“A jury has awarded about $41,000 in damages to a homeless man who was shot by an Oregon State University fraternity member in 2006.” The Association of Alpha Beta Chapter of Alpha Gamma Rho had expelled the member after his arrest for the .22 caliber rifle shooting, but witnesses said members had been known to fire BB-gun shots from the fraternity’s windows in the past. A lawyer unsuccessfully sought punitive damages on the theory that the fraternity had tolerated “animosity against the homeless”. [AP/OregonLive]
Tagged as:
colleges and universities,
guns,
Oregon
“A Portland attorney who blamed his German luxury car for a speeding ticket was told he was responsible, not the automaker,” reports AP/OregonLive: C. Akin Blitz brought in a PowerPoint presentation and the testimony of a mechanic to bolster his argument “that he had no idea his BMW 535xi was going 76 mph in a 55 mph zone because of its handling characteristics”, but Clatsop County Circuit Judge Philip Nelson disagreed and fined Blitz $182.
P.S.: Ken at Popehat: “Legal realism note: as a rule, you will not find traffic court judges sympathetic to the defense ‘Your honor, I am not guilty because my German luxury car is too awesome.”
Tagged as:
autos,
Oregon,
traffic laws
Upholding a $40,000 jury award, the Michigan Court of Appeals has “said a church was liable for the fall of a woman who was ’slain in the spirit’ during an altar call” (see Jun. 21, 2007) [On Point News] And per the same site, a new Oregon case presents a somewhat different fact pattern: Shin Lim Kim was allegedly acting as a “catcher” at the Portland Onnuri Church in Beaverton, but suffered a fractured spinal vertebra when fellow congregant Hyun Joo Hoon fell on her:
The church was negligent, the complaint says, in not providing multiple catchers; failing to discuss “safe catching strategy” with congregants; selecting Kim — “a small and not particularly strong person” — as a catcher; and failing to instruct congregants on “the correct procedures to fall, so that they would not injure themselves and injure the person assisting and/or catching them.”
More coverage of this genre of suits: June 8, 2008.
Tagged as:
churches,
Oregon
Last Wednesday’s CPSIA rally at the Capitol drew an overflow crowd of hundreds, with thousands more reportedly watching from around the world via webcast. Many speakers had powerful stories to tell, and cameras from CNN and ABC were on hand to record them; AP mentioned the event in covering the dirtbike-ban story. There is, as you might imagine, no way to upstage a six-year-old motocross champion who declares from the podium, “I promise I won’t eat my dirt bike”.
A few things I learned by attending:
- Ordinary bikes (not the motorized kind) are clearly out of compliance with the law because of the leaded brass in certain components, and have been given no exemption. I’m still wondering why the CPSC directed the motorbike dealers to tarp over their inventory but did not do the same with the ordinary-bike dealers. Earlier here; much more (PDF) in this CPSC submission by Mayer Brown for the Bicycle Product Suppliers Association.
- Until I saw their handout leaflet, it hadn’t sunk in that the non-profit and charitable giants in resale, including Goodwill, Salvation Army, Easter Seals, Volunteers of America, and St. Vincent de Paul, have banded together in a Donated Goods Coalition. Good for them, and I hope someone listens.

- Even blogging the subject as much as I have, I’ve somehow said almost nothing about CPSIA’s requirements for batch numbering, labeling and tracking of kids’ products, due to hit later this year. It seems these requirements all by themselves will suffice to wipe out small producers in droves even if the crazy testing requirements can somehow be made sane. A few write-ups touching on the subject: Handmade Toy Alliance (Word document), Kathleen Fasanella/Fashion Incubator, Publisher’s Weekly.
- The rally happened because of the efforts of grass-roots business people around the country, above all Rick Woldenberg of Learning Resources. (The story of the Oregon delegation could stand for that of many others.) Motorbike people were much in evidence. Also present: people from trade associations from regular businesses not been much heard from in the CPSIA furor of recent months, including makers of shoes and footwear, cribs, and even household cleansers, all of whom turned out to have stories to tell. Who knew there was a whole association specializing in the little items you get when you put in the quarter in the vending machine and turn the crank?
- Kids’-book author (and valued commenter) Carol Baicker-McKee was there and gave a superb talk, making effective use of a copy of Orwell’s 1984. Otherwise, however, among groups deeply affected by the legislation, the book and library trades were conspicuous by their absence. I wasn’t the only one who noticed this; so did Publisher’s Weekly.
