August 8th, 2008 at 8:54 am
The idea does seem to be in the air (Coyote, Aug. 5; Alex Lockwood, Jul. 31 but note Aug. 4 post backtracking somewhat). Lockwood writes from the U.K., which of course lacks our First Amendment. On the idea of staging show trials of energy executives for propagating incorrect opinion, see Point of Law, Jun. 23, as well as Kivalina suit coverage.
In bloggers and the law; climate change; free speech; Kivalina; United Kingdom
August 6th, 2008 at 2:48 pm
“Naomi Gadian, 21, from Manchester, claims that multiple choice testing discriminates against people with dyslexia” and is suing Britain’s General Medical Council and her college, the Peninsula College of Medicine and Dentistry in Plymouth, under the Disability Discrimination Act 1995, the U.K. equivalent of the Americans with Disabilities Act. (”Dyslexic medical student takes legal action against multiple choice exams”, Plymouth Herald, Jul. 30).
In colleges and universities; disability & schools; medical; testing; United Kingdom
July 31st, 2008 at 12:27 am
- Raft-flip mishap at Riviera Beach, Fla. water park: family’s collective weight far exceeded posted limit on warning signs, they’re mulling suit [Palm Beach Post]
- New Rigsby/Katrina depositions include sensational new allegations of Scruggs misconduct as well as touches of pathos [Point of Law]
- “Al Gore Places Infant Son In Rocket To Escape Dying Planet” [The Onion]
- So much coverage of Hasbro vs. Scrabulous but so little solid reportage by which readers might judge strength of copyright infringement claims [Obbie]
- City of Seattle spokesman says police actions in shootout with gunman might have “saved countless other lives”, which hasn’t saved city from being sued by injured bystander [Seattle Times]
- First the vaccine-autism scare, now this? “Mercury militia” crows after FDA agrees to move forward with statement on possible risks of dental amalgam, but maybe there’s not a whole lot for them to chew on [Harriet Hall, Science-Based Medicine]
- Of lurid allegations in paralegal Angela Robinson’s suit against Texas plaintiff potentate Richard Laminack, the most printable are the ones about chiseling fen-phen clients and not paying overtime [American Lawyer; Laminack response]
- U.K. attorney suing former bosses for £19 million: that wasn’t me at the interview, that was my alternative personality [Times Online]
- Allegation: Foxwoods croupier thought he could mutter lewd comments in Spanish about Anglo female patrons, but guess what, one was entirely fluent [NY Post]
- “Richard Branson claims to own all uses of ‘Virgin’” [three years ago on Overlawyered]
In amusement parks; copyright; Dickie Scruggs; FDA; Florida; John O'Quinn; Katrina; police; Seattle; Texas; trademark; United Kingdom; workplace
July 16th, 2008 at 5:54 pm
- Another compilation of the hundred best law blogs, with a familiar name among the nine “general” picks, so thanks for that ["Criminal Justice Degrees Guide" via ABA Journal]
- Europe has a transnational association of personal injury lawyers, funded by the EU, but with no wheeler-dealer, masters-of-the-universe vibe in evidence [PoL]
- Delta wasn’t liable in Kentucky Comair crash, but some plaintiffs sued it anyway in what their lawyer describes as an “abundance of caution” — that’s a diplomatic way to put it [Aero-News Net; link fixed now]
- U.K.: Mom told she’d need to pass criminal record check before being allowed to take her own son to school [Telegraph]
- Regular coverage of the litigious exploits of delusional inmate Jonathan Lee Riches, if you’ve got the stomach for them [Dreadnaught blog]
- Federal Circuit reverses $85 million infringement verdict won by Raymond Niro, blasted by critics as original “patent troll” [AmLaw Daily]
- “Determined to defeat lawsuits over addiction, the casino industry is funding research at a Harvard-affiliated lab.” [Salon]
- Hired through nepotism by in-laws, then fired after divorce, sues on grounds of “marital status discrimination” [eight years ago on Overlawyered]
In accolades; airlines; child protection; compulsive gambling; Europe; Jonathan Lee Riches; patent trolls; Raymond Niro; shotgun defendant selection; United Kingdom
July 15th, 2008 at 12:02 am
- New York attorney suspended from practice after attempting as guardian to extract $853,000 payday from estate of Alzheimer’s victim [ABA Journal, Emani Taylor]
- Bought a BB gun to fend off squirrels, now his 20-year-old son faces three years for bare possession [MyCentralJersey.com via Zincavage]
- U.K.: “Sports clubs face being put out of business following a landmark court ruling forcing them to be liable for deliberate injuries caused by their player to an opponent.” [Telegraph]
- Prosecutors in Norwich, Ct. still haven’t dropped their case against teacher Julie Amero in malware-popup smut case. Why not? [TalkLeft, earlier]
- Dealership protection laws, deplored earlier in this space, work to make a GM bankruptcy both likelier and messier [The Deal]
