Posts tagged as:

guns

August 28 roundup

by Walter Olson on August 28, 2010

  • EPA considers petition to ban lead sporting ammunition and fishing sinkers [National Shooting Sports Federation via Zincavage]
  • Claremont-McKenna economist Eric Helland, known for his work on litigation policy, joins the group blog Truth on the Market;
  • European Union expresses concern about provisions of Foreign Manufacturers Legal Accountability Act [Sidley Austin, PDF letter courtesy Learning Resources]
  • Michigan judge rules two waitresses can proceed with weight discrimination claim against Hooters [WSJ Law Blog, earlier]
  • San Francisco prosecutors charge former MoFo partner and wife with misappropriating nearly $400,000 from funds earmarked for autistic son’s services [The Recorder]
  • When litigants demand to depose the opponent’s CEO [Ted at PoL]
  • Wal-Mart seeks Supreme Court review of billion-dollar job-bias class action [Ohio Employer's Law]
  • If you want to hire a home attendant to keep grandma from needing a nursing home, better hope you’re not in California [five years ago on Overlawyered]

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Chicago Mayor Richard Daley wants to begin a new chapter in gun-control-through-litigation by commencing proceedings in the World Court. I discuss that wretched idea at Cato at Liberty (& thanks to Glenn Reynolds and Damon Root for the links)

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July 9 roundup

by Walter Olson on July 9, 2010

  • Many interesting reader comments on post about jury award against manufacturer over injury on bicycle motorized post-sale;
  • Reimbursed for money never paid: “Calif. Trial Lawyers Welcome Latest Ruling on Recovery of Medical Expenses” [The Recorder]
  • Update: Defamation suit against travel blogger Chris Elliott resolved successfully [Citizen Media Law, earlier]
  • Podcast: Northwestern lawprof Steven Calabresi on McDonald (Second Amendment incorporation) case [Federalist Society]
  • “Provost Umphrey claims banana picker reps siphoned clients, money” [SE Texas Record]
  • Lawprofs in a NYT flutter about deductibility of punitive damages [Walk, Drug & Device Law] On the merits, Carter at ShopFloor: “Changing Tax Laws to Punish Businesses — Unless They Settle”
  • Troubled Pacific Law Center to close in San Diego [ABA Journal, earlier]
  • New York high court rules Atlanta exec cannot invoke New York’s pro-plaintiff state or city laws to contest firing [NYLJ]

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Rodney Knowles, who says he used the device to cut up fruit on picnics with his wife, ran afoul of Britain’s stringent anti-knife laws. [Daily Mail]

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March 24 roundup

by Walter Olson on March 24, 2010

  • Jury orders Dutchess County, N.Y. school district to pay $1.25 million for not adequately addressing classmate harassment of “very dark skinned” half-Latino student; district protests that it had extensively pursued diversity/sensitivity programs [Poughkeepsie Journal]
  • More unwisdom: “Oklahoma House of Representatives Proposes Ban on Use of Foreign Law in Oklahoma Courts” [Volokh, earlier on Arizona bill]
  • Update: California environment czars won’t ban black cars, but watch out for what reflective-layer window mandates might do to cellphones and tollgate transponders [ShopFloor, earlier]
  • “Firm Sanctioned for ‘Perfect Storm’ of Improper Practices in Debt Collection” [NYLJ]
  • Critic of lie detector technology says U.K. libel law has silenced him [Times Online] Science journalist Simon Singh says fighting chiropractors’ libel suit is so draining that he’s quitting his column for the Guardian [Guardian, Citizen Media Law]
  • Florida: father who lost wife, son in murder/suicide at gun range drops lawsuit against the store [Orlando Sentinel]
  • Appeals court declines to overturn Mary Roberts sextortion conviction [MySanAntonio.com, opinion, related, earlier]
  • Corporation for Public Newspapering? Stimulus bucks go to “public-interest investigative journalism” [SFWeekly]

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Great interview with the prolific and influential UCLA law professor (and founder of the Volokh Conspiracy blog) in which he talks about the Bill of Rights, the “hostile environment” menace to free speech, why we should not necessarily expect judges to strike down bad laws, concealed carry and the gun control issue, and the nannyism potential in tort law (& welcome Erin Miller, SCOTUSBlog readers).

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We covered this case a little more than a year ago, and now it’s slated for the city’s appeal, per an update last fall by John Hochfelder at New York Injury Cases. Jury Verdict Review has a version with some details redacted for nonsubscribers.

