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Idaho Hitching Post case

by Walter Olson on October 22, 2014

I was preparing a post on the case from Idaho in which husband and wife Donald and Evelyn Knapp have pre-emptively sued (complaint, motion for TRO) to prevent the application of the city of Coeur d’Alene’s public accommodation law from being used to require their wedding chapel business, the Hitching Post, to handle same-sex weddings. In the mean time Andrew Sullivan has done a post pulling together most of what I planned to say, so go read that instead.

Sullivan quotes my observation on Facebook:

I will note that I have learned through hard experience not to run with stories from ADF (Alliance Defending Freedom) or Todd Starnes without seeking additional corroboration. As a libertarian, I oppose subjecting this family business to any legal compulsion whatsoever, but it’s also important (as in the Dallas pastors case) to get the facts straight before feeding a panic.

While I hope the Knapps succeed in establishing their exemption from this law, I am still shaking my head at the ADF’s framing efforts, which via Starnes set off a predictable panic about dangers to religious liberty (see also, last week, on the Houston pastors subpoena). In this instance, those efforts amount to something very akin to hiding the ball, including (as cited by Sullivan) the quiet legal revamping of the business onto a religious basis in recent weeks and the silent removal of extensive language on its website that until earlier this month had promoted the chapel as a venue for civil, non-religious wedding ceremonies.

Now, the Knapps are free (or should be, in my view) to change their establishment’s business plan overnight to one that welcomes only ceremonies consistent with Foursquare Evangelical beliefs. But shouldn’t their lawyers be upfront that this is what’s going on? Especially since even sophisticated commentators, let alone casual readers, are construing the city of Coeur d’Alene’s legal position by reference to what its lawyer said back in May, when the Knapps were running the business the old way. (Back then, as Doug Mataconis notes, coverage included the following: “Knapp said he’s okay with other ministers performing marriages at their facilities but it is not something he will do.” — a position that appears to have changed, again without acknowledgment.)

Let’s be blunt. ADF, which was involved in helping the Knapps revamp their enterprise onto a religious basis, is by the omissions in its narrative encouraging alarmed sympathizers to misread the situation.

Could the city of Coeur d’Alene force the Knapps to provide ministerial officiation of same-sex weddings? As Eugene Volokh explains, in a post based on the initial reports, the clear answer is no, since such compulsion would be an unconstitutional forcing of speech and “would also violate Idaho’s Religious Freedom Restoration Act.”

Besides those two distinct layers of legal protection, they are likely to benefit from a third, noted in this May article in the Spokane Statesman-Review: “religious entities are exempt from the Coeur d’Alene ordinance” and “pastors in the city are not obligated to perform same-sex weddings.” (Todd Starnes links to the Spokane article, but makes no reference to these bits.)

Possibly — the statements of municipal lawyer Warren Wilson in May are ambiguous — the city saw the then-secular Hitching Post as obliged not only to provide the equivalent of a hall rental to same-sex applicants, and sell them silk flowers and other incidentals, but also connect them with an outside officiant sympathetic to their union to pronounce the ceremony. It is by no means clear that the city would apply the same requirements to the Knapps’ newly revamped and far more explicitly religious Hitching Post. It is even more of a stretch to imply, as Starnes does, that the city is on the verge of “arresting” the Knapps.

Even absent any obligation to officiate, it seems to me that a family business in this situation has at least as sympathetic a case as the cake bakers, wedding photographers, invitation engravers, and hall providers who sought exemptions in previous episodes. But really, isn’t our libertarian case strong enough that it can stand on an accurate description of what’s actually going on?

Update: Via Eugene Volokh, Coeur d’Alene’s attorney has now sent a letter making clear the city’s position that even the newly reorganized Hitching Post is subject to the law because the law’s religious exemption covers by its terms “nonprofit” religious corporations, which theirs is not. Volokh argues, I think plausibly, that this position will fail in court if applied to compel the provision of ceremonies because both the constitutional right against forced speech and the state Religious Freedom Restoration Act extend in their application beyond nonprofits. Indeed, the city lawyer’s own letter cites a provision, section 9.56.040, in the city’s anti-discrimination ordinance, stating that the ordinance “shall be construed and applied in a manner consistent with first amendment jurisprudence regarding the freedom of speech and exercise of religion”. This provision would appear not merely to permit, but to require, the city to back off enforcement efforts that conflict with speech and religious freedoms, whether exercised in a non-profit or for-profit setting. The letter — which in its reference to “services” draws no distinction between functions like hall and equipment rental, and expressive ceremonial services — would thus appear to put the city on a collision course with the speech and religious freedoms of the Knapps.

One day later: City says it’s considered the matter further and realizes now that nonprofit status is not required to qualify for exemption. [Boise State Public Radio via Shackford] Quoting BSPR: “The group that helped create Coeur d’Alene’s anti-discrimination ordinance says the Hitching Post shouldn’t have to perform same-sex marriages. The Kootenai County Task Force on Human Relations says in a letter to the mayor and city council that the Knapps fall under the religious exemption in the law.” More coverage: KREM, Boise Weekly, Religion News Service, Sarah Posner/Religion Dispatches (discussing this post).


Sports roundup

by Walter Olson on June 27, 2013

  • Florida attorney John Morgan, suing NASCAR over crowd injuries, says waiver on back of ticket isn’t valid [Mike Bianchi, Orlando Sentinel, scroll to "Open Mike"; John Culhane, Slate] Idaho court denies assumption-of-risk “Baseball Rule” in foul-ball case [CBS]
  • “Pennsylvania vs. NCAA: case dismissed” [antitrust; Rob Green, Abnormal Use]
  • 1911 article: aviation “as safe as football”: 47 aviation vs. 60 football fatalities in 1909. [Kyle Graham, @tedfrank] “Do no harm: Who should bear the costs of retired NFL players’ medical bills?” [WaPo] “Retired Jocks Dig for Gold in the California Hills” [Jon Coppelman on state's generous worker's comp arrangements, earlier]
  • “The Derrick Rose lawsuit and emotional distress claims in South Carolina” [Frances Zacher, Abnormal Use]
  • “Parents of autistic New Jersey teen sue so he can play on” [Brick, N.J. football team; WPVI]
  • NY Yankees successfully challenge company’s effort to trademark “Baseball’s Evil Empire” [Ilya Somin, Michael Schearer]
  • “Memo to Roger Goodell: I’ll take my NFL football without Obamacare propaganda, please” [Bainbridge]

Torts roundup

by Walter Olson on March 6, 2013

  • Despite sparseness of evidence, lawyers hope to pin liability on hotel for double murder of guests [Tennessean]
  • Celebrated repeat litigant Patricia Alice McColm sentenced after felony conviction for filing false documents in Trinity County, Calif. [Trinity Journal, more, Justia, earlier] Idaho woman challenges vexatious-litigant statute [KBOI]
  • “2 Florida Moms Sentenced for Staged Accident Insurance Fraud” [Insurance Journal, earlier]
  • With Arkansas high court intent on striking down liability changes, advocates consider going the constitutional amendment route [TortsProf] Fifth Circuit upholds Mississippi damages caps [PoL]
  • What states have been doing lately on litigation reform [Andrew Cook, Fed Soc] Illinois lawmakers’ proposals [Madison-St. Clair Record] Head of Florida Chamber argues for state legal changes [Tampa Tribune]
  • Crowd of defendants: “Ky. couple names 124 defendants in asbestos suit” [WV Record]
  • A bad habit of Louisiana courts: “permitting huge recoveries without proof of injury” [Eric Alexander, Drug and Device Law]

“[Keith Allen] Brown and four other inmates at Idaho’s Kuna facility are suing major beer companies, blaming their crimes on alcoholism and claiming that the companies are responsible because they don’t warn consumers that their products are addictive.” The laudatory Nicholas Kristof column practically writes itself, though one should note that the inmates “do not have attorneys and drafted the lawsuit themselves.” [Idaho Statesman]

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“The [Spokane, Wash.] Spokesman-Review must provide information that could identify an anonymous reader who typed a disparaging online comment about the chairwoman of the Kootenai County Republican Party in February, an Idaho judge ruled Tuesday.” [Spokesman-Review] More: Citizen Media Law.


