August 7th, 2008 at 1:12 am
- Speech tribunal in
Alberta, Canada, acquits Ezra Levant over publication of Mohammed cartoons, and it only cost him C$100,000* [National Post, his site, Daimnation]
- Must not cover John Edwards-Rielle Hunter story … must not cover John Edwards-Rielle Hunter story … oh darn!
- U.K. version of a story we’ve seen stateside: noise restrictions threaten roving musical ice cream trucks [Telegraph, Times Online, earlier from NYC]
- “Lawyer Who Says She Was Chastised for Not Being Sweet Is Allowed to Sue” [ABA Journal]
- More thoughts about “going on disability” [White Coat Rants]
- Willie Gary perhaps less than gallant (though undeniably hard-hitting) in countering woman’s claim of sexual assault [WPTV, ABA Journal, Ambrogi]
- Arguing against release, federal prosecutors say millions in assets of two Kentucky fen-phen defendants can’t be traced [Lexington Herald Leader]
- Virginia restaurantgoers looking forward to sangria on sultry evenings [Lindsay Nair, Roanoke Times]
- “It’s true that [veep-buzzed Sen. Bayh] sided with Republicans on tort reform … but do Democrats really want to be the kind of party that makes litmus tests out of those issues?” [Patashnik, TNR "Plank"]
- Third Circuit strikes down ban on “depiction of animal cruelty” as unconstitutional, protecting both bullfight travelogues and those bizarro-fetish “crush videos” [Volokh, our 1999 report]
- Sen. Lieberman brought an outspoken pro-legal-reform voice to the Democratic ticket [eight years ago on Overlawyered]
*Levant can recover nothing from his tormentors because the so-called human rights tribunals are given a special dispensation from the normally prevailing Canadian rule of loser-pays.
In free speech in Canada; John Edwards; Kentucky fen-phen settlement fraud; loser pays; politics; Rielle Hunter; Virginia; Willie Gary
August 3rd, 2008 at 6:56 am
Canada’s speech-tribunal censorship, writ large? “A coalition of Islamic states is using the United Nations to enact international ‘anti-defamation’ rules”. Among entities to protected from such “defaming”: religions.
Susan Bunn Livingstone, a former U.S. State Department official who specialized in human rights issues and also spoke to the July 18 congressional gathering, said the developments at the UN are worrisome. “They are trying to internationalize the concept of blasphemy,” said Livingstone at the panel. She contrasted “the concept of injuring feelings versus what is actually happening on the ground — torture, imprisonment, abuse.” And, she added, “They are using this discourse of ‘defamation’ to carve out any attention we would bring to a country. Abstractions like states and ideologies and religions are seen as more important than individuals. This is a moral failure.”
The fact that the resolutions keep passing, and that UN officials now monitor countries’ compliance, could help the concept of “defamation of religions” become an international legal norm, said Livingstone, noting that when the International Court of Justice at The Hague decides what rises to the level of an “international customary law,” it looks not to unanimity among countries but to “general adherence.” “That’s why these UN resolutions are so troubling,” she said. “They’ve been passed for 10 years.”
(Luisa Ch. Savage, Maclean’s, Jul. 23, via Rick Sincere). More from the author at her Maclean’s blog, with hundreds of reader comments, and from Somin @ Volokh.
In free speech; free speech in Canada; religious discrimination; United Nations
June 13th, 2008 at 10:19 am
- High school graduation got rained out in Gilbert, Ariz., and a dad wants $400 from the school district for that [Arizona Republic]
- Happens all the time in one-way fee shift awards, but still worth noting: lawyer in police-misconduct case “billed 22 hours at $480 an hour — a total of $10,560 — just to figure out how much his fees are going to be” [Seattle Times]
- We get to decide and that’s that: New York judge orders that salaries of New York judges including his own be raised [PoL, Bader] Also at Point of Law: white-shoe Clifford Chance throws a party for New York lefties, should anyone be surprised? outsourcing of interrogation to profit-minded private contractors is bad when it’s Blackwater, good when it’s Motley Rice; tax break for trial lawyers said to be blocked for now.