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January 22 roundup

by Walter Olson on January 22, 2010

  • Early reactions to Supreme Court’s blockbuster Citizens United ruling striking down ban on independent election advocacy [Point of Law, more, yet more]
  • Vision Media Television Group continues its legal push against online critics, Section 230 or no [Consumer Law & Policy, earlier]
  • Big FBI sting operation could leave firearms business “wounded”, some say [Point of Law]
  • Runaway’s suit against McKeesport, Pa. school district dismissed on statute of limitations grounds [AP/Law.com]
  • “Sandra Day O’Connor Backs Campaign to End Judicial Elections” [Schwartz, NY Times, my two cents]
  • “Sheriff Joe’s Enabler” [Radley Balko on Maricopa County D.A. Andrew Peyton Thomas; earlier here, here, etc.]
  • Why some D.C. lawyers make so much money year in, year out [Hill & Lat, Washingtonian, quotes Ted; Ribstein and more]
  • “Hampshire woman jailed for false rape claim” [BBC]
  • P.S. At this point, politically, Dems almost have to pass something labeled health care reform whether or not the resulting legislation makes any sense [my comment in National Journal blogger's poll, more]

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I was a guest this morning on Ray Dunaway’s show on WTIC 1080 (Hartford) to discuss Democrat Richard Blumenthal’s bid to replace Chris Dodd in the U.S. Senate. I’ve been covering the Connecticut attorney general’s legal record for years here at Overlawyered as well as at my other site, Point of Law. For details on his bullying, legally ill-founded ventures into litigation against gun makers and dealers, check here, here, here, here, etc., while for the aromatic tobacco-fee angles, you can start here and here. For the time he sued his own state client, see this 2002 post (& welcome Instapundit, New York Post readers).

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“The Seventh Circuit Court of Appeals has affirmed the dismissal of a case against Wal-Mart for selling bullets to a person without requiring her to present an identification card as required by Illinois law. Candice Johnson later used the bullets to commit suicide.” [Day, MoreLaw]

TortsProf’s Christopher Robinette notes the exceedingly cautious language employed by the publisher of a book on the Walther P-38 pistol. “It’s sad that the publisher can’t even ‘approve of,’ never mind ‘advise’ or ‘encourage,’ the ‘use of’ the material ‘in any manner.’”

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November 24 roundup

by Walter Olson on November 24, 2009

  • “California’s Largest Cities and Counties Spent More Than $500 Million in Litigation Costs in Two Years” [CACALA]
  • Violence Policy Center blames handgun carry permits for offenses that include … strangulation? [Sullum]
  • New allegations in New York school district lawyers pension scandal [Newsday]
  • Plush doll twade dwess dispute made Tonstant Weader fwow up [Schwimmer]
  • “School Hit With a Lawsuit over Dodgeball Game Injury” [FindLaw "Injured", Bronx]
  • Too bad judges are so reluctant to sanction lawyers for filing papers that contain false assertions [Coleman]
  • Hundreds of asylum clients could be deported after law firm founders are convicted of fraud [ABA Journal]
  • Congratulations to superlative juryblogger Anne Reed, picked to run Wisconsin Humane Society [Deliberations; also Turkewitz]

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Could such a sequence of events actually happen? It seems to have happened to Paul Clerke of Merstham, England. [ThisIsSurreyToday via Coyote]

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“A jury has awarded about $41,000 in damages to a homeless man who was shot by an Oregon State University fraternity member in 2006.” The Association of Alpha Beta Chapter of Alpha Gamma Rho had expelled the member after his arrest for the .22 caliber rifle shooting, but witnesses said members had been known to fire BB-gun shots from the fraternity’s windows in the past. A lawyer unsuccessfully sought punitive damages on the theory that the fraternity had tolerated “animosity against the homeless”. [AP/OregonLive]

October 15 roundup

by Walter Olson on October 15, 2009

  • “Jury Says No to Libel Claim Over Truthful E-Mail” [NLJ, Ardia/Citizen Media Law; high-profile First Circuit Noonan v. Staples case, earlier here and here]
  • Transmission of folk music is getting tangled in copyright claims [BoingBoing]
  • Scientific shortcut? Veterans Department will presume Parkinson’s, common heart ailment are caused by Agent Orange for GIs who set foot in Vietnam [NY Times]
  • Federal hate crimes bill: yes, courts will consider speech and beliefs in assessing penalties [Sullum and more, Bader]
  • Texas trial lawyer Mark Lanier’s famed Christmas bash will feature Bon Jovi this year [ABA Journal, background here and here]
  • Let’s explain our Constitution to her: U.K. cabinet minister thinks Arnie can close private website because it’s based in California and he’s governor [Lund, Prawfsblawg]
  • Ten best Supreme Court decisions, from a libertarian point of view? [Somin, Volokh]
  • Cert petition on dismissal of suit against Beretta shows Brady Center still haven’t given up on undemocratic campaign to achieve gun control through liability litigation [Public Nuisance Wire interview with Jeff Dissell, NSSF]

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A Missouri statute raises various civil-liberties and Bill of Rights problems. [Columbia, Mo. Tribune]

“Penknives may have formed as much part of the scouting experience as badges and campfires, but according to advice from the Scout Association they must no longer be brought on camping trips, except when there is a ’specific’ need.” [Times Online via Free Range Kids]

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It’s stirring a bit more controversy, as in this Washington Times editorial which cites our earlier post (and see). Carter Wood also has plenty to say at PoL.