- Strange new respect for talk show host Joe Scarborough in quarters where conservatives are ordinarily disliked? Some of us saw that coming [NYMag]
- Following Rhode Island rout of lawsuit against lead-paint makers, Columbus, Ohio drops its similar case [PoL, Akron Beacon Journal editorial]
- In latest furor over free speech and religious sensitivity in Europe, Dutch authorities have arrested cartoonist “suspected of sketching offensive drawings of Muslims and other minorities” [WSJ; "Gregorius Nekschot"]
In auto dealership protection laws; free speech; General Motors; guns; lead paint; Netherlands; New York; sports; United Kingdom; wills and trusts
July 9th, 2008 at 4:14 pm
- Significant if true: Ninth Circuit may have finally decided that judges should stop micromanaging Forest Service timber sales [Lands Council v. McNair, Adler @ Volokh]
- GMU lawprof/former Specter aide whose law review output grabbed big chunks of others’ work without attribution doesn’t belong on the federal bench, though he may have a future at Harvard Law [Liptak, NYT; WSJ law blog]
- Update on gift card class actions (earlier) filed by Madison County, Ill.’s mother-daughter team of Armettia Peach and Ashley Peach [MC Record; more background here and here]
- If you regard demand letters from attorneys as menacing and aggressive, maybe you’re one of those “lawyer-haters” with cockamamie notions of loser-pays [Greenfield, and again]
- Just wait till Public Citizen goes after those “charities” that spend more on telemarketing than they raise by it — oh, wait a minute [LA Times via Postrel]
- U.K.: nursery schools urged to report as “racist” incidents in which pre-schoolers say “yuk” about spicy foreign foods [BBC, Telegraph, Taranto; the author speaks, via Michael Winter, USA Today]
- Blawg Review #167 creatively assigns each of 50+ blog posts to its own “state”, though it took some doing to associate us with “Maryland” [Jonathan Frieden, E-Commerce Law]
- I will NOT go around saying Miami-Dade judges are being paid off… I will NOT go around saying Miami-Dade judges are being paid off… [Daily Business Review, earlier]
- “‘I’m thinking of getting disability.’ … This individual figured that [it] was tantamount to a career choice”. [physician blogger Edwin Leap]
In environment; Florida; Harvard; law schools; Madison County; nastygrams; Ninth Circuit; political correctness; Public Citizen; United Kingdom
July 8th, 2008 at 2:05 pm
- Business groups have signed off on dreadful ADA Restoration Act aimed at expanding disabled-rights lawsuits, reversing high court decisions that had moderated the law [WSJ; more here and here]
- U.K. man to win damages from rail firms on claim that trauma of Paddington crash turned him into deranged killer [Times Online]
- Patent cases taken on contingency lead to gigantic paydays for D.C.’s Dickstein Shapiro and Wiley Rein [Kim Eisler, Washingtonian; related last year at Eric Goldman's]
- Fort Lauderdale injury lawyer disbarred after stealing $300K in client funds; per an ABA state-by-state listing, Florida has not enacted payee notification to help prevent/detect such goings-on [Sun-Sentinel; more]
- I’ll pay top dollar for that spot under the bridge: tech firms hope to outbid patent trolls for marginal inventor rights [ABA Journal]
- Enviro-sympathetic analysis of Navy sonar case [Jamison Colburn, Dorf on Law, first and second posts via Adler @ Volokh]
- Obama proposal for youth national service “voluntary”? Well, schools will lose funds if they fail to meet goals [Goldberg, LAT; bad link fixed now]
- Not-so-independent sector: under pressure from Sacramento legislators (Feb. 6, PoL May 30), California foundations pledge to redirect millions toward minority causes [CRC]
- James Lileks on lawyer-friendly Microsoft Minnesota settlement [four years ago on Overlawyered]
In California; contingent fee; disabled rights; Florida; Navy sonar; Obama; patent litigation; patent trolls; payee notification; railroads; schools; third party liability for crime; United Kingdom
June 18th, 2008 at 10:43 am
- Are plaintiffs’ attorneys judge-shopping by filing and dismissing and refiling identical class-action complaints in the highly-publicized restaurant menu case against Applebee’s? [Cal Biz Lit]
- You won’t be surprised that most of the nine worst business stories picked by BMI involve spoon-feeding by plaintiffs’ attorneys to a credulous press. [Business & Media Institute]
- “There’s no justification whatsoever for the agency to take any kind of action,” said Julie Vallese, a spokeswoman for the Consumer Product Safety Commission. “The claims being made about the dangers of shower curtains are phantasmagorical. It’s ridiculous.” Yeah, but the lawsuits are bound to happen anyway. [NY Daily News]
- Jack Thompson stays in the news when U.S. Marshals pay him a visit after a letter to a judge. [GamePolitics (h/t J.L.)]