- One firefighter killed in Boston restaurant blaze had sky-high .27 blood alcohol level, the other traces of cocaine, which probably won’t impede the inevitable lawsuit against the restaurant and other defendants [Globe, background]
- Writing again on U.S. exceptionalism, Adam Liptak contrasts our First Amendment with Canadian speech trials; James Taranto thinks he’s siding with the Canadians, but the piece looks pretty balanced to me [NYTimes, WSJ Best of the Web]
- Milberg said to be on verge of deferred prosecution agreement deal with feds involving $75 million payment and admissions of wrongdoing [NLJ]
- Courts in Australian state of Victoria, emulating a model tried in Canada, will resort more to mediation of intractable disputes [Victoria AG Rob Hulls/Melbourne Age]
- Great moments in international human rights: KGB spy on the lam sues British government for confiscating royalties he was hoping to make from his autobiography [five years ago on Overlawyered]
In Arizona; Australia; Boston; firefighters; free speech in Canada; international law; judges; loser pays; Milberg Weiss; New York state; restaurants; schools
June 10th, 2008 at 12:02 am
All-free-speech edition:
- Christiansburg, Va. land developer Roger Woody sues local bloggers and two other critics for more than $10 million for speaking ill of big dirt pile on one of his properties [Roanoke Times, editorial; more on Woody's dealings]
- Lots of developments on free speech in Canada: trial begins in Vancouver in complaint against Mark Steyn and Maclean’s over book excerpt critical of Islam [his site]; after defending speech-restricting network of human rights tribunals, Conservative government in Ottawa now says it will take another look [Ezra Levant, with much other coverage including favorable nods from Toronto literati]; Alberta tribunal orders conservative pastor to “cease publishing in newspapers, by email, on the radio, in public speeches, or on the Internet, in future, disparaging remarks about gays and homosexuals.” [Levant; Calgary Herald; Gilles Marchildon, Egale.ca] (more, Eugene Volokh)
- Brief filed for Kathleen Seidel in her resistance of abusive subpoena, with assistance of Public Citizen [her site, theirs, and our comment section]; Seidel is among autism bloggers profiled in NY mag [w/pic]; profile of thriving Boston “vaccine injury” law firm” Conway Homer & Chin-Caplan [NLJ; Seidel's critical comments on that firm]
- Views critical of religion unlawful unless expressed in respectful and non-scoffing way? Lots of precedent for that approach, unfortunately [Volokh on Comstock]
- Score one for fair use: judge denies Yoko Ono preliminary injunction against creationist film’s use of 15 seconds of John Lennon’s “Imagine” in context implicitly criticizing song’s point of view [Hollywood Reporter, WSJ law blog, Timothy Lee/Ars Technica]
In bloggers and the law; bullying businesses; copyright; free speech; free speech in Canada; hate speech; Kathleen Seidel subpoena; Mark Steyn; music and musicians; vaccine; Virginia
May 12th, 2008 at 12:06 am
- Canada free speech: Islamic group files complaint against Halifax newspaper over cartoon of burka-wearing terror fan; two more libel suits aimed at online conservative voices; growing furor over complaint against Steyn/Macleans [National Post]
- More than 5,000 students committed crimes last year in Philadelphia schools, but none were expelled — consent decrees tying system’s hands are one reason [Inquirer]
- U.K.: Man threatened with legal action for flying pirate flag as part of daughter’s birthday party [Guardian]
- Bankruptcy judge doesn’t plan to accept at face value Countrywide’s claim that it generated false escrow documents by mistake in foreclosure [WSJ, WSJ law blog]
- Amid bipartisan calls to step down, Ohio AG Marc Dann [Apr. 19, May 6] hires an opposition researcher [Adler @ Volokh] on top of Washington lobbyist [Legal NewsLine], after being rebuked by judge for political suit [Dispatch]. And where’s that ethics form on the Chesley flight? [Dayton Daily News]
- Missouri med-mal claims fall sharply after legislated damages curb [Springfield News-Leader]
