http://overlawyered.com Chronicling the high cost of our legal system Tue, 14 Feb 2012 18:22:52 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 http://overlawyered.com/2012/01/french-fans-sue-michael-jacksons-doctor-conrad-murray-over-emotional-damage/ http://overlawyered.com/2012/01/french-fans-sue-michael-jacksons-doctor-conrad-murray-over-emotional-damage/#comments Wed, 11 Jan 2012 12:18:34 +0000 Walter Olson http://overlawyered.com/?p=26759 Lawyer Emmanuel Ludot “is acting for around 100 fans who are members of an association that calls itself the ‘Michael Jackson Community.’ He said that while each fan could be awarded damages of up to 10,000 euros ($A12,400), they were seeking only a symbolic euro.” Jackson’s doctor was convicted of involuntary manslaughter following the singer’s death from an anesthetic overdose. [AFP]

Tags: emotional distress, France, music and musicians

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]]> http://overlawyered.com/2012/01/french-fans-sue-michael-jacksons-doctor-conrad-murray-over-emotional-damage/feed/ 4 http://overlawyered.com/2011/10/senior-sues-because-gum-stuck-to-dentures/ http://overlawyered.com/2011/10/senior-sues-because-gum-stuck-to-dentures/#comments Wed, 05 Oct 2011 14:20:42 +0000 Walter Olson http://overlawyered.com/?p=24936 Even as odd lawsuit stories go, this underexplained little account of a product liability claim in Canada stands out. Conceding that having to pick gum out of one’s dentures is not plausibly deserving of C$100,000, does the plaintiff at least deserve points for honesty in averring that her depression lasted only ten minutes? [Edmonton Sun]

Tags: Canada, eat drink and be merry, emotional distress

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]]> http://overlawyered.com/2011/10/senior-sues-because-gum-stuck-to-dentures/feed/ 2 http://overlawyered.com/2011/09/baby-mixup-does-not-support-claim-for-emotional-distress/ http://overlawyered.com/2011/09/baby-mixup-does-not-support-claim-for-emotional-distress/#comments Thu, 22 Sep 2011 05:17:29 +0000 Walter Olson http://overlawyered.com/?p=24717 Though given the wrong baby to nurse, a New York mother cannot recover cash for “extreme emotional pain,” the state’s highest court having declined review of her case. [Brooklyn Eagle via Scheuerman/TortsProf, earlier]

Tags: emotional distress, hospitals, NYC

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]]> http://overlawyered.com/2011/09/baby-mixup-does-not-support-claim-for-emotional-distress/feed/ 3 http://overlawyered.com/2011/07/bang-bang-not-actionable-behavior/ http://overlawyered.com/2011/07/bang-bang-not-actionable-behavior/#comments Sat, 16 Jul 2011 05:12:00 +0000 Walter Olson http://overlawyered.com/?p=23847 Per a Connecticut appeals court, looking at an employee and saying “Bang bang” does not, even when added to some other impolite conduct, rise to the level of “extreme and outrageous” behavior required to trigger a claim of intentional infliction of emotional distress [Daniel Schwartz]

Tags: Connecticut, emotional distress, workplace

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]]> http://overlawyered.com/2011/07/bang-bang-not-actionable-behavior/feed/ 1 http://overlawyered.com/2011/06/june-14-roundup-3/ http://overlawyered.com/2011/06/june-14-roundup-3/#comments Tue, 14 Jun 2011 15:29:29 +0000 Walter Olson http://overlawyered.com/?p=23394

Bizarrely overbroad: “Tennessee law bans posting images that ’cause emotional distress’” [Tim Lee, Ars Technica]

“Superlawyer Stanley Chesley Faces Reckoning Tuesday” [Dan Fisher, Forbes, Cincinnati Enquirer, reporter Jim Hannah, earlier]

More on record run-up in used car prices [Perry; my Cato take]

Winkler County, Texas nurses case illuminates evils of prosecution-as-weapon [Texas Observer via PoL; earlier here, here, and here]

Not a parody: claim that litigious celebs should be doing more to support Litigation Lobby [CJD]

