- Worst, most dangerous legal trend of the moment: trial lawyers continue big Capitol Hill push to overturn Supreme Court’s valuable Iqbal and Twombly decisions on lawsuit procedure [Point of Law and more, Thomas Dupree/WLF, Beck & Herrmann and more, earlier]
- Lawyers rush to courthouse to beat deadline for new Oklahoma limits on liability suits [Tulsa World]
- Spokesman for Attorney General Jerry Brown admits he’s taped reporter conversations without their consent, seeming violation of California law [SF Chronicle]
- UK: motorist could face prosecution for splashing kids by driving through puddle, at what she says was kids’ request [BoingBoing]
- “Is the pay czar unconstitutional?” [Bainbridge on McConnell, WSJ; Ribstein on link to PCAOB case]
- More “deceptively named fruity cereal” suits in California [Lowering the Bar ("I still think this is like claiming emotional distress because you just learned 'The Hobbit' isn't a true story,") Ken at Popehat ("Froot of the Poisonous Tree of Litigiousness"), earlier here, here, here, here, etc.]
- A city of stool pigeons: Chicago to pay those who inform on tax cheats [NBC Chicago]
- Ill-fated stint as pole dancer leads to lawsuit against Arizona bar [Above the Law]
Tagged as:
advertising,
California,
Chicago,
Jerry Brown,
Oklahoma,
pleading,
strippers and exotic dancers,
United Kingdom,
whistleblowers
It is lawful for the 19- and 20-year-old exotic dancers to strip for customers, but a new Atlanta ordinance forbids persons their age to set foot in places selling alcoholic beverages, so they cannot legally enter their workplace, the Cheetah Lounge. [AP/WBBM]
Tagged as:
alcohol,
strippers and exotic dancers
- Judge in Van Buren County, Michigan won’t approve adoptions unless one parent promises to stay home [Ken at Popehat]
- Critical view of proposed Performance Rights Act, under which radio would pay new fees to artists and copyright owners [Jesse Walker, Reason]
- Student threatens to sue school district: “You can say she was an exotic dancer and she was 18, but it was not an equal relationship.” [Boston Herald, columnist Margery Eagan, Worcester Telegram]
- More attention for U.S. Chamber’s movie trailers promoting awareness of lawsuit abuse [NY Times]
- Train didn’t actually strike her car at dicey RR crossing after gate closed behind her, but New York woman’s suing Metro-North anyway for the bad scare [Westchester, N.Y. Journal-News]
- Uh-oh: Defamation-and-privacy section of American Association of Law Schools keeps electing as leaders feminist lawprofs known for speech-restrictionist views [Greenfield, earlier]
- Cows and vows don’t mix: Oregon county says weddings may not be held on farm-zoned land [KTVZ]
- Paul Offit, author of noteworthy book Autism’s False Prophets, sued by anti-vaccine blogger [Confutata (scroll), Alyric, link to complaint (PDF) at Courthouse News]
Tagged as:
broadcasters,
family law,
free speech,
land use and zoning,
law schools,
libel slander and defamation,
music and musicians,
schools,
strippers and exotic dancers,
train,
vaccines
- British TV regulators field many complaints about performers’ setbacks on reality contest shows [Guardian via Marginal Revolution]
- “Judge Tosses Much of Campaign Contributions Case Against Katrina Lawyer” (Pierce O’Donnell, said to have reimbursed employees for donations to Edwards race) [NLJ, earlier]
- Patrick Fitzgerald, U.S. Attorney in Chicago, threatens to sue publisher over contents of forthcoming book [WSJ Law Blog, NY Mag "Intelligencer"]
- Late-night neighbor dispute: “Honking horn not constitutionally protected” [Seattle Times]
- “Strippers Sue to Be Classified as Employees, Not Independent Contractors” [NLJ]
- Boston-based James Sokolove, biggest legal pitchman, is planning to get even bigger with $25 million ad budget [Wicked Local via Ambrogi]
- What more satisfying for a lawyer than to win an anti-SLAPP motion against someone trying to silence one’s client? [Ken @ Popehat]
- “Despite crazy rules, convoluted taxes and rampant lawyers, America is still a great place to do business” [The Economist]
Tagged as:
campaign regulation,
chasing clients,
John Edwards,
strippers and exotic dancers,
wage and hour suits
- Yielding to pressure from state AGs, Craigslist will close “erotic services” section and replace with more highly moderated “adult services”; New York’s Cuomo is furious the site took unilateral action “in the middle of the night” rather than negotiating with him [NY Times, Hartford Courant, office of Connecticut AG (and longtime Overlawyered bete noire) Richard Blumenthal, Citizen Media Law, Above the Law] More: Ambrogi.