Law schools roundup

by Walter Olson on February 16, 2012

  • “It’s time for the ABA to deregulate law schools” [Richard Painter, Legal Ethics Forum]
  • Curb schadenfreude please, it’s just class action entrepreneurship: “Law Schools Sued for Lying About Lawyering” [NY Magazine]
  • “AALS President: Law Professors Should Be ‘Cheerleaders’ for ‘Our Way of Life.'” [Instapundit]
  • “Widener Law settles with Prof. Lawrence Connell” [William Jacobson, Legal Insurrection, earlier here, here, here, etc.] Sensitivity camp at U. of Idaho Law [ATL] Peter Wood on Teresa Wagner case [Chronicle]
  • Perspective of a practitioner turned professor [David Hricik] Claim: proliferation of “soft” curriculum really isn’t something to worry about [Brad Wendel] “Justice Scalia makes up with University of Chicago” [Chicago Sun-Times]
  • “The coming crash in legal education” [Richard Bourne, Creighton Law Review/University of Baltimore/SSRN via Caron] Could law schools recover from adversity the way dental schools did? [Eric Chiappinelli, Faculty Lounge] “Why Occam’s Razor cuts in favor of making law an undergraduate degree” [Russ Pearce, LEF]
  • US News changes rating methodology, and law schools’ part-time day programs suddenly dry up [Caron]
  • Attention New Yorkers: if you missed my talk Tuesday at Fordham on Schools for Misrule, I’ll be back in town next Wednesday (Feb. 22) for a 1 p.m. talk at Brooklyn Law School before that school’s Federalist Society chapter; also that evening at Yale with distinguished Prof. John Fabian Witt commenting.

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So now everyone will be happy dept.: The only bone-marrow donor program in Idaho’s capital of Boise is closing down. It seems the National Marrow Donor Program has enacted regulations requiring local programs either to recruit at least 1,000 minority donors a year or to hire a full-time recruiter by way of showing a good-faith effort toward that goal. But there aren’t enough minorities in the Treasure Valley to hit the numerical target and the program at St. Luke’s Mountain States Tumor Institute isn’t big enough to support the full-time hire, so now the nearest local option for potential donors will be an institution in Spokane, Washington. (Idaho Statesman and more, Idaho Business Review, Seattle Times) (via Taranto).

More: The national program, however, denies that its regulations require the hiring of a recruiter and says its local minority recruitment goal is 575, not 1,000: Taranto, Aug. 11.


We and many others criticized a law firm in October for taking the position that its cease and desist letters, also known as nastygrams, were copyrighted and thus could not be posted intact on the web by its targets. However, if a press release from that law firm is correct, a federal court in Idaho has just indeed taken the position that cease and desist letters may be covered by copyright law. Such a ruling, if upheld, would make it more difficult for the targets of bullying tactics by lawyers to rally online support for their cause. (TechDirt, Jan. 25; Slashdot, Jan. 26; Dozier Internet Law press release, PRWeb, Jan. 24).

More: “if a press release from the law firm is correct” turns out to be a big if: according to Ron Coleman at Likelihood of Confusion, as well as our own commenters, the Idaho federal court ruling falls far short of establishing any such proposition about these letters’ being copyrightable. See also: Victoria Pynchon, IP ADR blog, TechDirt later post, Paul Alan Levy @ CL&P. And yet more: Marc Randazza, Eugene Volokh.


“Threatened with a potential defamation suit, two individuals have apparently retracted their claimed characterization of a Spokane, Wash.-area law firm formerly known as ‘Wetzel & Wetzel’ as ‘Weasel & Weasel.'” Jim MacDonald, president of the Bayview, Idaho Chamber of Commerce, “read a letter of contrition” at the chamber’s regular monthly meeting “as demanded” by the offended lawyers. Does this mean we’re going to get in trouble with our earlier references to Cruel & Boring, We’ll Getcha & Mangle Ya, Huge Cupboards of Greed, etc.? (Martha Neil, ABA Journal, Oct. 25; Herb Huseland, “Bayview News: Law firm claims slander”, Spokane Statesman-Review, Oct. 25).

P.S. Australian lawyer Stumbling Tumblr adds, “there’s no indication in the story whether weasels had also threatened proceedings”.


In two cases in the last few months, federal judges have ordered the government to pay the defense costs of failed health care fraud prosecutions.

In Nevada, Judge Robert C. Jones awarded about $300,000, about 30% of the defense costs, to an Idaho doctor, finding that the losing case was frivolous because, the American Medical News reports, the government’s experts contradicted other experts in the case. (There is presumably more to the story than this, as the same is true in nearly every criminal trial involving expert testimony.) Half the claims were dismissed before trial, and the others were adjudged not guilty by a jury. The government has appealed. (Amy Lynn Sorrel, “Judge rules criminal fraud case against Idaho doctor is frivolous”, Aug. 20) (h/t P.N.).

And, in Texas, Judge Lynn Hughes awarded $391,000 to an Oklahoma attorney to cover part of his defense costs after being wrongly prosecuted on 54 counts of health insurance fraud. The court criticized prosecutors for misleading the grand jury and a “reckless disregard for the truth.” Again, the government will appeal. (AP/Tulsa World, “U.S. ordered to pay OKC attorney”, Aug. 13).

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It takes a hard person to pick on the family of a dead child — but that’s why I’m here. In 2001, Tegan Rees, a 2-year old boy living in Idaho, was beaten to death by his mother’s fiance. The boy’s father had previously reported to Idado child welfare authorities that he saw bruises when he picked up his son from his ex-wife, but when they investigated, they decided it wasn’t abuse. That was just a few weeks before the boy was murdered. So, naturally, he sued the Idaho Department of Health and Welfare for $1 million.

Last week, the jury ruled 10-2 in favor of the state agency (AP, Mar. 11). The grandmother’s reaction?

“I’m just sickened,” Christie Rees told the Post Register. “I’m embarrassed that I live in Idaho. I thought finally Tegan would get justice.”

Justice? Keep in mind that the person who actually killed the boy was convicted of first degree murder, and sentenced to 22 years to life in prison.

I guess sometimes it really is about the money.


