Overlawyered » juries

March 27 roundup

Walter Olson — Tue, 27 Mar 2012 04:04:06 +0000

NYC: “Lawsuit Blames Apple’s Glass Doors for Plaintiff’s Broken Nose” [Lowering the Bar, CBS New York]
Some who pushed enhanced punishment for Dharun Ravi may now be doubting they really want it [Scott Greenfield, earlier here, etc.]
NYT editorial on FMLA state immunity is as bad as anyone had a right to expect [Whelan]
“Pleading, Discovery, and the Federal Rules: Exploring the Foundations of Modern Procedure” [Martin Redish, FedSoc "Engage"] Summary of important ’09 Redish book Wholesale Justice calling into question constitutionality of class actions [Trask]
Would trial-by-DVD be so very wrong? [James Grimmelmann, Prawfs]
Contested memorabilia: lawsuits filed over estate of gay rights pioneer Franklin Kameny [MetroWeekly]
Feds’ “distracted driving” guidance could impair usefulness of car navigation systems [Cunningham/CNet, earlier]

Tags: Apple, autos, discovery, juries, pleading

March 27 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Why do people hate serving on juries?

Walter Olson — Fri, 02 Mar 2012 22:19:07 +0000

The blogosphere has been kicking around that question this week, and I add my own views at Cato at Liberty (& Alkon).

Tags: juries

Why do people hate serving on juries? is a post from Overlawyered - Chronicling the high cost of our legal system

More FCPA acquittals

Walter Olson — Thu, 02 Feb 2012 11:34:57 +0000

Defenders of the government’s aggressive prosecutions under the Foreign Corrupt Practices Act are finding more and more to be defensive about. The latest in the string of setbacks for the Department of Justice came Monday, when a jury acquitted two defendants in the Justice Department’s 2009 Gabon “sting” operation and the case against three others ended in a mistrial. Alison Frankel: “So far, the Justice Department has not managed to convict a single Gabon sting defendant who contested its charges.” [WaPo, WSJ blog and related, earlier]

More: “A Guest Post From The Africa Sting Jury Foreman” [FCPA Professor]

Tags: Foreign Corrupt Practices Act, juries

More FCPA acquittals is a post from Overlawyered - Chronicling the high cost of our legal system

January 31 roundup

Walter Olson — Tue, 31 Jan 2012 05:06:21 +0000

Latest of periodic Towers Watson (formerly Towers Perrin/Tillinghast) surveys: tort costs fell in 2010 excluding oil spill liability [Towers Watson]
“Will Newt Neuter the Courts?” [James Huffman, Defining Ideas] Obama’s high court appointees are fortunately friendlier toward civil liberties than he is [Steve Chapman]
Unanimous Cal Supremes: companies not legally responsible for other companies’ asbestos products used as replacement for theirs [Cal Biz Lit, Jackson, Beck, Mass Tort Prof]
Claim: jurors considered policy implications of verdict and you can’t have that [On Point; defense verdict in Baltimore, Maryland school-bullying case]
Airfare display mandate: “‘Protecting’ Consumers from the Truth About the Cost of Government” [Thom Lambert, TotM]
Critical assessment of AP-backed new copyright aggregator “NewsRight” [Mike Masnick] Promises not to be “Righthaven 2.0″ [Cit Media Law]
Restatement (Third) of Torts drafters vs. Enlightenment scientific views of causation [David Oliver in June]

Tags: airlines, asbestos, Baltimore, Barack Obama, bullying, California, deep pocket, juries, Newt Gingrich, RightHaven, taxes, Tillinghast, toxic torts

January 31 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

July 12 roundup

Walter Olson — Tue, 12 Jul 2011 12:42:47 +0000

Not for first time, Dahlia Lithwick misrepresents Wal-Mart case [Ponnuru, Whelan, earlier here and here]
Merciful gods, please spare us ghastly “Caylee’s Law” proposal [Josh Blackman, Reuters, Greenfield, Frank] More on constitutional flaws [Robson, Tribe]
Mark Perry on efforts to replace the relatively open-entry Washington, D.C. taxi system with NYC-style cartelization via medallion;
“Wrongful Convictions: How many innocent Americans are behind bars?” [Balko]
“Persaud identified himself as a juror, offering to fix the verdict for a fee.” [CBS NY; Long Island med-mal case]
“Is the Common Law the Solution to Pollution?” [Jonathan Adler, PERC]
“Rice Krispies class action settlement” [Ted Frank]

Tags: class action settlements, Dahlia Lithwick, environment, juries, prosecution, Wal-Mart v. Dukes, Washington D.C.

