Overlawyered » watch what you say about lawyers http://overlawyered.com Chronicling the high cost of our legal system Tue, 04 Aug 2015 15:55:56 +0000 en-US hourly 1 http://wordpress.org/?v=4.2.2 Free speech roundup http://overlawyered.com/2015/02/free-speech-roundup-38/ http://overlawyered.com/2015/02/free-speech-roundup-38/#comments Wed, 11 Feb 2015 05:05:31 +0000 http://overlawyered.com/?p=51244 Departing NPR ombudsman claims U.S. free speech guarantees wouldn’t protect Charlie Hebdo, many on Twitter would like to set him straight on that [Edward Schumacher-Matos] More: Hans Bader. Ninth Circuit urged to revisit whether First Amendment protects right to refer to real-world players in fantasy sports [Volokh] Multi-party parliamentary panel in Britain proposes banning persons […]

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

]]>
  • Departing NPR ombudsman claims U.S. free speech guarantees wouldn’t protect Charlie Hebdo, many on Twitter would like to set him straight on that [Edward Schumacher-Matos] More: Hans Bader.
  • Ninth Circuit urged to revisit whether First Amendment protects right to refer to real-world players in fantasy sports [Volokh]
  • Multi-party parliamentary panel in Britain proposes banning persons who “spread racial hatred” from Twitter, Facebook, other social media [BBC] Visiting newsagents: “Police from several UK forces seek details of Charlie Hebdo readers” [The Guardian]
  • Ecuador regime continues counterattack against social media critics at home and abroad [Adam Steinbaugh (Twitter suspends account “for posting DMCA notice”), The Guardian, earlier] Cartoonist “Bonil” put on trial [Freedom House]
  • Burt Neuborne, Robert Corn-Revere debate Williams-Yulee v. Florida Bar case: “Should elected judges be allowed to ask for donations?” [National Constitution Center podcast with Jeffrey Rosen via Ronald Collins, Concurring Opinions]
  • Second Circuit confirms: law allowing expungement of arrest records doesn’t require media to go back and delete related news stories [AP, Volokh]
  • Rakofsky suit against legal bloggers and other defendants (more than 80 in all) sputters toward apparent conclusion [Turkewitz, more (need for stronger protections against speech-chilling suits under New York law)]
  • Tags: , , , ,

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

    ]]>
    http://overlawyered.com/2015/02/free-speech-roundup-38/feed/ 1
    Not About the Money Watch II: Yelp user sued after slamming law firm http://overlawyered.com/2014/07/money-watch-ii-yelp-user-sued-slamming-law-firm/ http://overlawyered.com/2014/07/money-watch-ii-yelp-user-sued-slamming-law-firm/#comments Mon, 21 Jul 2014 09:56:58 +0000 http://overlawyered.com/?p=47184 “A Texas law firm has sued a former client over a negative Yelp review, posted after the firm sued the client for attorney fees.” Joseph Browning of Austin had comprehensively denounced the firm as “disorganized, deceptive, manipulative and largely disrespected,” “selfish and incapable of showing empathy towards their clients,” and one that “will take everything […]

    Not About the Money Watch II: Yelp user sued after slamming law firm is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    “A Texas law firm has sued a former client over a negative Yelp review, posted after the firm sued the client for attorney fees.” Joseph Browning of Austin had comprehensively denounced the firm as “disorganized, deceptive, manipulative and largely disrespected,” “selfish and incapable of showing empathy towards their clients,” and one that “will take everything you’ve got,” in a review that the law firm described as defamatory and “blatantly false.” [ABA Journal]:

    The new suit, [attorney Kirk] Fulk said, “is not about the money. I would be shocked and amazed if [the firm’s name partners] even got their filing fees back from Mr. Browning. It’s purely a matter of principle and personality. They don’t want their names slandered.”

    Tags: ,

    Not About the Money Watch II: Yelp user sued after slamming law firm is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2014/07/money-watch-ii-yelp-user-sued-slamming-law-firm/feed/ 0
    Free speech roundup http://overlawyered.com/2014/01/free-speech-roundup-26/ http://overlawyered.com/2014/01/free-speech-roundup-26/#comments Thu, 30 Jan 2014 04:05:09 +0000 http://overlawyered.com/?p=43685 “Bloggers = Media for First Amendment Libel Law Purposes” [Obsidian Finance Corp. v. Cox; Volokh] Co-workers’ taking of Lord’s name in vain is element in discrimination claim of religious harassment [Oregon; Ruder Ware] “Michigan Court of Appeals Again Protects Anonymous Criticism” [Paul Alan Levy] Virginia by contrast adopts standard less protective of speech [same] Is […]

