Ira Stoll catches the New York Times being tendentious again [SmarterTimes]:
…one reason that Texas is at or near the top of the nation in terms of workplace fatalities is that it is at or near the top of the nation in terms of the number of workers and how many hours they work. If you adjust for that, and take the rate of workplace fatalities — that is, the number of fatalities from workplace injuries per 100,000 full-time workers, Texas isn’t worst in the nation, but somewhere in the middle…
Related: Josh Barro, Steven Greenhut (California as comparison).
And now William Lawler is suing the Amarillo, Tex. sports bar that served both of them earlier in the evening, saying it should have cut them off. The suit, which seeks $1 million or more,
also claims the two had an “amiable relationship, and would have never fought were it not for their extreme level of inebriation.”
Lawler’s lawyer Ryan Turman said he thinks they have a solid case.
“We feel like we’ve got solid facts. We feel like Pink is responsible,” he said. “You just trust a jury to do what is right on these.”
He said the lawsuit was filed in accordance with the Dram Shop Act.
[Amarillo Globe-News, more, Jon Mark Beilue column; & welcome Above the Law readers]
Please don’t do these [in some cases alleged] things:
- Calif.: “Judge accused of stealing elderly neighbor’s $1.6M life savings resigns from bench” [ABA Journal]
- Stan Chesley joins a rogue’s gallery of disgraced litigators [Paul Barrett/Business Week, earlier here, etc.]
- San Francisco’s Alioto firm: “Attorney and law firm must pay $67K …for ‘vexatious’ suit challenging airline merger” [ABA Journal, Andrew Longstreth/Reuters (Joseph Alioto: "badge of honor"), Ted Frank/PoL (sanctions are small change compared with enormous fees obtainable through merger challenges]
- N.J.: “Lawyer takes state plea, will pay $1M to widow’s estate” [ABA Journal]
- Texas: “State Rep. Reynolds charged with 7 others in barratry scheme” [SETR]
- “Paul Bergrin, ‘The Baddest Lawyer in the History of Jersey,’ Convicted at Last” [David Lat/Above the Law, earlier]
- “Attorney’s mug shot winds up next to his law firm’s ad, in marketing effort gone awry” [Martha Neil, ABA Journal]
- Once the American legal profession reformed itself, but that was long ago [John Steele Gordon]
Not only can she, but it seems she does. [Austin American-Statesman]
“Texas has a unique solution to the problem of coupon settlements: if the lawyers settle for coupons or non-cash relief, they have to be paid in coupons or non-cash relief.” Some scoffed at this as a gimmick, but it seems to have had an effect for the better, most notably in a recent case where the court “prohibited a $1.1 million fee in a $0 settlement over immaterial merger disclosures.” [Ted Frank, Point of Law]
Four Texas women have been serving long prison terms since a 7-year-old and 9-year-old girl, nieces of one of them, accused them in a lurid tale of assault. Now, the younger accuser has grown up and recanted [Michelle Mondo, My San Antonio]:
“I want my aunt and her friends out of prison,” Stephanie, 25, said by phone last week. “Whatever it takes to get them out I’m going to do. I can’t live my life knowing that four women are sleeping in a cage because of me.”…
On and off the witness stand, the sisters changed their accounts of the timing, the use of weapons, the perpetrators and other basic details of the assault every time they told it to authorities, records show.
P.S. And another Texas recantation, of charges lodged during a bitter custody fight, the defendant has served more than 12 years of a 20-year sentence.
A Texas appeals court has affirmed the dismissal of a lawsuit seeking to hold Anheuser-Busch liable for an assault suffered by a bar patron. The suit alleged that the long-neck design of the bottle made it too attractive for assailants seeking a weapon; the court agreed with the brewer that the plaintiff had failed to make out a sufficient case to avoid summary judgment. [Wajert, Mass Tort Defense]
Now posted: a recent Federalist Society podcast of a discussion that includes me, Texas attorney E. Lee Parsley, Texas lawprof Ronen Avraham, Judge Dennis Jacobs as moderator and Dean Reuter of the Federalist Society introducing. Running time is an hour and you can listen directly here. More from me on the new Texas law here.
The Texas Supreme Court has sent back for further adjudication a controversy in which two newspapers had failed to win a summary judgment motion in a libel case filed against them. It took judicial notice that the trial judge in the case had taken a plea bargain on racketeering charges that included having accepted a $8,000 bribe to rule against the newspapers on the motion [ABA Journal]
When a psychic calls in to inform you of an extremely sensational crime story undetected up to now, think carefully before you act [Scott Greenfield]
“[Diane] Tran said she works both full-time and part-time jobs, in addition to taking advanced and college level courses,” and her parents have “split up and moved away” leaving her in charge of a younger sister, which make it hard to keep to the exact school day. Judge Lanny Moriarty did not seem sympathetic: “If you let one run loose, what are you gonna’ do with the rest of ‘em?” [CBS Atlanta](& Hans Bader)
P.S. Earlier on truancy laws here.