- Or they could absorb it and move on: “Bounty sues Brawny in paper towel tilt” [Atlanta Journal-Constitution]
- Was granting patents relating to diagnostic analysis of human genes a mistake? Should courts undo it? Via constitutional law? Three different questions there [Ars Technica, Doc Gurley/San Francisco Chronicle]
- Canadian Human Rights Commission wants new ban on discrimination based on “social condition” (with concomitant penalties for hurtful speech premised on such condition) [Ken at Popehat]
- Luxury-goods makers’ suits against eBay over sale of counterfeits may be petering out [Frankel, American Lawyer]
- Today must be exotic-dancer-litigation day at Overlawyered: Trademark Trial and Appeal Board denies trademark protection for “Cuffs and Collar Mark” of Chippendales male exotic dancers [TTA Blog via Lowering the Bar, Ron Coleman, opinion in PDF]
- Allegations fail to stick: “Judge drops class-action suit on Teflon cookware” [AP/Des Moines Register, WSJ, American Lawyer; earlier here and here]
- Asbestos litigation ramps up against Detroit automakers after bankruptcy of many earlier defendants [five years ago on Overlawyered; up-to-the-minute report from Kirk Hartley]
Tagged as:
asbestos,
attorneys general,
autos,
bankruptcy,
Chrysler,
competition through litigation,
constitutional law,
Craigslist,
discrimination law,
eBay,
EEOC,
free speech in Canada,
patent law,
Richard Blumenthal,
strippers and exotic dancers,
trademark
According to the Equal Employment Opportunity Commission, Mary Bassi was 56 when she was allegedly subjected to age-based discrimination at the Cover Girls club where she waited tables. “According to the lawsuit, which was filed last week in federal court, she was frequently called ‘old’ by managers and endured comments about experiencing menopause and showing signs of Alzheimer’s disease.” Younger waitresses were also given shifts that Bassi had customarily worked. An EEOC lawyer says Bassi had been a successful waitress and is now working in that capacity for a competitive club; Cover Girls burned down in 2007 and has not been rebuilt. [Houston Chronicle via Tim Eavenson; Richard Connelly, Houston Press "Hair Balls"] We’ve covered earlier age-bias complaints by exotic dancers themselves (as opposed to support staff) in 2000 and last year (both in Ontario, Canada).
Tagged as:
age discrimination,
Houston,
strippers and exotic dancers
- Find me someone who speaks Mixtecan, fast: under new California law health insurers must provide patients with certified language interpreters [Ventura County Star]
- “Law Prof’s Article on His Jury Experience Leads to Overturned Verdict” [ABA Journal]
- Quick, lock up the Internet: Harvard Law’s John Palfrey wants to unleash child-endangerment suits against online providers [Citizen Media Law]
- “Another Lesbian Visitation Case has Liberty Counsel Spouting Nonsense” [Ed Brayton; earlier Miller-Jenkins case]
- “Jury awards need to be fair, not lucrative” [Jackie Bueno Sousa, Miami Herald]
- Aussie strip club disagrees with exotic dancer on whether faulty pole caused her injury [Brisbane Courier-Mail]
- Hasbro nastygram over “Little Mr. Monopoly” use [Bob Ambrogi, Ron Coleman]
- No, “crash of ‘09″ doesn’t refute “capitalist system”, any more than “car wreck” refutes “auto-based travel”.