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

    ]]>
  • “Bloggers = Media for First Amendment Libel Law Purposes” [Obsidian Finance Corp. v. Cox; Volokh]
  • Co-workers’ taking of Lord’s name in vain is element in discrimination claim of religious harassment [Oregon; Ruder Ware]
  • “Michigan Court of Appeals Again Protects Anonymous Criticism” [Paul Alan Levy] Virginia by contrast adopts standard less protective of speech [same] Is D.C. lawyer attempting to unmask Wikipedia editor in defamation suit a “public figure?” [NLJ]
  • Judge Posner blasts class-action firm for supposed misconduct, law firm offers evidence to rebut that and proceeds to sue law firm McGuire Woods for allegedly misrepresenting facts of case at its prominent Class Action Countermeasures blog [Alison Frankel, Reuters]
  • “Lawyer says he will drop suit alleging website unfairly cast him as a ‘tree mutilator'” [ABA Journal (compares townspeople who criticized tree removal to “bullies,”) Greenfield, Columbia (Mo.) Tribune]
  • “The victims are ‘too Christian’ to excite the Left, and ‘too foreign’ to excite the Right.” [Michael Brendan Dougherty, The Week, on Mideast persecution] “God may not have felt threatened, but his supporters did” [Nick Cohen on UK’s Maajid Nawaz t-shirt controversy via @secularright, Ken at Popehat] Prison for “blasphemous” Facebook posting, in Greece, not Pakistan or Sudan [Guardian]
  • Defendants in Michael Mann’s lawsuit against critics seem to be getting standard “don’t write about getting sued” instructions from their lawyers, but that’s not easy advice to give Mark Steyn [SteynOnline, Jonathan Adler (Mann wins a round opening way to discovery]
  • Tags: , , , , , ,

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

    ]]>
    http://overlawyered.com/2014/01/free-speech-roundup-26/feed/ 1
    Update: liability for publishing articles that undermine lawsuits http://overlawyered.com/2013/10/update-liability-publishing-articles-undermine-lawsuits/ http://overlawyered.com/2013/10/update-liability-publishing-articles-undermine-lawsuits/#comments Wed, 23 Oct 2013 10:14:05 +0000 http://overlawyered.com/?p=42080 “A federal appeals court has shot down a Massachusetts consumer protection case against two doctors, a medical journal and its publisher over an allegedly flawed article cited by defendants in birth-injury medical malpractice cases. That means plaintiffs’ attorneys will have to challenge the article’s validity in each case in which the defense wishes to cite […]

    Update: liability for publishing articles that undermine lawsuits is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    “A federal appeals court has shot down a Massachusetts consumer protection case against two doctors, a medical journal and its publisher over an allegedly flawed article cited by defendants in birth-injury medical malpractice cases. That means plaintiffs’ attorneys will have to challenge the article’s validity in each case in which the defense wishes to cite it.” The First Circuit did not reach the issue of constitutional free speech, but upheld a lower court’s ruling that the plaintiff had not shown adequately that expert testimony reliance on the allegedly faulty article had resulted in the loss of the litigation in question. [Sheri Qualters, NLJ] Earlier on A.G. v. Elsevier here.

    Tags: , , , , ,

    Update: liability for publishing articles that undermine lawsuits is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2013/10/update-liability-publishing-articles-undermine-lawsuits/feed/ 0
    Publish an article that undermines lawsuits? See you in court http://overlawyered.com/2013/09/publish-article-undermines-lawsuits-see-court/ http://overlawyered.com/2013/09/publish-article-undermines-lawsuits-see-court/#comments Wed, 18 Sep 2013 14:03:07 +0000 http://overlawyered.com/?p=41482 A plaintiff’s lawyer is suing a medical journal and two doctors for publishing a case report that makes it harder to win some birth-injury lawsuits. Here are the details, as reported by Sheri Qualters of the National Law Journal. Some newborns are found to be suffering from brachial plexus injury, a type of harm to […]

    Publish an article that undermines lawsuits? See you in court is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    A plaintiff’s lawyer is suing a medical journal and two doctors for publishing a case report that makes it harder to win some birth-injury lawsuits.

    Here are the details, as reported by Sheri Qualters of the National Law Journal. Some newborns are found to be suffering from brachial plexus injury, a type of harm to a child’s shoulder, arm, or hand that in a minority of cases results in permanent disability (so-called Erb’s palsy or a number of related conditions). A large volume of birth-injury litigation goes on as a result, in part because courts have tended to accept the idea that the only medically recognized cause of those conditions in newborns is excessive or traumatic use of physical force by clinicians (“traction”). In 2008, however, the American Journal of Obstetrics & Gynecology published a case report of a delivery in which an infant was found to be suffering such injury although the physician by her own account had not applied any excessive traction during the birth. If instead natural forces of labor could cause the dislocation resulting in the condition, many lawsuits might rest on shakier ground. Since then, defense lawyers have cited the report — by Henry Lerner of Harvard Medical School and Eva Salamon of the Bond Clinic in Winter Park, Fla. — in litigation.

