Posts tagged as:

Missouri

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.

{ 2 comments }

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]

{ 0 comments }

“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]

{ 12 comments }

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]

{ 1 comment }

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.

{ 4 comments }

“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]

{ 4 comments }

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]

{ 6 comments }

Labor and employment roundup

by Walter Olson on February 28, 2013

{ 2 comments }

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.

{ 5 comments }

November 23 roundup

by Walter Olson on November 23, 2011

  • Big win for Ted Frank against cy pres slush funds [CCAF, Fisher, Zywicki, CL&P, @tedfrank ("Ninth Circuit rules in my favor ... but I still think I'm right".)]
  • “Can the Vatican Be Subject to ICC Prosecution?” [Ku/OJ]
  • “Tennessee: ATS Sues City Over Right Turn Ticket Money” [The Newspaper]
  • “Law firms dominating campaign contributions to Obama” [WaPo]
  • Does that mean it’s an entitlement? Punitive damage limits face constitutional challenges in Arkansas, Missouri [Cal Punitives]
  • Businessman sues to silence critical blogger, case is dismissed, now files suit #2 [Scott Greenfield]
  • Going Hollywood? “The Supreme Court should move to Los Angeles” [Conor Friedersdorf]

{ 2 comments }

They say John Dollarhite of Nixa, Missouri “sold rabbits and guinea pigs without a license from the U.S. Department of Agriculture.” Dollarhite says he can’t afford the fine and says the business was started by his son, then a child; it “made about $200 in profit from April 2008 to December 2009 from selling rabbits for $10 or $12 apiece.” [Springfield News-Leader]

{ 2 comments }

Crestwood, Mo.: “The Starbucks coffee shop here should have known it was inviting trouble by placing a tip jar on an open counter, according to a wrongful-death lawsuit filed by the estate of a customer who died defending it.” Customer Roger Kreutz saw a teenager grab the jar and gave chase on foot; he was killed when the miscreant backed his car over him. Kreutz’s estate has now filed a suit alleging “that Starbucks ‘did not employ security to prevent the perpetration of such crimes’ and that it ‘invited the act of perpetration of said crime’ by having a tip jar.” [St. Louis Post-Dispatch]

{ 10 comments }

The City Museum in St. Louis is not your usual assemblage of annotated exhibits: it’s a thrill-seeker’s delight, with a giant jungle gym and slides, described as a cross between “a playground and a theme park,” and a huge success that draws 700,000 visitors a year. It also has been sued numerous times by patrons who managed to get hurt on its determinedly non-soft surfaces, and unlike the great majority of defendants, it has chosen not to clam up when sued. As the St. Louis Post-Dispatch relates, the quirky museum used its Facebook page to call out by name some plaintiffs who have sued after taking (in its view) inadequate care for their own safety and, somewhat more acerbically, the lawyers who prosecute the suits. Its news release has more:

Just to give you a quick glimpse into what we go through at the City Museum, a couple of years ago our rock fell 4 feet. The next day we had over 12 people call and tell us they were injured when the rock fell. To investigate these claims, we reviewed the video of the rock falling and we posted the video clearly showing that there was no one next to the rock when it fell on our website. When this was brought to several of the caller’s attention they either hung up or changed their stories.

From a Wall Street Journal account (attorneys “take the fun out of life”):

A sign near the admission gate gives the names and phone numbers of law firms that have represented people who sued the museum, blaming them for a 9% surcharge recently added to the cost of a ticket.

More: Shield of Achilles (“naming and shaming”), Free-Range Kids (with reader comments).

{ 7 comments }