Posts tagged as:

South Dakota

October 14 roundup

by Walter Olson on October 14, 2013

  • “Kerr received a 37-page temporary restraining order last Friday which seeks to shut down her [too-popular] haunted house.” [Silver Spring, MD; ABC News]
  • Blockbuster “60 Minutes” on the federal Social Security disability program, if you haven’t seen it yet [CBS; Chris Edwards, Tad DeHaven at Cato; ABA Journal on Kentucky lawyer and more]
  • Chevron complaint against attorney Donziger over Ecuador shenanigans reaches trial Tuesday [Daniel Fisher] More: Michael Goldhaber, American Lawyer (“A Dickensian Cheat Sheet”);
  • Ombudsman on South Dakota Indian foster care case: NPR “reporters and producers tried to push the story beyond the proof that they had. I don’t know why.” [NPR ombudsman]
  • In America we use lawyers for that: “Rabbis Arrested in Plot to Kidnap, Torture Husbands to Force Divorce” [WSJ, CNN] From 1845, a British judge’s exquisitely arch observations on the then state of divorce law [Sasha Volokh]
  • “Salvage company that lost $600M sunken ship case must pay $1M to Spain for ‘abusive litigation'” [ABA Journal]
  • How Canada lost gun freedom [Pierre Lemieux, Liberty and Law]

{ 1 comment }

An agreeably circular road to ADA coverage, via a case from federal court in South Dakota: my new post at Cato.

Free speech roundup

by Walter Olson on March 11, 2013

  • “Crime to Create a ‘Hostile Environment’ That ‘Substantially Interferes’ with Person’s ‘Psychological Well-Being’ Based on Race, Religion, Sex, Etc.?” [Volokh] “Minnesota Bill to Ban K-12 Speech That Denies Fellow Students a ‘Supportive Environment'” [same]
  • Blogger dropped as defendant in “pink slime” defamation litigation, but suit against ABC and others continues [Bettina Siegel/Lunch Tray] Suit against ABC based in part on state food-disparagement statute occasionally criticized in this space [Reuters] Dearborn residents: are you sure you want to patronize a restaurant that deploys lawyers to suppress criticism? [Paul Alan Levy, earlier]
  • Libya arrests foreigners accused of distributing Christian literature, charge could carry death penalty [Guardian]
  • Sometimes it seems NYT editors are First Amendment absolutists about everything except political speech First Amendment was meant to protect [SmarterTimes]
  • Global Wildlife Center of Folsom, Louisiana sues a satirical website and then menaces Ken of Popehat;
  • Long piece on Naffe/O’Keefe backstory of Kimberlin/Patterico legal/media war [Chris Faraone, Boston Phoenix, earlier]
  • Update: following outcry, publishing company drops suit against Canadian librarian [CBC, earlier] Also from Canada: Nanaimo, British Columbia: “Mayor ensures ‘Koruption’ stickers never seen again” [Beschizza, BoingBoing] Voltaire wept: Bruce Bawer on the Canada Supreme Court’s “hate speech” decision [Front Page mag, earlier]
  • “Donald Trump, paper tiger?” [Paul Alan Levy]

{ 4 comments }

A federal judge has declined jurisdiction of the Oglala Sioux tribe’s lawsuit claiming that liquor sellers just over the Nebraska border are legally answerable for the harms of alcoholism on the reservation. The dismissal is without prejudice to possible refiling of the claims in state court; New York Times columnist Nicholas Kristof had promoted the cause. [BBC]

P.S. Kristof vs. college sophomore, advantage sophomore [James Taranto, WSJ, fifth item; Robert James Bidinotto] And don’t get us started about his chemophobia.

