Remember how the food safety crackdown was going to be a win-win affair for all of us, with only the sinister interests of Big Food having anything real to lose? New Orleans Times-Picayune:
In an effort to reduce cases of a rare, but potentially fatal, bacterial illness contracted from raw oysters, the FDA announced new rules this month that will require any oyster served from April through October to undergo a sterilization process before it can be sold in restaurants or on the market.
The rule will essentially eliminate raw oysters — at least as Louisianans know them — from restaurant menus for seven months of the year. Even oysters that will eventually be cooked during those months would have to go through the same cleansing process before being added to any dish, a move some say would undermine the culinary integrity of some of New Orleans’ most famous delicacies. …
C.J. Casamento, the owner of Casamento’s restaurant on Magazine Street, said many chefs have tried the sterilized oysters in the past but have stopped because the flavor isn’t the same. … “If they try to implement this, it will destroy all the raw oyster restaurants in the city.”
Another restaurant owner, Tommy Cvitanovich of Drago’s, called the rules “ludicrous”, pointing out that they will also require sterilization of oysters destined for cooked use in gumbos, broils and po’ boys. Processor Mike Voisin compared the new guidelines to a “nuclear bomb” on the oyster business. And Louisiana state health officials, as well as fisheries officials, have assailed the new rules as going too far.
Tagged as:
FDA,
food safety,
Louisiana
- NYC criminal defense lawyer and TV commentator Robert Simels convicted of witness tampering in closely watched case [NY Daily News and more, NYLJ, Greenfield, Simon/Legal Ethics Forum]
- Title IX suit says harassment by other students pushed school girl into anorexia, school should pay [Pittsburgh Post-Gazette]
- Federal judge upholds some Louisiana restrictions on lawyer advertising, but says rules on Internet communication unconstitutionally restrict speech [WAFB, Ron Coleman]
- “Woman Claims Display Was So Distracting, She Fell Over It” [Lowering the Bar; Santa Clara County, Calif. Dollar Tree]
- Associated Press now putting out softer line on blogger use of its copy, but is it a trap? [Felix Salmon, earlier]
- Update: Google ordered to identify person who set up nasty “skank” blog to attack NYC model [Fashionista, earlier here and here]
- Some speak as if lawsuits over “alienation of affections” a thing of the past, alas not so [Eugene Volokh, more, yet more; earlier]
- Connecticut: “State Holds Hearing On Whether Group Can Hand Out Food To The Poor” [Hartford Courant; "Food Not Bombs" group at Wesleyan]
Note: post was mistakenly titled as “August 22 roundup” at first, now fixed; thanks to reader Jonathan B. for catching.
Tagged as:
alienation of affection,
bullying,
Connecticut,
copyright,
defense lawyers,
ethics,
Google,
Louisiana,
Pittsburgh,
Title IX
- Driver on narcotic painkillers crashes car, lawyer says pharmacists liable [Las Vegas Review-Journal]
- Who’s that cyber-chasing the Buffalo Continental Air crash? Could it be noted San Francisco-based plaintiff’s firm Lieff Cabraser? [Turkewitz]
- Axl Rose no fan of former Guns N’ Roses bandmate or his royalty-seeking attorneys [Reuters]
- Cheese shop owner speaks out against punitive tariff on Roquefort, now due to take effect April 23 [video at Reason "Hit and Run", earlier]
- Too many cops and too many lawsuits in city schools, says Errol Louis [NY Daily News]
- Law professor and prominent blogger Ann Althouse is getting married — to one of her commenters. Congratulations! [her blog, Greenfield] Kalim Kassam wonders when we can look forward to the Meg Ryan film “You’ve Got Blog Comments”.