From “Decision of the Day: A daily summary of the best (and worst) of federal appellate decisions” (Jul. 3):

Money Can’t Buy Love, Or Permission to Land Your Personal Jet
Tutor-Saliba Corp. v. Hailey, 04-34524 [PDF](9th Cir., July 3, 2006)

Poor Ron Tutor. All he wanted to do is land his personal jet at an airport in Hailey, Idaho. The airport wouldn’t let him due to weight restrictions, so he was forced to fly in a less comfortable private jet. As a result, Tutor’s vacation at his Sun Valley home got off to a very bad start. Tutor sued the airport and the City of Hailey on various grounds, including under 42 U.S.C. § 1983 for allegedly violating his rights to due process, equal protection, and interstate travel. The district court predictably found these claims were frivolous and awarded partial fees to the defendants, totaling $88,000 (in addition to costs of around $70,000). On appeal, the Ninth affirms the decision to award fees but remands to the district court for recalculation. Am I the only one who hopes the district court finds a way to increase the fee award on remand?

“Decision of the Day”, incidentally, was launched by “Robert Loblaw” in October, and can be found here.

P.S.: In email, Prof. Childs advises that site author “Robert Loblaw” quite possibly may have borrowed that screen name from a similarly named lawyer-character on “Arrested Development”, who can be viewed here.


The official recruitment of cosmetologists as informants (and as intermediaries steering customers to approved “domestic-violence” programs) continues, with programs reported in Florida, Idaho, Oklahoma, Virginia, Ohio and Maine, as well as Nevada and Connecticut (see Mar. 16 and Mar. 29, 2000). It’s not just black eyes or lacerations that the salon employees are supposed to be on the lookout for, either. A customer’s protestation that “he would not like that”, as a reason to turn down a new hairstyle, might be a sign of “controlling behavior” that needs watching. (“Salons join effort to stop violence”, Bangor Daily News, Jun. 15) (via van Bakel).


Chutzpah champion of the Northwest? “Three years after getting drunk, blowing through a stop sign and triggering a wreck that left her passenger critically injured, a former Idaho resident has filed a $1.5 million claim against Washington’s Pend Oreille County for not detaining her before she caused the crash.” Ashlen Lee, 17 at the time of the accident, says in her claim that a county sheriff’s deputy let her off with a warning in the wee hours although he could see she’d been drinking and neither she nor her passenger was wearing a seat belt. (Richard Roesler, “Driver says her accident deputy’s fault”, Spokane Spokesman-Review, Aug. 5).

Two bad ideas in one: A Florida state House committee voted 6-2 to forward on H-837, a bill some legislators say will give university students a legal cause of action to sue universities and professors who “ridicule” their beliefs.

“Some professors say, ‘Evolution is a fact. I don’t want to hear about Intelligent Design, and if you don’t like it, there’s the door,'” [Rep. Dennis Baxley, R-Ocala] said, citing one example when he thought a student should sue.

The bill is expected to pass the Florida House. It’s not quite clear that the bill will have the effect of opening the courtrooms to every crackpot student offended by a professor’s lecture, but it’s not comforting to see the absence of a denial. (James Vanlandingham, “Capitol bill aims to control ‘leftist’ profs”, Independent Florida Alligator, Mar. 23; Joe Follick, “House OKs Student `Free Speech’ Bill”, Lakeland Ledger, Mar. 23; James Vanlandingham, “Pending academic freedom bill comes under fire”, Independent Florida Alligator, Mar. 24).

“Boise attorney Gale Merrick, who represented the automaker, said the Supreme Court ruling reinforced the company?s contention that there was no evidence that mice got into the van because of some manufacturing defect. ‘They could have left the windows down or a door open,’ Merrick said.” An Idaho jury had held Honda liable for $10,250 because of the smell of mouse droppings in the vehicle. (Idaho Statesman, Oct. 24; Powers v. American Honda Motor Co.; “Of mice and men: Honda damages are overturned”, AP, Oct. 23; see also Julie Pence, “Mouse tales … Little critters can cause problems in your car”, Twin Falls Times-News Online, Oct. 24 for a story about the problems of mice in cars in the area).

August 31-September 2 – Study: DPT and MMR vaccines not linked to brain injury. Some children experience fever and febrile (fever-related) seizures after being given the diphtheria- tetanus- pertussis (DTP) vaccine and measles, mumps, and rubella (MMR) vaccine and it has long been feared, to quote the New York Times‘s summary of a massive new study, “that those rare fever-related seizures may be linked to later autism and developmental problems. The fears are unfounded, the [new] study concluded.” The study, which appears in the New England Journal of Medicine, was of medical data for 639,000 children and was conducted with the assistance of the Centers for Disease Control and Prevention. “There are significantly elevated risks of febrile seizures after receipt of DTP vaccine or MMR vaccine, but these risks do not appear to be associated with any long-term, adverse consequences,” concludes the abstract.

All of which comes too late to prevent the legal devastation of much of the childhood vaccine industry at the hands of trial lawyers, an episode that climaxed in 1986 when Congress stepped in and established a no-fault childhood vaccine compensation program (see Nov. 13, 2000). According to the Washington Post, one Milwaukee lawyer alone “has won million-dollar judgments or settlements in nearly a dozen DPT cases.” “The jury hated the drug companies so bad when we got through with them that they would have awarded money no matter what,” boasts the lawyer, Victor Harding. (Arthur Allen, “Exposed: Shots in the Dark”, Washington Post Magazine, Aug. 30, 1998). If the new study is correct, however, the vaccines may not have been responsible for the occurrences of permanent developmental disability that so often led to high awards. Worldwide alarm over the vaccines’ feared side effects, stoked in no small part by the litigation, contributed to a decline in immunization rates that resulted in a resurgence of the diseases in several countries, killing many children. (DURABLE LINK)

SOURCES: William E. Barlow, Robert L. Davis et al, “The Risk of Seizures after Receipt of Whole-Cell Pertussis or Measles, Mumps, and Rubella Vaccine”, New England Journal of Medicine, Aug. 30 (abstract); Philip J. Hilts, “Study Clears Two Vaccines of Any Long-Lasting Harm”, New York Times, Aug. 30 (reg); and dueling headlines: Daniel Q. Haney, “Two Vaccines Linked to Seizures”, AP/Yahoo, Aug. 29, and Gene Emery, “Researchers: Vaccines Carry Little Risk of Seizures”, Reuters/Yahoo, Aug. 29. Adds AP: “In April, an Institute of Medicine committee issued a report saying there is no evidence that MMR causes autism, as some have speculated.” (more)

August 31-September 2 – Radio daze. The nation’s largest radio chain, Clear Channel, is known for hardball lawyering — as when it sued Z104, a rival station in Washington, D.C., for having the temerity to hold a listener contest in which the prize was tickets to an outdoor concert in Los Angeles staged by a Clear Channel subsidiary. Violated their client’s “service mark”, the lawyers said (Frank Ahrens, “Making Radio Waves”, Washington Post, Aug. 22).

August 31-September 2 – “Man Pleads Guilty to Use of Three Stooges’ Firm in Fraud Scheme”. In Lubbock, Texas, Patrick Michael Penker has admitted bilking banks and other institutions out of $1 million in a scheme in which he “used the name of the slapstick comedy trio’s fictional law firm Dewey, Cheatham and Howe to obtain cashier’s checks” (more on that illustrious firm: Google search). “It did seem just a bit unusual for a company name,” said a bank officer who alerted the FBI (AP/FoxNews, Aug. 27).

