http://overlawyered.com Chronicling the high cost of our legal system Tue, 14 Feb 2012 11:28:52 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 http://overlawyered.com/2012/02/man-has-no-right-to-ex-girlfriends-lottery-winnings-judge-rules/ http://overlawyered.com/2012/02/man-has-no-right-to-ex-girlfriends-lottery-winnings-judge-rules/#comments Wed, 08 Feb 2012 14:50:42 +0000 Walter Olson http://overlawyered.com/?p=27453 “A Seminole County man who sued his ex-girlfriend for half of her $1 million Florida Lottery winnings went away empty-handed Tuesday, her attorney said.” [Orlando Sentinel]

Tags: Florida, lottery

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• Update: Florida Supreme Court rejects “false light” theory (0)

]]> http://overlawyered.com/2012/02/man-has-no-right-to-ex-girlfriends-lottery-winnings-judge-rules/feed/ 1 http://overlawyered.com/2012/02/hit-by-car-playing-hooky-mother-blames-school/ http://overlawyered.com/2012/02/hit-by-car-playing-hooky-mother-blames-school/#comments Wed, 01 Feb 2012 05:04:43 +0000 Walter Olson http://overlawyered.com/?p=27254 Having decided to cut classes, a 15-year-old student at Mitchell High School in New Port Richey, Fla. was fatally struck by a car one morning last year about a mile from school grounds. “Her mother says school officials could have prevented her death — and she’s pursuing legal action with the hope of changing their supervision and tardiness policies….The notice, drafted by Mamonoff’s attorney Stacy Kemp, offered to drop the matter and settle out of court for $1 million.” [St. Petersburg Times]

Tags: Florida, personal responsibility, schools

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]]> http://overlawyered.com/2012/02/hit-by-car-playing-hooky-mother-blames-school/feed/ 14 http://overlawyered.com/2012/01/by-reader-acclaim-dui-manslaughter-driver-sues-victim/ http://overlawyered.com/2012/01/by-reader-acclaim-dui-manslaughter-driver-sues-victim/#comments Wed, 18 Jan 2012 13:24:40 +0000 Walter Olson http://overlawyered.com/?p=26918 “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]

Tags: criminals who sue, Florida

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• “Burglar sues men who captured him, claims rough citizens arrest” (3)
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• Update: Florida suspends ticketing for speed-trap light-flashing (0)

]]> http://overlawyered.com/2012/01/by-reader-acclaim-dui-manslaughter-driver-sues-victim/feed/ 11 http://overlawyered.com/2012/01/january-15-roundup-3/ http://overlawyered.com/2012/01/january-15-roundup-3/#comments Sun, 15 Jan 2012 16:09:19 +0000 Walter Olson http://overlawyered.com/?p=26857

Self-referent notice required by law on Florida vending machines might baffle onlooker [Popehat] More from Lowering the Bar: “Please Report Me If I Am Missing. Thank You.”

Bryan Walsh at Time magazine happily spun by Chevron/Ecuador plaintiffs. Not so Roger Parloff at sister magazine Fortune;

Doubts re: foster mom’s conviction following youngster’s salt-poisoning death [Texas Monthly via Ted Frank; controversy over science behind "shaken-baby" cases] Charges against parents to move forward in Utah “co-sleeping” death case [ABA Journal]

In Philadelphia shooting case, lawsuits like bullets fly in every direction [Above the Law]

More on constitutionality of Obama recess appointments [Todd Gaziano/Heritage "Foundry", Mickey Kaus, Mike McConnell via Adler and more, earlier]

New site design at my old blog Point of Law;

Podcast: Prof. Mike McConnell on Hosanna-Tabor [Fed Soc, earlier] More: Bader. And shorter David Sessions/Daily Beast: since SCOTUS unanimously rejected Obama position on church liberty, critics were wrong to get so alarmed about that position. Makes sense to him…

Tags: Chevron, dramshop statutes, Florida, Philadelphia, Texas

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]]> http://overlawyered.com/2012/01/january-15-roundup-3/feed/ 1 http://overlawyered.com/2012/01/who-arranged-those-leniency-letters-anyway/ http://overlawyered.com/2012/01/who-arranged-those-leniency-letters-anyway/#comments Tue, 10 Jan 2012 05:44:15 +0000 Walter Olson http://overlawyered.com/?p=26756 Curious goings-on during the sentencing process of a Vero Beach, Fla. lawyer gone wrong. [Vero Beach News]

Tags: crime and punishment, don't, Florida

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]]> http://overlawyered.com/2012/01/who-arranged-those-leniency-letters-anyway/feed/ 2 http://overlawyered.com/2011/12/december-13-roundup-2/ http://overlawyered.com/2011/12/december-13-roundup-2/#comments Tue, 13 Dec 2011 05:43:41 +0000 Walter Olson http://overlawyered.com/?p=26078

“The real cost of patent trolls” [Brad Feld, PoL on BU study] Survey finds patent litigation booming [Corporate Counsel, Reynolds Holding/Reuters] Company claiming patent on wi-fi-in-stores unlikely to sue retail customers “at this stage” [Patent Examiner] Retrospective on crustless-sandwich case [Peter Smith/Good, earlier]

Louisiana federal court holds severe obesity to be disability under ADA [Sam Bagenstos, related]

