Overlawyered » New Hampshire

Medical roundup

Walter Olson — Tue, 24 Apr 2012 11:02:10 +0000

Primer on “severability”: would ObamaCare fall if individual mandate struck down? [Loyola, Epstein, Shapiro, American Interest] Maybe the President picked the wrong fight: “Supreme Court’s Ratings Jump Following Health Care Hearings” [Randy Barnett]
Heritage on med-mal reform and federalism [Hans von Spakovsky; my take] A case for New Hampshire’s “early offer” med-mal proposal [Robinette, TortsProf] “Ohio’s tort reform has curbed soaring malpractice costs” [Columbus Dispatch editorial]
Madison County: plaintiff’s lawyer seeks gag order in med-mal case [MC Record]
Academics debate whether authorities should crack down on medical tourism [Cohen et al, Opinio Juris]
Shortage of physician volunteers at marathon sports events, readers of this site can guess the reason [Outside mag via White Coat]
Connecticut Gov. Malloy proposes letting home health workers rather than nurses administer pills to homebound patients, major savings foreseen [Connecticut Mirror] Related, David Henderson;
Governments now often cite HIPAA as reason not to release information regarding accidents, crimes and disasters [Glenn Cook, Las Vegas Review-Journal] How HIPAA implementation can keep patient history out of emergency medical responders’ hands [EP Monthly]
London: Red Ken has pay doc, NHS being Not His Style [Marian Tupy, Cato at Liberty]

Tags: Connecticut, emergency medicine, HIPAA, medical, medical malpractice insurance, New Hampshire, Ohio

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

Perfume restrictions in the news

Walter Olson — Wed, 25 Jan 2012 12:27:42 +0000

Under a bill introduced by a New Hampshire legislator, “state employees who interact with the public would not be allowed to wear perfume. Rep. Michele Peckham, R-North Hampton, is the prime sponsor of the perfume bill, which she said she put forward after a constituent asked her to do so. She said there are people allergic to fragrances. ‘It may seem silly, but it’s a health issue,’ Peckham said. ‘Many people have violent reactions to strong scents.’” [Union-Leader via Radley Balko, who calls it reductio creep] Similar proposals have surfaced in places like Portland, Ore., and “perfume sensitivity” lawsuits have been reported from Detroit and New Jersey (& welcome WSJ Law Blog readers; day’s “Five Must-Read Stories”).

Tags: environment, New Hampshire

Perfume restrictions in the news is a post from Overlawyered - Chronicling the high cost of our legal system

“Man Charged With Wiretapping for Using Phone During Traffic Stop”

Walter Olson — Wed, 13 Apr 2011 05:14:24 +0000

Another twist on the assertion that state laws against wiretapping and unauthorized recording make it unlawful to record the cops: police in the town of Weare, N.H. charged a man with wiretapping after he placed a cellphone call during a traffic stop “because the officer’s voice could be heard in the background of his phone call.” [Lowering the Bar]

Tags: New Hampshire, police, privacy

“Man Charged With Wiretapping for Using Phone During Traffic Stop” is a post from Overlawyered - Chronicling the high cost of our legal system

Man drives car into light pole in Wal-Mart parking lot

Walter Olson — Sun, 05 Dec 2010 15:30:11 +0000

Is the parking lot of the Newington, N.H. “normal[ly] configured,” had there been earlier drivers who bumped into the pole, and should either point matter in the lawsuit he’s filed as a result? [Seacoast Online via Siouxsie Law]

Tags: New Hampshire, roads and streets, Wal-Mart

Man drives car into light pole in Wal-Mart parking lot is a post from Overlawyered - Chronicling the high cost of our legal system

“Mount Washington Hotel to businesses: Stop using mountain’s name”

Walter Olson — Sun, 14 Nov 2010 05:20:08 +0000

“A state lawmaker tells WMWV-FM that the Mount Washington Hotel and Resort has told other businesses with ‘Mount Washington’ in their name to stop using it or face a legal challenge.” The hotel says it has challenged only three lodging businesses and does not intend to go after other local businesses named after the mountain. [AP, WMUR, Boston Globe]

P.S. Commenter Mannie: “It gets better. The IOC routinely harasses businesses on Washington’s Olympic Peninsula for using the name ‘Olympic.’”

Tags: hotels, New Hampshire, trademarks

“Mount Washington Hotel to businesses: Stop using mountain’s name” is a post from Overlawyered - Chronicling the high cost of our legal system

“Student who shocked himself suing school, teacher”

Walter Olson — Tue, 31 Aug 2010 16:26:13 +0000

The suit argues that the student wasn’t given adequate warning that attaching electrical clamps to his nipples could be dangerous. Earlier reportage on the case quoted students who accused the teacher of encouraging horseplay and making light of the dangers of mild shocks; the teacher later resigned but did not face criminal charges. [Joey Cresta, Foster's Daily Democrat/Boston Herald (Dover, New Hampshire)] More: Lowering the Bar (“Nor am I buying the Mountain-Dew-enticement allegations.”)

