- Thomas Sowell on EPA dairy-spill regulations [NRO, earlier at Cato here and here] It’s the miracle federal agency: “What doesn’t the EPA do?” [ShopFloor]
- President’s State of the Union medical malpractice gesture, cont’d [PoL, more, Ted Frank/Examiner, NJLRA, related, earlier here, here, here, here, here, here, here, etc.]
- Fired minor-league Yankees mascot files wage-hour suit [ESPN]
- Ohio sheriff prepares criminal complaint against reporter for asking him questions [WHIO via Balko]
- It all happened so suddenly: Henry Waxman now disapproves of the use of subpoenas for fishing expeditions [Mark Tapscott, Examiner; earlier]
- Should hospitals ban cameras from childbirth? [NYT "Room for Debate" with contribution from Jim Harper, Cato Institute]
- Non-”flagrant” trespassing OK? Tort liability shift in Third Restatement [PoL]
- Nope: “At this time, I would like to formally accuse Walter Olson of having an intern or something.” [Ron Miller]
Posts tagged as:
Ohio
- Many of the best New Jersey sledding slopes are off limits now: “Litigators ruin pretty much everything” [Bainbridge]
- Granola bar trans-fat lawsuit leaves Russell Jackson unimpressed;
- “Criminal barbering”: license lapse gets 82-year-old Oregon hair-cutter in legal trouble [Perry]
- Tomorrow’s economy won’t thrive if municipal authorities strangle innovative businesses where they incubate [Conor Friedersdorf, City Journal]
- Need to bring property taxes under control? Try litigation reform [NJLRA]
- Convicted at height of 90s child-abuse prosecution fever, Ohio pair seek to reopen case [Briefcase] More: Balko.
- Here’s an idea: “Let the shareholders decide if SOX is worth the costs.” [Ribstein]
- Retired Massachusetts attorney found in possession of stolen art trove [five years ago on Overlawyered] Updates courtesy reader Ronald Stimbert: Legal Blog Watch 2008 (attorney convicted); Cape Cod Times 2010 (paintings returned to owner).
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He bit into a sandwich wrap in 2008 and encountered an olive pit, and now he wants $150,000. [Cleveland Plain Dealer, Wonkette, Memeorandum]
P.S. Gawker finds video taken five days later on the House floor in which the Ohio representative “looks fine and talks normal” notwithstanding the “serious and permanent dental and oral injuries requiring multiple oral and dental surgeries.” And Daniel Fisher at Forbes:
No indication why Kucinich mulled this lawsuit for three years before filing it…..* The lawsuit alleges negligence and breach of implied warranty.
*Commenter “Mattie” says the SOL in DC for this type of suit is indeed three years, though it would be one year for some other torts.
Who besides the People’s Congressman would be willing to name America’s olive pit safety crisis and call out the Big Pit interests responsible?
P.P.S.: As someone was asking, wasn’t generous government-furnished health insurance — like the kind available to Members of Congress — supposed to cut down on the need for personal injury suits? And Matthew Heller at OnPoint News finds some precedent for the suit.
And further: That was fast, Kucinich says he’s settled the suit (Jan. 28).
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New frontiers in campaign law? Ohio Rep. Steve Driehaus, defeated in November’s election, is suing the Susan B. Anthony List, an anti-abortion political group, for depriving him of his “livelihood” by way of allegedly unfair campaign attacks. [Cincinnati Enquirer, Politico]
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- By reader acclaim: “Rules in Chandler restrooms: Don’t drink from toilets” [Arizona Republic]
- Arbitration and class actions before the Supreme Court: “Misconceptions about Concepcion” [Andrew Trask]
- County commissioner candidate sues county employees, rival over election flyer [Whidbey Island, Wash. News-Times]
- Fannie’s Tammany: MacLean, Nocera on the politicized world of the mortgage GSEs [Tabarrok]
- $56 million obstetrics verdict against Westchester County, N.Y. hospital [Hochfelder]
- Legal Ethics Forum is looking for guest bloggers;
- New Federalist Society white papers on Ohio and North Carolina supreme courts;
- “When Art Imitates Life: Suing for Defamation in Fiction” [Jane Kleiner, Citizen Media Law]
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“An Ohio public school teacher accused of burning the mark of a cross on students’ arms said Friday he dropped a lawsuit over his firing because it would have interfered with a public airing of his complaint in a different venue.” [AP via Ed Brayton, earlier]
Springfield, Ohio: “The family of a man who was hit by a train while jumping off a trestle into a river two years ago is suing the railroad and a local canoe center.” The canoe company, according to the complaint, “knew or should have known that individuals frequently went onto the train trestle and jumped into the Mad River.” [Springfield News-Sun]
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- Shameless: House leadership exempts NRA lest it sink bill to regulate political speech [John Samples, Cato]
- Employment law: “Arbitration Showdown Looms Between Congress, Supreme Court” [Coyle, NLJ]
- “Wake Up, Fellow Law Professors, to the Casualties of Our Enterprise” [Tamanaha, Balkinization]
- Move to allow international war crimes trials over “aggression,” a notoriously slippery term [Anderson, Brett Schaefer/NRO "Corner" via Ku]
- Litigation slush funds: “Cy pres bill in Ohio House” [Ted Frank, CCAF]
- “Recent Michigan Prosecutions for ‘Seducing an Unmarried Woman’” [Volokh]
- Scalia: “…least analytically rigorous and hence most subjective of law-school subjects, legal ethics” [LEF]
- Silicosis settlement scandal update: “As 2 Insurance Execs Admit Bribes, PI Lawyer Says He Can’t Be Retried” [Houston Chronicle via ABA Journal, earlier]
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The disgraced Ohio Attorney General, a fixture in these columns through much of 2008, has pleaded guilty to one misdemeanor count and declined to contest another. He’ll pay a fine and do community service. [Columbus Dispatch via Adler/Volokh] At one point Dann was lionized by the New York Times as a potential “next Eliot Spitzer,” at that time considered an enviable thing to be.