- I finally got to meet face to face many persons who have been favorably mentioned in these columns over the past three months. I was not surprised to find a whole lot of nice, dedicated people, the sort of people you’d want to be making products for your children to use. You, Reader, would have enjoyed meeting them too.
- Many members of Congress spoke. All were Republican, and a few were pretty good. For better or worse (maybe some of each) there was a minimum of partisanship, with scant mention of the reports that the Democratic House leadership had ordered members not to attend. Several lawmakers minimized the institutional role in the debacle of Congress (which passed the law last year almost unanimously), instead seeking to throw the blame onto the CPSC’s management, which put them surprisingly close to the position of Henry Waxman himself. One GOP member said it was important to be nice to the Democrats and not alienate them, since they held all the power.
This may have been good advice, but I was still a little surprised.
- Amid a great deal of talk about unintended consequences, very little was said about there being actual adversaries out there, who know quite well what the law is doing and support it anyway. If more than a word or two was breathed about the roles of Public Citizen, PIRG, or the various members of Congress who are actively hostile on the issue (and not just “needing to be educated”), I missed it. Which meant (it seemed to me) that some of the good people who’d taken the trouble to come to Washington were going to be surprised and perhaps unprepared when they discovered figures out there like, oh, just to pick randomly, Illinois Sen. Dick Durbin, whose positions are not so much unreflected-on as deeply hostile (and with mysteriously unsourced numbers too).
Speaking of which, Consumers Union, publisher of Consumers Reports, confirmed once again that it falls into the “hostile” and not merely “unreflective/ uninformed” category with this deplorable hatchet job, which provoked a slew of angry, substantive comments; see also blog posts including those of Carol Baicker-McKee and Sheeshamunga.
More rally coverage: Domestic Diva, Polka Dot Patch.
Public domain image: Yankee Mother Goose (1902), illustrator Ella S. Brison, courtesy ChildrensLibrary.org.
Tagged as:
CPSC,
CPSIA,
CPSIA and books,
CPSIA and Congress,
CPSIA and libraries,
CPSIA and minibikes,
CPSIA and resale,
CPSIA and toys,
Henry Waxman,
Oregon,
PIRG,
Public Citizen
- Lawyer charged with particularly awful pattern of thefts from disabled/incapacitated persons [NYTimes, Steven Rondos]
- “Buy American” provisions in stimulus bill could start trade war [Postrel]. Parting blow to America’s taste buds: outgoing Bush admininstration slapped high tariffs on Roquefort cheese, Irish oatmeal [Cowen, MargRev]
- In widening scandal of U.K. miners’-claim lawyers, one law firm found to have funneled more than £6 million to Arthur Scargill’s union [Times Online]
- 1936 Clarence Darrow piece on how to pick a jury makes a sort of time capsule of wince-worthy stereotypes [Deliberations]
- Want to start up moving company in Oregon or liquor store in California? You might find your competitors can legally block you [Coyote]
- Maybe there’s hope for Dahlia Lithwick, she “shares concerns” about lame lawsuits and judgment-warping liability fears [Slate, on Philip Howard's Life Without Lawyers]
- Dear major banks: Regret to inform must impose high penalties for your unauthorized overdraft of our funds [Naked Capitalism]
- “Ethics laundering”: how lawyers can use Internet to evade NY rules against client solicitation [Turkewitz]
Tagged as:
chasing clients,
Dahlia Lithwick,
Oregon,
Philip K. Howard,
United Kingdom
Another sad story from the annals of Title IX. (Charlotte Allen, Minding The Campus, Nov. 3).
Tagged as:
Oregon,
Title IX
“Oregon sent a cease-and-desist letter to Justia.com threatening a copyright lawsuit for republishing Oregon law.” Neither Greg Beck (Apr. 17) nor Ron Coleman (May 1) is much impressed.
Tagged as:
copyright,
Oregon,
publishers
- Oregon Supreme Court plays chicken with SCOTUS over $79.5 million punitive damages award in Williams v. Philip Morris case. [Sebok @ Findlaw; Krauss @ IBD; POL Feb. 1]
- Speaking of punitive damages, I did a podcast on Exxon Shipping v. Baker. I can’t bear to listen to it, so let me know how I did. [Frank @ Fed Soc]
- Arkansas case alleged legal sale of pseudoephedrine was “nuisance” because meth-makers would buy it; case dismissed. [Beck/Herrmann]. This is why I’ve stockpiled Sudafed.
