Nebraska inmate Randall Robbins II is serving time for strangling his girlfriend and blames the antidepressant pill. He wants millions from Pfizer and a Lincoln doctor. [AP/Forbes]
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Posts tagged as:
Nebraska
Dismissing a police officer for being out of shape is one thing, making it stick in court is another.
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Sen. Ernie Chambers of Omaha has lost another round in his legal jousting with the Almighty. [CBS4Denver, Lowering the Bar, earlier here and here]
It’s happening at the Morton James Public Library in Nebraska City, Neb.:
A federal child product safety law has staff at the Morton James Public Library quarantining books behind bright orange plastic and wondering how many must be pulled forever from the shelves. …
Over 1,000 books with 1985 or older on the copyright page have already been quarantined behind an orange curtain.
Library Director Barbara Hegr said librarians will try to determine if the edition is a printing after the copyright date, so the book may be preserved.
Click through to the news story at the Nebraska City News-Press for more details, as well as a photo you may not soon forget. You can also Digg the story here.
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The divorce between Dr. Richard Batista of Ronkonkoma, Long Island, New York, and his wife Dawn has taken an unfortunate turn with Dr. Batista’s demand that she return his left kidney, which he had donated to her in a transplant operation. (Or at least its fair market value) Experts predict that the court will be less than sympathetic to his request [SSFC; Sally Satel, Daily Beast] And in Nebraska, the essential level of trust and goodwill that one would hope to see in a divorce has been undercut by William Lewton’s discovery of a secret recording device concealed in his four year old daughter’s teddy bear [WSJ Law Blog]
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- Days of “Clean up your room or I’ll drop you off in Nebraska” threat may be numbered [NY Times; earlier] #
- Bigger jury verdicts during the holidays? A bit of legal folklore is disproved (at least if you posit that the cases docketed at that time of year are a random selection) [Point of Law] #
- NY budgeters, dependent on Wall Street tax revenue, built a public sector house of cards [McMahon/City Journal] #
- Funniest Photoshop: “Toto, I have a feeling we are not in Alaska anymore” [Zincavage] #
- Why they call it Euro-sclerosis [Coyote] #
- Hey, that Jon Bon Jovi baseball anthem sounds familiar, make the check out for $400 billion please [Boston Herald]
- Cyrus Sanai, known for dogged campaign against Judge Kozinski, is back with a new 80-page complaint which also names “10 other district court and 9th Circuit judges who have been assigned to his family’s case at one time or another.” [NLJ]
- More on English “no barbed wire on allotments” rules: “I am replacing the glass in the windows of my house with tissue paper, so that burglars — poor lambs — will not cut themselves while breaking and entering.” [Dalrymple, City Journal]
- Ethical alarms should go off when criminal defense lawyers’ marketing hints at insider pull or former-prosecutor clout [Greenfield]
- Annals of public employee tenure: firing a cop in Chicago sure isn’t easy [TalkLeft, FOI files on Gerald Callahan and William Cozzi cases at Chicago Justice Project]
- Gigantic government database of cellphone users planned for U.K. [Massie]
- Babies only, please: Nebraska backs off from its dump-a-teen “safe haven” parental abandonment law [Althouse, earlier]
- Some Israelis may be overly cheery in welcoming presumed benefits of consumer class actions [Karlsgodt citing Jerusalem Post editorial]
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“Judge Marlon Polk threw it out stating that [Nebraska state Sen. Ernie] Chambers can’t sue God if he can’t serve papers on him.” (WOWT, Oct. 15; earlier).
