ACORN helping with the Census? Based on their voter work, we can be sure they’ll give it that 110% effort [Jammie Wearing Fool]
- To protect the public, why do you ask? Cook County, Ill. sheriff engages in “constant surveillance of Craigslist’s erotic services” [Patrick at Popehat]
- Imposed-contract provisions mean that Employee Free Choice Act is “not as bad as thought. It’s worse!” [Kaus]
- West Virginia lawmaker proud of introducing ban-Barbie bill: “If I’ve helped just 10 kids out with this, to me it was worth it” [AP/Charleston Gazette-Mail, earlier]
Tagged as:
card check,
Craigslist,
Employee Free Choice Act,
guns,
Luzerne County judicial scandal,
Protection of Lawful Commerce in Arms Act,
scandals