- More on Dartmouth prof Priya Venkatesan, the one who wants to sue her students — as suspected, she’s a devotee of deconstructionist Science Studies [Allen/MtC; earlier]
- Covert plan to sabotage Chinese economy? [Wilson Center event]
- What, never? Well, hardly ever: Docs continue to assail notion that various complications such as patient delirium, clostridium difficile infection, iatrogenic pneumothorax, etc. — not to mention falls — are “never events” [KevinMD various posts; earlier]
- Mich. high court agrees anti-gay-marriage amendment bars municipal health benefits for domestic partners, just what key proponents had claimed it wouldn’t do [Rauch @ IGF, Carpenter @ Volokh, earlier]
- Private service rates the safety of charter air providers — but can it afford the cost of being sued after giving a bad rating? [Three years ago on Overlawyered]
In bankruptcy; Countrywide; Dartmouth; domestic partners; free speech; free speech in Canada; hospitals; libel slander and defamation; Marc Dann; Mark Steyn; Missouri; never events; Ohio; Philadelphia; Priya Venkatesan; regulation through litigation; roundups; school discipline; Stan Chesley; tort reform
April 29th, 2008 at 12:03 am
- “Dog owners in Switzerland will have to pass a test to prove they can control and care for their animal, or risk losing it, the Swiss government said yesterday.” [Daily Telegraph]
- 72-year-old mom visits daughter’s Southport, Ct. home, falls down stairs searching for bathroom at night, sues daughter for lack of night light, law firm boasts of her $2.475 million win on its website [Casper & deToledo, scroll to "Jeremy C. Virgil"]
- Can’t possibly be right: “Every American enjoys a constitutional right to sue any other American in a West Virginia court” [W.V. Record]
- Video contest for best spoof personal injury attorney ads [Sick of Lawsuits; YouTube]
- Good profile of Kathleen Seidel, courageous blogger nemesis of autism/vaccine litigation [Concord Monitor*, Orac]. Plus: all three White House hopefuls now pander to anti-vaxers, Dems having matched McCain [Orac]
- One dollar for every defamed Chinese person amounts to a mighty big lawsuit demand against CNN anchor Jack Cafferty [NYDN link now dead; Independent (U.K.)]
- Hapless Ben Stein whipped up one side of the street [Salmon on financial regulation] and down the other [Derbyshire on creationism]
- If only Weimar Germany had Canada-style hate-speech laws to prevent the rise of — wait, you mean they did? [Steyn/Maclean's] Plus: unlawful in Alberta to expose a person to contempt based on his “source of income” [Levant quoting sec. 3 (1)(b) of Human Rights Law]
- Hey, these coupon settlements are giving all of us class action lawyers a bad name [Leviant/The Complex Litigator]
- Because patent law is bad enough all by itself? D.C. Circuit tosses out FTC’s antitrust ruling against Rambus [GrokLaw; earlier]
- “The fell attorney prowls for prey” — who wrote that line, and about which city? [four years ago on Overlawyered]
*Okay, one flaw in the profile: If Prof. Irving Gottesman compares Seidel to Erin Brockovich he probably doesn’t know much about Brockovich.
In antitrust; asbestos; autism; Barack Obama; Ben Stein; coupon settlements; Erin Brockovich; forum shopping; free speech in Canada; Germany; hate speech; jackpot justice; John McCain; Kathleen Seidel subpoena; libel slander and defamation; Mark Steyn; nanny state; parody; Rambus; roundups; Switzerland; vaccines; West Virginia
April 10th, 2008 at 12:02 am
We told you it was dangerous to criticize Ottawa lawyer and “human rights” commission enthusiast Richard Warman, and we were right: he’s now sued four leading conservative bloggers in Canada and one website, Ezra Levant, Jonathan Kay/National Post, Kate McMillan/Small Dead Animals, Kathy Shaidle/Five Feet of Fury, and Free Dominion. Lawsuit target Ezra Levant has details, as does Michelle Malkin, not yet a target perhaps because she is American.
In related news, the Ontario Human Rights Commission has decided not to pursue a complaint against Maclean’s, the country’s best-known magazine, for publishing a book excerpt by well-known writer Mark Steyn. (Press release via Small Dead Animals, SteynOnline).