Florida: many cops remain on job despite evidence linking them to crimes [Balko on Sarasota Herald-Tribune investigation]

“FDA Regulation Could Doom Cigar Shops” [Jacob Sullum]

Ted Frank vs. Brian Fitzpatrick on class action fees [PoL, David Lat on Federalist Society panel]

Orange County keeps mum about partnerships it’s entered with plaintiff’s attorneys Robinson, Calcagnie and Thomas Girardi [Kim Stone, Fox & Hounds] Maybe like “private attorney generals”? Fannie/Freddie genre of government-sponsored enterprises called “monstrous moral hybrids” [Mark Calabria, Cato]

Posner: lawyers appeared more likely to run junk-fax suit for own interests than clients’ [Beck, Trask (Creative Montessori Learning Centers v. Ashford Gear LLC)]

Tags: class actions, Florida, Los Angeles, obesity, patent litigation, patent trolls, police, public employment, tobacco

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• Annals of public employee tenure, cont’d (3)
• Who’s suing whom in the mobile business (3)

]]> http://overlawyered.com/2011/12/december-13-roundup-2/feed/ 2 http://overlawyered.com/2011/12/december-7-roundup-4/ http://overlawyered.com/2011/12/december-7-roundup-4/#comments Wed, 07 Dec 2011 05:21:44 +0000 Walter Olson http://overlawyered.com/?p=25872

Debate on medical malpractice between Ted Frank (Manhattan Institute) and Shirley Svorny (Cato Institute) [PoL]

Lawyers, accountants have done well from litigation-ridden Pearlman Ponzi aftermath [Orlando Sentinel]

Book drop “inherently dangerous”, says rape victim’s family suing library designers [Florida, LISNews]

“The iTunes Class Action Lawsuit You’ll Never Hear About”[NJLRA] “Jackson v. Unocal – Class Actions Find a Welcome Home in Colorado” [Karlsgodt]

Another tot accused of sexual harassment, this time a first grader [Boston Herald, earlier (six year old's "assault")]

Profile of lawyer who defends fair use of clips for documentary makers [ABA Journal]

Tags: Apple, bankruptcy, Florida, harassment law, medical malpractice, movies film and videos

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]]> http://overlawyered.com/2011/12/december-7-roundup-4/feed/ 3 http://overlawyered.com/2011/10/october-28-roundup-2/ http://overlawyered.com/2011/10/october-28-roundup-2/#comments Fri, 28 Oct 2011 05:32:57 +0000 Walter Olson http://overlawyered.com/?p=24992

Self-parody watch: Rep. Rosa DeLauro (D-Ct.) wants federal program to dispense free diapers [Fox News]

Trial-lawyer-friendly Florida Supreme Court could strike down state’s 2003 malpractice limits [Orlando Business Journal]

Don’t forget to thank Wal-Mart lobbyists for that debit fee charge [Mark Perry]

“Should insurers [be compelled by law to] pay for eating disorders?” [NYT "Room for Debate"]

Texas man drops suit against former fiancee [Above the Law]

“$75,000 Settlement for Muslim Teacher Denied 19 Days’ Unpaid Leave for Hajj (Pilgrimage to Mecca)” [Volokh]

Epidemiology for hire: “The Texas Sharpshooter Goes Free Range” [David Oliver]

Tags: expert witnesses, Florida, medical malpractice, nanny state, religious discrimination, Wal-Mart

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]]> http://overlawyered.com/2011/10/october-28-roundup-2/feed/ 3 http://overlawyered.com/2011/10/medical-roundup/ http://overlawyered.com/2011/10/medical-roundup/#comments Thu, 20 Oct 2011 13:57:05 +0000 Walter Olson http://overlawyered.com/?p=25038

View from Massachusetts General Hospital: drug shortages getting “dire” [WBUR, earlier here, here, here, etc.]

Medical liability roundup: Sheriff arrives at Ohio doctor’s home to enforce $9.7 million award blaming lack of Caesarean section for cerebral palsy [TribToday] North Carolina legislature overrides Gov. Beverly Perdue’s veto of liability limits [News & Observer via White Coat] Trial-lawyer-friendly Florida Supreme Court could strike down malpractice award limits in pending case [Orlando Business Journal]

“Antitrust rules handcuff physician-led delivery models” [American Medical News]

Relatedly, who was it who imagined anonymous denunciation of doctors was going to be a good idea? [Jay Hopkinson via Larry Ribstein]

New Medicare paperwork threat to clinical trials? [Beck]

Study: Elected coroners less likely to label deaths as suicide than appointed counterparts, family’s access to insurance benefits may be factor [Kevin B. O'Reilly, American Medical News]

“Gee, why wouldn’t Obama administration want judges and “public interest” lawyers running its new health care law?” [Mickey Kaus on New Republic report]

Tags: antitrust, Florida, insurance, medical, Medicare, North Carolina, obstetrics

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]]> http://overlawyered.com/2011/10/medical-roundup/feed/ 1 http://overlawyered.com/2011/09/before-hiring-a-criminal-defense-lawyer/ http://overlawyered.com/2011/09/before-hiring-a-criminal-defense-lawyer/#comments Wed, 28 Sep 2011 13:16:50 +0000 Walter Olson http://overlawyered.com/?p=24818 …consider this cautionary tale [Brian Tannebaum].

Tags: defense lawyers, ethics, feeing frenzy, Florida, lawyers

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