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Missouri

Wurst-case scenario comes true: “The Missouri Supreme Court has ruled on behalf of a baseball fan who says he was hit in the eye with a hot dog thrown by Sluggerrr, the Kansas City Royals mascot.” The court overruled a trial judge who had instructed jurors that they could find the flying foodstuff to be an assumed risk of attending a Royals game. [Debra Cassens Weiss, ABA Journal; earlier]

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“Concerns about insurance requirements will keep a southwest Missouri high school team from participating in the first high school bass pro fishing tournament in June.” The insurer for the Nixa High School angling team said it had only suggested, not required, “such things as having the volunteer boaters take a Coast Guard certification course at a cost of about $400 each, and to be CPR- and first-aid trained and requiring students and boat captains to wear specific safety glasses.” [AP/Houston Chronicle; Springfield News-Leader]

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  • Furor grows over Obama administration’s Operation Chokepoint program chilling bank access for legal but disfavored groups [Iain Murray, Elizabeth Nolan Brown, FDIC list (not just payday lenders but also lawful purveyors of pills, guns, ammunition, and much more), Hans Bader] Parallel, though not happening under same program: JP Morgan abruptly closes accounts of former Colombia finance minister who is a renowned international economist, apparently because he made it onto a list of diplomats and other “politically exposed persons” statistically associated with legal risks and high compliance costs [Business Insider] Update via Nolan followup: Dana Liebelson at Mother Jones quotes anonymous bank officials as claiming that some account closures are wrongly being attributed to the program, but even in defending it concedes that should banks opt for continuing to service clients in disfavored lines of business they will shoulder distinctive (maybe decisive) compliance costs from “manag[ing] these relationships and risks,” engaging in due diligence, etc. Also, lawmakers like Sens. Jeff Merkley (D-Ore.) and Elizabeth Warren (D-Mass.) and Rep. Elijah Cummings (D-Md.) back the program; besides, this isn’t “the first time that feds have asked banks to keep an eye on their customers” since the Know Your Customer program goes back some years. So that’s comforting!
  • “Court: Standard & Poor’s is entitled to discovery supporting its ‘selective prosecution’ claim” [Volokh, earlier here and here]
  • “Plaintiff? Is That Really Necessary In A Class Action?” [Daniel Fisher on ZymoGenetics case]
  • Backed by hedge fund, lawyers exploit anti-terror law to squeeze global banks [Norman Lamont, New York Post]
  • “CEO facial masculinity predicts firm’s likelihood of being subject to SEC enforcement action” [Jia, Van Lent, and Zeng, SSRN via @brucecarton]
  • “Reflections on High Frequency Trading” [Robert Levy, Cato]
  • Banks finally lay to rest long-running litigation under Missouri second-mortgage law (MSMLA), though only after one Kansas City law firm ran up more than $600 million in settlements [Litigation Daily]

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Court order muzzles gun advocate after his arrest [ACLU of Missouri]:

To express his opinion that Officer [Jerry] Bledsoe was using his position to harass him for exercising his Second Amendment rights, [Jordan] Klaffer posted recordings of the May 1 encounter on YouTube and Facebook. And, on Instagram, he posted a picture of Bledsoe alongside a photo of Saddam Hussein, with the caption “Striking Resemblance.”

Officer Bledsoe retaliated by obtaining a court order that prevented Mr. Klaffer from posting videos, pictures, and text data criticizing Officer Bledsoe on the Internet. “A government order prohibiting criticism of government is the worst kind of censorship,” explains Tony Rothert, legal director of the ACLU of Missouri.

Meanwhile: Virginia state trooper sues police activist in small claims court over his actions and statements following a traffic stop of his car in which she participated, the videos of which wound up on YouTube.

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And the curious thing is, they’re from prosecutors. “The prosecutors’ office replaced part-time assistant prosecutors with full-time positions in 2011. Eight of the part-time employees who were replaced sued the city for age, race and/or gender discrimination, The Kansas City Star reported. … The eight former assistant city prosecutors filed their lawsuits individually and alleged different circumstances.” [Claims Journal]

“Jovan Belcher’s mother has filed a wrongful-death suit against the Chiefs, seeking unspecified damages after the former linebacker killed his girlfriend and himself in December 2012. The lawsuit… also alleges that the team … knew, or should’ve known, that Belcher showed signs of cognitive and neuro-psychiatric impairment.” [Kansas City Star]

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Medical roundup

by Walter Olson on November 27, 2013

  • “In a nationally representative sample, higher patient satisfaction was associated with…increased mortality.” [White Coat/BirdStrike]
  • Low premiums! Few glitches! Larger states “working faithfully to implement the law with as few glitches as possible”! New Yorker’s Oct. 7 “Talk of the Town” on ACA’s smooth launch is a retrospective hoot;
  • Massachusetts Nurses Association goes all Venezuelan on hospital governance [Ira Stoll]
  • “Can a healthcare provider make an arbitration agreement with patients for resolving future malpractice disputes?” [Alex Stein]
  • “FDA Proposal To Curb Painkiller Overdose Deaths Would Add Burdens For Pain Patients” [Radley Balko]
  • Georgia DUI expert in hot water [PennLive] “Deconstructing the mechanical engineer” [Manhattan; Eric Turkewitz]
  • “FDA Suspension of Ponatinib: Serious Problem, Wrong Solution” [Richard Epstein, leukemia drug]
  • “Missouri Lawmakers Override Veto to Enact Good Samaritan Law” [Michael Cannon, Cato]

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A mascot for the Kansas City Royals threw a wrapped hot dog into the stands, which injured a fan. A jury rejected his claim, but an appeals court reinstated it, and the Missouri Supreme Court is now considering whether the traditional principle that cuts off liability for foul balls and other expected projectiles should cover even the wurst case. [AP, earlier] More: Lowering the Bar.