August 29-30 – Washington Post on class action reform. “No portion of the American civil justice system is more of a mess than the world of class actions. None is in more desperate need of policymakers’ attention.” Excellent Post editorial which should help fuel reform efforts (“Actions Without Class” (editorial), Washington Post, Aug. 27).

August 29-30 – Firefighter’s demand: back pay for time facing criminal rap. David Griffith, a Hispanic firefighter in Des Moines, Iowa, “has sued city officials, alleging racial bias in their refusal to give him back pay for a leave of absence after he was arrested.” Griffith went on a six-month unpaid leave after he “was arrested in December 1999 on three counts of third-degree sexual abuse involving a then-22-year-old woman. The charges were dropped in May 2000 after Griffith pleaded guilty of assault with intent to inflict injury and harassment. … In his lawsuit, Griffith said he ‘was treated less favorably than non-Hispanic employees and believed such treatment was based on race’. … City attorney Carol Moser said Des Moines officials never forced Griffith to take a leave of absence but simply granted his request.” (Jeff Eckhoff, “D.M. firefighter sues for back pay after arrest, alleges discrimination”, Des Moines Register, Aug. 24).

August 29-30 – “Trolling for Dollars”. Lawyers are turning aggressive patent enforcement into a billion-dollar business, and companies on the receiving end aren’t happy about it (Brenda Sandburg, “Trolling for Dollars”, The Recorder, July 31).

August 29-30 – Negligent to lack employee spouse-abuse policy? The husband of a Wal-Mart employee in Pottstown, Pa., came to the store and shot her, then killed himself. Now her lawyer is suing the retailer, arguing (among other theories) that it should have had a policy to protect its employees from spousal abuse. (Shannon P. Duffy, “Employee Sues Wal-Mart Because Store Didn’t Protect Her From Husband’s Attack”, The Legal Intelligencer, Aug. 24).

August 29-30 – Updates. Further developments in perhaps-familiar cases:

* Extremist animal-rights group PETA, which not long ago cybersquatted on the domain where it posted anti-circus material, has prevailed in its legal battle (see July 3, 2000) to wrest the domain away from a critic which had used it for his contrarian “People Eating Tasty Animals” site (more/yet more). (Declan McCullagh, “Ethical Treatment of PETA Domain”, Wired News, Aug. 25).

* The Big Five Texas tobacco lawyers have enjoyed an almost perfect record of success so far in dodging investigation of their $3.3 billion-fee deal to represent the Lone Star State in the national tobacco litigation, but Texas Attorney General John Cornyn should not be counted out yet (see Sept. 1, 2000, May 22, 2000, June 21, 2001): last month he scored an advance for his long-stymied ethics probe when the Fifth Circuit ruled he should be given a chance to pursue state court proceedings aimed at putting the Five under oath about the lucrative arrangements (Brenda Sapino Jeffreys, “Texas Attorney General May Depose Tobacco Lawyers in State Court”, Texas Lawyer, July 30).

* Conceding that one of its execs did indeed use a disrespectful nickname for its Denver stadium (“the Diaphragm”, referring to its shape), the Invesco financial group agreed to drop its threatened defamation lawsuit (see July 5) against the Denver Post for reporting the remark (“Invesco won’t sue Post”, Denver Post, July 6).

August 27-28 – Clinical trials besieged. Since the Jesse Gelsinger case, where survivors of an 18-year-old who died in a gene-therapy experiment brought a successful lawsuit against the University of Pennsylvania, lawsuits have been burgeoning against universities, private health-research foundations and other sponsors of clinical trials and experimental medical treatments; one recent high-profile case targets the Fred Hutchinson Cancer Research Center in Seattle. The “suits have sent shudders through the biomedical community. … Some experts in the biomedical field believe the litigation will have a chilling effect on research that benefits humankind through scientific advancement. They also worry that volunteers will dry up.” A lawyer who specializes in the new suits makes a practice of suing not only researchers and deep-pocket institutions but also “bioethicists as well as members of institutional review boards, the volunteers charged with reviewing and approving clinical trials.” (on bioethicists, see also Oct. 6, 2000) (Vida Fousbister, “Lawsuits over clinical trials have doctors wary, but not quitting research yet”, American Medical News, April 16; Maureen Milford, “Lawsuits Attack Medical Trials”, National Law Journal, Aug. 21; Kate Fodor, “Insurance Companies Get Stricter on Clinical Trials “, Reuters/, June 27; Christy Oglesby, “Volunteers sustain clinical trials”, WebMD/CNN, July 23).

August 27-28 – Recommended new weblog. Launched a few weeks ago, Instapundit by U. of Tennessee law prof Glenn Reynolds has already made it onto our must-read list with frequently updated commentary on such topics as gun laws, patients’ bill of rights legislation, abusive prosecution, the tobacco settlement, and stem-cell research. Also new among our “dailies” links (left column of front page) are Joshua Micah Marshall’s and Marshall Wittmann’s weblogs, both oriented toward political matters.

August 27-28 – “Jailed under a bad law”. “The arrest by federal authorities of a Russian computer programmer named Dmitry Sklyarov is not the first time the so-called Digital Millennium Copyright Act has led to mischief. It is, however, one of the most oppressive uses of the law to date — one that shows the need to revisit the rules Congress created to prevent the theft of intellectual property using electronic media,” contends the Washington Post in an editorial. Sklyarov wrote a program, legal in Russia, that enables users to defeat the copy-protection on Adobe’s eBook Reader system; the DMCA bans such programs even though they have uses unrelated to unlawful copying, and it does not require the government to prove in prosecution that facilitating piracy was part of a defendant’s intent. (Washington Post, Aug. 21; Julie Hilden, “The First Amendment Issues Raised by the Troubling Prosecution of e-Book Hacker Dmitry Sklyarov”, FindLaw, Aug. 10; Declan McCullagh, “Hacker Arrest Stirs Protest”, Wired News, July 19; Glenn Reynolds (see also other items in his weblog). More ammunition for anti-DMCA sentiment: Amita Guha, “Fingered by the movie cops”, Salon, Aug. 23.

August 27-28 – Urban legend alert: six “irresponsibility” lawsuits. Much in our inbox recently: a fast-circulating email that lists six awful-sounding damage awards (to a hubcap thief injured when the car drives off, a burglar trapped in a house who had to eat dog food, etc.). Circumstantial details such as dates, names, and places make the cases sound more real, but all signs indicate that the list is fictitious from beginning to end, reports the urban-legends site (Barbara Mikkelson, “Inboxer rebellion: tortuous torts“). Snopes also has posted detailed discussions of two of the other urban legends we get sent often, the “contraceptive jelly” yarn, which originated with a tabloid (“A woman sued a pharmacy from which she bought contraceptive jelly because she became pregnant even after eating the jelly (with toast).” — “Jelly babied“) and the cigar-arson fable (“A cigar aficionado insures his stogies against fire, then tries to collect from his insurance company after he smokes them.” — “Cigarson“). What we wonder is, why would people want to compile lists of made-up legal bizarreries when they can find a vast stockpile of all-too-real ones just by visiting this website? (DURABLE LINK)

NAMES IN STORIES: The never-happened stories include tales about “Kathleen Robertson of Austin Texas” (trips on her toddler in furniture store); “Carl Truman of Los Angeles” (hubcap theft) “Terrence Dickson of Bristol Pennsylvania” (trapped in house), “Jerry Williams of Little Rock Arkansas” (bit by dog after shooting it with pellet gun), “Amber Carson of Lancaster, Pennsylvania” (slips on drink she threw), and “Kara Walton of Claymont, Delaware” (breaks teeth while sneaking through window into club). All these incidents, to repeat, appear to be completely fictitious and unrelated to any actual persons with these names.

