Overlawyered » Richard Posner http://overlawyered.com Chronicling the high cost of our legal system Tue, 14 Feb 2012 16:11:47 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 January 21 roundup http://overlawyered.com/2012/01/january-21-roundup-3/ http://overlawyered.com/2012/01/january-21-roundup-3/#comments Sat, 21 Jan 2012 14:52:42 +0000 Walter Olson http://overlawyered.com/?p=27016
  • Because judges should decide cases the way clamoring crowds want them to: “Occupy the Courts” [Althouse, Somin, earlier] Pittsburgh lawprof: bank’s office park has become public forum and is ours to seize [Daily Caller]
  • Some reactions to Megaupload indictment [Julian Sanchez, Ken at Popehat]
  • Kozinski, others trade quips at oral argument in Disneyland Segway ADA case [Courthouse News via Disabilities Law, earlier] “Ouch! Judge Posner eviscerates both a damages expert and the trial judge who let him testify against FedEx” [Technology Law Notes]
  • Victim of NYC gun laws: “Free Meredith Graves” [NRO] “NYC Business Bled To Death Over Toy Guns” [Moonbattery]
  • “Old Enough to Fight, Old Enough to Swipe: A Critique of the Infancy Rule in the Federal Credit Card Act” [Andrew Schwartz (Colorado), SSRN, via Ted Frank]
  • Federal drug cops unapologetic about role in Adderall shortage [Rob Port] A failure of central planning [Reuters, Jacob Sullum and more ("Does the DEA know what 'quota' means?")] Some trial lawyers pushing to ban the drug [via Ted Frank].
  • Go, my child, and steal no more: TSA agents who pilfered $40K from luggage get six months [AP via Balko]
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    ]]>     http://overlawyered.com/2012/01/january-21-roundup-3/feed/ 6     “I have never seen such an incompetent presentation of a damages case” http://overlawyered.com/2011/06/i-have-never-seen-such-an-incompetent-presentation-of-a-damages-case/ http://overlawyered.com/2011/06/i-have-never-seen-such-an-incompetent-presentation-of-a-damages-case/#comments Mon, 20 Jun 2011 14:49:07 +0000 Walter Olson http://overlawyered.com/?p=23455 Said Judge Posner, of an alleged serial spammer’s courtroom presentation. “It’s not only incompetent, it’s grotesque. You’ve got damages jumping around from $11 million to $130 million to $122 million to $33 million. In fact, the damages are probably zero.” [Timothy Lee, Ars Technica]

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    ]]>     http://overlawyered.com/2011/06/i-have-never-seen-such-an-incompetent-presentation-of-a-damages-case/feed/ 0     April 11 roundup http://overlawyered.com/2011/04/april-11-roundup-3/ http://overlawyered.com/2011/04/april-11-roundup-3/#comments Mon, 11 Apr 2011 15:06:05 +0000 Walter Olson http://overlawyered.com/?p=22448
  • “Teacher threatens student with defamation suit for complaining about her grades” [Bassett, Calif.; San Gabriel Valley Tribune via TortsProf]
  • Rolls-Royce case: “Judge Posner Provides Preview of Wal-Mart v. Dukes Ruling?” [Trask]
  • But note Davidoff comments: “Plaintiffs Lawyers Eyeing Marcellus Shale Work” [Legal Intelligencer]
  • Massachusetts: for its 85-year-old administrator, is an anti-poverty empire forever? [Lawrence Eagle-Tribune via Zincavage]
  • Senate Judiciary advances Rhode Island nominee Jack McConnell by 11-7 vote [PoL, earlier]
  • Bonuses for arrests? Way to disgrace a law enforcement system [Greenfield, related]
  • “Insulting Your Boss Online Is Now Protected Speech” [AtL, earlier]
  • Treasury’s Do Not Shop list [five years ago on Overlawyered]
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    ]]>     http://overlawyered.com/2011/04/april-11-roundup-3/feed/ 9     Judge Posner weighs in on class actions http://overlawyered.com/2011/03/judge-posner-weighs-in-on-class-actions/ http://overlawyered.com/2011/03/judge-posner-weighs-in-on-class-actions/#comments Thu, 31 Mar 2011 05:03:44 +0000 Walter Olson http://overlawyered.com/?p=22307 An uninvited-fax case gives the judge a chance to express some views on the typicality, credibility and adequacy of class representatives. [Trask]

