“The family of a man shot and killed by his neighbor in Skagit County can proceed to trial on claims that the county’s emergency communications center mishandled its response to his panicked 911 call, Washington’s Supreme Court ruled.” According to his family, a 911 operator told William Munich that help was on the way but did not code the call as an emergency; a sheriff’s deputy showed up 18 minutes later, by which time Munich had been shot by the irate neighbor. “I am concerned the majority’s decision will put unwarranted pressure on every statement made by 911 operators, straining communications that depend on the free flow of information,” wrote dissenting Justice James Johnson. [KOMO; Munich (Gayle) v. Skagit Emergency Communications Center, holding, dissent (wrong link fixed now); background on Washington's unusual approach to sovereign immunity]
P.S. Another Washington sovereign liability case of interest: Robb v. City of Seattle, “Whether the city of Seattle may be liable in an action for wrongful death brought by the survivor of a murder victim based on the failure of police to confiscate ammunition while detaining the murderer for questioning just before the murder occurred.” [Temple of Justice]
Tagged as:
emergency services,
police,
sovereign immunity,
third party liability for crime,
Washington state
- Dan Mitchell rounds up many of the significant state ballot measures [Cato] California official voter guide is 144 pages long; “As usual, almost all of the proposals being put before voters are bad.” [Josh Barro, Bloomberg; coverage of Prop 37 on genetic labeling here, here, etc.]
- And as some readers will recall, I am hoping voters in Maine, Washington and my own state of Maryland vote to extend civil marriage to same-sex couples, and that voters in Minnesota reject a constitutional amendment to the opposite effect.
- Digging into the Obama-Romney dispute over use-it-or-lose-it oil leases [Daniel Fisher, Forbes]
- “The myth of auto bailout jobs” [Andrew M. Grossman, DC Examiner] On Jeeps, Romney takes a leaf from the Obama tactical playbook, and Obama not pleased [Tim Carney, Examiner]
- New Cato e-book “The Libertarian Vote: Swing Voters, Tea Parties, and the Fiscally Conservative, Socially Liberal Center” by David Boaz, David Kirby, and Emily Ekins, doing well on Amazon Kindle listings. And: which way should a libertarian vote for President this time? [Richard Epstein]
- “Survey of State Supreme Court Races and Retention Elections” [Carrie Severino, NRO, Ashby Jones/WSJ; earlier on Michigan here and here, on Florida here, here, and here]
- Government officials pressure private billboard owner to take down “Voter Fraud Is a Felony” sign [Hans Bader]
- Peaceful transfer of power to opposition party is gold standard of democracy [Steve Chapman]
- “As churches get political, IRS stays quiet” [Reuters, earlier]
- “Editorial: Inslee’s criticism of McKenna points up need for tort reform” [Seattle Times; my take on Washington state's curious waiver of sovereign immunity a while back]
Tagged as:
autos,
Barack Obama,
California,
churches,
Florida,
Michigan,
Mitt Romney,
sovereign immunity,
Washington state
Because accidents will happen, after all. And, no, you wouldn’t be excused for totaling the FBI’s Ferrari were the sides reversed [Scott Greenfield]
Tagged as:
sovereign immunity
- Estate of Anna Nicole Smith may sue over opera based on her life [Daily Mail via Surber, other Daily Mail]
- Maryland Department of Environment: yep, we put tracking devices on Eastern Shore watermen’s boats [Red Maryland]
- Trial lawyers’ federal contributions went 97% to Dems last cycle [Freddoso, Examiner]
- $6.5 million for family abuse: unusual sovereign-exposure law costs Washington taxpayers again [PoL]
- Canadian court: no, we can’t and won’t waive loser-pays for needy litigants who lose cases [Erik Magraken]
- CPSC considers mandating “SawStop” technology [Crede, background]
- Gun groups alarmed over ATF pick [Chicago Tribune]
- Jury blames hit-run death on wheelchair curb cut [four years ago on Overlawyered]
Tagged as:
Canada,
CPSC,
environment,
guns,
loser pays,
Maryland,
music and musicians,
politics,
right of publicity,
sovereign immunity,
Washington state
- Report: dead woman’s name robo-signed onto thousands of collection documents [Business Insider] Or was it? [comment, Fredrickson/Collections and Credit Risk (alleging that living daughter shares name of deceased mother)] “Are faked attorney signatures the ‘next huge issue’ in the foreclosure scandal?” [Renee Knake, Legal Ethics Forum]
- “Major Verdict Threatens to Bankrupt Maker of Exercise Equipment” [Laura Simons, Abnormal Use]
- Decline in competitiveness of U.S. capital markets owes much to legal and regulatory developments [Bainbridge, related]
- Deadly Choices, The Panic Virus: Dr. Paul Offit and Seth Mnookin have new books out on vaccine controversy [Orac]
- “No one’s trying to get rich off this,” says lawyer planning suit on behalf of A train subway riders stranded during NYC blizzard [NY Daily News]
- Washington Attorney General Rob McKenna continues to seek solutions to state’s uniquely exposed litigation position, including fix of joint and several liability [Seattle Times, background here and here]
- ABA Blawg 100 picks — and a critique;
- Alabama bar orders lawyer’s law license suspended, but in the mean time he’s been elected judge [four years ago on Overlawyered]
Tagged as:
debtor-creditor law,
legal blogs,
mortgages,
not about the money,
NYC,
product liability,
recreation,
sovereign immunity,
transit,
vaccines,
Washington state