August 27-28 – “Incense link to cancer”. Just when you thought it was safe to go back to the Sixties (BBC, Aug. 2). But not to worry, since it seems everything else in the world has also been linked to the dread disease: Brad Evenson, “Everything causes cancer — so relax”, National Post (Canada), Aug. 4.

August 24-26 – “Delta passenger wins $1.25 mln for landing trauma”. Outwardly uninjured after a terrifying emergency landing en route to Cincinnati in 1996, Kathy Weaver has nonetheless won $1.25 million from Delta Air Lines after her lawyer persuaded a Montana jury that the episode had caused her to suffer post-traumatic stress syndrome and an aggravation of her pre-existing depression. The judge ruled that “her terror during the landing led to physical changes within the brain that could be defined as injury”. (Reuters/Yahoo, Aug. 23; PPrune thread) (more on white-knuckle lotto: Oct. 19, 2000, Oct. 8, 1999).

August 24-26 – “Cessna pilots association does some research…”Last week’s decision by a Florida jury to ding Cessna to the tune of $480 million for allegedly faulty chair railings in a Cessna 185 has raised more than a few eyebrows,” reports AvWeb. “Cessna’s lawyers blamed the crash on pilot error — as did the NTSB final report — but the plaintiffs’ attorneys argued that the seat-latching mechanism was defective, and the seat slipped back suddenly as the pilot was trying to land. A plaintiff’s attorney was quoted in the Wall Street Journal last week as saying that Cessna ‘knew the seats could slip, but they never told the pilots that.'” On the contrary, says the Cessna pilots association: the company issued a service advisory in 1983, a Pilot Safety and Warning Supplement in 1985, and in 1989 offered all owners a free secondary seat-stop kit “that would provide positive retention of the seat in the event that the primary system failed. Owners had to pay for about three hours’ labor at a Cessna Service Center to install the free kit.” In 1987, the FAA issued its own Airworthiness Directive “with detailed instructions for inspecting the seat-latching system for wear, pin engagement and cracks”. (AvWeb, undated). More of what general aviation folks have to say about that jury award (much of it highly uncomplimentary): AvWeb reader mail; Pprune threads #1, #2.

August 24-26 – Can I supersize that class action for you? The FBI has charged eight persons in the conspiracy, allegedly dating back to 1995, to steal the winning pieces in McDonald’s promotional Monopoly game. Although the fast-food chain was among the victims of the scheme and has already promised a make-it-up sweepstakes promo, can we doubt that the class action lawyers will soon descend? “And never mind those gloomy folk who say the lawyers will win millions while the rest of us each gets a coupon for a packet of fries.” (“They Knew It” (editorial), Washington Post, Aug. 23); Yahoo Full Coverage).

August 24-26 – The document-shredding facility at Pooh Corner. “A family-owned company that receives royalties from the sale of Pooh merchandise says that Walt Disney Co. has cheated it out of $US 35 million … by failing to report at least $US 3 billion in Pooh-related revenue since 1983. … the case has been entangled in Los Angeles Superior Court for a decade …. Last year a Superior Court judge sanctioned Disney for deliberately destroying 40 boxes of documents that could have been relevant to the case, including a file marked ‘Winnie the Pooh-legal problems'”. (“Claimants call Pooh a bear of very little gain”, L.A. Times/Sydney Morning Herald, Aug. 17). Update Mar. 30, 2004: court dismisses suit after finding misconduct on plaintiffs’ side. (DURABLE LINK)

August 24-26 – More traffic records at What summer slowdown? Last week set a new record for pages served, and so did last month … thanks for your support!

August 22-23 – Meet the “wrongful-birth” bar.BIRTH DEFECTS — When did your doctor know? … You may be entitled to monetary damages,” according to an advertisement by the law firm of Blume Goldfaden Berkowitz Donnelly Fried & Fortea of Chatham, N.J. The theory behind “wrongful-life” and “wrongful-birth” suits? “If the health team had done its job, the [parents] would have known of the defect — and could have chosen not to have the baby. … Lawyers file the cases if — and only if — the parents are prepared to testify that they would have aborted the pregnancy.” Many disabled persons, joined by others, are not exactly happy about the premise that it might be better for some of the physically imperfect among us never to have been born. Attorneys believe such cases “will become more common as prenatal sonograms, blood tests, and genetic counseling become routine, and the public learns of the potential for large financial awards when genetically defective babies are born.” “Any child born with a birth defect has a potential wrongful birth or wrongful life claim,” says one optimistic lawyer. (Lindy Washburn, “Families of disabled kids seek peace of mind in court”, Bergen Record, Aug. 19; “N.J. has taken lead in allowing parents, children to sue”, Aug. 19). Note the bizarre headline on the first of the two stories: just how likely is it that “peace of mind” will be found by having the parents swear out a permanent public record to the effect that they wish their child had never been born? (more on wrongful birth/life: Nov. 22-23, Sept. 8-10; June 8, May 9, Jan. 8-9, 2000). (DURABLE LINK)

August 22-23 – Pricing out the human species. According to Idaho governor Dirk Kempthorne, the federal government’s proposal to reintroduce grizzly bears into Idaho “assumed injury or death to people and even calculated the value of human life. A human killed by a grizzly bear in Idaho would cost the federal Treasury between $4 million and $10 million, and the plan even amortized the annual costs at $80,000-$200,000. As far as we know, this is the first time that death or injury to humans has been factored into a program proposed by the federal government under the [Endangered Species Act].” (“Risk to humans too great”, USA Today, Aug. 17). And did reluctance to draw water from a river containing threatened fish contribute to the deaths of four firefighters during a big wildfire in Okanogan County, Wash. last month? (Chris Solomon, “Why Thirty Mile Fire raged without water”, Seattle Times, Aug. 1; “Endangered Fish Policy May Have Cost Firefighters’ Lives”,, Aug. 2).

