Max Kennerly thinks we should understand their point of view. Earlier here, here, etc., etc.
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Posts tagged as:
criminals who sue
“David Belniak had drugs in his system and never braked when he slammed into the back of a family’s car stopped at a red light on Christmas Day 2007. Three people died.” Now, represented by his sister, attorney Debra Tuomey, Belniak is suing the driver of the car he slammed into. [Tampa Bay Times, Tuomey's JD Supra site]
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A Kansas judge “last week dismissed Jesse Dimmick’s lawsuit against the couple he kidnapped in southwest Shawnee County.” [Topeka Capital-Journal, earlier]
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But the estate of a Massachusetts man killed in an apparent accident when the gun went off was not allowed to sue the owner and gun manufacturer. [Volokh]
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Jesse Dimmick, who invaded the home of Jared and Lindsay Rowley at knifepoint and held them for some time against their will, is now suing them for allegedly reneging on a promise to hide him from the police. He’s also suing the city of Topeka, one of whose officers shot him during his apprehension. [Capital-Journal via Lowering the Bar]
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Pennsylvania: “A York man who pleaded guilty to illegally selling prescription drugs is suing the doctor who prescribed the painkillers to him for medical malpractice and medical negligence.” [York Daily Record]
And from the same state: veteran who broke into a pharmacy to steal drugs sues Veterans Administration for not having given him better mental health counseling. [Times-Leader]
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- Washington Post pundit Dana Milbank’s lament: Obama isn’t doing enough to intimidate opponents [David Boaz, Cato]
- FDA defends itself against rising criticism on drug and device approval [NYT] NYT approaches the issue with a curious slant [Paul Rubin]
- California courts: what makes you think we need to follow SCOTUS on arbitration? [Cal Biz Lit, more, Russell Jackson] Senate anti-arbitration hearing could have used more truth in advertising [PoL]
- Pols want to fast-track favored L.A. stadium against environmental suits under California’s obstructor-friendly CEQA. Hmmm… why not fast-track everyone else too? [Gideon Kanner, Stephen Smith, SCPR, Paul Taylor, Examiner]
- State law forbids use of deadly force in defense of business property: “Burglar’s family awarded $300,000 in wrongful death suit” [Colorado Springs Gazette]
- One reason the Ninth Circuit may go off on more frolics: three-judge, one-clerk bench memos [Kerr]
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- Claim: unwanted sugar in Dunkin’ Donuts coffee order sent customer into diabetic shock [AP]
- Schadenfreude aside, key theory in feds’ case against John Edwards looking mighty strained [Meck Deck/John Locke Foundation, Steve Hayward/Power Line, Ted Frank, Jacob Sullum] “They’ve indicted one former presidential candidate on one count of false statements?” [Caleb Brown] American Lawyer looks back at the law firms that backed Edwards in 2008; our coverage of his ‘04 law-firm backers and of moneyman Fred Baron, and my commentary on Baron’s ethical standards;
- Edwards-reminiscent? Theory that earlier C-section would have averted cerebral palsy nets $58 M verdict [Thomas Scheffey, Connecticut Law Tribune]
- Carter Wood, key business-policy blogger, departs NAM for Business Roundtable;
- Tenderer tort-law treatment for trespassers, courtesy 3rd Restatement? [David Freddoso/Examiner, Richard Cupp via TortsProf]
- Non-shockingly, some litigation defense lawyers aren’t enthusiastic about lawsuit reform [Texas Lawyer]
- “Attorney charged with stealing clerk’s textbook from courtroom” [Baltimore Sun]
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“A man convicted of murder has lost his employment tribunal case against Royal Mail which he claimed had breached his human rights when it sacked him. … he claimed he had been sacked prematurely because he was not found guilty of the offence until June.” [The Independent (U.K.)]
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Kent and Surrey, England: “Police have told residents to stop putting wire mesh on their garden shed windows – because they could be sued if a burglar is injured.” [Telegraph]
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He loses a suit arguing that the bar should have checked patrons for weapons. [Point of Law]
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Waterbury, Ct.: “A driver who’s serving a manslaughter sentence for striking and killing a 14-year-old boy is suing the victim’s parents, blaming them for their son’s death because they allowed him to ride his bike in the street without a helmet.” The hand-penned countersuit comes in response to the parents’ suit; it’s unlikely to help the inmate’s case that prosecutors say he was driving 83 in a 45 mph zone, a claim he denies, or that he had a history of drunk driving convictions. [Hartford Courant]
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“The Wisconsin Court of Appeals has refused to follow a convicted child molester ‘down the rabbit hole’ and allow her to sue the parents of the 13-year-old boy she assaulted for failing to protect him from her.” [Matthew Heller, OnPoint News]
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Michael Dupree, now serving a prison sentence for burglary and other charges, has filed a pro se suit against three men over what he says was excessive force in apprehending him. One of the three being sued is Anthony McKoy, whose bicycle Dupree stole after breaking into his car. [St. Petersburg Times, AP]
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California has a statute barring negligence claims by persons injured while committing or fleeing from felonies of which they have been duly convicted. In this case it operated to cut off a case by two burglars who’d hoped to get money by suing a third over their injuries in a getaway crash. [Lowering the Bar; Espinosa v. Kirkwood, No. E048472 (Cal. App. 4 Dist. June 23, 2010), PDF]
Australia: “A man who held the nation to ransom with a letter-bomb campaign has won compensation linked to the failed workplace love affair that sparked the terror reign.” [Herald-Sun] In other Antipodean workplace news, a man currently jailed on child porn charges has won an unfair dismissal case against his former employer, food company Nestle, notwithstanding “allegations that he had routinely harassed women in the workplace, and even attempted sabotage” by placing a sexual drawing into a box of the company’s products. [Herald-Sun]
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“A criminal who escapes officers by climbing on the roof of his house has been banned from every rooftop in his borough — in case he falls and sues police.” [Telegraph]
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Patsy Hamaker, who in 2007 had an alcohol-related one-car wreck on the way home from The Furnace (NSFW link, unless you work some place that approves of stripclub websites) and sued her employer over the accident, claiming that the club encouraged her to drink, won $100,000 from a Jefferson County, Alabama, jury, somewhat less than the $1.2 million she sought.
Hamaker, whose stage name was Tessa, went to work at The Furnace on Oct. 17, 2007. She drank enough that night for her blood-alcohol content level to rise to nearly three times the legal limit, was pulled by security from one of the VIP rooms, and then left after at least three attempts to stop her, according to testimony during the trial. Her car wrecked on the interstate, and she suffered a broken nose and back.
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The club’s records show a customer bought Hamaker one “dancer drink,” a commission drink or bottle ranging in price from $12 to $2,500. The club did not have a record of other drinks she may have [ordered on her own].
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Attorneys for the Furnace pointed out that dancers can specify their preference for non-alcoholic or diluted dancer drinks. And the club’s general manager, Jennifer Etheridge, testified that she does not want dancers getting intoxicated. Asked why, Etheridge said: “You try working with 30 drunk people.”
(Erin Stock, “Former stripper gets $100,000 in lawsuit: Blamed club for drunken wreck”, Birmingham News, Feb. 2) (h/t P.E.).
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