Sensationalist coverage devastated a niche sector of the meat processing industry, and now a group of companies are demanding $1.2 billion from various defendants including ABC News, Diane Sawyer, and a UCLA microbiologist over various alleged inaccuracies. South Dakota, where the case was filed, has passed something called the South Dakota Agricultural Food Products Disparagement Act, one of a genre of “food defamation” laws previously criticized in this space. [Popehat; Reuters, ABA Journal, Poynter]

{ 4 comments }

I’ve got a piece out at Reason today in which I de-foam the Times columnist’s highly aerated assertions about beer sales near the Pine Ridge, S.D. Oglala Sioux reservation. And a followup at Cato: Kristof has written about the failures of the Drug War, so why does he not apply those lessons here? See also: NYT “Room for Debate” discussion. A different view: Eric Turkewitz.

{ 16 comments }

“An American Indian tribe sued some of the world’s largest beer makers today, claiming they knowingly contributed to devastating alcohol-related problems on South Dakota’s Pine Ridge Indian Reservation.” The Oglala Sioux tribe is asking for $500 million. [AP; Lincoln Journal-Star; Don Surber] More: Jacob Sullum, Ted Frank.

{ 19 comments }

February 7 roundup

by Walter Olson on February 7, 2011

{ 7 comments }

November 9 roundup

by Walter Olson on November 9, 2010

  • White House panel’s counsel: no evidence corner-cutting caused Gulf spill [NYT, Reuters] Furor ensues [WaPo]
  • Report: grief counselors assigned to Democratic congressional staffers [Maggie Haberman, Politico]
  • “Lawyer Sues for Humiliation and Lost Business Due to Misspelled Yellowbook Ad” [ABA Journal, South Dakota]
  • Argument today in important Supreme Court case, AT&T Mobility v. Concepcion: will courts respect freedom of contract in consumer arbitration context, or yield Litigation Lobby the monopoly it seeks over dispute resolution? [Ted at PoL]
  • No search warrant needed: armed deputies in Orlando storm unlicensed barbershops, handcuff barbers [Balko, Reason "Hit and Run"]
  • After Colorado hit-run, banker allowed to plead down to misdemeanors lest his job be at risk [Greenfield]
  • FDA to decide whether to ban menthol in cigarettes [CEI]
  • Reshuffling blackjack decks is not “racketeering” [ten years ago on Overlawyered]

{ 4 comments }

April 30 roundup

by Walter Olson on April 30, 2009

  • “Sioux split on suit seeking money for Black Hills” [Associated Press]
  • More on nomination of Mothers Against Drunk Driving CEO to head highway safety agency [Balko, see also comments on earlier post]
  • Push by advocates in Congress to extend shakedown-enabling Community Reinvestment Act to all financial institutions [Victoria McGrane, Politico] And some numbers from Bank of America raise doubts about those oft-heard “CRA default rates lower than regular default rates” assertions [Weisenthal, Business Insider]
  • Illinois attorney general Madigan to Craigslist: purge vice ads or I’ll see you in court [L.A. Times]
  • Here and there, acknowledgments in the press of the damaging effects of laws entrenching auto dealers against termination [L.A. Times via Craig Newmark]
  • How many people get arrested for “contempt of cop”? [Coyote Blog] Blogosphere has helped spread awareness of police-abuse issues [Greenfield]
  • Virginia Postrel: I told you so on that light bulb ban story [earlier]
  • U.K. law reform panel: “charlatan” and “biased” expert witnesses put defendants at risk of wrongful conviction [Times Online]

{ 2 comments }

At least if there’s no one around watching.