- Lawyers advertise for refinery explosion victims before fire goes out. [Hou Chron/TLR]
- Connecticut Supreme Court: cat-attack victim can sue without showing past history of violence by animal. [On Point] Looking forward to comments from all the anti-reformers who claim to oppose reform because they’re against the abrogation of the common law.
- Op-ed on the Great White fire deep pockets phenomenon. [SE Texas Record; earlier: Feb. 2]
- “FISA lawsuits come from Twilight Zone.” [Hillyer @ Examiner]
- Legislative action on various medical malpractice tweaking in Colorado, Hawaii, and Wyoming. [TortsProf]
- Request for unemployment benefits: why fire me just because I asked staffers for a prostitute? [Des Moines Register]
- “So much for seduction and romance; bring in the MBAs and lawyers.” [Mac Donald @ City Journal; contra Belle Lettre; contra contra Dank]
- Where is the Canadian Brandeis standing up for free speech? [Kay @ National Post]
- In defense of lobbying. [Krauthammer @ WaPo]
Tagged as:
Arkansas,
Canada,
chasing clients,
Colorado,
common law,
Connecticut,
deep pocket,
Exxon,
Exxon Shipping v. Baker,
FISA,
free speech,
Hawaii,
Heather Mac Donald,
lobbyists,
Oregon,
Philip Morris v. Williams,
pseudoephedrine,
public nuisance,
punitive damages,
regulation through litigation,
Rhode Island Station nightclub fire,
roundups,
Ted Frank,
tort reform,
unemployment benefits,
Wyoming
Inmate Jorey Lee Brewis, also known as Rebekah Katherine, is suing officials of the Oregon Department of Corrections who allegedly ignored Brewis’s gender identity disorder, leaving Brewis to resort to — details not for the squeamish — do-it-yourself sex change surgery by way of fingernails, hair ties, rubber bands and other implements available in the cell. A spokeswoman for the corrections department “says she can’t discuss Brewis’ case because of medical privacy concerns”. (James Pitkin, “Juicy Suits: Cutting Off Her Own Testicles in Prison”, Willamette Week, Dec. 13).
Tagged as:
Oregon,
personal responsibility,
prisoners
But they told us the malpractice crisis was just a myth dept. (Associated Press):
Oregon Health & Science University plans to cut at least 200 jobs and raise tuition by at least 10 percent to free the money needed for higher insurance costs following an Oregon Supreme Court ruling.
The December ruling cleared the way for the family of a brain-damaged child to pursue malpractice damages from the university. It effectively eliminated a liability cap of $200,000 designed to protect state agencies from major damage awards.
The cutbacks, expected to be announced Friday, were first reported by The Oregonian newspaper. Besides trimming jobs and hiking tuition, OHSU expects to restructure or close clinical, research and education programs, and scale back construction on Portland’s South Waterfront.
OHSU said the court ruling will add $30 million a year in insurance and administrative expenses. Though that’s only 2 percent of OHSU’s annual operating budget of about $1.5 billion, it amounts to more than 60 percent of its annual support from the state’s general fund. …
OHSU is Portland’s largest private employer with about 12,000 staff.
More: Victoria Taft (cross-posted from Point of Law).
Tagged as:
hospitals,
medical,
Oregon,
schools
Roger Parloff at Fortune Legal Pad is out with some informative analysis based on an interview with attorney John Griffin Jones, who filed the fee suit against Scruggs. Among the questions explored: how high were the stakes in that suit, and why might the defendants have been keen on an arbitration order? Relating to the latter point, Parloff writes:
Scruggs’s lead counsel, John Keker of Keker & Van Nest, adds that the notion that Scruggs might have wanted to keep the case out of public view by putting it into arbitration is “absurd as a motive” for a bribe, since the case “was certainly going into arbitration” and that was “the only place it could possibly be.”
Which raises the question: if an order for arbitration was a foregone conclusion, why are Scruggs chums floating the theory that attorney Timothy Balducci thought he could impress Scruggs by getting such an order from Judge Lackey?