MORE: “NWFP [Northwest Forest Plan] standards and guidelines and other agency policies such as PACFISH set streamside buffers with virtually zero risk to fish species, regardless of the effects of large buffers to other management objectives. Managing risks requires value-based decisions. We understand that the zero-risk [to fish -- ed.] approach is largely a result of lawsuits….” (James E. Brown of the Oregon Department of Forestry at a House Agriculture Committee oversight hearing, June 21, 1999 — scroll to near end of document). (DURABLE LINK)

August 22-23 – Slavery reparations suits: on your mark, get set… “By year-end, an all-star team of lawyers calling themselves the ‘Reparations Coordinating Committee’ plans to file a suit seeking reparations for slavery. … Multiple cases in multiple forums are likely. The defendants will come from both the public and private sectors”; among businesses likely to be named as defendants is J.P. Morgan Chase. (Paul Braverman, “Slavery Strategy: Inside The Reparations Suit”, American Lawyer, July 6). Harvard Law prof Charles Ogletree said “‘an amazing series of possible actions’ is slated for early next year.” (Emily Newburger, “Breaking the Chain”, Harvard Law Bulletin, Summer). Some of the reasons it’ll be a terrible idea: John McWhorter, “Against reparations”, The New Republic, July 23 (more on reparations: July 6-8, April 17, Dec. 22-25, 2000 and links from there). (DURABLE LINK)

August 22-23 – “New York State’s Gun Suit Must Be Dismissed”. No, bad lawsuits don’t always prosper: “The New York state attorney general’s novel lawsuit to find the gun industry liable under a nuisance theory must be dismissed,” Justice Louis B. York has ruled in Manhattan. New York was the only state to have joined 32 municipalities in suits against the gun industry that aim to extract money from gunmakers as well as arm-twist them into adopting various gun controls that legislatures have declined to enact. New York AG Eliot Spitzer is said to be “dismayed” by the decision. Good! (Daniel Wise, New York Law Journal, Aug. 15).


October 19 – Sexual harassment: ask the experts (if that’ll help). asks authorities on harassment law for advice on handling common workplace situations and gets strikingly contradictory answers. Should employers ban consensual dating between supervisors and subordinates? Yes, says employment-law attorney Anne Covey; no, says business professor Dennis Powers. Does a desk photo of a wife or girlfriend in a bikini count as harassment? Yes, says Covey (“You wouldn’t allow somebody in a bathing suit to be in the office. So I don’t think the picture is appropriate either”); no, says Powers. Although the number of harassment complaints filed with the EEOC has been flat recently, sums of money recovered through the agency’s efforts have more than doubled since 1995. And don’t expect a potential complainant to tell you you’re doing something wrong before taking a gripe to management, says Covey: “An employee does not have an obligation to walk up to you and educate you about your behavior that they find to be inappropriate”. (Larry Keller, “Sexual harassment: Serious, subtle, stubborn”,, Oct. 3).

October 19 – All shook up. Music student Anna Lloyd, 22, was among the 136 survivors of a fiery 1999 American Airlines plane crash at the Little Rock airport that killed 10 passengers and the pilot. Her attorney acknowledges that she is physically fine after the minor injuries she sustained at the time, but he says the psychological scars of the experience have left her emotionally disconnected, anxious, prone to angry outbursts, and socially withdrawn. American Airlines thought $330,000 in compensation was sufficient for her situation, but Lloyd asked a jury for $15 million, and last week it gave her $6.5 million. (“Jury awards woman $6.5 million in plane crash trial”, AP/FindLaw, Oct. 13; “Plane crash traumatized college student for life, lawyer argues”, AP/, Oct. 11; passenger and crew list, Flight 1420 (Arkansas Democrat-Gazette)). In August, in the first lawsuit over the Little Rock crash to go to trial, Lloyd’s friend Kristin Maddox was awarded nearly $11 million; see Aug. 31.

October 19 – Courtroom crusade on drug prices? We’ve lost count of the number of fields of litigation that eager lawyers have nominated as the “next tobacco”: guns, lead paint, casinos, HMOs, class actions against Microsoft, and so on. One more to add to the scrapbook, which we missed earlier: class action suits over pricing of pharmaceutical drugs. “Chicago lawyer Robert Green … says [they] could eventually dwarf current tobacco litigation. ‘There’s much more money at stake, if you can believe that,’ he said.” (Mark Curriden, “Drug firms’ price-setting investigated”, Dallas Morning News, Dec. 7, 1999).

October 18 – Historically inauthentic? Book her. Betty Deislinger, age 70, fixed up an 1870s house in a historic district of Little Rock, Ark., but declined to take the burglar bars off the front, the way the preservation code requires. She was arrested, fingerprinted and booked. (Suzi Parker, “Bars bring long arm of the law”, Dallas Morning News, Oct. 14).

October 18 – Yahoo pulls message board. “Within hours of a Miami appellate court’s order that Yahoo and America Online must disclose the identities of eight Web critics who allegedly defamed former Hvide Marine boss J. Erik Hvide, Yahoo shut down the Hvide Marine company’s message board where the offending words were posted. The board, where thousands of messages about the ups and downs at international marine services company Hvide Marine of Fort Lauderdale, Fla., were posted during the past few years, was also removed from the Web, and previously posted messages are no longer accessible.” “It may be a matter of Yahoo deciding they don’t want to create a headache for themselves by continuing this forum that has resulted in litigation,” said one of the lawyers in the case. (Dan Christensen, “Yahoo Pulls Marine Services Company Message Board”, Miami Daily Business Review, Oct. 17; Catherine Wilson, “Anonymous Net Posting Not Protected”, AP/Excite, Oct. 16; John Roemer, “The Battle Over John Doe”, Industry Standard/, Oct. 13; Slashdot thread on anonymous message-board speech).

October 18 – Birth cameras not wanted. In a recent survey, 40 percent of obstetricians said they had prevented families from using videocameras to record births, and 80 percent of those cited legal concerns. Such videotapes, or edited snippets from them, may be placed before juries in case of later malpractice suits. (Geraldine Sealey, “Lights, Camera, Lawsuit”, ABC News, Oct. 3) (& see Dec. 26).

October 18 – Product liability: Americanization of Europe? An expected European Community directive will expand rights to sue under product liability law, and business is worried about having to face “a whole new continent of potential plaintiffs.” Among ideas being considered are “the introduction of class actions and market-share liability, and the elimination of both the 70 million euro cap on damages and the ‘state-of-the art’ defense.” However, European consumer groups point out that earlier rounds of liberalization have not resulted in sky-high American-style litigation levels: “Even if these latest pro-plaintiff reforms pass, companies still won’t face juries and punitive damages, the most unpredictable aspects of the U.S. system” — not to mention two other significant aspects of the U.S. system, the lawyer’s contingency fee and the failure of costs to follow the event. (Ashlea Ebeling, “Sue Everywhere”, Forbes, Oct. 16).

October 16-17 – George W. Bush on lawsuit reform. The Bush campaign has put up this page explaining the Governor’s point of view on civil justice reform, his record on the issue in Texas, and his plans for tackling it at the federal level if elected (disclosure: this site’s editor has been involved as an advisor to the campaign). (George W. Bush for President official site; Issues; Civil Justice Reform). And: Wall Street Journal lead editorial Monday assails the Democratic Party for its “captivity” to trial lawyers. “Mr. Gore walked into it again when his claimed visit with the FEMA head to inspect fire-damaged Parker County turned out never to have taken place. As the world now knows, he was in Houston for a fund-raiser with the head of the Texas trial lawyers association.” (“The Lawyer Issue”, Oct. 16).