“Feminism by Treaty: Why CEDAW is Still a Bad Idea” [Christina Sommers, Policy Review]

Why do agents of so many miscellaneous government agencies pack guns? [Quin Hillyer last year]

New idea for who to sue over sex scandals [Conan show lawyer ad parody, adult content]

Tags: autos, emotional distress, international human rights, Kentucky fen-phen settlement fraud, litigation lobby, online speech, Stan Chesley, Tennessee

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]]> http://overlawyered.com/2011/06/june-14-roundup-3/feed/ 1 http://overlawyered.com/2011/01/jilted-bride-sues-ex-groom/ http://overlawyered.com/2011/01/jilted-bride-sues-ex-groom/#comments Wed, 12 Jan 2011 14:50:31 +0000 Walter Olson http://overlawyered.com/?p=20927 Should the damages be confined to the unrecoverable costs of the planned wedding, or extend beyond that? [Today Show]

Tags: breach of promise to marry, damages, emotional distress

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]]> http://overlawyered.com/2011/01/jilted-bride-sues-ex-groom/feed/ 14 http://overlawyered.com/2010/09/woman-sues-airline-over-emergency-landing/ http://overlawyered.com/2010/09/woman-sues-airline-over-emergency-landing/#comments Wed, 22 Sep 2010 15:11:46 +0000 Walter Olson http://overlawyered.com/?p=19379 No physical injuries were reported at the time, but “passenger Jewel Thomas said she has suffered severe mental and emotional problems because of the incident on Sept. 22, 2008″ in which an American Airlines plane skidded off the runway onto grass. [AP/WFAA]

Tags: airlines, emotional distress

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]]> http://overlawyered.com/2010/09/woman-sues-airline-over-emergency-landing/feed/ 14 http://overlawyered.com/2010/08/seaworld-lawsuit-seeing-orca-attack-traumatized-our-kid/ http://overlawyered.com/2010/08/seaworld-lawsuit-seeing-orca-attack-traumatized-our-kid/#comments Fri, 27 Aug 2010 05:21:43 +0000 Walter Olson http://overlawyered.com/?p=19037 “A New Hampshire family who witnessed the Feb. 24 death of a killer-whale trainer at SeaWorld Orlando has sued the company in state court in Orlando, claiming their child was traumatized by the event.” [Orlando Sentinel]

Tags: amusement parks, emotional distress

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]]> http://overlawyered.com/2010/08/seaworld-lawsuit-seeing-orca-attack-traumatized-our-kid/feed/ 9 http://overlawyered.com/2010/07/ex-client-wins-7-3m-emotional-distress-award-against-law-firm/ http://overlawyered.com/2010/07/ex-client-wins-7-3m-emotional-distress-award-against-law-firm/#comments Fri, 30 Jul 2010 13:33:48 +0000 Walter Olson http://overlawyered.com/?p=18668 If law firms were asked to pay for all the emotional distress they inflict, there might never be an end to it. [ABA Journal]

Tags: emotional distress, lawyers

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]]> http://overlawyered.com/2010/07/ex-client-wins-7-3m-emotional-distress-award-against-law-firm/feed/ 2 http://overlawyered.com/2010/06/judge-no-emotional-distress-for-empire-state-jumper/ http://overlawyered.com/2010/06/judge-no-emotional-distress-for-empire-state-jumper/#comments Wed, 16 Jun 2010 10:39:48 +0000 Walter Olson http://overlawyered.com/?p=17846 “Preventing an individual from jumping off of the 86th floor of the Empire State Building is neither extreme nor outrageous,” wrote Judge Jane Solomon in disallowing the emotional-distress claim of Jeb Corliss, a daredevil jumper who had been prevented from jumping off the skyscraper in 2006. Solomon also found that the owners of the building had not defamed Corliss in legal papers when they called his stunt attempt “illegal.” (He was in fact convicted on misdemeanor charges.) The owners are suing Corliss for damages over the incident, which forced an hourlong shutdown of the observation deck. [AP]

Tags: emotional distress, NYC

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