The anti-scent movement wafts on, following controversy over a proposal to ban perfume and cologne in Portland, Ore. city buildings. [Balko]
{ 4 comments }
Posts tagged as:
Oregon
In Oregon “all homemade alcoholic beverages must be consumed where they’re made,” so unless the law changes, beer and wine competitions and taste-offs aren’t going to be legal. [KATU]
{ 2 comments }
Headline: “Teen hit with own golf ball sues for millions.” The youth was using a Hillsboro, Ore. driving range in the rain and his ball ricocheted off a metal awning post back into his face. [KATU]
{ 3 comments }
A man says that he secured a $900,000 settlement from the Roman Catholic church over his abuse by a priest, but “alleges that attorneys who represented him in the case managed to claim $877,000 of the settlement, leaving him with no more than $23,000.” The man switched attorneys 2 1/2 years into the case and subsequently lost a case filed by the first attorney saying he had been deprived of his rightful fee. His new suit contends that he was wrongly advised to fight the first lawyer’s suit every step of the way. [Oregonian]
{ 5 comments }
- “Japanese landlords sue families of suicide victims” [Telegraph via Tyler Cowen]
- Best candidate you’ve never heard of: lawprof Jim Huffman runs for a U.S. Senate seat in Oregon [Weekly Standard]
- “Freedom of culinary expression: Chefs speak out on behalf of salt” ["My Food, My Choice" via Ponnuru, NRO]
- “In-House Counsel Expect More Regulatory Litigation, Survey Finds” [NLJ]
- “Oladiran’s ‘Motion of the Year’ Earns Him Sanctions” [AtL]
- Resisting a music-delivery-system claim: “Patent Trolls and Public Goods” [Julian Sanchez]
- More transparency for New Jersey lawyer/lawmakers? [Philly.com]
- “Ninth Circuit: marine mammals don’t have standing…yet” [six years ago on Overlawyered]
{ 2 comments }
And guess who’s getting hit on the rebound: community groups that want to hold events in public facilities [Ted at PoL]
I called the lab, got the quote and did the math. CPSIA-mandated testing costs for my little product line was over $27,000 for just over $30,000 worth of product. I cannot express the horrible feeling I had when I realized that I had made a mistake that was going to cost my family all of our money. …
I blame every one of the Energy and Commerce legislative staffers.
– Jolie Fay, crafter, SkippingHippos.com, guest post, AmendTheCPSIA.com
PUBLIC DOMAIN IMAGE from Ethel Everett, illustrator, Nursery Rhymes (1900), courtesy ChildrensLibrary.org.
{ 4 comments }
Legal secretary Nancy Topolski acknowledges that she couldn’t handle the workload assigned to her by law firm Davis Wright Tremaine, and that she suffered panic attacks as a result that prevented her from doing the work. But, she says, this just means that the law firm violated discrimination laws when it fired her. (Karen Sloan, National Law Journal, Mar. 24).
Aurora Hill alleges that McDonald’s coffee is “extremely hot in the extreme” and caused nervous shock, pain, and scarring when it spilled on her. (Aimee Green, The Oregonian, Feb. 4).
You may recall that part of the trial lawyer fiction about the merits of the infamous Stella Liebeck suit was that it supposedly successfully caused fast food restaurants to lower the temperature of coffee so that no one would ever be burned again.
My faith in humanity is encouraged when I see that the poll of Consumerist blog readers on the topic marks 86% for the option “Hot coffee is hot. Deal with it” on a blog that usually is reflexively pro-trial lawyer. Ironically, I wouldn’t count this suit as entirely meritless: Hill alleges that McDonald’s workers failed to adequately affix the lid to the cup, causing the spill as they handed her the coffee in the drive-through, which, if true, would strike me as actionable.
{ 4 comments }
Kevin Underhill rounds up four amusing miscellanies at his excellent site. From the fourth:
In June, a committee of the Oregon Legislature stuck some language into a bill that would (I think) have briefly redefined “no” as “yes.” Allegedly, Democrats were trying to head off an initiative they feared Republicans would later put on the ballot, asking voters to reject a spending measure. The bill provided that a vote to reject the measure would be counted as a vote to adopt it:
A measure referred to the people by referendum petition may not be adopted unless it receives an affirmative majority of the total votes cast on the measure rejecting the measure. For purposes of this subsection, a measure is considered adopted if it is rejected by the people.
The bill was amended again a few days later to remove the controversial language, after it became public.
P.S. And another installment missed above (”We are all tarnished by your stupidity.”)
{ 4 comments }
An Oregon broadcast executive threatens a blogger who had put out a request for information. [Romenesko/Poynter, Oregon Media Central]
“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]
“Jury clears companies in lawn mower lawsuit” [Eugene, Oregon, Register-Guard]
{ 13 comments }
And you might have to let it in, too, unless you’re willing to try proving in legal proceedings that it’s not a service animal. [NY Times report from Portland, Oregon] Earlier on service animal claims under the ADA and parallel local laws here.
{ 14 comments }
“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.”
{ 4 comments }
And now Grant Faber of Hillsboro, Ore., is in a fair bit of trouble. [Oregon Live via Obscure Store, Legal Blog Watch]
{ 2 comments }
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.
{ 2 comments }