Tags: failure to warn, New Hampshire, personal responsibility, schools

“Student who shocked himself suing school, teacher” is a post from Overlawyered - Chronicling the high cost of our legal system

April 22 roundup

Walter Olson — Thu, 22 Apr 2010 05:03:53 +0000

Liquor commissioner of New Hampshire nabbed on DWI rap, refuses breathalyzer test [WMUR]
Slumber party liability waivers are something we’ve reported on before. But home trampoline disclaimers? [Free-Range Kids]
Website’s terms and conditions include giving up your immortal soul [Popehat]
Scottish jury says charges “not proven” against lawyers in case of monetary demand for return of stolen Leonardo da Vinci painting [Guardian, earlier]
If you’re going to shake down food makers with false claims of contaminants in their wares, it’s best to vary your story patterns [Tacoma News-Tribune, Seattle Times]
“My task is simple: spew foundationless tripe that turns itself into a pre-trial settlement demand.” [The Namby Pamby, a lawyer blog I really should have linked before now] More: Daniel Fisher, Forbes.
Why plaintiffs lawyers aren’t so thrilled about recent Toyota revelations: most are invested in blaming electronics, not stuck pedals or mats [WSJ Law Blog]
Duck hunters sue guide over disappointing trip [Fred Hartman, Fort Bend, Texas, Herald]

Tags: alcohol, finger in the chili, New Hampshire, Texas, Toyota

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

December 18 roundup

Walter Olson — Fri, 18 Dec 2009 05:06:39 +0000

Class action to follow? Longtime Overlawyered favorite Gloria Allred now representing one of the Tiger Tootsies [The Observer]
Alabama lawyer moves to postpone trial so he can see Crimson Tide take on Texas [Yahoo "Rivals"]
“Thomas the Tank Engine attacked for ‘conservative political ideology’” [Telegraph; Canadian academic calls for tighter controls on children's broadcasting]
Government manages to lose money at bookie racket: “NYC’s Off-Track-Betting Seeks Bankruptcy Protection” [Bloomberg]
“Rapist ex-lawmaker claims copyright on his name, threatens legal action” [Boing Boing, Volokh, Randazza/Citizen Media Law]
Graubard Miller $42 million contingency fee “now in referee’s hands” [NYLJ; earlier Oct. 5, etc.]
It’ll destroy our image of him: opponents say “alleged Ponzi schemer and disbarred attorney Scott Rothstein filed frivolous lawsuits” [DBR]
New Hampshire disciplinary panel finds prominent injury attorney broke ethics rules in handling client who talked of firing him from multi-million-dollar case [Keene Sentinel]

Tags: Alabama, broadcasters, copyright, ethics, football, Gloria Allred, New Hampshire, Scott Rothstein

December 18 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Update: lawyer’s baseless demand letter amounted to extortion

Walter Olson — Fri, 18 Sep 2009 18:30:36 +0000

Updating our March 2008 coverage: The New Hampshire Supreme Court ruled last month that an attorney could properly be convicted of extortion for sending a demand letter threatening patently baseless litigation. The lawyer had sent the letter (which included a demand for monetary payment) to a hair salon threatening litigation over its purportedly discriminatory setting of different rates for men’s and women’s haircuts. A crucial element in the decision was that the lawyer did not in fact have a client in hand with a potential complaint as an actual customer of the salon. [Eugene Volokh, Above the Law; State v. Hynes, PDF] “Assistant Attorney General Elizabeth Baker said Hynes sent letters to at least 19 salons in the state.” [Concord Monitor 2008 coverage]

Tags: legal extortion, New Hampshire

Update: lawyer’s baseless demand letter amounted to extortion is a post from Overlawyered - Chronicling the high cost of our legal system

September 11 roundup

Walter Olson — Fri, 11 Sep 2009 13:13:15 +0000

House Ways & Means — yep, Charlie Rangel’s own — passes bill slamming taxpayers for innocent errors [James Peaslee, WSJ, via Alkon]
Must protect the children! “Parents banned from British school sports event” [Common Room] After-school pickup procedures can get a little crazy too [Free-Range Kids, Florida]
Once again, America’s Most Irresponsible Public Figure® (that’d be RFK Jr.) sounds off on an environmental dispute to which he turns out to have personal financial ties [Greenwire via Eco-Pragmatism]
Allegations in ugly Florida law firm breakup include misallocation of Hillary Clinton campaign money [DBR]
When in court, try to avoid following the example of “Girls Gone Wild” impresario Joe Francis [Lowering the Bar and more, earlier]
“Judge Allowed to Sue N.Y. Daily News, But Not a Lawyer Thought to Be a Source” [ABA Journal, NYLJ]
New Hampshire judge rules for divorced father who disapproves of homeschooling [Volokh]
ABA Journal is taking nominations for its annual best-of “Blawg 100″ list [hint, nudge]

Tags: child protection, Hillary Clinton, libel slander and defamation, New Hampshire, Robert F. Kennedy Jr., schools, taxes, United Kingdom

September 11 roundup is a post from Overlawyered - Chronicling the high cost of our legal system