Overlawyered » Washington state

April 11 roundup

Walter Olson — Thu, 11 Apr 2013 04:06:29 +0000

More on Maryland cyber-bullying law vs. First Amendment [Mike Masnick/TechDirt, and thanks for quote; earlier here, here]
Family of Trayvon Martin settles with homeowners’ association for an amount believed north of $1 million [Orlando Sentinel, earlier]
Best of the recent crop of commentaries on violent political terrorists of 1960s landing plum academic gigs [Michael Moynihan, Daily Beast, earlier]
First the New Mexico photographer case, now attorney general of Washington sues florist for not serving gay wedding [Seattle Times; earlier on Elane Photography v. Willock]
“‘Vexatious litigator’ is suspect in courthouse bomb threats in five states” [ABA Journal]
Cannon, meet moth: Ken instructs a guy at WorldNetDaily why hurt feelings don’t equal fascism [Popehat] “The Trick In Dealing With Government: Find The Grown-Up In The Room” [same]
A true gentleman and friend: R.I.P. veteran New York editor and publisher Truman Talley, “Mac,” who published many a standard author from Ian Fleming to Jack Kerouac to Rachel Carson to Isaac Asimov and late in his illustrious career took a flyer on a complete novice in the books that became The Litigation Explosion and The Rule of Lawyers [NYT/Legacy]

Tags: colleges and universities, discrimination law, Martin-Zimmerman case, on other blogs, same-sex marriage, serial litigants, Washington state

April 11 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Washington: “high court allows lawsuit over 911 response”

Walter Olson — Sun, 02 Dec 2012 16:22:44 +0000

“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]

Tags: emergency services, police, sovereign immunity, third party liability for crime, Washington state

Washington: “high court allows lawsuit over 911 response” is a post from Overlawyered - Chronicling the high cost of our legal system

Election roundup

Walter Olson — Tue, 06 Nov 2012 04:04:25 +0000

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]

Tags: autos, Barack Obama, California, churches, Florida, Michigan, Mitt Romney, sovereign immunity, Washington state

Election roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Maine Question 1, Maryland Question 6, Washington Referendum 74, Minnesota Amendment One

Walter Olson — Sun, 28 Oct 2012 19:33:36 +0000

Voters in four states will decide same-sex marriage ballot questions on Nov. 6. As many readers know, I’ve been writing actively on the Maryland question, and those interested in catching up on that can follow the links here to find, among other things, my recent interview on the subject with the Arab news service Al-Jazeera, my thoughts on Judge Dennis Jacobs’s decision striking down Section 3 of DOMA (the federal Defense of Marriage Act), and my reaction to the other side’s “bad for children” contentions.

The Cato Institute has been doing cutting-edge work on the topic for years from a libertarian perspective; some highlights here.

Yet more: Hans Bader on religious liberty and anti-discrimination law [Examiner, CEI] And my letter to the editor in the suburban Maryland Gazette: “Civil society long ago decoupled marriage law from church doctrines.”

Tags: Catholic Church, churches, discrimination law, Maine, Maryland, Minnesota, same-sex marriage, Washington state

Maine Question 1, Maryland Question 6, Washington Referendum 74, Minnesota Amendment One is a post from Overlawyered - Chronicling the high cost of our legal system

Politics roundup

Walter Olson — Sat, 27 Oct 2012 12:04:15 +0000

Michigan Supreme Court race: three seats at stake, including Stephen Markman’s [Charles Crumm/Mt. Pleasant Morning Sun, Collin Levy, WSJ]
Notable state attorney general races include West Virginia, Missouri, Montana [Ballotpedia, Governing; Carrie Severino, NRO] Battle of the sleazy ads in Washington race [Seattle Times]
“Fixed-income retiree” in Kaine ad turns out to be well-connected Virginia trial lawyer [Paul Bedard, Washington Examiner ] “33% of settlements is a fixed income, in a way” [Chris DeRose]
Federal free-cellphone scheme enriches some political influentials [Washington Free Beacon]
History of judicial elections in the US: rethinking the received account [Stuart Banner, Jotwell, on Jed Shugerman]
After election, expect renewed push for limits on campaign spending [Ira Stoll]
John Roberts’ doing? “Supreme Court not top campaign issue,” didn’t come up at debates [USA Today] Do libertarians fare better with Republican presidents’ Supreme Court picks, or just libertarian lawprofs? [Bernstein, Radia, etc.]