Tagged as:
Australia,
California,
Crisis of 2008,
Italy,
juries,
language bias,
Miller-Jenkins case,
nastygrams,
strippers and exotic dancers
- Court declines to dismiss stripper’s suit blaming her DUI crash on club that made her drink with customers [Heller/OnPoint News, earlier]
- Served 23 years in Wisconsin prison, then cleared by DNA evidence [Innocence Project]
- Headlines we didn’t make up: “Grad Student Threatens to Sue Over Destruction of Rare Lizard Dung” [ABA Journal, U.K. case]
- Wisconsin middle school suspends teacher Betsy Ramsdale because her Facebook photo shows her with gun [Never Yet Melted] http://is.gd/iQaj
- David Ogden, now up for a high Department of Justice post, assisted in Clinton-Reno era’s ghastly RICO suit against tobacco companies (maybe on-orders-from-superiors, given the extent to which the whole thing was wired by hotshot outside lawyers suing the industry) [Carrie Johnson, WaPo]
- You’d think they’d learn: appliance energy-use mandates led to lousy clothes-washer and dishwasher designs, but more of the same on the horizon [Kazman, CEI "Open Market"]
- Walks out of psychiatric hospital and kills himself, state of New Jersey ordered to pay $600K to survivors [Newark Star-Ledger]
- Why there was a market for burned out light bulbs in the former Soviet Union [Tyler Cowen]
Tagged as:
Facebook,
guns,
Innocence Project,
New Jersey,
psychiatry,
strippers and exotic dancers,
Wisconsin,
zero tolerance
- Irvine, California class-action lawyer Sandeep Baweja: sorry, I bet the class’s $2.7M wage/hour settlement on the stock market and lost it [ABA Journal, WageLaw]
- Litigant alleges his iPod playlist is worth $1 trillion; also, another kicked-by-exotic-dancer lawsuit [Lowering the Bar]
- Lawyers representing victims of Long Island’s “Agape” Ponzi scheme would do well to be modest [Scott Greenfield]
- More on that litigation filed by Dallas developer H. Walker Royall against author Carla Main, who wrote a book critical of eminent domain abuse; her publisher, Encounter Books (which is also publishing a book of mine); a reviewer, and his newspaper; and even eminent scholar Richard Epstein, for giving a blurb [Real Clear Politics, Somin @ Volokh, Sullum/Reason "Hit and Run", earlier]
- “OMG, there’s mercury in the high-fructose corn syrup!” scare doesn’t sound very scare-worthy [Coyote]
- Another reason we (sometimes) go too far in search of safety: “Availability Bias and Water Landings” [Cernovich]
- Supreme Court mulls whether to grant certiorari on Bilski (business methods patent) case [SCOTUS Blog]
- Trial judge lops $32 million off that $55 million verdict against San Diego Gas & Electric for helicopter crash into unlit utility tower [CalBizLit]
Tagged as:
airlines,
H. Walker Royall,
safety,
strippers and exotic dancers
- MDs retreating from hospital-based practice for many reasons, including legal [Happy Hospitalist]
- Mark Twain: “It usually takes me more than three weeks to prepare a good impromptu speech.” Know that feeling [h/t @lawfirmblogger]
- Among Murdoch properties, stolid WSJ has begun sharing stories with tabloid NYPost, think of the satiric possibilities [Calderone/Politico]
- Oral history of libertarian magazine Reason over 40 years, lots I didn’t know about its past [Brian Doherty and many others]
- As rescuers neared, “immaculate” champagne service: sang-froid of staff and guests under Taj siege [Daily Mail] Security at Mumbai’s Oberoi hotel couldn’t get gun permits from gov’t [WSJ] Tunku Varadarajan: What India must do now [Forbes]
- Good! Obama camp hedging support for EFCA (card-check, imposed union contract) bill [Las Vegas Sun h/t @Eric_B_Meyer]
- Lap dancing “is not sexually stimulating”, British parliamentary committee is told [Guardian via Feral Child]
Tagged as:
hospitals,
India,
strippers and exotic dancers,
United Kingdom
- Thanks to guestbloggers Victoria Pynchon (of Negotiation Law Blog) and Jason Barney for lending a hand last week;
- Will the U.S. government need to sponsor its own motorcycle gang in order to hold on to trademark confiscated from “Mongols” group? [WSJ law blog]
- With a little help for its friends: Florida Supreme Court strikes down legislated limits on fees charged by workers’ comp attorneys [St. Petersburg Times, Insurance Journal]