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A lawyer for a condemned Ohio prisoner says it could be illegal to execute him because he may be allergic to the anesthesia used in the lethal injection procedure. [AP/Columbus Dispatch via James Taranto, who has additional background]
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Ohio: “A state court judge demands $50 million from the Cleveland Plain Dealer, claiming it wrongfully exposed her and her daughter as the source of online comments about the judge’s cases, including a criminal prosecution over the murder of 11 women. Cuyahoga County Court of Common Pleas Judge Shirley Strickland Saffold and her daughter, Sydney, seek damages for fraud, defamation, tortious interference, breach of contract, and invasion of privacy. ” [Courthouse News, Solove/Concur Op] Earlier here.
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Russ Bensing reports on the Ohio criminal-law scene.
An Ohio town discontinues its municipal WiFi network after MPAA lawyers rattle swords about a copyrighted movie that moved through the system. Andrew Moshirnia at Citizen Media Law explains. And (h/t reader CTrees) note that the town turned the system back on at Sony’s request, following a national outcry over the incident.
And at least somewhat relatedly: “Viacom’s top lawyer: suing P2P users ‘felt like terrorism’” [ArsTechnica]
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- Alleged wife murderer “sues J.P. Morgan for cutting off his home equity line of credit.” Reason cited: “imprisonment”. [Joe Weisenthal, Business Insider via Fountain]
- Charles Krauthammer on the need to “reform our insane malpractice system. … I used to be a doctor, I know how much is wasted on defensive medicine.” [Der Spiegel interview]
- Popehat looks back on turning two, in customarily entertaining fashion [unsigned collective post]
- Sigh: “Chamber of Commerce Sues ‘Yes Men’ for Fake News Conference” [ABA Journal]
- Coverage mandates explain a lot about why health insurance is so much costlier in some states than others [Coyote] More: Tyler Cowen (autism treatment)
- Watch out for those default judgments: PepsiCo hit with $1.26 billion award in Wisconsin state court, says word of suit never got to responsible officials within the company [National Law Journal]
- Ohio appeals court: characterizing incident as “Baby Mama Drama” is not prosecutorial misconduct [The Briefcase]
- Ideological tests for educators? On efforts to screen out would-be teachers not seen as committed enough to “social justice” [K.C. Johnson, Minding the Campus]
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PIRG be not proud: “Until recently, I had high hopes that this law would be amended. …
We do not mass produce our products, for that our customers love us, and for that congress has made it impossible for us to continue selling our toys without breaking the law.” — Tammy Bowles, founder of the Ohio-based educational plaything line StoryBlox, whose former line can be browsed here. More: Ken at Popehat.
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“School board members in Mount Vernon agreed Wednesday night to resolve a federal lawsuit by paying $5,500 to the boy and his family and $115,500 to their lawyers.” [AP/NBC4i] We covered the case, in which a teacher is alleged to have branded a cross onto a pupil’s arm, in July; the teacher, John Freshwater, has himself filed a civil rights action against the school district charging religious discrimination, and a suit by the parents against Freshwater remains ongoing.
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“A hearing-impaired Ohio State University football fan has sued the school, arguing that the university should offer captioning on the scoreboard and stadium televisions because he can’t hear the announcers.” [Akron Beacon-Journal]
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On Point News has an update on the defense’s motion for a new trial in the unusual federal case (with spy-thriller overtones) we covered in January. “The defense has already gotten some post-trial relief. In a May 13 order, U.S. District Judge Thomas M. Rose threw out the $2.3 million award on the criminal theft claim, leaving intact the $1.7 million for conversion and $8,400 for unjust enrichment.”
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