- “A City lawyer who is demanding £19 million in compensation for work-place bullying faked a nervous breakdown to secure a larger payout, an employment tribunal was told.” [London Times via ATL]
- Did defensive medicine almost kill a patient when doctor worries more about potential lawsuit than whether nurse could save patient’s life? Heck if I know, but the underlying medicine is debated in the comments. [EM Physician blog]
- Hair-stylist fined £4,000 for “hurt feelings” after refusing to hire a Muslim stylist who wouldn’t show her hair at work. [Daily Mail (h/t Slim); earlier on Overlawyered]
- Disturbing turn in the Adam Reposa disciplinary hearing over his obscene gesture in court: state bar introduces satirical magazine as evidence because they “thought it was indicative of Reposa’s lack of respect for the law and the court system.” [Texas Lawyer/law.com] Mind you, this is the same Texas legal discipline system that refused to take action against Fred Baron and gave a slap on the wrist to the lawyers who tried to fake evidence in a product liability suit against Chrysler. As long as your priorities are straight.
In Adam Reposa; class actions; defensive medicine; forum shopping; free speech; Jack Thompson; legal discipline; media bias; religious discrimination; Texas; United Kingdom; workplace
June 16th, 2008 at 12:03 am
- Educator acquitted on charges of roughness toward special ed student sues Teacher Smackdown website over anonymous comments criticizing her [NW Arkansas Morning News, Citizen Media Law Project, House of Eratosthenes]
- Lorain County, Ohio judge who struck down state’s death penalty has Che Guevara poster in his office, though Guevara wasn’t exactly an opponent of killing [USA Today]
- Privatization of U.S. Senate food service is a parable for wider issues [Tabarrok]
- Low-end strategies for acquiring criminal-law clients include trolling the attorney visiting area at the federal lockup, paying the hot dog guy in front of the courthouse [Greenfield]
- A Canadian Senator on why his country’s medical malpractice law works better than you-know-whose [Val Jones MD leads to audio]
- U.K.: convicted rapist sexually assaults and murders teenage girl after housing authority is told evicting him would breach his human rights [Telegraph]
- No word of legal action (yet, at least) in Salina, Kansas car crash that driver blames on “brain freeze” from Sonic restaurant frozen drink [AP/K.C. Star]
- In Michigan, some mysterious entity is trying to drop an electoral anvil on two of our favorite jurists [PoL]
In brain freeze; Canada; chasing clients; judges; Kansas; medical malpractice; Michigan; Ohio; online speech; politics; restaurants; schools; United Kingdom
June 5th, 2008 at 11:04 am
- “I believe it’s frivolous; I believe it’s ridiculous, and I believe it’s asinine”: Little Rock police union votes lopsidedly not to join federal “don/doff” wage-hour lawsuit asking pay for time spent on uniform changes [Arkansas Democrat Gazette courtesy U.S. Chamber]
- Must-read Roger Parloff piece on furor over law professors’ selling of ethics opinions [Fortune; background links @ PoL]
- Too rough on judge-bribing Mississippi lawyers? Like Rep. Conyers at House Judiciary, but maybe not for same reasons, we welcome renewed attention to Paul Minor case [Clarion-Ledger]
- American Airlines backs off its plan to put Logan skycaps on salary-only following loss in tip litigation [Boston Globe; earlier]
- U.K.: Infamous Yorkshire Ripper makes legal bid for freedom, civil liberties lawyer says his human rights have been breached [Independent]
- In long-running campaign to overturn Feres immunity for Army docs, latest claim is that military knowingly withholds needed therapy so as to return soldiers to front faster [New York Rep. Maurice Hinchey on CBS; a different view from Happy Hospitalist via KevinMD]