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- Don’t kvetch about Krugman Nobel, it’s for his work in economics not his politics [Cowen, MargRev] #
- “Law Grad Cited for Frivolous Suits is Source of Obama Muslim Rumors” [ABA Journal] #
- Garrison Keillor reads a poem on product warnings [Point of Law] #
- Last will and testament, handwritten on a shopping list [Giacalone] #
- Fast, fast relief from troublesome teens, just drop ‘em in Nebraska [Houston Chronicle] #
- Michael Arrington: “suing someone to get them to return your calls is not exactly a sign of brilliance” [TechCrunch via Blawg Review #181 at Mediation Channel] #
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When driving through the hamburger chain’s order line, Karen Tumeh, who is hearing-impaired, doesn’t like to use the order box, which she says makes her hearing aid screech. Her lawsuit apparently construes the Americans with Disabilities Act as entitling her instead to place her order upon arriving at the pickup window and wait there until it is ready, even if other customers are lined up behind her. Employees at a Lincoln, Neb. outlet of the hamburger chain allegedly told her that if she couldn’t or wouldn’t use the order box she should come inside and order from the counter rather than hold up other patrons in the car line. (Clarence Mabin, “Hearing-impaired woman sues McDonald’s”, Jul. 15; AP/Omaha World Herald, Jul. 16).
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- “Woman who ‘lost count after drinking 14 vodkas’ awarded £7,000 over New Year fall from bridge” [The Scotsman]
- Bar committee recommends disbarment for Beverly Hills lawyer who “played the courts like a bully in a child’s game of dodgeball” [Blogonaut (with response by attorney) via ABA Journal]
- Shot and paralyzed in parking lot of South Florida strip club, cared for back home in Tunisia, Sami Barrak is now $26 million richer by way of his negligent-security suit [Sun-Sentinel] Earlier Florida negligent-security here, here, and here.
- Canadian government orders airlines to stop charging the severely obese the price of a second seat [Winnipeg Free Press; earlier]
- Study of head-injury victims in Spain finds “nearly half of the people who go to court feign psycho-cognitive disorders with the objective of profiting from this in some way.” [Science Daily]
- Federal judge vacates $1.75 million verdict, questions reliability of expert testimony in Nebraska recovered-memory sex abuse case [Lincoln Journal-Star, AP/Sioux City Journal]
- Confess your thoughts, citizen: Ezra Levant on his interrogation by official panel in Canada for publishing Mohammed cartoons [Globe & Mail; earlier]
- Class-action lawyers continue to hop on glitches with Xbox Live, Halo 3 and related Microsoft gaming systems [Ars Technica, News.com; earlier here and here]
- Bay Area proposal to ban much burning of wood in fireplaces and stoves (Nov. 30, etc.) draws strong reactions both ways [SF Chronicle]
- Harder to get into Ringling Bros.’s Clown College than law school, says man who attended both [six years ago on Overlawyered]
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- Client’s suit against Houston tort lawyer George Fleming alleges that cost of echocardiograms done on other prospective clients was deducted as expenses from her fen-phen settlement [Texas Lawyer]
- Preparing to administer bar exam, New York Board of Law Examiners isn’t taking any chances, will require hopefuls to sign liability waivers [ABA Journal]
- Thanks to Steven Erickson for guestblogging last week, check out his blogging elsewhere [Crime & Consequences, e.g.]
- “Freedom of speech” regarded as Yankee concept at Canadian tribunal? [Steyn @ NRO Corner; reactions]
- Court rules Dan Rather suit against CBS can go to discovery [NYMag; earlier here, here]
- Served seventeen years in prison on conviction for murdering his parents, till doubts on his guilt grew too loud to ignore [Martin Tankleff case]
- Orin Kerr and commenters discuss Gomez v. Pueblo County, the recent case where inmate sued jail for (among other things) making it too easy for him to escape [Volokh]
- New at Point of Law: Cleveland’s suit against subprime lending is even worse than Baltimore’s; Massachusetts takes our advice and adopts payee notification; law firm websites often promote medical misinformation; lawyer for skier suing 8-year-old boy wants court to stop family from talking to the press; Ted rounds up developments in Vioxx litigation once and then again; guess where you’ll find a handsome statue of Adam Smith; and much more;
- Good news for “resourceful cuckolds” as courts let stand $750,000 alienation of affection award to wronged Mississippi husband [The Line Is Here; ABCNews.com]
- Kimball County, Nebraska cops don’t know whether that $69,040 in cash they seized from a car is going to be traceable to drug traffickers, but plan to keep it in any case [Omaha World-Herald via The Line Is Here]
- Hunter falls out of tree, and Geoffrey Fieger finds someone for him to sue [seven years ago on Overlawyered]
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Sen. Ernie Chambers does not deny the silliness of his complaint against Jehovah over natural disasters and the like, but says it’s meant to make a serious point. You might think that the point would have to be how little sense it makes to give anyone the power to sue anyone over anything, but it turns out that Sen. Chambers actually opposes proposals in Nebraska to restrict the filing of meritless lawsuits, and thinks, with perhaps elusive logic, that his stunt somehow will make people agree with him on that. (KPTM with filing in PDF format, KETV, FoxNews.com, AP/Omaha.com, Volokh). The best picture to run with the story is definitely the Apr. 12, 2006 file photo at MyWay/AP News. Update Oct. 15, 2008: judge throws out suit.