October 16-17 – European roundup. “The rights of pets in divorce cases would be similar to those of children under proposals in Switzerland, where campaigners have 250,000 signatures for two petitions demanding substantial new rights for pets and other animals.” (Claire Doole, “Animals’ rights could make an ass of Swiss law”, Sunday Times (London), Oct. 8). In Britain, where the exemption of police jobs from the Disability Discrimination Act is set to expire in 2004, “police officers with part of a leg missing are likely to be pounding the beat and one-eyed drivers could be at the wheel of pursuit cars in four years’ time,” to the dismay of the Metropolitan Police Federation, which represents rank-and-file officers (James Clark, “Disability law exposes police to one-legged recruits”, Sunday Times (London), Oct. 8; see also Sept. 29). And in France, the resort town of Le Lavandou attempted to cope with a lack of space in its cemetery by passing a law making it unlawful for persons who lack a cemetery plot to die within town limits; the mayor acknowledges that there will be no levying of penalties against those who violate the law by dying without authorization (“Death be not proud”, AP/Fox News, Sept. 21).

October 16-17 – “Is $30,000 an hour a reasonable fee?” Readers of this space are familiar with the controversy in which attorney Peter Angelos is demanding $1 billion for representing the state of Maryland in the tobacco-Medicaid litigation, while the state is trying to get off with paying him a mere $500 million (see Dec. 9 and Oct. 19, 1999). One tidbit of which we had been unaware: “[A]fter a Baltimore Sun lawsuit forced Angelos to disclose his billing records, the public learned that the lawyer (and Orioles owner) had used $12-an-hour lawyers from a temp agency for nearly 25 percent of the hours he billed. From $12 to $15,000 is a markup of 1,250,000 [sic] percent.” (Phillip Bissett (Baltimore Regional Citizens Against Lawsuit Abuse), Washington Post, Aug. 13). Reader A. J. Thieblot of Baltimore points out that the actual markup number, based on the above calculations, was in fact only 125,000 percent, so in fact Angelos “showed restraint … Doesn’t that make you feel better about him?”

October 16-17 – Fed prosecutors chafe at state ethics rules. Two years ago Congress passed a law requiring U.S. Attorneys to obey the ethical rules applicable to lawyers in the states in which they work. The bill was named after its sponsor, Pennsylvania Republican Joseph McDade, who became a critic of overzealous prosecution after the Justice Department targeted him in an eight-year racketeering probe which ended in his acquittal by a jury. The new law is having a major effect in some states: in Oregon, for example, the state supreme court has forbidden all lawyers as an ethical matter to lie, cheat, or misrepresent themselves. Federal prosecutors complain that kind of restriction deprives them of many cherished investigative techniques, but House Judiciary Chairman Henry Hyde (R-Ill.) says he’s not inclined to repeal the McDade law. (Chitra Ragavan, “Federally speaking, a fine kettle of fish”, U.S. News & World Report, Oct. 16).

October 16-17 – Hasty tire judgments. Does Ford’s Explorer suffer a higher rate of tire-related accidents even when equipped with Goodyear tires, as opposed to the Firestones implicated in the recent furor? Last Monday the Washington Post reported that it did, only to report two days later that some of the vehicles in the data base it had been looking at were equipped with Firestones after all. “In its rush to judge the Explorer a deathtrap, the Post engaged in what social scientists call ‘confirmation bias.”” writes Jack Shafer of Slate (“The Washington Post Blows the Blowout Story”, Slate, Oct. 11; Dan Keating and Caroline E. Mayer, “Explorer Has Higher Rate of Tire Accidents”, Washington Post, Oct. 9; “Ford Cites Flaws in Tire Data”, Oct. 11).

Should the tire problem have been obvious from road statistics? It may depend on how you slice those statistics, says mathematician John Allen Paulos: crashes associated with tire failure are so rare as a percentage of all crashes that it can be easy to lose them in the data (“Statistics and Wrongdoing”, ABC News, Oct. 1). Reports of accidents and deaths “linked to” the tires flooded into the federal government’s National Highway Traffic Safety Administration after the furor broke, not because the crash rate had suddenly jumped, but because informants rushed to inform the agency of previously unreported older cases; and the phrase “linked to” itself elides issues of causation that can be resolved only by case-by-case investigation (Dan Ackman, “Tire Deaths Linked To Tough Questions”,, Sept. 7).

Also shedding light on the degree to which the origin of the tire problems remains less than fully obvious: “[p]laintiff’s lawyers have been trading theories, information and documents for more than a year in lawsuits related to the tires”, the news-side Wall Street Journal‘s Milo Geyelin reported in August, but “so far they have yet to reach a consensus”. Some think the lower tire pressure recommended by Ford is a key factor, others downplay its significance; there’s no agreement as to whether the problem is specific to tires manufactured at Firestone’s Decatur, Ill. plant; and so on. (Milo Geyelin, “Theories Mount Regarding Root of Tire Defects”, Wall Street Journal, Aug. 23 (fee-based archive)). See also Melanie Wells and Robyn Meredith, “Nothing Comes Between Me and My SUV”,, Oct. 16; FindLaw page on tire litigation.

October 16-17 – “Judge Lenient With Perjurer, Cites Clinton Case”. “Chief U.S. District Judge James A. Parker told prosecutors last week that it was unfair of them to ask for a strict prison sentence in a New Mexico perjury case, pointing out that President Clinton recently asked for leniency for lying under oath.” Ruben Renteria Sr. had been acquitted of drug conspiracy but was convicted on a count of perjury related to the investigation. (Guillermo Contreras, Albuquerque Journal, Oct. 14) (via Drudge).

October 13-15 – Place kicker awarded $2 million. “A jury awarded a female place-kicker $2 million in punitive damages Thursday, ruling Duke University cut her from the team solely because of her gender.” Heather Sue Mercer, a walk-on player, had sued for damages that included emotional distress, humiliation and periods of depression after being dropped from the college team. Team members testified that Mercer was not a powerful kicker; the jury voted her $1 in compensatory damages and $2 million in punitives. (“Jury rules Mercer was cut because of gender”, AP/ESPN, Oct. 12; Reuters/Yahoo; “Ex-coach says he admired kicker’s ‘spunk'”, AP/ESPN, Oct. 11; “Woman sues Duke over being cut from team”, Oct. 4). Update Dec. 30, 2002: appeals court overturns punitive damage component of verdict. See also Nov. 3-5 commentary.

October 13-15 – (Civil court) policeman to the world. Among the many foreign powers and principalities considered suitable targets for correction by way of lawsuits in American courtrooms: perpetrators of ethnic atrocities in Bosnia (“Jury returns $4.5 billion verdict against ex-Bosnian Serb leader Karadzic”, AP/CNN, Sept. 26); Chinese dictators who repressed pro-democracy demonstrators in Tienanmen Square (Edward Wong, “Chinese Leader Sued in New York Over Deaths Stemming From Tiananmen Crackdown”, New York Times, Sept. 1); Cuba, Iran, and other regimes that sponsor acts of terrorism in third countries (“Senate votes to allow compensation for terror victims, re-authorizes Violence Against Women Act”,, Oct. 11; Seth Lipsky, “Justice for Alisa”, Opinion Journal (WSJ), Sept. 27); and OPEC, for fixing the international price of oil, which would become an offense suable in American courts under a bill okayed by a Senate panel (“Senate panel bill would allow lawsuit against OPEC”, Reuters/FindLaw, Sept. 21). Few of the American backers of these legal actions have been eager to point out the mirror-image corollary they would logically entail, namely suits against our own government and its elected officials in the courts of unfriendly foreign nations.