The WSJ law blog reports that Balducci was arraigned Tuesday and has asked to withdraw his law license. On the location of his arraignment, see Mississippi blogger Folo (earlier). (Update: Whoops, actually Mississippi expatriate, see comments.) Balducci was named to represent himself, drawing many puzzled reactions. (Update: NE Mississippi Daily Journal has more on Balducci’s arraignment and likely cooperation, via Folo.) Also, the WSJ law blog interviews David Rossmiller (who himself has several new posts up) and reports that the Scruggs firm may be withdrawing from Scruggs Katrina Group cases after all. (Update: confirmed in this Sun-Herald story).
This Sunday profile of Judge Lackey in the Sun-Herald notes that he’s “a deacon at First Baptist Church and a member of a state commission charged with ensuring judicial integrity,” which as several commentators note might indicate that he was a risky one to approach with a proposal for corruption.
A commenter at David Rossmiller notes whose interests are served by the pre-emptive “character assassination of Balducci” in recent coverage and also writes:
Patterson resigned Oct. 18, 1996 after pleading guilty to filing false documents to avoid paying taxes on a Range Rover. And Grisham thinks these folks are super sophisticated, why?…
And how bad does the spin from last week look? The FBI did not find “the document” and Scruggs is not withdrawing from Katrina cases, and then a few days later he is withdrawing. By the way, the FBI removed computer data which is most likely being analyzed right now, so who the heck knows what they have found. Maybe “dead bodies”? …
Earlier coverage of the indictment here, here, here, and here.
Tagged as:
arbitration,
Dickie Scruggs,
Katrina,
Mississippi,
Oregon,
Timothy Balducci
Disposing of a worn-out vehicle, appliance, computer, even maybe a house in the state of Oregon? Maybe you’d better worry that a subsequent user will get injured by or in or with it and blame the mishap on your negligent failure to perform proper maintenance. That theory is getting a plaintiff to trial past a motion to dismiss in a case where a crash victim is suing not only the owner of the truck that hit him, but also a former owner that had sold the truck about a year earlier. The Oregon Supreme Court, reversing a trial and appeals court, is allowing the case to go to trial. Lewis & Clark lawprof Jack Bogdanski writes:
How far does the rule of this case go? Would it cover tools that you unloaded at a garage sale last year? How about the house you sold last year, or five years ago? Surely, it would cover that used car you got rid of, although the court hinted that maybe you’d be off the hook if the dangerous condition was obvious when you sold it, or if you traded the car in at a dealership.
What can you do to protect yourself? I doubt that your insurance covers it — at least auto policies end when the vehicle is sold, and I’d be surprised if a standard homeowners policy wouldn’t work the same way. There’s no way to get a release in advance from everyone who might be hurt by breakdowns of your former stuff while it’s in the hands of future owners whom you don’t even know.
(Jack Bog’s Blog, Oct. 21; Bailey v. Lewis Farm, Inc., Oregon Supreme Court, Oct. 11). P.S. Corrected procedural posture of case following reader comment.
Tagged as:
Oregon
- L.A. city council debating settlement of Tennie Pierce (firehouse dog food prank) case, apparently for several million [AP/Mercury-News; earlier]
- Lerach said to accept jail term of 2 years or less in plea deal, won’t testify against former partners [Washington Post, Point of Law; earlier]
- No shock, Sherlock: divorce cases said to have the highest rate of perjury in open court [Oregonian via WSJ law blog]
- Things you might not have known about the Duke/Nifong case unless you’ve read the new Stuart Taylor/K.C. Johnson book [Leo, Minding the Campus; Thernstrom]
- Take a wild guess as to one reason doctors are reluctant to communicate with their patients via email, despite the many potential advantages [Medical Economics via KevinMD]
- Latest suit charging casino should have recognized customer’s gambling addiction [Indianapolis Star; earlier]
- One brother kills the other in anger in the North Carolina woods, both members of a logging crew; ruled compensable under workers’ comp [Coppelman]
- My client, the dog: another trend piece on steady expansion of animal law [Boston Globe]
- Prankster gets American U. alumni mag to print erroneous report of two classmates as being gay. Defamatory? [New York Post, Smoking Gun; Julie Hilden a while back]
- Trial begins in Kentucky of civil suit arising from the string of McDonald’s strip-search hoaxes Ted wrote about last year [OnPoint News, Louisville C-J/USA Today]
- Woman who nearly froze to death after a night of drinking sues city, emergency personnel and taxi driver who dropped her at home [five years ago on Overlawyered]
Tagged as:
Bill Lerach,
divorce,
Indiana,
Kentucky,
Milberg Weiss,
North Carolina,
Oregon,
roundups,
Tennie Pierce