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“Shannon Renee McNeal was torn from her screaming children by police who were seeking a woman with a similar name — a woman who they should have known had been murdered seven months before.” [St. Louis Post-Dispatch via Radley Balko]

More of the week’s awful-police-happenings coverage: Atlantic City beating and canine attack [Tim Lynch, Cato]; Ames, Ia. police shoot and kill son after dad calls to report he’s taken truck without permission [Des Moines Register]; “Man Dies In Jail Cell After Misdemeanor Pot Offense” [Snohomish County, Wash., severe allergies; Radley Balko again]; New Mexico man’s lawsuit alleges “worst traffic stop ever” [Jalopnik, Popehat, Lowering the Bar and more, Orin Kerr, Michelle Meyer/Faculty Lounge]

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Medical roundup

by Walter Olson on October 25, 2013

  • Sen.-elect Cory Booker (and Mayor Bloomberg too) on liability reform and fixing health care [NJLRA] How plaintiff’s lawyers get around caps [Alex Stein, Bill of Health] Missouri protects health volunteer workers [John Ross]
  • Like an Ayn Rand novel: Massachusetts ballot initiative pushes confiscation of private hospital profits [Ira Stoll, NY Sun]
  • Advice: plan now to lower your 2014 income to get valuable ObamaCare subsidies [San Francisco Chronicle]
  • Medicare comes off poorly: “Quality Of Care Within Same Hospital Varies By Insurance Type” [Tyler Cowen]
  • Revisiting a panic over alleged mass drug injury: “Avandia’s posthumous pardon” [David Oliver, earlier here and at Point of Law]
  • Louisiana lawmakers use malpractice statute to discourage abortion [Alex Stein, Bill of Health]
  • Georgia committee looks at plan to replace med-mal suits with administered compensation [Georgia Report via TortsProf, Daily Report Online (constitutionality), Insurance Journal]
  • Uwe Reinhardt on professional licensure and doctors’ monopoly [David Henderson]

At 5 a.m., although the seating area of the fast-food restaurant was closed, the drive-through window was still filling orders. Some people were partying in the parking lot when Ali Aziz and a friend arrived. The friend got into an altercation with the partiers, Aziz stepped in and was beaten and nearly killed, suffering brain damage. Lawyers proceeded to argue that the fast-food chain should have trained its employees better and failed to follow its own procedures for handling disruptive customers. “The jury award was actually for $25 million but was reduced to $20.5 million because jurors found Aziz was partially to blame for his involvement in the fight.” [St. Louis Post-Dispatch]

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Labor and employment roundup

by Walter Olson on February 28, 2013

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Torts roundup

by Walter Olson on February 13, 2013

  • Officials: “36% of car-insure claims bogus” in NYC [NY Post]
  • Unseen but looks promising: “Cultures of Tort Law in Europe” [Journal of European Tort Law via TortsProf]
  • “The Limits of Texting Accident Lawsuits” [Ronald Miller]
  • Lawmakers wonder whether there’s some way around Missouri Supreme Court’s “no med-mal reform on our watch” attitude [Kansas City Star]
  • Trial lawyers unhappy as Michigan high court toughens standards on slip-fall suits [AP/Detroit News]
  • Fast track: Illinois legislature moves to increase fees lawyers can recover in med-mal cases [Madison-St. Clair Record]
  • New Jersey municipalities have stake in litigation reform [NJLRA]

Medical roundup

by Walter Olson on September 28, 2012

Free speech roundup

by Walter Olson on September 20, 2012

  • Already firebombed once: “Satirical French Magazine Publishes Caricatures Of Mohammed, White House Rebukes.” [Mediaite] More calls for punishing makers of anti-Muslim YouTube video for supposed incitement [Ann Althouse on Sarah Chayes, earlier here and here; also, the late Christopher Hitchens on "fire in a crowded theater" arguments] “The people who instigate these protests seek a very particular goal: an extension of Egyptian and Pakistani style blasphemy laws into the West.” [David Frum]
  • “$60,000 Verdict for Blogging the Truth About A Person Intending to Get Him Fired – Reversed” [Volokh]
  • Judge closes probe of opinion-maker influence in Google-Oracle battle [The Recorder, earlier]
  • Weight-loss device promoter files, then drops suit against Public Citizen, consumerist website Fair Warning [Paul Alan Levy, Fair Warning]
  • “How Ag Gag Laws Suppress Free Speech and the Marketplace of Ideas” [Baylen Linnekin, earlier here, etc.]
  • Big government Republicans in charge: “GOP Platform Changed To Now Target All Forms Of Pornography” [Andrew Kirell, Mediaite; Volokh]
  • Missouri activist starts website criticizing local cops and soon the department’s halls display what looks very much like a “Wanted” poster of him [Eapen Thampy, Agitator]

Way to make the country less free, guys [Missouri Freedom Watch] More: Stephen Bainbridge, Charles Sullivan on Mitchell v. University of Kentucky.

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