In bloggers and the law; Canada; free speech; free speech in Canada; Mark Steyn; Richard Warman
March 25th, 2008 at 12:04 am
- Speaking of patients who act against medical advice and sue anyway: doctor who advised against home birth is cleared by Ohio jury in $13 million suit [Plain Dealer and earlier via KevinMD]
- UK: “A feud over a 4ft-wide strip of land has seen neighbours rack up £300,000 in lawyers’ bills, and left one family effectively homeless.” [Telegraph]
- Last of the Scruggs judicial bribery defendants without a plea deal, Dickie’s son Zack, takes one [Folo]
- By reader acclaim: securities trader sues over injury from lap dancer’s attentions [AP/NY Sun]
- Amid the talk of FISA and retroactive telecom immunity, it would be nice to hear more about the actual lawsuits [Obbie]
- Australian worker loses suit over firing despite a doctor’s note vouching that stress of worrying about upcoming football game made it medically necessary for him to take day off to go see it [Stumblng Tumblr]
- Megan McArdle and Tyler Cowen toss around the question of federal FDA pre-emption of drug liability suits, as raised by Medtronic;
- Should Coughlin Stoia have bought those stolen Coke documents? For one lawprof, question’s a real head-scratcher [David McGowan (San Diego), Legal Ethics Forum] And WSJ news side is oddly unskeptical of trial lawyers’ line that the affair just proves their power to go on fishing expeditions should never have been curtailed [Jones/Slater]
- Dashboard-cam caught Tennessee cops red-handed planting marijuana on suspect, or so Jonathan Turley suggests — but could it be a little more complicated than that? [WSMV, AP/WATE] (& Greenfield)
- “Heck Baptists don’t even sue you for disagreeing with them,” though no doubt there are exceptions [Instapundit; NYT on Danish cartoons; Ezra Levant with more on those Canadian speech tribunals]
- Bestselling authors who sue their critics [four years ago on Overlawyered]
In Australia; Canada; Cleveland; Coca-Cola; Coughlin Stoia; Danish cartoons; Dickie Scruggs; FISA; fishing expeditions; free speech in Canada; Ohio; preemption; roundups; San Diego; strippers and exotic dancers; telecom immunity; Tennessee; United Kingdom; Zack Scruggs
March 4th, 2008 at 12:05 am
- Judge allows lawsuit to go forward as class action claiming consumers defrauded because gasoline expands in summer heat and so there’s less in a “gallon” [KC Star, TodaysTrucking.com; earlier at PoL]
- Online speech: when a lawprof says it silences someone not to let them sue for defamation, it’s time to check definitions [Reynolds, Bainbridge, Volokh]
- Should a law school invite Lerach of all people to teach legal ethics? [Massey/Faculty Lounge; earlier] Plus: Congress should investigate how widespread Lerach-style abuses were at other law firms [Columbus Dispatch editorial]
- Usually no one gets hurt when a physician dodges having to deal with a litigious patient, but then there are those emergencies [Brain Blogger]
- A lesson for Canada: judged by results in places like Kansas, the American approach to hate speech (i.e., not banning it) seems to work pretty well [Gardner/Ottawa Citizen]
- “Way way too egocentric”: a marketing expert’s critique of injury law firm websites [Rotbart/LFOMA via ABA Journal]
- More students are winding up in court after parodying their teachers on the Internet [Christian Science Monitor]
- Money in the air? It happens the quiet little Alaskan Native village suing over global warming is being represented by some lawyers involved in the great tobacco heist [NY Times]
- Ninth Circuit panel hands Navy partial defeat in enviro whale sonar suit; ditto federal court in Hawaii [Examiner; earlier]
- Le Canard Noir “Quackometer” flays pseudo-science, some of its targets complain to ISP which then yanks the site: “We do not wish to be in a position where we could be taken to court” [Orac; earlier]
- Hans Bader guestblogged at Point of Law last week, on such subjects as: courts that decide punishment before damages; presumed guilty of child abuse? inconsistent straight/gay treatment in sexual harassment law; and signs that today’s Supreme Court doesn’t exactly show a pro-business bias in discrimination cases.