October 24 roundup

by Walter Olson on October 24, 2008

  • Chemerinsky, other critics should apologize to Second Circuit chief judge Dennis Jacobs over bogus “he doesn’t believe in pro bono!” outcry [Point of Law and update]
  • New York high court skeptical of ultra-high contingency fee in Alice Lawrence v. Graubard Miller case [NYLJ; earlier here and here]
  • Panel of legal journalists: press let itself be used in attack on Judge Kozinski [Above the Law]
  • Unfree campaign speech, cont’d: South Dakota anti-abortion group sues to suppress opponents’ ads as “patently false and misleading” [Feral Child]
  • Even if you’re tired of reading about Roy Pearson’s pants, you might still enjoy Carter Wood’s headlines on the case at ShopFloor ["Pandora's Zipper", "Suit Alors!"]
  • Rare grant of fees in patent dispute, company had inflicted $2.5 million in cost on competitors and retailers by asserting rights over nursing mother garb [NJLJ]
  • Time to be afraid? Sen. Bingaman (D-N.M.) keen on reintroducing talk-radio-squelching Fairness Doctrine [Radio Equalizer]
  • “Yours, in litigious anticipation” — Frank McCourt as child in Angela’s Ashes drafted a nastygram with true literary flourish [Miriam Cherry, Concurring Opinions]

{ 1 comment }

December 8 roundup

by Ted Frank on December 8, 2007

  • As governor, Huckabee signed a good tort reform package capping punitive and non-economic damages, and reforming joint and several liability and venue law, but the rest of his economic record is big-government. And David Harsanyi is critical of Huckabee’s claimed opposition to nanny-statism. [Insurance Journal; Human Events; Harsanyi; RCP; Michael Tanner @ FoxNews]
  • Update to the popular Bridezilla flowers lawsuit; florist files opposition. Lots of comments ensue. [Lattman]
  • South Dakota Supreme Court: no, you can’t sue a pharmacy for being a “drug dealer” when plaintiff steals prescription medicine for a disabled friend and injures himself OD’ing on it. [On Point]
  • Former litigator hired to invest $100m in court cases for UK hedge fund. [Times Online]
  • Atkins fallout in Texas and California, as professional anti-death-penalty experts there happily minimize subject IQs to call their intelligent clients retarded. Earlier: Feb. 2005; Sep. 2003. [Science Evidence blog; and again]
  • Heartbalm tort of alienation of affection withstand constitutional challenge in Mississippi. Earlier: Jul. 5; Nov. 2006, etc. [Torts Prof]
  • Bob Woodruff biography: I would have died if my injury happened in the United States because of fear of liability. [Murnane]
  • I’ve updated my paper on Thomas Geoghegan’s new book. [SSRN]
  • Overlawyered holds slim lead at ABA Blawg 100 popularity contest. But why aren’t any of you voting for Point of Law? [ABA Journal]

{ 2 comments }

Let’s be clear: one can take the position that there needs to be more judicial accountability and that too many judges overstep their bounds, and still think that Amendment E—the likely-unconstitutional South Dakota ballot proposal to end civil immunity for judges and jurors and establish an unanswerable “special grand jury” to oversee these things—is positively insane cuckoo bonkers. Opponents of the measure have set up a good website discussing the issues.

{ 6 comments }

Stand Your Ground

by Dave Kopel on March 21, 2006

Back in 1987, Florida set off a national trend by enacting a law which allows adults with a clean record, who pass a safety class, to obtain a permit to carry a concealed handgun for lawful defense. Although some states already allowed concealed carry, Florida’s 1987 law led to the concept spreading nationally, so that today 38 states have handgun carry laws similar to Florida’s. Now, a new Florida trend is spreading: “Stand your ground” laws.


Last year, Florida enacted a statute stating that victims of a violent felony attack do not have to retreat from the aggressor (even in a public place), and can use deadly force. Now, Indiana Governor Mitch Daniels has signed a Stand Your Ground law in his state, and the South Dakota legislature has enacted a similar law.

Because most Americans intuitively agree with the principle of self-defense, opponents of the law, such as the Brady Center, have resorted to making silly claims, such as asserting that the laws allow “a person who just feels something bad is going to happen to open fire in public.” A careful look at the Florida model, which I blogged about last year, leads to the conclusion that the Brady Center’s claims are unmerited.

{ 2 comments }

Blawg Review #33

by Walter Olson on November 21, 2005

Welcome to Blawg Review #33, the latest installment of the weekly carnival assembling some of the best recent weblog posts about law.