Tags: attorneys general, cellphones, John Roberts, judicial elections, Michigan, Virginia, Washington state

Politics roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Product liability roundup

Walter Olson — Mon, 01 Oct 2012 04:04:10 +0000

“Oklahoma Court Tosses Jury Verdict Over ‘Defective’ Louisville Slugger” [Daniel Fisher/Forbes, Abnormal Use] “In contrast, a New Jersey case against the same defendant resulted in a multi-million-dollar settlement divorced from any showing of culpability.” [PoL]
An expert witness wore two hats [Chamber-backed Madison County Record]
5-4 Washington Supreme Court decision in asbestos case bodes ill for makers of safety devices [Pacific Legal Foundation]
“Defective design and the Costa Concordia” [Rob Green, Abnormal Use; Rick Spilman, The Old Salt]
Calif. appeals court says man shot by 3 year old son can sue Glock [SFGate]
“Evidence of Drug Use May Be Relevant in Product Liability Litigation” [Farr, Abnormal Use]
“What used to be in chemistry sets that are not in there anymore are actual chemicals” [BBC, earlier here, here]

Tags: asbestos, baseball bats, chemistry sets, cruise ships, expert witnesses, guns, Oklahoma, product liability, Washington state

Product liability roundup is a post from Overlawyered - Chronicling the high cost of our legal system

“Federal judge dismisses claims in fatal mountain goat attack”

Walter Olson — Mon, 03 Sep 2012 14:31:36 +0000

The judge ruled that “even though the park could have acted more quickly to kill or relocate the goat, its actions are immune from lawsuits under the Federal Tort Claims Act because they involved an exercise of discretion related to public policy.” [Peninsula Daily News, Washington; AP; earlier here and here]

Tags: animals, environment, sovereign immunity, Washington state

“Federal judge dismisses claims in fatal mountain goat attack” is a post from Overlawyered - Chronicling the high cost of our legal system

July 25 roundup

Walter Olson — Wed, 25 Jul 2012 04:06:25 +0000

Town of Gold Bar, Wash. (pop. 2,100) brought to brink of bankruptcy by multiple lawsuits following political feuds; “We are going broke winning lawsuits,” says mayor [Monroe Monitor via ABA Journal]
“No one in Youngstown Ohio has a Swiss bank account…except maybe that big new Swiss employer in town?” [Matt Welch, earlier] William McGurn: FATCA and the IRS’s reach abroad [WSJ via TaxProf, earlier here, here] Politicians and lawyers demand “improvements” to IRS bounty-paid-informant program, but what if anything they improve may depend on your point of view [TaxProf, earlier]
A human rights professor endorses a new model of residential facility that comes with names like “Freedom Place.” But what’s that on the door — could it be a lock to prevent escape? [Maggie McNeill] Romney spokesman says he’ll smite smut, Gov. Gary Johnson takes a more libertarian view [Daily Caller]
New Mark Herrmann book on in-house lawyering [Victoria Pynchon, Scott Greenfield, Paul Karlsgodt]
Mortgage eminent-domain seizure plan raises serious constitutional concerns [Andrew Grossman, earlier here, here]
Central casting? Send over one “business basher,” please: Sidney Wolfe says $3 billion Glaxo settlement too lenient [CL&P, earlier]
Ted Frank pre-vets the possibilities for Romney VP [PoL] Romney’s law and legal policy team [Brian Baxter, AmLaw Daily]

Tags: eminent domain, international human rights, lawyers, legal blogs, Mitt Romney, mortgages, pharmaceuticals, Switzerland, taxes, Ted Frank, Washington state

July 25 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

“Kids Severely Sunburned at School Because They Didn’t Have ‘Prescription’ for Sunscreen”

Walter Olson — Sun, 24 Jun 2012 05:22:23 +0000

According to the parent’s account, the principal of the Tacoma, Washington school cited liability reasons for the prevailing policy; on a happier note, a school official says a newly enacted law will allow that policy to be changed. [Jesse Michener via Lenore Skenazy, Free-Range-Kids]

Tags: schools, Washington state

“Kids Severely Sunburned at School Because They Didn’t Have ‘Prescription’ for Sunscreen” is a post from Overlawyered - Chronicling the high cost of our legal system

June 1 roundup

Walter Olson — Fri, 01 Jun 2012 04:04:02 +0000

Most embarrassing lawsuit Hall of Fame (plaintiff’s decedent division) [Atlanta Journal-Constitution, cardiology med-mal; more]
Latest twist in ongoing speech-chilling saga worthy of attention from PEN: attorney Aaron Walker is charged in Rockville, Md. after a court interprets his blogging about an adversary as a violation of a peace order [Hans Bader and more, Eugene Volokh, Scott Greenfield with comments from Maryland lawyer Bruce Godfrey, Patterico, Popehat, and many others; earlier here, here, and here.] And Ken at Popehat, in a perhaps not unrelated development, puts out a call for a pro bono criminal lawyer to protect a blogger in M.D. Fla. and M.D. Tenn.
California lament: Facebook must pay hefty bribe to be allowed to hire more employees [Coyote]
“The burdens of e-discovery” [Ted Frank/PoL]
Strangest judicial campaign video of the year? [Jim Foley, candidate for Washington Court of Appeals, Olympia; Above the Law, followup]
Massive wave of disability claims among returning vets [AP]
We keep loading up company compliance/ethics folk with new regulatory responsibilities. How’s that working out? [Compliance Week]

Tags: bloggers and the law, California, discovery, Facebook, free speech, medical malpractice, military, Washington state

June 1 roundup is a post from Overlawyered - Chronicling the high cost of our legal system