In Alaska; Bill Lerach; free speech in Canada; Hawaii; Kivalina; libel slander and defamation; Milberg Weiss; Navy sonar; oil industry; roundups; tobacco
February 14th, 2008 at 1:26 am
- Examiner newspaper begins series on how Milberg Weiss used nonprofit foundation to project its clout among judges, academics, influentials [Institute for Law & Economic Policy, three-parter]
- Judge Canute, or just reporter’s awkward wording? Australian jurist with great eyeglasses bans screening of TV drama in state of Victoria; “Under the order, all internet material relating to the series is also banned.” [Herald Sun] (More explanation on the court order: The Australian).
- Times Square’s Naked Cowboy sues over M & M candy ad playing off his image [NY Post]
- Bite mark testimony makes another chapter in catalogue of dubious prosecutorial forensics [Folo's NMC on two Mississippi Innocence Project cases]
- Update: Pennsylvania court upholds disputed fees in Kia-brake class action [Legal Intelligencer; earlier]
- Best not take McCain too literally when he says he’d demand that judicial nominees have a proven record on Constitutional interpretation [Beldar]
- Expert witness coaching …. by the Royal Society for the Prevention of Cruelty to Animals? [Nordberg; earlier]
- For some reason many Boston residents feel menaced by city’s plan for police to go door to door asking “voluntary,” “friendly” permission to search premises for guns [Globe]
- Lots and lots of publications print Mohammed cartoon in solidarity with
Danish cartoonist and assassination-plot target Kurt Westergaard [CNN; Malkin]
- Calgary Muslim leader withdraws official complaint against Ezra Levant over his publication of Mohammed cartoons [National Post; earlier]
- Steyn, relatedly: critics dragging my book before Canadian tribunals wish not to “start a debate”, but to cut one off [National Post]
In Australia; Danish cartoons; Europe; expert witnesses; free speech in Canada; Massachusetts; Milberg Weiss; Mississippi; Pennsylvania; roundups
January 22nd, 2008 at 1:09 am
- “Woman who ‘lost count after drinking 14 vodkas’ awarded £7,000 over New Year fall from bridge” [The Scotsman]
- Bar committee recommends disbarment for Beverly Hills lawyer who “played the courts like a bully in a child’s game of dodgeball” [Blogonaut (with response by attorney) via ABA Journal]
- Shot and paralyzed in parking lot of South Florida strip club, cared for back home in Tunisia, Sami Barrak is now $26 million richer by way of his negligent-security suit [Sun-Sentinel] Earlier Florida negligent-security here, here, and here.
- Canadian government orders airlines to stop charging the severely obese the price of a second seat [Winnipeg Free Press; earlier]
- Study of head-injury victims in Spain finds “nearly half of the people who go to court feign psycho-cognitive disorders with the objective of profiting from this in some way.” [Science Daily]
- Federal judge vacates $1.75 million verdict, questions reliability of expert testimony in Nebraska recovered-memory sex abuse case [Lincoln Journal-Star, AP/Sioux City Journal]
- Confess your thoughts, citizen: Ezra Levant on his interrogation by official panel in Canada for publishing Mohammed cartoons [Globe & Mail; earlier]
- Class-action lawyers continue to hop on glitches with Xbox Live, Halo 3 and related Microsoft gaming systems [Ars Technica, News.com; earlier here and here]
- Bay Area proposal to ban much burning of wood in fireplaces and stoves (Nov. 30, etc.) draws strong reactions both ways [SF Chronicle]
- Harder to get into Ringling Bros.’s Clown College than law school, says man who attended both [six years ago on Overlawyered]
P.S. Whoops, that’s what I get for posting while drowsy: earlier roundups by Ted already had the
Scottish-tippler and
obese-flyer items.