- “Louisiana panel recommends paying fees of wrongfully accused Dr. Anna Pou” (charged in deaths of patients during Hurricane Katrina) [NMissCommentor]
- U.K.: “Privacy Group Wants To Shut Down Google Street View” [Mashable]
Tagged as:
aviation,
chasing clients,
free trade,
Katrina,
legal blogs,
Lieff Cabraser,
Louisiana,
medical,
music and musicians,
Nevada,
NYC,
pharmaceuticals,
prosecution,
schools
- Newest “Trial Lawyers Inc.” report is on Louisiana [Manhattan Institute, Point of Law]
- Mel Weiss disbarred automatically w/strong language from judges [Matter of Weiss h/t @erwiest]
- Pro se claimant: I wrote down cure for cancer and then the darn hospital stole it! [Above the Law]
- “California Supreme Court Ruling May Deter Good Samaritans” [The Recorder; SF Chronicle with copious reader comments, GruntDoc, our coverage last year]
- Due diligence on dodgy funds? Sometimes it seems everyone’s relying on someone else to do that [Bronte Capital] Madoff fraud may date to 1970s, maybe “recent laxity” angle has been overdone [Securities Docket] “Ponzi crawl” = pub crawl whereby new person is added at each location and has to buy a round [Re Risk]
- Radley Balko on Julie Amero malware-prosecution story [Reason, earlier]
- Join Paul Ehrlich in some of the world’s most famously refuted predictions, and you too may get to be Obama’s science adviser [John Tierney/NYT, John Holdren]
Wisconsin Minnesota pig-sitter trial set for March, claim is that defendant let star porker overfeed and gain a hundred pounds [LaCrosse Tribune h/t @kevinokeefe]- More on the Patent and Trademark Office “acceptable error” employment case [Venture Chronicles, Jeff Nolan; earlier]
- Procter & Gamble “Satanism” case finally settles, soap giant got $19 million verdict against four Amway distributors who spread rumor [OnPoint News]
- Once filing of a suit severs the channels of communication, attorneys and clients alike begin to make up “what really happened” narratives [Settle It Now]
- Sometimes lawyers need to be formal. Don’t IM “Court denied your appeal u will b executed saturday thx” [Beck & Herrmann]
- Bangladesh hoping to build replica of Taj Mahal despite copyright claims [Times Online h/t @mglickman]
- Midnight regulations? “OMB Watch” vigilant (and with reason) during this R-2-D transition but sang different tune in 2000’s D-2-R [Gillespie, Reason]
Tagged as:
California,
copyright,
Good Samaritan,
hospitals,
Louisiana,
Manhattan Institute,
Melvyn Weiss,
patent quality,
pro se,
Wisconsin
And not a figurative brawl either: “fisticuffs broke out between attorneys Madro Bandaries and J. Robert Ates, who were pushing rival class-action suits about the late handling of insurance claims …[lead attorney Wiley] Beevers and Bandaries have traded hostile rhetoric in recent weeks as they try to gain advantage for their rival class-action suits against Louisiana Citizens Property Insurance Corp., which could produce $5 million in spoils for the victorious legal team.” (Rebecca Mowbray, “Brawl erupts between two lawyers at civil court”, New Orleans Times-Picayune, Dec. 16).
Tagged as:
civility,
class actions,
Louisiana,
New Orleans
- Businesswoman takes to her blog to criticize the business practices of a video-production firm, and then the lawsuit arrives [Inc. magazine via MediaBloggers; Vision Media Television v. Leslie Richard/Oko Box]
- Litigious Minneapolis strip club owner “sued a one-time housemate for, among other things, not returning some pillows and a coat rack.” [Star-Tribune via Obscure Store]
- Really now, says judge to Coughlin Stoia class-actioneers, $1,365.95/night in travel expenses is a bit rich in this Coke settlement [Krauss, PoL]
- L.A. attorney Terry Christensen sentenced to three years in Pellicano wiretap scandal [AP/Variety] Did L.A. Times skew coverage toward Pellicano defense? [Patterico, more]
- New Louisiana lawyer-ad rules: would they restrain lawyers from blogging or posting on Facebook/Twitter? [Coleman, Ribstein vs. O'Keefe vs. Greenfield]
- Electing public defenders is bad idea to start with, and things get particularly dicey when the local cops throw their support to one candidate [Balko, Reason "Hit and Run"; Jacksonville, Fla.]
- Online carpooling service? Great idea until the bus authorities get you closed down [Save PickUpPal in Ontario via Coyote; Canada]
- Horizon Blue Cross agrees to settle suit over coverage of eating disorders, will pay $1.18 million to some policyholders to cover extended bulimia and anorexia treatments, and $2.45 million to class action lawyers led by Bruce Nagel of Roseland, N.J. [NJLJ]
Tagged as:
Anthony Pellicano,
bloggers and the law,
Canada,
Coughlin Stoia,
Facebook,
Louisiana,
Minnesota,
police,
Twitter
“[Jerrold] Peterson said he was instructed to write up and file the denials [of pro se appeals by indigent convicts] without ever showing the appeals to the judges. Peterson handled about 2,400 such cases in the 13 years he was in charge of them.” (Radley Balko, Reason “Hit and Run”, Oct. 28). Under the court’s rules, “every criminal writ application is supposed to be reviewed by three judges”. Peterson committed suicide and his farewell note called attention to the scheme. (James Gill, New Orleans Times-Picayune, Oct. 10).
Tagged as:
crime and punishment,
judges,
Louisiana,
pro se
The Louisiana Attorney Disciplinary Board’s charges against attorney John M. Sharp, formerly managing partner in the firm Sharp Henry Cerniglia Colvin Weaver & Davis, may possibly recall the old joke: lawyer finds satchel of someone’s misplaced cash, followed by wrenching dilemma of legal ethics: should he tell the partners? (Karina Donica, “Attorney involved in city-Cleco case faces possible disbarment”, Town Talk (Alexandria, La.), Aug. 22)(via ABA Journal).