July 12 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Jurors as grown-ups

Walter Olson — Thu, 07 Jul 2011 21:04:30 +0000

New Michigan rules allow juries to ask questions and judges to summarize evidence for their benefit. Michigan Chief Justice (and Overlawyered favorite) Robert Young Jr. “says jurors will no longer be treated like kindergarteners” under the new rules. [ABA Journal; my take back when]

Tags: juries, Michigan

Jurors as grown-ups is a post from Overlawyered - Chronicling the high cost of our legal system

June 23 roundup

Walter Olson — Thu, 23 Jun 2011 13:38:20 +0000

Michigan sex abuse prosecution of dad falls apart; it was premised on ultra-controversial technique of “facilitated communication” with autistic daughter [Detroit Free Press; Ted Frank/Point of Law]
Do demagogy and hardball work as trial techniques? [Steve McConnell vs. Ronald Miller and Max Kennerly]
When lawyer-pundits consent to chase cameras [Scott Greenfield]
Lawyer dad sues middle school girls over Facebook video [Houston Chronicle]
So-called Precautionary Principle slipping into Restatement (Third) of Torts? [David Oliver]
U.S Attorney in Maryland didn’t think Lauren Stevens case was strong enough to indict [Sue Reisinger/Corporate Counsel, White Collar Law Prof, Legal Ethics Forum, my Cato take]
“The SLAPP-Happy Story of Rakofsky v. Internet” [Citizen Media Law, Atlantic Wire ("Meet the Lawyer Who Sued the Internet"), Popehat, earlier here and here]

Tags: child abuse, Facebook, juries, toxic torts

June 23 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Swiss sledders, skiers seldom sue

Walter Olson — Wed, 09 Mar 2011 12:33:51 +0000

“The tree trunks, exposed banks and other hazards whizzing past represent a cornucopia of potential tort suits under U.S. law, yet somehow the Swiss manage to operate these runs without being sued into oblivion.” Dan Fisher at Forbes has a go at explaining why. More: Bill Childs, TortsProf (many U.S. states relatively protective of winter sports providers).

Tags: contingent fee, Europe, insurance, juries, skiing, Switzerland

Swiss sledders, skiers seldom sue is a post from Overlawyered - Chronicling the high cost of our legal system

February 22 roundup

Walter Olson — Tue, 22 Feb 2011 14:04:46 +0000

He wuz framed? Lawyers say wearing glasses will help a criminal defendant win acquittal [NYDN, ABA Journal]
“Are Judges ‘Employees’ Covered by State Antidiscrimination Law?” [Volokh, Fox]
Pursuing food safety, Congress ensures only unintended consequences [Paul Schwennesen, The Freeman]
High cost of litigation for Louisiana cities and towns [LLAW, PDF, via NJLRA; Daily Comet]
Calif. Kwikset decision not entirely a debacle for defendants [Russell Jackson, earlier] More: Cal. Civil Justice.
Pennsylvania lawmakers consider reform of joint and several liability [Post-Gazette]
Lawsuit fears tame a Frederick, Md. ice playground [Free-Range Kids]
Following scrutiny by Albuquerque newspaper, lawyer drops life insurance class action settlement [ten years ago on Overlawyered]

Tags: California, food safety, joint and several liability, judges, juries, Louisiana, Maryland, Pennsylvania, recreation, taxpayers

February 22 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

November 30 roundup

Walter Olson — Tue, 30 Nov 2010 16:25:07 +0000

Sooooo glad to be an American: that’s how Patrick at Popehat feels following latest Canadian-libel-law outrage directed at conservative blogger Ezra Levant (& see comments for alternate view);
Obama has pardoned more turkeys than people. Why? [Dan Froomkin, HuffPo]
“Reforming medical malpractice liability through contract” [Michael F. Cannon, Cato Institute working paper, PDF]
Memoir of jury foreman in criminal case [Tux Life]
Not too sharp: Massachusetts school district disavows policy of not letting students bring pencils to school [Slashdot]
State governors have big plans for liability reform. Maybe even loser-pays? [Carter at PoL, more; Florida, Indiana, Tennessee, Texas]
Parent who sent buzzworthy demand letter to Kansas City school board is a jazz musician [Wayward Blog, earlier]
From comic books to violent videogames: “Our puritanical progressives” [George Will]

Tags: free speech in Canada, freedom of contract, governors, juries, libel slander and defamation, loser pays, medical malpractice, schools, videogames

November 30 roundup is a post from Overlawyered - Chronicling the high cost of our legal system