If this is your first visit to Overlawyered, we’re among the oldest legal sites (launched in July 1999, practically the Eocene era), and over the years we’ve built a vast collection of information (with links/sources) on strange, excessive and costly legal cases, examples of the over-legalization of everyday life, pointers on litigation reform, policy stuff of generally libertarian leanings, and much more. We’re a fairly high-volume site; 6-8,000 unique visitors on a weekday is pretty typical. And although our work is regularly critical of trends in the legal profession — or maybe because of that fact — practicing lawyers around the world are among our most valued and loyal readers.

More specifically, there are two of us posting here. One of us (Walter Olson) has been writing about these topics for twenty years as the author of several books (The Litigation Explosion, The Excuse Factory, The Rule of Lawyers) and a great many shorter articles. He’s a senior fellow at the Manhattan Institute who lives and works in Chappaqua, N.Y., north of New York City. More recently Ted Frank, who’s in Washington with the American Enterprise Institute, joined as a regular blogger. Unlike Walter, Ted is a lawyer, having practiced until lately with O’Melveny & Myers. Both of us also blog at the (somewhat more serious-toned) website Point Of Law, which unlike this one is sponsored by our respective institutes and boasts numerous other contributing writers.

Enough about us. Here’s Blawg Review #33, written by Walter with

indented sections by Ted.

* * *

The week in headlines

The talk of the blawg world last week? The New Yorker’s unmasking of the girlish “Article III Groupie” who’s blogged anonymously about federal judges at “Underneath Their Robes”, as, in fact, a (male) Assistant U.S. Attorney in Newark. Much more on that from Ted, below.

The pace of commentary on Samuel Alito Jr.’s Supreme Court nomination has slowed a good bit, despite the release of a 1985 memo detailing Alito’s views on abortion (which occasioned this post by Will Baude taking exception to a Dahlia Lithwick Slate column) and, more tantalizingly, on the Warren Court’s reapportionment cases (see posts by Nathan Newman and Steve Bainbridge). Alito is now heavily favored among bettors to win confirmation, notes San Diego lawprof Tom Smith.

Possibly the week’s strangest headline, discussed by J-Walk: “1,100 Lawyers Leave Saddam Defense Team”. 1,100?

And the Fifth Circuit is coming back to New Orleans (Tom Kirkendall).

* * *

Splendors and miseries of legal practice

Find out:

* What makes a talented 39 year old attorney burn out of a criminal defense practice? (Norm Pattis, Crime and Federalism)

* What sorts of squirm-inducing compliments do criminal defense lawyers hear from their clients after scoring legal points on their behalf? (Ken Lammers, CrimLaw)

* Is it smarter for big law firms to compensate their partners on an “eat what you kill” model, a “lockstep” model, or something between the two? (Bruce MacEwen, Adam Smith, Esq.)

* How do licensing professionals decide what’s a reasonable royalty rate? (Patent Baristas)

* What sorts of bad things can happen to a law firm when one of its individual lawyers behaves rudely to a stranger? (Jim Calloway)

* * *

Controversies galore

Read, ponder, and make up your own mind:

Did Texas execute an innocent man, Ruben Cantu? (Doug Berman)

Conservatives are still griping about the Ninth Circuit, but the new twist is that they think its judges aren’t activist enough. (Eugene Volokh)

Every so often, through luck or pluck, the “fair use” side manages to win one in copyright litigation (Ron Coleman, Likelihood of Confusion).

A group is “pushing for a ballot referendum that would strip South Dakota judges of their immunity from suit for actions taken in their capacity as judges.” Atlanta attorney Jonathan B. Wilson calls it “one of the worst reform ideas ever”.

Michael Newdow, of Pledge of Allegiance suit fame, has filed a new legal action demanding that the motto “In God We Trust” be removed from U.S. currency. Jon Rowe winces.

Our own Ted Frank takes a look at the much-talked of “Dodgeball” document and concludes that it by no means proves Merck’s guilt in the Vioxx matter. (Point of Law). Also at Point of Law, James Copland of the Manhattan Institute and Dr. Bill Sage of Columbia have been engaged in a spirited debate on med-mal litigation.