October 13-15 – Man sues over “Ladies’ Nights”. Christopher Langdon, a 48-year-old businessman, has filed federal lawsuits against nearly a dozen Orlando bars saying that their offering of “Ladies’ Night” discounts to women constitutes unlawful sex discrimination. He wants up to $100,000 and an end to the promotions. (Tyler Gray, “Man makes his move on ladies night”, Orlando Sentinel, Oct. 10).

October 13-15 – “Philly looking for a few good lawsuits”. More reaction to the plans of Philadelphia’s city solicitor Kenneth Trujillo, a class-action specialist, to establish a special legal strike force to hit up business defendants for money through offensive litigation (see Oct. 5). Quotes our editor (Patrick Riley, Fox News, Oct. 10).

October 13-15 – “Stop driving my car”. If you live in one of five states — New York, Rhode Island, Connecticut, Maine, and Iowa — “vicarious liability” laws make you automatically liable for the driving of anyone to whom you lend your car, even if the borrower has a clean record and there are no other advance signs of trouble. (In other states, lawyers who want to sue you as the owner must allege that you were at fault in some way.) The laws also apply to rent-a-car companies, putting them in an especially tough position since laws in some of the same states make it virtually impossible for them to turn away most prospective renters (James T. Riley, Citizens for a Sound Economy, Oct. 2).

October 12 – Wal-Mart wins female Santa case. “The Kentucky Commission on Human Rights has ruled that a Wal-Mart in Morganfield did not discriminate against Marta Brown when it forbid her from portraying Old St. Nick in December 1995.” (Chris Poynter, “Wal-Mart had right to stop female Santa”, Louisville Courier-Journal, Oct. 10).

October 12 – “All about Erin”. “It took a few months for the investigative journalists to overtake the Hollywood dream spinners, but by now it’s been pretty well established: What got left out of the blockbuster movie Erin Brockovich (now available at a video store near you) was in many ways juicier than what got put in.” Our editor’s latest column in Reason explains (October). Also: Michael Fumento of the Hudson Institute returns to the warpath (“Errin’ Brockovich”, American Outlook, Summer).

October 12 – Forfeiture-reform initiatives. Voters in three states, Massachusetts, Utah and Oregon, will consider initiatives that would curb the controversial law enforcement technique. “The ballot measures would, in effect, require law enforcement to prove that a crime had occurred before property could be forfeited. And drug money, instead of going back to police, would be sent to a public education fund in Utah and drug treatment funds in Oregon and Massachusetts.” (Karen Dillon, “Ballot initiatives seek to change forfeiture laws in three states”, Kansas City Star, Oct. 8; see May 25). National Post columnist David Frum asks some basic questions about the drug war in Canada and the U.S. (“Target ‘victims’ to solve the drug problem”, Sept. 9). And the name of Lebanon, Tennessee resident John Adams, 64, was added to the list of “collateral damage” drug war casualties when police officers mistook his house for one cited in a drug warrant, burst in and shot him dead. “It was a severe, costly mistake,” said the Lebanon police chief. “They were not the target of our investigation. We hate that it happened.” (Warren Duzak, “Innocent man dies in police blunder”, Nashville Tennesseean, Oct. 6).

October 12 – Political notes: friend to the famous. “Our Managing Partner John Eddie Williams [one of the Big Five trial lawyers who are splitting a $3.3 billion fee for representing Texas in the tobacco-Medicaid litigation -- see May 22, Sept. 1] and his wife Sheridan welcomed the first lady to their Houston home in August [1999]. Fifty guests enjoyed dinner with Hillary Rodham Clinton, who spent two days in Texas raising money for the Democratic Senate Campaign Committee and her own exploratory committee. The Williams’ home has been visited in the past by other well known workers on Capitol Hill including Vice President Al Gore, Sen. Edward Kennedy and Sen. Barbara Boxer. Ms. Clinton said she would be pleased to be an adopted senator for Texas Democrats.” (“Hillary Rodham Clinton Visits Williams’ Home”, from the Williams, Bailey law firm’s “Letter of the Law” newsletter, Oct. 1999 (displays correctly in IE, has trouble in Netscape — Netscape users might try “View Source”)) (top Texas soft money donors).

October 11 – Brownout, Shivers & Dim, attorneys at law. “[T]he nation’s energy producers, even those proposing to meet the surging demand for electricity with the cleanest types of power plants, find themselves stymied by environmental groups concerned about pollution and damage to natural resources.” Hydroelectric plants, bird-menacing windmill farms (“Condor Cuisinarts”) and natural-gas-fueled turbines (ugly-looking) have all run into opposition from enviros, and don’t even think of asking them to consider coal or nuclear. “‘Bottom line,’ says Sen. Slade Gorton, a Washington Republican who often sides with the power industry, ‘whatever suggestion you make, they find something wrong with it and bring more lawsuits.'” (Jim Carlton, “Electricity Crunch May Force The U.S. Into Tough Tradeoffs”, Wall Street Journal, Oct. 10) (subscriber-only site).

October 11 – Curse of the dummy’s kiss. In Hammond, Indiana, Brenda Nelson has filed a federal lawsuit against the American Red Cross, saying she “contracted herpes after giving mouth-to-mouth resuscitation to an improperly sanitized mannequin.” (“Woman sues Red Cross, alleging she contracted herpes from CPR dummy”, AP/FindLaw, Oct. 10). (Update Dec. 7: she drops case)

October 11 – New Hampshire chief justice acquitted. By a wide margin, the Granite State’s senate declined to convict the state’s highest judicial officer, David Brock, on any of several counts against him (see April 5). (“Brock acquitted overwhelmingly”, AP/Concord Monitor, Oct. 10).

October 11 – NLRB lurches left. The National Labor Relations Board, according to Republican and business critics, acts as if it wants to yank labor law as far left as it can before the Clinton term ends. Among its more dramatic recent decisions were one in July making it a labor law violation to question a nonunion worker in a disciplinary context without allowing him to have present a co-worker of his choosing, and one in August facilitating the unionization of temporary workers (Michael D. Goldhaber, “Is NLRB in a Pro-Labor Mood?”, National Law Journal, Oct. 4; Julie Kay, “The Buddy System”, Miami Daily Business Review, Sept. 8). Meanwhile, a General Accounting Office study has found that businesses undergoing labor strife are six and a half times as likely as other businesses to be made the targets of inspection by the Occupational Safety and Health Administration, bolstering employer suspicions that unions often use OSHA inspections as a weapon to make employers’ lives difficult (“Worker Protection: OSHA Inspections at Establishments Experiencing Labor Unrest”, GAO, August (PDF)).

October 11 – Welcome visitors. Among sites that link to are the Clatsop County (Ore.) Coastal Voice, the Zoh Hieronymus show, the alternative media guide, Flangy, iRights, SkeptiNews and What’s On It For Me? weblogs, Cindy Furnare’s Conservative Education Forum, Wisconsin Democratic Congressional candidate Mike Clawson (, the Alexander County (N.C.) Republican Party, the Idaho, Illinois and Wisconsin Libertarian parties, and firearms sites The Gunnery,, RKBA Legal Docket, and

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