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    ]]>     http://overlawyered.com/2011/03/judge-posner-weighs-in-on-class-actions/feed/ 0     November 8 roundup http://overlawyered.com/2010/11/november-8-roundup-3/ http://overlawyered.com/2010/11/november-8-roundup-3/#comments Mon, 08 Nov 2010 05:18:51 +0000 Walter Olson http://overlawyered.com/?p=20030
  • “Dad Settles Suit Against Crocs Over Daughter’s Escalator Injury” [ABA Journal, Knoxville News]
  • Almost unheard-of: “California state bar to investigate 130 prosecutors” [LEF]
  • Judge flays U.S.-based lawyer in Chevron-Ecuador suit [Law.com, more, Dan Fisher/Forbes]
  • “Federal Government Acknowledges Constitutional Limits on Housing Discrimination Law” [Eugene Volokh on HUD dismissal of "Christian-roommate" complaint, earlier]
  • “Brave and brilliant decision” from Judge Posner points way to provide relief from class action plaintiffs who won’t accept defeat [McConnell and Beck, Trask]
  • “Referring to Former Boss as Slimebag Does Not Constitute Disparagement, At Least in Ohio” [Robert Fitzpatrick]
  • “Couldn’t get elected dogcatcher” — actually, dogcatching’s harder than being a Senator [Christopher Beam, Slate]
  • Midterm election wipeout — for Republicans, that is [four years ago on Overlawyered]
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    ]]>     http://overlawyered.com/2010/11/november-8-roundup-3/feed/ 0     September 23 roundup http://overlawyered.com/2010/09/september-23-roundup-3/ http://overlawyered.com/2010/09/september-23-roundup-3/#comments Thu, 23 Sep 2010 14:59:55 +0000 Walter Olson http://overlawyered.com/?p=19337
  • Could bald employees sue under genetic-bias law? [Delaware Employment Law]
  • EPA under pressure in bedbug battle [Atlantic Wire, Time]
  • “Child Safety Advocates Push for Changes to Prevent Hot-Car Deaths” [Fair Warning]
  • Proof of Living Constitution Theory? iPhone Constitution app is now on version 1.3.8 [Magliocca, Co-Op]
  • “North Carolina’s Corrupted Crime Lab” [Radley Balko]
  • “The folly of needless alcohol laws” [Conor Friedersdorf, The Daily Dish]
  • “Judge Posner opinion on overwarning” [PoL, Drug and Device Law]
  • Annals of zero tolerance: No scissors allowed at ribbon-cutting ceremony at Pittsburgh airport [eight years ago on Overlawyered]
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    ]]>     http://overlawyered.com/2010/09/september-23-roundup-3/feed/ 0     “Posner – ‘Nebulous suspicions voiced by a busybody’ not protected under Title VII” http://overlawyered.com/2010/09/posner-nebulous-suspicions-voiced-by-a-busybody-not-protected-under-title-vii/ http://overlawyered.com/2010/09/posner-nebulous-suspicions-voiced-by-a-busybody-not-protected-under-title-vii/#comments Fri, 10 Sep 2010 05:22:40 +0000 Walter Olson http://overlawyered.com/?p=19190 Who could resist a headline like that? And the case is worth knowing about, filed by a hospital employee who seems to have jumped to the conclusion that “because her boss was a Southern Baptist and a ‘good ole boy,’ … he therefore had ‘inherent sexist attitudes.’” [Jay Lechner, Greenberg Traurig Labor and Employment Blog via Ohio Employer's]

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    ]]>     http://overlawyered.com/2010/09/posner-nebulous-suspicions-voiced-by-a-busybody-not-protected-under-title-vii/feed/ 1     Attorney’s fee spin cycle http://overlawyered.com/2010/03/attorneys-fee-spin-cycle/ http://overlawyered.com/2010/03/attorneys-fee-spin-cycle/#comments Mon, 22 Mar 2010 18:51:05 +0000 Walter Olson http://overlawyered.com/?p=16592 Judge Posner caustically dispatches a fee request following the failure of a putative class action over alleged defects in Sears’ Kenmore clothes dryers [AmLaw]

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    ]]>     http://overlawyered.com/2010/03/attorneys-fee-spin-cycle/feed/ 3     “Posner Blasts ‘Out of Control’ Class-Action Lawyer in Fee Fight” http://overlawyered.com/2010/01/posner-blasts-%e2%80%98out-of-control%e2%80%99-class-action-lawyer-in-fee-fight/ http://overlawyered.com/2010/01/posner-blasts-%e2%80%98out-of-control%e2%80%99-class-action-lawyer-in-fee-fight/#comments Sun, 17 Jan 2010 17:05:37 +0000 Walter Olson http://overlawyered.com/?p=15576 Rex Carr of East St. Louis is fighting his former partners at Korein Tillery. [ABA Journal]

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    ]]>     http://overlawyered.com/2010/01/posner-blasts-%e2%80%98out-of-control%e2%80%99-class-action-lawyer-in-fee-fight/feed/ 0     Bar “linking to or paraphrasing copyrighted materials”? http://overlawyered.com/2009/06/bar-linking-to-or-paraphrasing-copyrighted-materials/ http://overlawyered.com/2009/06/bar-linking-to-or-paraphrasing-copyrighted-materials/#comments Mon, 29 Jun 2009 13:14:12 +0000 Walter Olson http://overlawyered.com/?p=12028 Heads are still shaking over what would appear to be a non-satirical proposal from Judge Richard Posner:

    …Expanding copyright law to bar online access to copyrighted materials without the copyright holder’s consent, or to bar linking to or paraphrasing copyrighted materials without the copyright holder’s consent, might be necessary to keep free riding on content financed by online newspapers from so impairing the incentive to create costly news-gathering operations that news services like Reuters and the Associated Press would become the only professional, nongovernmental sources of news and opinion.

    More: Jeff Jarvis notices other dubious ideas on enforceable “exclusivity” floating about. And more thoughts from Carolyn Elefant at Legal Blog Watch and David Post @ Volokh.

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