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golf

Torts roundup

by Walter Olson on December 30, 2013

  • Bad lawsuit on bad theory: “Cantor Fitzgerald, American Airlines Settle 9/11 Lawsuit” [Financial Advisor mag]
  • New Jersey court: only golfer, not his companions, responsible for yelling “Fore” to warn of errant ball [TortsProf]
  • “The New Lawsuit Ecosystem: Trends, Targets and Players,” 158-page report for Chamber of Commerce, topics include emerging areas of litigation (food class actions, data privacy); also lists leading plaintiff’s lawyers in various areas [Chamber's Institute for Legal Reform]
  • “Eleventh Circuit Stacks Deck Against Defendants in Never-Ending Engle Product Liability Litigation” [Cory Andrews, WLF]
  • Beck vs. Prof. Chemerinsky on prescription drugs and pre-emption [Drug and Device Law]
  • “Outrageous Court Decisions: O’Brien v. Muskin Corp.” [Schearer; above-ground pool dive defect claim, New Jersey 1983]
  • New York rejects medical monitoring cause of action [Behrens]

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The family, now represented by Chicago’s Corboy & Demetrio, is refiling a suit dismissed earlier [Deadspin]:

According to The New York Times, the complaint alleges that the N.H.L., through the actions/inactions of the teams and team physicians charged with caring for Boogaard, breached a duty to Boogaard in failing to monitor his prescription drug use. The suit also alleges that the league’s substance abuse program violated its own rules when it failed to suspend or reprimand him for his several lapses, even in the face of multiple failed drug tests and his admissions that he occasionally purchased the drugs illegally.

P.S. In other sports-lawsuit news, “Vijay Singh sued the PGA Tour on Wednesday for exposing him to ‘public humiliation and ridicule’ during a 12-week investigation into his use of deer-antler spray that ended last week when the tour dropped its case against him.” [ESPN, auto-plays video]

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Step 2: Sue golf course because balls land constantly on your property. Step 3: Lose lawsuit. [Ravalli, Mont., Republic]

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Torts roundup

by Walter Olson on July 6, 2012

  • House Judiciary passes measure (FACT Act) promoting transparency of asbestos trusts, could preserve assets for honest claimants by curbing n-tuple dippers [Harold Kim/US Chamber, Ted Frank] “$48 million jackpot justice asbestos award for 86-year-old” [Frank]
  • Canadian court: car crash caused chronic cough [Magraken]
  • Push in Connecticut legislature to ease expert testimony threshold, thus enabling more med-mal suits [Zachary Janowski, Raising Hale]
  • Georgia court: residents on notice of wild alligators, golf club not liable for elderly woman’s demise [Daily Report]
  • “NYT is inconceivably shocked that NYC defends itself in lawsuits instead of blindly writing multimillion $ checks.” [@tedfrank]
  • Arizona court declines Third Restatement’s invitation to gut duty prerequisite in tort law [David Oliver]
  • Vintage insurance fraud: “The Slip-and-fall Queen” [Brendan Koerner via @petewarden]
  • Relaxation of fault in auto cases: “Richard Nixon’s Torts Note” [Robinette, TortsProf] “Reforming the Reform: No-Fault Auto Insurance” [same]

“The city of Sanford [Florida] is in court — again — because the private company that manages its Mayfair Country Club golf course wants out of its 20-year contract, accusing the city of a 90-year-old lie. Maece Taylor Inc., which rescued and revived the course four years ago after the city had a falling-out with its previous operator, says its deal with the city is invalid because city officials lied about who designed the course in the 1920s.” [Orlando Sentinel]

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March 14 roundup

by Walter Olson on March 14, 2011

  • A San Francisco cosmetic surgeon sues her online critics — in Virginia? [Paul Alan Levy, CL&P]
  • SCOTUS ruling in “cat’s-paw” case could gut summary judgment in many bias suits [Hyman]
  • Cuomo spokesman’s smart retort to Litigation Lobby attack on Medicaid reform panel [LoHud.com]
  • “Tennessee Cops Posed as a Defense Attorney To Get Suspect To Incriminate Himself” [Reason]
  • “Illinois golfer not liable for head shot” [Lowering the Bar]
  • Trade friction mounts due to anti-India provisions in Zadroga (9/11 recovery workers) compensation bill [PoL]
  • Is a tax-funded federal nonprofit entity funneling money to environmental suits against the government? [Ron Arnold, Examiner]
  • FCRA class action deemed “lawsuit abuse problem in a nutshell” [Examiner editorial]
  • “Fatherhood by Conscription: Nonconsensual Insemination & the Duty of Child Support” [Michael Higdon, SSRN via Instapundit]

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“A golfer whose arm was torn off by an alligator during a round of golf in South Carolina has sued the course’s owner under the novel theory that the design of the course created an alligator hazard.” [OnPoint News]

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Headline: “Teen hit with own golf ball sues for millions.” The youth was using a Hillsboro, Ore. driving range in the rain and his ball ricocheted off a metal awning post back into his face. [KATU]

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A good walk spoiled — by litigation? [Peter Applebome, N.Y. Times]

“In a brief opinion released today, the New York Court of Appeals agreed with lower courts that a golfer hit by an ‘errant’ shot could not sue his co-golfer for negligence, because one who chooses to golf assumes the risk of being whacked by a golf ball.” [Lowering the Bar, AP, earlier]

Two doctors, frequent golf partners, were playing a round together when one was struck in the face at close range by the other’s ball. Lower courts dismissed the resulting case, which is now on appeal. [Lowering the Bar, WSJ Law Blog] Plus: WLF (“this is not a lawyer or doctor joke.”)

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Dept. of fun-killing

by Walter Olson on November 28, 2010

Sign at Arizona golf course: “For Your Safety, Walking, Running and Recreational Activity Is Prohibited” [Free-Range Kids, with pic]

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The son of the former mayor had sued over being kicked off the university’s golf team. ["Campus Notes" News & Observer blog, WSJ Law Blog; earlier coverage]

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Following thirty years of battles, the Obama Administration signaled that it would extend federal recognition to the Shinnecock tribe. Of particular interest: “The tribe is also hoping to resolve more than $1 billion worth of land disputes in the Hamptons, including its claim to the site of the Shinnecock Hills Golf Club, which has played host to the U.S. Open several times.” [NYT] Backed by casino promoters, the tribe filed a massive land claim in 2005 which I wrote about at the time in the NYT; a federal judge rejected the case the next year, following a turn against Indian land claims at the Second Circuit level.

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A federal magistrate has turned a preliminary thumbs down on the argument advanced by a pro golfer against his suspension from the PGA for using synthetic testosterone to treat a low testosterone count. The use of such hormones is often associated with increased muscle mass and athletic performance. [CNN via Jon Hyman]

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Everyone else in the country has been talking about it, we may as well too. [Hanna Rosin, Slate via WSJ Law Blog] Another view: Cathy Young, Real Clear Politics.

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“In an opinion peppered with golf references and a quote from “Caddyshack” star Bill Murray, a federal magistrate has recommended the dismissal of a lawsuit brought by Rudolph Giuliani’s son over his booting from Duke University’s varsity golf team.” [The Smoking Gun, Althouse; earlier]

At a Dix Hills, Long Island golf course, Dr. Azad Anand was injured when his golfing buddy hit the ball flying without yelling the traditional cry of “fore”. A New York appellate court, however, “said getting hit by an errant ball is an ‘inherent risk of the game of golf.'” [AP/Staten Island Advance] More: John Hochfelder discusses the concept of the “foreseeable danger zone“.

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