Tagged as:
blue-ribbon excuses,
ethics,
legal discipline,
Louisiana
- If you’re claiming benefits for “total and permanent” disability it’s probably best not to enter bodybuilding competitions [Boston Globe and more, firefighter Albert Arroyo] More: GruntDoc;
- From 1884 Montreal: actionable to snub a parishioner while taking collection in church? [Volokh]
- Follow the bouncing venue in lawsuits against Rick Frenkel and Cisco over Patent Troll Tracker blog [Texas Lawyer "Tex Parte" blog]
- Individual liberty was one reason Bill Gates was free to earn his billions, too bad he’s not doing more to advance it with his philanthropy [NYTimes, Bloomberg and "tobacco control"]
- Andrew Giuliani, son of the mayor, is suing Duke University for kicking him off its golf team [Newsday, Henican] More: complaint at Popehat;
- New at Point of Law: AAJ, formerly ATLA, has its convention in Philadelphia (more); bogeyman of supposedly ultraconservative Roberts Court; why must “trophy” federal courthouses have such soulless and uncomfortable design?; Congress gunning for arbitration; too bad NYT’s enthusiasm for transparent public contracting on corporate monitors doesn’t carry over to other lawyer-hiring; the Delaware advantage in court organization; as we keep asking, what happened to Ron Motley’s yacht? and much more;
- Dr. Anna Pou, New Orleans cancer surgeon whose prosecution after Katrina roused intense controversy, recounts her experience [AP via Folo]
- “Unreal world of greed”: California appeals court throws out $88 million fee-arbitration award to Milberg Weiss and other firms following challenge to “smog impact fees” [six years ago on Overlawyered]
Tagged as:
AAJ,
arbitration,
Bill Gates,
Boston,
churches,
Cisco,
colleges and universities,
crime and punishment,
Delaware,
firefighters,
Katrina,
Louisiana,
Michael Bloomberg,
Patent Troll Tracker,
Rick Frenkel,
sports,
tobacco
- “I believe it’s frivolous; I believe it’s ridiculous, and I believe it’s asinine”: Little Rock police union votes lopsidedly not to join federal “don/doff” wage-hour lawsuit asking pay for time spent on uniform changes [Arkansas Democrat Gazette courtesy U.S. Chamber]
- Must-read Roger Parloff piece on furor over law professors’ selling of ethics opinions [Fortune; background links @ PoL]
- Too rough on judge-bribing Mississippi lawyers? Like Rep. Conyers at House Judiciary, but maybe not for same reasons, we welcome renewed attention to Paul Minor case [Clarion-Ledger]
- American Airlines backs off its plan to put Logan skycaps on salary-only following loss in tip litigation [Boston Globe; earlier]
- U.K.: Infamous Yorkshire Ripper makes legal bid for freedom, civil liberties lawyer says his human rights have been breached [Independent]
- In long-running campaign to overturn Feres immunity for Army docs, latest claim is that military knowingly withholds needed therapy so as to return soldiers to front faster [New York Rep. Maurice Hinchey on CBS; a different view from Happy Hospitalist via KevinMD]
- Profs. Alan Dershowitz and Robert Blakey hired to back claim that Russian government can invoke U.S. RICO law in its own courts to sue Bank of New York for $22 billion [WSJ law blog, earlier @ PoL]
- Minnesota Supreme Court declines to ban spanking by parents [Star-Tribune, Pioneer Press]
- Following that very odd $112 million award (knocked down from $1 billion) to Louisiana family in Exxon v. Grefer, it’s the oil firm’s turn to offer payouts to local neighbors suffering common ailments [Times-Picayune, UPI]
- AG Jerry Brown “has been suing, or threatening to sue, just about anyone who doesn’t immediately adhere” to his vision of building California cities up rather than out [Dan Walters/syndicated]
- Virginia high school principal ruled entitled to disability for his compulsion to sexually harass women [eight years ago on Overlawyered]
Tagged as:
airlines,
California,
child protection,
environment,
ethics,
Jerry Brown,
labor unions,
law schools,
Louisiana,
Minnesota,
Paul Minor,
prisoners,
racketeering and RICO,
Russia,
United Kingdom,
wage and hour suits
- More on that New Mexico claim of “electro-sensitive” Wi-Fi allergy: quoted complainant is a longtime activist who’s written an anti-microwave book [VNUNet, USA Today "On Deadline" via ABA Journal]
- Your wisecracks belong to us: “Giant Wall of Legal Disclaimers” at Monsters Inc. Laugh Floor at Disneyland [Lileks; h/t Carter Wood]
- New at Point of Law: AAJ commissions a poll on arbitration and gets the results it wants; carbon nanotubes, tomorrow’s asbestos? California will require lawyers operating without professional liability insurance to inform clients of that fact (earlier here and here); and much more.