In Bay Area; Canada; Danish cartoons; free speech in Canada; Nebraska; roundups; Spain
January 13th, 2008 at 9:49 am
Updates:
- The Canadian Transportation Agency (as part of its regulation of airline ticket prices) has ruled that obese passengers are entitled to have two airline seats for the price of one, which will no doubt encourage further suits against the American practice. (h/t Rohan) One looks forward to the Canadian lawsuits complaining that an obese passenger wasn’t adjudged obese enough to get a free second seat. [Australian; Toronto Star; Gunter @ National Post; earlier on Overlawyered]
- Also in Canada, Ezra Levant defends his free speech rights against a misnamed Alberta “Human Rights Commission” over his republication of the Danish Muhammed cartoons. [Frum; National Post; Steyn @ Corner; Wise Law Blog; Youtube; related on Overlawyered]
- Alleged car-keying attorney “Grodner is now under investigation by the state’s Attorney Registration and Disciplinary Commission, sources said. Commission officials declined to comment Thursday.” [Chicago Tribune; Jan. 4]
- “Life is short—get a divorce” attorney Corri Fetman parlays her tasteless billboard (May 10; May 8) into tasteless Playboy topless-modeling and advice-column gig. In the words of Alfred E. Neuman, “Blech.” On multiple and independent grounds. Surprisingly, Above the Law avoids the snark of noting that the lead paragraph of Fetman’s law firm web site bio includes a prestigious 23-year-old quote from a college professor’s recommendation for law school. [Above the Law; Chicago Sun-Times; Elefant]
- Wesley Snipes (Jun. 11; Nov. 2006) appears to be going for a Cheek defense in his tax-evasion trial—which is hard to do when you’re a multimillionaire whose well-paid accountants explicitly tell you you’re violating the law. (Remember what I said about magical incantations and taxes?) [Tampa Tribune; Quatloos]
- Accountant Mark Maughan loses his search-engines-make-me-look-bad lawsuit (Mar. 2004) against Google, which even got Rule 11 sanctions. (That happened in 2006. Sorry for the delay.) More on Google and privacy: Jan. 16. [Searchenginewatch]
- Bribed Mississippi judges in Paul Minor case (Sep. 8 and much more coverage) report to prison. [AP]
In airlines; Australia; Canada; chasing clients; Corri Fetman; divorce; free speech; free speech in Canada; Google; Mississippi; obesity; Paul Minor; tax protestors; Wesley Snipes
January 3rd, 2008 at 12:40 am
- Surely not something 007 would do: judge reproaches Sean Connery and opponent neighbor over “slash-and-burn” litigation tactics in long-running townhouse dispute [NYLJ, NYTimes]
- Famed attorney Mark Geragos, suing San Francisco Zoo on behalf of tiger maulees, will wield the law like David’s mighty slingshot, or maybe that allusion is better avoided [AP/KPIX, Mercury-News, SFist]
- Clients, lawyers who formerly worked for it have many complaints ethical and otherwise about heavy-advertising San Diego law firm Pacific Law Center [Union-Tribune via San Diego Injury Board]
- Who knew the demanding workload of law students and federal-judge clerks left any time for (allegedly) tying up, robbing and torturing boyfriends? [Reynolds; Lat]
- The Scruggs et al prosecution continues to evolve and develop, but at present we haven’t much to add to the energetic threesome of sites that have been leading the news hunt [Rossmiller, Lotus/Folo, YallPolitics]
- UK man wrongly accused of rape will get public compensation, but minus a fee for bed and board at the prison [Daily Mail]
- Under Louisville’s new smoking ban, business owners are required to call cops if customers refuse to stop smoking inside [Catallaxy]
- Garry Wise takes issue with our comments on free speech in Canada, but we may be talking past each other since we never got to the question whether the proper fix is a motion by columnist Steyn to quash the dangerous inquiry [Wise law blog]
- Injury suits filed against little kids? “It does happen.” More on the Scott Swimm ski-collision case [L.A. Times/Chicago Tribune; earlier]