- Profs. Alan Dershowitz and Robert Blakey hired to back claim that Russian government can invoke U.S. RICO law in its own courts to sue Bank of New York for $22 billion [WSJ law blog, earlier @ PoL]
- Minnesota Supreme Court declines to ban spanking by parents [Star-Tribune, Pioneer Press]
- Following that very odd $112 million award (knocked down from $1 billion) to Louisiana family in Exxon v. Grefer, it’s the oil firm’s turn to offer payouts to local neighbors suffering common ailments [Times-Picayune, UPI]
- AG Jerry Brown “has been suing, or threatening to sue, just about anyone who doesn’t immediately adhere” to his vision of building California cities up rather than out [Dan Walters/syndicated]
- Virginia high school principal ruled entitled to disability for his compulsion to sexually harass women [eight years ago on Overlawyered]
In airlines; California; child protection; environment; ethics; Jerry Brown; labor unions; law schools; Louisiana; Minnesota; Paul Minor; prisoners; racketeering and RICO; Russia; United Kingdom; wage and hour suits
May 22nd, 2008 at 9:11 am
…can get you in considerable trouble with the City of London constabulary, it seems. (Volokh; Sullum, Reason “Hit and Run”).
In free speech; Scientology; United Kingdom
May 17th, 2008 at 2:27 pm
From its pursuit of the knitting-pattern Doctor Who fan. (Telegraph, May 17; earlier).
In fans as infringers; United Kingdom
May 14th, 2008 at 12:33 pm
“A Doctor Who fan who gave away knitting patterns which created vague recreations of the programme’s aliens has been threatened with legal action by the BBC for copyright infringement.” (Andy Bloxham, Daily Telegraph, May 14). More: Times Online.
In broadcasters; copyright; fans as infringers; United Kingdom
May 10th, 2008 at 9:55 am
Deflating many a future backyard birthday party: “Parents who hire bouncy castles for a child and his or her friends could be liable for damages for any injuries suffered by the children after a landmark High Court ruling yesterday.” (Times Online/Telegraph).
In schools; United Kingdom
April 26th, 2008 at 10:52 pm
To borrow the summary from the highly recommended Arts & Letters Daily: “The British love their trees, but across the land beautiful old trees are being chopped down in their thousands. The reason? Safety rules and hungry lawyers… ” (Michael McCarthy, “Green giants: Our love affair with trees”, Independent (U.K.), Apr. 25). Earlier: Dec. 3, 2006, etc. More: Scott Greenfield says don’t blame the lawyers, blame the towns and other authorities for overreacting.
In environment; liability; trees; United Kingdom
April 18th, 2008 at 9:23 pm
At Commentary’s “Contentions”, Ted Bromund notes the Gilbert-and-Sullivanesque nature of the Royal Navy’s fear that detaining pirates off the coast of Somalia, or denying them subsequent asylum if sought, might violate their international human rights (Apr. 18). Earlier here.
In United Kingdom
April 18th, 2008 at 9:18 am
“Taxpayers have footed a £1 million compensation bill after almost 200 drug-addicted prisoners sued the Government, claiming that denying them a heroin substitute breached their human rights. The prisoners claimed that their rights were infringed when they were deprived of methadone and had to go ‘cold turkey’.” (Richard Ford, Times Online, Apr. 18).
In prisoners; United Kingdom
April 17th, 2008 at 12:11 am
A new book contends that subpar rivets and riveting might have materially contributed to the disaster. Given the erosion of statutes of limitations, might that give rise to lawsuits, even after all this time? (Childs, Apr. 15).
In statutes of limitations; United Kingdom