- Stripper, 44, files age discrimination complaint after losing job at Ontario club [YorkRegion.com, Blazing Cat Fur via Blog of Walker] The stripper age bias complaint we covered eight years ago was also from Ontario;
- Federal judge green-lights First Amendment suit by college instructor who says he was discriminated against for conservative political beliefs [NYLJ] (link fixed now)
- Judge orders parties to settle dispute over noisy parrots after it reaches £45,700 in legal costs [Telegraph]
- How to make sure you’re turned down when applying for admittance to the bar [Ambrogi, Massachusetts]
- Questions at depositions can be intended to humiliate and embarrass, not just extract relevant information [John Bratt, Baltimore Injury Lawyer via Miller]
Tagged as:
age discrimination,
Canada,
colleges and universities,
discovery,
Florida,
guestbloggers,
lawyering vs. privacy,
Massachusetts,
strippers and exotic dancers,
trademark,
Victoria Pynchon
More things it would be better to avoid doing if you’re a lawyer:
- Claim to be assetless and thus unable to make restitution for the largest theft of state money in Massachusetts history even though you live in a $1.5 million Florida house with a $70K BMW and other goodies [Boston Herald, Globe, disbarred attorney Richard Arrighi]
- Botch appeals and then refrain from telling clients their cases have been lost [Clifford Van Syoc, reprimanded by New Jersey high court; NJLJ; seven years ago]
- Attempt to deduct “more than $300,000 in prostitutes, p0rn, sex toys and erotic massages” on your income tax returns, even if you are “thought of as a good tax lawyer” [NY Post] Nor ought you to accept nude dances from a client as partial payment for legal fees [Chicago Tribune; for an unrelated tale of a purportedly consensual lap dance given by secretary to partner, see NYLJ back in April]
- Introduce a patent application purportedly signed in part by someone who in fact had been dead for a year or two [Law.com/The Recorder, Chicago's Niro, Scavone, Haller & Niro, of blog-stalking fame, client's patent declared unenforceable] Or pursue a patent-infringement case based on what a federal judge later ruled to be a “tissue of lies” [NYLJ; New York law firm Abelman, Frayne & Schwab and lawyer David Jaroslawicz, ordered to pay opponents' legal fees; earlier mentions of Jaroslawicz at this site here, here, here, and here]
- Demand ransom for a stolen Leonardo da Vinci painting [biggest U.K. art theft ever, all defendants have pleaded not guilty, LegalWeek via ABA Journal]
Tagged as:
don't,
Massachusetts,
New Jersey,
patent litigation,
patent quality,
Patent Troll Tracker,
strippers and exotic dancers,
taxes
Really, we couldn’t make it up: after raiding the Hot Lap Dance Club on W. 38th St. in Manhattan as a front for prostitution, police arrested lawyer Louis Posner and 22 others as part of the enterprise, which allegedly skimmed earnings from girls who entertained customers in private rooms for fees as high as $5,000. “Posner, once known as the king of nuisance lawsuits, brought a landmark $16 million suit against his then-4-year-old son’s nursery school in 1992 for letting the child run out of his classroom.” (New York Daily News first, second, third, fourth story). Posner, who more recently has concentrated on such areas of practice as taxes, trusts and estates, is reviled by several sources in the New York Daily News’s coverage for hitting on the girls himself, to their frequent disgust. Incomparable detail: cops claim Posner funneled the brothel profits through a political activist group called Voter March, which he set up after the disputed Bush-Gore election in 2000. (ABA Journal, New York Times). Fair labor practices angle: “The pair [of interviewed dancers] estimated that 120 women worked there. Some were Americans who operated as independent contractors and paid $80 a night in ‘house fees;’ others were Russians who worked to pay off debts to their handlers.” And we can’t leave this out: “The club last made news in March when it was sued by a securities trader who claimed he was seriously injured when a lap-dancing stripper swiveled and slammed him in the face with her shoe.” More: Above the Law, New York Observer.
Tagged as:
don't,
NYC,
strippers and exotic dancers