- Hope he’ll reconsider: David Giacalone says he’s weary of the legal-ethics beat he’s covered so well, and intends to leave it behind [f/k/a]
In Dickie Scruggs; free speech in Canada; roundups; San Diego
December 18th, 2007 at 12:50 am
- “Of all the body parts to Xerox!” Another round of stories on efforts to reduce liabilities from office holiday parties [ABA Journal, Above the Law, and relatedly Megan McArdle]
- New edition of Tillinghast/Towers Perrin study on insurance costs of liability system finds they went down last year, which doesn’t happen often [2007 update, PDF]
- Vermont student sues Burger King over indelicate object found in his sandwich; one wonders whether he’s ruled out it being a latex finger cot, sometimes used by bakery workers [AP/FoxNews.com]
- Good discussions of “human rights commission” complaints against columnist Mark Steyn in Canada [Volokh, David Warren and again @ RCP, Dan Gardner; for a contrasting view, see Wise Law Blog]
- Having trousered $60-odd million in fees suing Microsoft in Minnesota and Iowa antitrust cases, Zelle Hofmann now upset after judge says $4 million in fees should suffice for Wisconsin me-too action [Star-Tribune, PheistyBlog]
- Australian rail operator will appeal order to pay $A600,000 to man who illegally jumped tracks, spat at ticket inspectors, hurt himself fleeing when detained [Herald Sun]
- Lawyers’ fees in Kia brake class action (Oct. 29, Oct. 30) defended by judge who assails honesty of chief defense witness [Legal Intelligencer]
- Who deserves credit for founding Facebook? Question is headed for court [02138 mag]
- Yes, jury verdicts do sometimes bankrupt defendants, as did this $8 million class action award against a Kansas City car dealer [KC Star, KC Business Journal]
- Dispute over Burt Neuborne’s Holocaust fees is finally over, he’ll get $3.1 million [NY Sun]
- So long as we’re only fifty votes behind in the race for this “best general legal blog” honor, we’re going to keep nagging you to vote for Overlawyered [if you haven't already]
In antitrust; Australia; Facebook; free speech in Canada; Iowa; Mark Steyn; Minnesota; roundups; Tillinghast; Vermont; Wisconsin
December 10th, 2007 at 12:02 am
- Joe Nocera’s recent column on the Vioxx settlement infuriated loyalists of the plaintiff’s bar, and they won’t like his new one on lead paint litigation much better [NY Times]
- Trial of Overlawyered favorite Jack Thompson over ethical charges leveled by Florida bar wraps up, but judge won’t rule right away [GamePolitics earlier, more recent posts]
- Two joggers hit by driver alongside Pacific Coast Highway will share $49 million from city of Dana Point — allegedly the bike lane was too wide — so now here come the concrete barriers [LA Times]
- Do makers of anti-PC documentary “Indoctrinate U.” owe cash to Indiana U. for infringing on its logo? [Maloney, OpinionJournal, Coleman] Update Dec. 11: settled.
- Casselberry, Fla. cop who sued parents after boy’s near-drowning in pool has now lost her job following public outcry over the incident [Orlando Sentinel; earlier]
- Lawyer who says he was defamed by commenters on DontDateHimGirl.com is back in court [Pittsburgh Post-Gazette, Ambrogi, On Point; earlier here, here, etc.]
- Outspoken blog of BU prof Dr. Michael Siegel ticks off “tobacco control” activists [Beam, Globe]
- Warning label alert: old Sesame Street episodes unsafe for children? [Stier, Wash. Times]
- Furor mounts in and out of Canada over “human rights” complaint against Maclean’s over Mark Steyn book excerpt [Wente, Globe and Mail; Eteraz, UK Guardian; Steyn, NRO; Kimball]
- Judge rejects lawsuit by animal rights group challenging UCSF animal testing [SF Chronicle]
- New at Point of Law: How do all those big cases wind up in Judge Jack Weinstein’s court, anyway?; latest Richard Epstein podcast is on antitrust, Microsoft, AT&T, etc.; abuse of the Family and Medical Leave Act; welcome new contributor Marie Gryphon; Yale Law clinic sues Yale-New Haven Hospital; bar official dismisses concerns about cy pres slush funds; breastfeeding accommodation on the job, via lawsuit?; just what New York needs, a new state law school at Binghamton; and much more.