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- Pearson Pants update: dry cleaners offered to drop their fee demand if Pearson would end case, but he declined [Marc Fisher, other Washington Post coverage, Beldar]
- Check your oil, ma’am? On second thought, if it’s going to get us sued, never mind [Reiland/Pittsburgh Tribune-Review]
- “Surprising and uncommon” resolution of med-mal case: Nebraska Methodist Health System admits error, cooperates with family on video memorializing victim and educating other hospitals about aortic dissection [Omaha World-Herald, Chamber reprint]
- Heated email exchange between perennial Overlawyered favorite Jack Thompson and Take Two game company exec [Ambrogi]
- Putting her image on a Hallmark card? Now that’s degrading and exploitative enough to make Paris Hilton want to sue [K.C. Star]
- Uncle sues nephew over season tickets to Chicago Bears at 40-yard line [Crain's Chicago Business]
- Hurt her teeth on McDonald’s cherry pie, hurt her teeth on cheeseburger soon after — and what’s this about forged dental-work receipts? [Seattle Times]
- Wisconsin snuff users may soon be rolling in coupons following settlement of antitrust class action, lawyers to pocket $17 million [AP/Green Bay Press-Gazette]
- New at Point of Law: fiasco of UC Irvine’s withdrawn offer to Chemerinsky; judge says $500/hr is enough for lawyers in Northwest bankruptcy; law firm advertises for heart attack victims to sue over lack of defibrillators in public places; Astroturf detected in Washington-state insurance-suit referendum fight; NY Times takes skeptical look at Mount Sinai’s Selikoff Center; Jerry Brown sure fooled us, says San Diego paper; Ted expands his empire; and much more;
- A topic on which we’ve had a lot to say over the years — to what extent does the Americans with Disabilities Act apply to websites? — may be heating up again [Corporate Counsel]
- Thanks for the incoming links from, among others, Instapundit (on Ted’s reclining-car-seat post, which has drawn a bodacious number of comments), Patterico (on Jarek Molski), Bainbridge (on animal welfare laws), and Adam Smith Institute (on lawyers suing each other: “Such a pity that only one side can lose”.)
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The Federalist Society has posted a podcast of their recent panel:
Recently there has been growing discussion concerning the appropriate role of state Attorneys General. Some argue that state AGs have overstepped their boundary by prosecuting cases and negotiating settlements that have had extraterritorial effects, and sometimes even national effects. Others argue that state AGs are simply filling a vacuum left by the failure of others (for example, federal agencies) to attend to these issues. In light of this debate, the Federalist Society hosted a panel in Washington, D.C. featuring several state Attorneys General who discussed the proper role of state AGs.Panelists included:
* Hon. Bob McDonnell, Attorney General of Virginia
* Hon. Donald Stenberg, former Attorney General of Nebraska; Erickson & Sederstrom
* Hon. John Suthers, Attorney General of Colorado
* Hon. J. B. Van Hollen, Attorney General of Wisconsin
* Ms. Peggy Little, Little & Little; Director, Federalist Society Pro Bono Center, Moderator
Given the economic costs imposed by today’s legal system (a staggering $865 billion per year according to one recent estimate), it’s surprising more companies don’t take into account a state’s liability climate when making critical decisions like where to open a new plant or invest in existing facilities.
A new report could help change that.
Risky Business: The Annual Boardroom Guide to Litigation in the 50 States provides the first ever ranking of state legal environments that combines economic science, real world corporate experience and input from state legal reform experts – people with the most current intelligence from the front lines.
