- Many states have liberalized rules on family homeschooling, now comes the backlash from proponents of tighter regulation [NY Times]
- Kansas Supreme Court decrees higher school spending, estimated taxpayer cost upwards of $500 million [Greg Weiner, Law and Liberty, Wichita Eagle; earlier] After all, judicially directed school munificence worked so well in nearby Kansas City, Missouri [via @David_Boaz]
- Scaring ourselves to death: the insanity of school active shooter drills [Radley Balko]
- University of Virginia’s resistance to assault hoax weaker than Duke’s, possibly because pressure on skeptics to shut up has intensified [KC Johnson/Stuart Taylor, Jr./Real Clear Politics] Hans Bader on curious provisions of feds’ settlement with Harvard [Examiner, earlier]
- “Oklahoma court declines to order [high school] football game replayed for blown call” [Paul Cassell, more]
- Ohio judge rules principals, superintendent open to being sued personally over school shooting [Insurance Journal]
- “Wow. How fun is this? A merry go round welded stationary. So kids don’t get hurt. Way to go, New York!” [Lenore Skenazy]
A federal judge has declined to award summary judgment to Cinemark Holdings against a claim that it should have foreseen a madman’s mass shooting rampage at its Aurora, Colo. theater two years ago. [Deadline Hollywood] Ken White at Popehat corrects some media misapprehension about the difference between a summary judgment motion and disposition of the merits, but as a commenter points out, much of the practical damage is indeed done when a judge declines summary judgment in such a case, since the defendant then faces not only the substantial cost of trial but also the unpredictability of a jury faced with very sympathetic plaintiffs and a deep-pocket defendant; there is nothing either unusual or untraditional about judges’ averting these costs by ruling out particular liability theories as a matter of law.
More from Scott Greenfield: “The biggest growth job in America will be armed guard. … A theater showing a movie, even a Batman movie at midnight, is not a crazy killer magnet such that Cinemark could have possibly anticipated what would happen…. The law shouldn’t impose a duty that suggests otherwise.”
- Texas jury awards $27 million against McDonald’s in negligent security case [Bloomberg]
- NYC cop sues after being acquitted on rape charges, and from the difference in coverage between the NY Daily News and Slate, you might not realize it was the same case;
- “Obamacare was no inartful compromise; it was a brutal cramdown.” [Michael Greve, Law and Liberty, on Halbig]
- American Tort Reform Foundation nominations of “judicial hellholes” this year include Louisiana, South Florida and NYC [Abnormal Use]
- Antitrust’s awful academics [Tom Bowden, Ayn Rand Institute]
- New York Assembly Speaker Silver “earned up to $750,000 in 2013 working a few hours per week” at prominent tort firm [NY Daily News]
- Europe: Gardeners with sit-on lawnmowers face buying motor insurance [Telegraph]
- Celebrated as the “most insane amusement park ever,” New Jersey’s notorious Action Park reopens, minus some of its most extreme hazards [National Post]
- Insurance industry study finds attorneys getting into higher share of auto crash claims [IJ]
- Medical monitoring cases, once seen as wave of future, have not fared well in court [Steven Boranian, DDL]
- “Florida high court’s irrational ‘rational basis’ rejection of state tort reform undermines Rule of Law” [William W. Large, Washington Legal Foundation]
- For a sense of where tort pressure is being felt, list of litigation groups at AAJ (including newly formed groups) often provides clues;
- Los Angeles jury finds team partly liable in $14 million negligent security award for man beaten in Dodger Stadium parking lot [AP]
- “Perhaps this is the first of a wave of hose-entanglement cases” [Lowering the Bar, Louisiana]
The parents of a man killed in a 3 a.m. altercation outside the Original Hot Dog Shop in Pittsburgh’s Oakland neighborhood have sued the shop’s owners, saying the failure to provide security personnel “was an outrageous, reckless and callous act, in disregard for the safety of its patrons.” [Paula Reed Ward, Pittsburgh Post-Gazette]
“Jovan Belcher’s mother has filed a wrongful-death suit against the Chiefs, seeking unspecified damages after the former linebacker killed his girlfriend and himself in December 2012. The lawsuit… also alleges that the team … knew, or should’ve known, that Belcher showed signs of cognitive and neuro-psychiatric impairment.” [Kansas City Star]
Per Eugene Volokh‘s new article, a wide range of actors from landlords to employers to colleges to product manufacturers correctly see themselves as being at legal risk if they don’t surveill, probe, and share information about those they deal with:
Gathering or disclosing information about people’s backgrounds, tendencies, and actions is increasingly inexpensive, and increasingly effective at helping avoid, interrupt, or deter harm. …Failure to take those precautions thus becomes negligent. … Failure to provide camera surveillance is now a common claim in negligence cases.
An especially fertile source of such incentives is the duty (much expanded by modern developments in liability law) to take reasonable precautions against criminal acts by others. It will soon be feasible at low cost, if it is not already, for automakers to install electronic components in new cars that send a warning communication — to police monitors, for example — when a motorist tries to drive at very high speed. What will happen after automakers begin to be sued after accidents for not installing such components?
At 5 a.m., although the seating area of the fast-food restaurant was closed, the drive-through window was still filling orders. Some people were partying in the parking lot when Ali Aziz and a friend arrived. The friend got into an altercation with the partiers, Aziz stepped in and was beaten and nearly killed, suffering brain damage. Lawyers proceeded to argue that the fast-food chain should have trained its employees better and failed to follow its own procedures for handling disruptive customers. “The jury award was actually for $25 million but was reduced to $20.5 million because jurors found Aziz was partially to blame for his involvement in the fight.” [St. Louis Post-Dispatch]
“A Boston Red Sox fan who was harassed and stabbed through the neck by a New York Yankees fan at a restaurant in 2010 has been awarded $4.3 million by a jury. The jury in New Haven reached the verdict Thursday in favor of Monte Freire and against the restaurant, U.S.S. Chowder Pot III, in Branford, attorneys for both sides said.” The plaintiff’s lawyer said the restaurant had been put on notice that the Yankees fan was potentially violent and should have cut him off from further liquor; the restaurant’s attorney said that while the man had previously behaved like a jerk, he was sitting quietly when observed which is why the bartender decided only to monitor him. [ESPN]
Ryan Koopmans summarizes a baffling Iowa Supreme Court case in which a 4-3 majority of justices decided a bowling alley owner could be sued for having thrown a customer out for insulting a second customer, who — after reacting calmly at the time — then went out to the parking lot and committed violence on his provoker:
So what are the takeaways from the Hoyt decision? For bar and restaurant owners: It’s not enough to kick out an aggressive bar patron; unless you want to pay the cost of litigation and a full trial, your employees should call the police every time one patron taunts another, or, at the very least, they should personally escort every trash-talker to his car.
The takeaway for police departments: You’re going to need more officers.