In animal rights; antitrust; cy pres; firefighters rule; free speech in Canada; hospitals; Indiana; Jack Thompson; Jack Weinstein; lead paint; libel slander and defamation; Mark Steyn; Pittsburgh; Richard Epstein; roundups; tobacco
December 1st, 2007 at 12:15 am
Reminding us once again that our neighbor to the north lacks a First Amendment-strength guarantee of free speech, and stands in very great need of one: Canada’s largest non-profit Islamic body, the Canadian Islamic Congress, has launched human rights complaints against the prominent magazine Maclean’s and its editor-in-chief over a book excerpt from Mark Steyn, the well-known conservative columnist. “Complaints were submitted to Human Rights Commissions in B.C. and Ontario on the grounds that ‘the article subjects Canadian Muslims to hatred and contempt,’ according to a CIC press release. In the release, the CIC labels Steyn’s article as ‘flagrantly Islamophobic.’” (Kate Lunau, “Canadian Islamic Congress launches human rights complaints against Maclean’s”, Maclean’s, Nov. 30)(& welcome visitors from Steyn’s own SteynOnline).
In Canada; free speech; free speech in Canada; Mark Steyn
November 27th, 2007 at 12:12 am
A hearing officer has recommended a reprimand for Boston judge and libel-suit winner Ernest B. Murphy over those “fascinatingly repellent” letters he sent to the publisher of the Boston Herald demanding a settlement of what proved a winning $2 million libel suit (Jessica Van Sack, “Public reprimand urged for Judge Murphy”, Boston Herald, Nov. 21; see Sept. 28, etc.). The operators of the Irish Pub & Inn in Atlantic City, New Jersey are suing the publishers of Philly magazine over their description of the tavern as a “dive bar”, and aren’t buying the magazine’s claim that the description was intended as complimentary. (Michael Klein, Philadelphia Inquirer “Inqlings”, Nov. 18). And a New York lower court judge has declined to order Google/Blogspot to divulge the identity of “Orthomom”, whom a Lawrence, N.Y. school board member had sought to sue on the theory that it was defamatory to have termed her a “bigot”. (Nicole Black, Nov. 18, with links to other blog coverage).
More: And Eugene Volokh (Nov. 27) posts today on a disturbing case from Canada in which a lawyer involved in the shutting down of “hate speech” websites proceeded to sue for defamation — successfully so far in the Ontario courts — over having been called (among other things) an “enemy of free speech”.
In Ernest Murphy; free speech; free speech in Canada; libel slander and defamation; New Jersey; newspapers; online speech; Philadelphia; restaurant critics
May 8th, 2007 at 12:08 am
- Whoops! Insurer’s lawyer backtracks and scrambles for cover after saying some Miami/Dade judges “are being paid off” [Daily Business Review; possibly related, scroll to mention of Miami near end]
- Climate’s different up there: Google and Wikipedia sued for libel in Canada over user-generated content [Rob Hyndman]
- Lawyers implicated in Ky. fen-phen scandal are owners of Curlin, horse that placed third in Kentucky Derby [Courier-Journal, Sun-Times, Sports Network, WSJ law blog]
- “As a lawyer, I hear stories about lawsuit abuse all the time,” but Judge Pearson’s pants suit takes the cake [Nasty Brutish & Short; also lively discussion at Digg]
- Ramps of gold: serial ADA-suit filers George Louie, David Gunther and others launch wave of sidewalk suits against Northern California towns [Contra Costa Times]
- $250 fine for releasing a balloon into the air in New Hampshire? Criminalizing nearly everything [National Law Journal; also Ayn Rand]
- Helpful, if scary: “12 Important U.S. Laws Every Blogger Needs To Know” [Aviva Directory]
- U.K. lawyers ordered to pay back tens of millions of pounds in excessive fees earned for representing sick miners [Times Online Apr. 16, Apr. 25, Apr. 10; Telegraph]
- Did Rosie O’Donnell come out for loser-pays on ABC’s “The View”? Someone please get a transcript [Bill Boushka]
- Japan doesn’t furnish us with much material, but here’s one about magicians suing TV broadcasters for revealing secrets behind coin tricks [Above the Law]
- Sensitivity vs. sensitivity: female drummers allowed to sue over their (culturally authentic) exclusion from ritual drumming at Native American powwow [five years ago on Overlawyered]
In ADA filing mills; bloggers and the law; Curlin; David Gunther; fen-phen; free speech in Canada; George Louie; Google; Japan; Kentucky; libel slander and defamation; loser pays; magicians; nanny state; New Hampshire; roundups; Roy Pearson; Seattle