- Actuaries being sued for underestimating funding woes of public pension plans [NY Times via ABA Journal]
- City of Santa Monica and other defendants will pay $21 million to wrap up lawsuits from elderly driver’s 2003 rampage through downtown farmers’ market [L.A. Times; earlier]
- Sequel to Giants Stadium/Aramark dramshop case, which won a gigantic award later set aside, is fee claim by fired lawyer for plaintiff [NJLJ; Rosemarie Arnold site]
- Privacy law with an asterisk: federal law curbing access to drivers license databases has exemption that lets lawyers purchase personal data to help in litigation [Daily Business Review]
- Terror of FEMA: formaldehyde in Katrina trailers looks to emerge as mass toxic injury claim, and maybe we’ll find out fifteen years hence whether there was anything to it [AP/NOCB]
- Suit by “ABC” firm alleges that Yellow Book let other advertisers improperly sneak in with earlier alphabetical entries [Madison County Record]
- Gun law compliance, something for the little people? A tale from Chicago’s Board of Aldermen [Sun-Times, Ald. Richard Mell]
- Think twice about commissioning a mural for your building since federal law may restrain you from reclaiming the wall at a later date [four years ago on Overlawyered]
Tagged as:
AAJ,
amusement parks,
Aramark,
arbitration,
autos,
Chicago,
copyright,
deep pocket,
disabled rights,
Disney,
dramshop statutes,
environment,
for me but not for thee,
guns,
Katrina,
lawyering vs. privacy,
Los Angeles,
Louisiana,
Madison County,
Mississippi,
New Mexico,
roads and streets,
taxpayers
- Telemarketers working for lawyers and chiropractors “line up every day” at police and public records offices to buy car-crash records [Dallas Morning News]
- Nice work if you can get it: Bernardine Dohrn’s terrorist-to-lawprof career track [Kass, Chapman @ Chicago Tribune, Ed Morrissey/HotAir, PoL, Horowitz/DtN, Daily Northwestern/FrontPage, Malkin, Power Line]
- Mystery of embattled Florida debt-relief law firm Hess Kennedy (Mar. 6) deepens as whereabouts of lawyer Edward Kennedy are questioned [ABA Journal]
- Criticism mounts of Calif. AG Jerry Brown’s lawsuits using global warming theories to force higher-density development [Stewart/LA Weekly, Walters/SacBee, via Kaus, scroll]
- Kevin Pho (KevinMD.com) on defensive medicine [USA Today]
- Colorado firm says lawsuit’s “settlement mill” allegations are concocted “by a competitor who doesn’t like (Azar’s) advertising.” [Colorado Springs Gazette]
- Hey, you can rig up a disposable camera to give you a little shock; it might also give you a D felony record under school zero tolerance [WTNH via Greenfield]
- One good thing about those anonymous snitchlines for domestic abuse, you don’t have to worry about bogus calls or anything like that [Colorado Springs Gazette on Texas polygamist raid backstory]
- Lawyers get $2 million in fees in Netflix class action [WSJ law blog; earlier]
- Supreme Court refuses cert on that very curious $112 million (originally $1 billion) land-contamination verdict from Louisiana [Exxon v. Grefer, Dow Jones/Fortune; CalPunitives link roundup; earlier; more background at Laura Hart/Louisiana Law Blog]
- Cow-pie bingo event falls victim to liability fears [three years ago on Overlawyered]
Tagged as:
attorneys general,
attorneys' fees,
Bernardine Dohrn,
chasing clients,
class action settlements,
Colorado,
Dallas,
defensive medicine,
Exxon,
global warming,
Hess Kennedy,
jackpot justice,
Jerry Brown,
Louisiana,
punitive damages,
regulation through litigation,
roundups,
zero tolerance
The ten big donors who bootlessly pledged up to $12 million include some familiar names, such as John Eddie Williams and Peter Angelos, as well as a new one, Calvin C. Fayard, Jr., of the firm Fayard & Honeycutt, A.P.C., who boasts connections with former Louisiana AG Charles Foti (Folo, Mar. 20; “Michigan Missives”, The Caucus (NY Times), Mar. 19).
Tagged as:
Hillary Clinton,
Louisiana,
Michigan,
politics,
tobacco
Eli Lehrer of Competitive Enterprise Institute has some nominees, including Virginia’s ban on most versions of sangria, discussed by Ted earlier, and Louisiana’s prohibition on arranging flowers for sale without a license (Feb. 25).
Tagged as:
Louisiana