It builds on a few landmark studies, including the American Tort Reform Association’s “Judicial Hellholes,” the Pacific Research Institute’s U.S. Tort Liability Index, and the Institute for Legal Reform/Harris Interactive survey.
So where are the soundest states – and where is the swampland?
Nebraska and Virginia top the list with the best legal climates. What do they have in common? Reasonable limits on punitive damages, a “rule of law” majority on the state Supreme Court, and Attorneys General who specialize in law enforcement, not grabbing the spotlight at the expense of businesses.
In stark contrast, West Virginia, Rhode Island and Florida round out the bottom of the list. All have activist Supreme Court majorities who consistently rule in favor of trial lawyers. West Virginia has a governor who supports legal reform – a reminder that having a pro-reform governor does not necessarily translate into a sound legal environment.
To see the full list go here.
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A Nebraska state trooper stopped Emiliano Gomez Gonzolez for speeding on Interstate 80 in 2003 in his rental car, then proceeded to seize $124,000 from a cooler in the back seat. According to the Eighth Circuit U.S. Court of Appeals (opinion, PDF), Nebraska was within its rights to seize the $124,000 as presumed drug money (it then became the subject of a federal forfeiture action) even though 1) Gonzolez had no substantial or drug-related criminal record; 2) witnesses backed up his claim that the money had been pooled by several immigrants for purposes of buying a refrigerated truck for his produce business. Gonzolez had initially denied carrying money, and a drug-sniffing dog had detected drug residues in the rental car, though the same would probably prove true of many other rental cars. (”Court rules 2003 money seizure correct despite no drugs found”, AP/Sioux City Journal, Aug. 19; TheNewspaper.com, Aug. 19; libertarian blogs galore including KipEsquire, Radley Balko, Unrepentant Individual). Mike Cernovich (Aug. 21) analyzes what he finds the dubious maneuvers of the Eighth Circuit panel majority in dodging the requirement of deference to the trial court judge’s findings.
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Over-riding the Governor’s veto, the Kansas legislature has enacted a “Shall Issue” law for issuing licenses to carry a concealed handgun for lawful protection. Before, Kansas was one of only four states without any provision for issuing concealed handgun licenses. One of the remaining three states, Nebraska, appears poised to enact a similar law, which the Governor has said he will sign.
Kansas is now among the 39 states which have a fair procedure to allow citizens to carry handguns for protection. Along with the three states (Nebraska, Wisconsin, IIllinois) that currently do not issue permits, eight other states issue permits according to the whim of a local official (Hawaii, California, Maryland, New Jersey, New York, Massachusetts, Rhode Island, and Delaware). A Shall Issue bill is moving through the legislature in Delaware. Rhode Island already has a Shall Issue law, although the law is nullified by administrative practice.
In Wisconsin, a Shall Iissue bill has been vetoed twice, with the vetos sustained by only one or two votes. In every state where Shall Issue proponents have gotten as close as they have in Wisconsin, the state has always eventually enacted a Shall Issue law–although sometimes the process can take a while.
So of the eleven remaining states that are not Shall Issue, two of them (Nebraska and Wisconsin) are nearly certain to change at some point in the future, and there is reasonable possiblity of change in Delaware. All that Rhode Island needs to change is the election of Attorney General who will not interfere with the state law that local goverments must issue carry permits to qualified applicants.
So the number of Shall Issue states could be 43 in the not too distant future. In the seven hold-out states, Shall Issue has passed one body of the legislature at least once in the three largest states: California, New York, and Illinois.
Every year, more and more Shall Issue states create “reciprocity” with each other, so that a person with a permit from her home state can carry her firearm lawfully in a other state while visiting. Currently, a carry permit issued by one state is valid in over half of all states. (See Packing.org for details.)
As the combined total of “no issue” or “whimsical issue” states declines into the single digits, and reciprocity continues to spread, it seems hard to deny that America is concluding that Shall Issue is sensible gun control — one that regulates firearms carrying but does not infringe the right to self-defense.
For more on the Kansas law, see this excellent article in the Wichita Eagle.
