- Very silly Common Cause suit against Senate filibuster [Adler, Doug Mataconis, Jack Shafer (Filibuster unconstitutional? "Yes, but only when the GOP has the majority.")]
- More on football concussion lawsuits [Will Oremus, Slate; Gerard Magliocca, Concurring Opinions; earlier]
- Phrase I’ve heard before: Niall Ferguson says U.S. beset by the “rule of lawyers” [Business Insider]
- “I have filed over a hundred lawsuits and another one will be no sweat for me. On the other hand, it will cost you a lot of time and money[.]” One blogger’s prolonged legal ordeal ["Aaron Worthing," Allergic2Bull and summary version] Plus: Ken/Popehat;
- Louisiana land-taint suits: “maybe I’m just going to contend the oil companies did it, not the salt domes” [Lachlan Markay, Heritage, earlier]
- Kansas differs from SCOTUS on legality of resale price maintenance. Will it make policy for the other 49 states? [Ted Frank] New Federalist Society project on state courts and how they’re picked;
- A lot of lobbying went into that government-prescribed “flame-resistant” furniture [Chicago Tribune]
Tagged as:
antitrust,
bloggers and the law,
CPSC,
fires,
football,
Kansas,
Louisiana,
oil industry,
serial litigants,
state high courts,
The Rule of Lawyers
Numerous lawsuits have been filed lately against football teams over players’ brain injuries. If the legal system handles these lawsuits in line with the principles it applies to other mass torts, organized football could either go away or be transformed into a very different game. The Chicago Tribune editorializes on the subject and quotes me.
Tagged as:
football
“…starts with liability suits.” As concussion suits mount, will broadcast networks and high school referees need to worry about being named as defendants along with team franchises, schools, helmet manufacturers and other more obvious defendants? [Tyler Cowen and Kevin Grier, Grantland, via Ilya Somin] More: Miller (“I think these cases are going nowhere.”)
Tagged as:
football,
sports
“Chapman High School, whose athletics teams have been known as the Fighting Irish since 1967, has been formally asked by the University of Notre Dame to change its leprechaun logo due to the college’s trademark on the image.” [Yardbarker]
Tagged as:
football,
trademarks
While a player “was having a catch with fans in the stands,” one of the fans had an inaccurate throw and injured a bystander. Clearly time to crack down on — if not ban entirely? — such playful throwing sessions. [Philadelphia Inquirer]
Tagged as:
football
Following a battle of the medical experts, a jury tells the UCF Athletics Association to pay $10 million in the death of a student player who “collapsed and died following offseason conditioning drills at the UCF football complex.” [Chicago Tribune]
Tagged as:
expert witnesses,
Florida,
football
“A former Indianapolis Colts cheerleader is suing the organization, claiming they discriminated against her when they fired her for posing in risqué photographs.” [Indianapolis Star]
Tagged as:
cheerleading,
football,
Indiana
“The U.S. Supreme Court refused to let a New York Jets fan sue the New England Patriots and coach Bill Belichick over the 2007 “spygate” videotaping scandal.” [Bloomberg, earlier]
Tagged as:
football
- Paper by Lester Brickman previews his much-anticipated new book Lawyer Barons [Mass Tort Lit, SSRN] More: Sheila Scheuerman, TortsProf.
- “A Players’ Class Action Against the NFL for Concussions?” [Russell Jackson]
- C’mon, DoJ, stop spreading domestic violence myths [Christina Hoff Sommers, USA Today]
- “Historians as Experts: A Plea for Help” [Bill Childs, TortsProf; related, Nathan Schachtman]
- Might not really work, though: “A call for aviation liability reform in South Dakota” [PoL]
- “Chevron Turns Tables on Ecuador Plaintiffs; Sues Them” [WSJ Law Blog, ShopFloor, more, yet more, NYLJ]
- Hedge funder plays race card against NYC’s famed Dakota co-op. How plausibly? [Business Insider]
- N.C. official: citizen who challenged road plans might be practicing engineering without a license [N&O]
Tagged as:
aviation,
Chevron,
domestic violence,
expert witnesses,
football,
Lester Brickman,
real estate,
South Dakota
The better to sue, it seems [Marcia McCormick/Workplace Prof]:
The NFL Players Association is seeking player approval to decertify in advance of a potential lockout by owners in March when the current collective bargaining agreement expires, according to the SportsBusiness Journal. Decertifying would allow players to sue the owners under antitrust laws if the owners did lock the players out. And any effort to impose a labor agreement on the players could provide the players with treble damages.
This was the tactic the players resorted to in 1989, and it eventually gave them enough leverage to establish free agency in 1993, when the players recertified the association as their exclusive representative.
Tagged as:
antitrust,
football,
labor unions
“Southern California coach Lane Kiffin says he was surprised by the lawsuit filed against him and USC by the Tennessee Titans after he hired away one of the NFL team’s assistant coaches.” [AP, more, via Miller]
Tagged as:
colleges and universities,
football
In addition to the main questions of proof of causation, assumption of risk, and so on raised in yesterday’s NYT story, there is this window into a little-known but well-developed area of forum-shopping:
…California’s workers’ compensation system provides a unique, and relatively unknown, haven for retired professional athletes among the 50 states, allowing hundreds of long-retired veterans each year to file claims for injuries sustained decades before. Players need not have played for California teams or be residents of the state; they had to participate in just one game in the state to be eligible to receive lifetime medical care for their injuries from the teams and their insurance carriers.
About 700 former N.F.L. players are pursuing cases in California, according to state records, with most of them in line to receive routine lump-sum settlements of about $100,000 to $200,000. This virtual assembly line has until now focused on orthopedic injuries, with torn shoulders and ravaged knees obvious casualties of the players’ former workplace. …
Because of the legal environment, the relatively new Arena Football League has avoided locating any of its teams in California.
P.S. Related Times piece on two California lawyers who have brought in “awards that probably total more than $100 million” for players. “Many retired players consider Owens and Mix heroes among their own for essentially finding cash under a mattress; others see an assembly-line process in which players do not fully understand the implications of the settlements.” And some teams have attempted to remove the proceedings to states other than California.
Tagged as:
California,
football,
forum shopping,
workers' compensation