In a Providence courtroom, the state of Rhode Island is demanding that companies that once manufactured lead paint be held liable for the cost of lead abatement programs. Speechwriter/ghostwriter Jane Genova is liveblogging the case’s retrial, and suggests that the defense side has been making its points more effectively.

A court has ordered the Armour Star meatpacking concern to pay $3 million for using a strength test to screen applicants for a job requiring much lifting. George Lenard’s Employment Blawg originally covered the case last month, Overlawyered picked it up, and now George has returned to the subject, observing that those dissatisfied with the suit’s outcome should realize that sex discrimination law’s distrust of strength tests isn’t something the EEOC just came up with the other day and in fact dates back at least a couple of decades. (I quite concur, having written at length on the subject back in the 1990s.)

The British government recently published a white paper entitled “The Future of Legal Services: Putting the Consumer First”. Dennis Kennedy at Between Lawyers provides a link.

In other consumer news, State Farm conceded earlier this year that when it disposed of many wrecked-and-repaired vehicles it failed to ensure that they were given appropriate “salvage titles”. E.L. Eversman at AutoMuse has been following the issue.

The head of the NY state bar association is advising prospective clients not to be swayed by lawyers’ advertising. David Giacalone, who frequently discusses legal advertising on his blog f/k/a, isn’t impressed.

San Diego lawprof Gail Heriot discovers a convicted rapist is living a few doors down from her, which gets her to thinking about the interaction of “Megan’s Law” statutes and statutory rape.

New York AG Eliot Spitzer has gone after former NYSE head Richard Grasso but not the board that approved Grasso’s plans. Larry Ribstein suspects the worst, charging that Spitzer “gets securities industry political support if he handles this so only Grasso gets hurt.”

* * *

Student division

Scheherezade at Stay of Execution, who wrote a classic post last year giving advice on whether or not to go to law school, now fields a reader’s question: Should I transfer to a higher-ranked law school?

Called for jury duty, Jeremy Blachman gets shown a somewhat hokey video entitled “Your Turn: Jury Service in New York State.” “I wanted to really mock the video, but in all honesty it was a better explanation of the jury system than anything we got in law school”.

Michael Froomkin offers a surprising and counterintuitive quiz on the U.S. Constitution in the form of a “scavenger hunt”. He also suspects that a national ID card might abet price discrimination.

And this from Ted:

Congratulations to Amber, G, Marissa, Grigori, Eve, Jeremy, and others who passed the bar. Third Attempt failed for the second time, and is opening a blog on the subject of his third try, with links to other passers and failers. Only 13% of those who repeated the California bar passed.

On the lighter side, law student Kurt Hunt quotes his prof’s maxim that “Cahoots is not a crime” but wonders what would happen if “tomfoolery, cahoots, no-gooding, antics and shenanigans were redefined as ‘Crime-Lite'”. And Colin Samuels of Infamy or Praise is among the many human beings who don’t manage to eat as well as (UCLA lawprof) Steve Bainbridge’s dog.

* * *

Buzz about blogs

Now I’ll turn the floor over to Ted again to discuss the UTR affair:

The blawgosphere likes nothing more than navel-gazing, and the New Yorker’s outing of anony-blawger “Article III Groupie” as Newark AUSA David Lat and resulting implosion of “her”/his popular “Underneath Their Robes” blawg has generated lots of curiosity and posts with Austin Powers references; the story even made Drudge and the New York Times. Blawg Review has a retrospective look at the blawg. Howard Bashman has done the most original reporting, interviewing Jeffrey Toobin, who revealed Lat’s identity, and publishing the reminiscences of a former co-worker of Lat’s. Denise Howell provides an obituary for the blawg. The Kitchen Cabinet’s “Lily” comments from the perspective of another anonymous blawger, as does Jeremy Blachman, who got a book deal from his anony-blogging. Ann Althouse muses on the nature of humor; Professor Solove and Howard Bashman comment on blogger anonymity, as does Half Sigma, who pulled a similar hoax using the photo of a Russian mail-order bride earlier this year as the image of “Libertarian Girl.” Another blawgger claiming to be a libertarian female, this one with the implausible name of “Amber,” meta-comments on the various shattered blog-crushes exhibited in the garment-rending Volokh Conspiracy reader comments on the subject; JD expresses his own disappointment. (Judge Kozinski claims to have known all along, but Judge Posner has proof of his foresight.) And Ian has sound commentary on A3G’s “status anxiety.” (And speaking of status anxiety, a Harvard Law School admissions dean snarks on Yale and gets snarked back. One can understand the sniping: HLS and YLS are good schools, and there’s a lot of competition for who’s #2 behind Chicago Law.)

Some fallout: anony-blogger “Opinionistas” got an e-mail accusing her of really being a man, and Will Baude and Heidi Bond make a bet over the gender of anony-law-prof Juan Non-Volokh, who promises to come out of the closet soon.

Taking second place in interblog buzz is the IP sticky wicket that awaited the former Pajamas Media (discussed by Blawg Review here) when shortly before launching it decided to switch to the more dignified monicker of Open Source Media. Turned out there was already a well-known public radio show by the name of Open Source which hadn’t been consulted even though it occupied such URLs as opensourcemedia.net. Ann Althouse has been merciless (here, here and here) in needling the OSM organizers, while Prof. Bainbridge piles on with a law and economics analysis of OSM’s market.

Monica Bay passes along the views of legal-tech consultant and frequent CLE presenter Ross Kodner, who charges that law blogs are “narrow-minded” and display “elitist exclusionism”. “I am sick and tired of being repeatedly asked why I don’t have a blog,” he declares. Okay, Mr. Kodner, we promise never to ask you that.

* * *

In conclusion

Finally, intellectual property lawyer Doug Sorocco, of the ReThink(IP) and phosita blogs, arrives “fashionably late to the BlawgThink ball” (in Chicago last week). Sorocco’s Oklahoma City firm also figures prominently (as the acquiring party) in what Dennis Kennedy says may amount to a milestone: “the first move of one legal blogger to the law firm of another legal blogger.” Stephen Nipper has more details about this “move” at ReThink(IP).

By coincidence, and giving us a nice way to wrap things up, phosita is going to be the home of next week’s Blawg Review #34. Blawg Review has information about that and other upcoming matters, as well as instructions how to get your blawg posts considered for upcoming issues.

P.S. As Bob Ambrogi notes, you can now check out — and tag your own location in — Blawg Review’s reader map feature.

{ 8 comments }

The U.S. Senate has been the graveyard of federal liability reform legislation for years now, but yesterday’s election may start upheaving the tombstones in an entertaining manner. The new Senate should be perceptibly more favorable to litigation reform than the old — by three or four votes, at least. Gone, for example, will be the Carolinas’ Ernest Hollings and John Edwards, two lions of the trial bar.

The most obvious impact will be on measures which already commanded a substantial majority of Senators, including many Democrats, but had nonetheless been blocked by parliamentary gamesmanship — specifically, the bill to pre-empt lawsuits against lawful gun sellers over the illegal later use of their products, and the bill to redirect most national class actions into federal courts. Also significant will be the defeat of Senate Minority Leader Tom Daschle, whose tendency to talk like a litigation reformer back home in South Dakota, while working closely with trial lawyer interests in Washington, has been the subject of scrutiny in this space (Apr. 12, Aug. 19, Dec. 18).

Daschle’s defeat may cause prudent Democratic colleagues to rethink the policy of filibustering all major liability measures rather than letting them come to a vote. Also significant is the greatly strengthened hand of organized gun owners in the next Senate, on which see Dave Kopel’s roundup. If the Republicans know what they’re doing, they’ll call up and pass gun-suit pre-emption at an early point, with some version of class action reform not far behind.