    A Boston lawyer who claims to have debunked the Lerner-Salamon case study has proceeded to sue its two authors, Elsevier — which publishes AJOG and many other medical and scientific journals — and Dr. Salamon’s clinic for publishing and refusing to retract it. The damages are said to be $3 million each to two families of infant plaintiffs whose lawsuits did not succeed allegedly because of the case report. The lawsuit invokes a Massachusetts consumer protection law which allows treble damages, and also asks for a court order forbidding the report to be entered as evidence in future litigation. A trial court dismissed the case, in part on the grounds that the plaintiffs had not shown that the article was a material cause of the families’ failure to prevail in the suits. Now the case is on appeal to the First Circuit, where defense lawyers are arguing, inter alia, that if there are weaknesses in the article the remedy for plaintiffs is to introduce evidence to that effect to counter it in trials. “As for its own role, Elsevier argued that applying a state consumer protection law to its published material would violate its free-speech right under the First Amendment.”

    First Amendment? Let’s not go to extremes. If we start applying the First Amendment, how are lawyers supposed to silence publications that inconvenience them?

    Our “watch what you say about lawyers” tag — which perhaps we should rename as “watch what you say about lawyers or their cases” — is here (cross-posted at Cato at Liberty; & welcome readers from Jesse Walker, Reason, Prof. Bainbridge).

    Tags: , , , , ,

    Publish an article that undermines lawsuits? See you in court is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2013/09/publish-article-undermines-lawsuits-see-court/feed/ 6
    “Law Student Sues Law School For Implying He’s Litigious” http://overlawyered.com/2013/05/law-student-sues-law-school-for-implying-hes-litigious/ http://overlawyered.com/2013/05/law-student-sues-law-school-for-implying-hes-litigious/#comments Fri, 17 May 2013 04:15:15 +0000 http://overlawyered.com/?p=38455 “Watch what you say about lawyers” is an old theme around here, but in light of developments at Wake Forest it might need to be extended to law students as well. [Above the Law, more] Tags: law schools, watch what you say about lawyers

    “Law Student Sues Law School For Implying He’s Litigious” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    Watch what you say about lawyers” is an old theme around here, but in light of developments at Wake Forest it might need to be extended to law students as well. [Above the Law, more]

    Tags: ,

    “Law Student Sues Law School For Implying He’s Litigious” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2013/05/law-student-sues-law-school-for-implying-hes-litigious/feed/ 1
    “Talk about my past lawsuits? See you in court” http://overlawyered.com/2012/09/talk-past-lawsuits-see-court/ http://overlawyered.com/2012/09/talk-past-lawsuits-see-court/#comments Wed, 05 Sep 2012 14:33:50 +0000 http://overlawyered.com/?p=32506 Someone who’s sued a past employer might be eager to keep that fact off the search-engine record, but the First Amendment protects the right to disseminate information of that sort. [Volokh] Tags: First Amendment, search engines, watch what you say about lawyers

    “Talk about my past lawsuits? See you in court” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    Someone who’s sued a past employer might be eager to keep that fact off the search-engine record, but the First Amendment protects the right to disseminate information of that sort. [Volokh]

    Tags: , ,

    “Talk about my past lawsuits? See you in court” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2012/09/talk-past-lawsuits-see-court/feed/ 1
    Law firm sues over poor Better Business Bureau rating http://overlawyered.com/2012/02/law-firm-sues-over-poor-better-business-bureau-rating/ http://overlawyered.com/2012/02/law-firm-sues-over-poor-better-business-bureau-rating/#comments Fri, 24 Feb 2012 15:06:20 +0000 http://overlawyered.com/?p=27806 “Stung by a dismal mark last year, the KEL law firm has filed a federal lawsuit against the Better Business Bureau of Central Florida that challenges its rating system, accuses it of false advertising and seeks unspecified damages for alleged business defamation.” The firm of Kaufman, Englett and Lynd contends the BBB’s evaluations are misleading, […]

    Law firm sues over poor Better Business Bureau rating is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    “Stung by a dismal mark last year, the KEL law firm has filed a federal lawsuit against the Better Business Bureau of Central Florida that challenges its rating system, accuses it of false advertising and seeks unspecified damages for alleged business defamation.” The firm of Kaufman, Englett and Lynd contends the BBB’s evaluations are misleading, biased, erroneous and otherwise flawed. [Orlando Sentinel]

    Tags: , ,

    Law firm sues over poor Better Business Bureau rating is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2012/02/law-firm-sues-over-poor-better-business-bureau-rating/feed/ 2
    “Law School Sues Law Firm and Bloggers for Criticizing its Placement Data” http://overlawyered.com/2011/07/law-school-sues-law-firm-and-bloggers-for-criticizing-its-placement-data/ http://overlawyered.com/2011/07/law-school-sues-law-firm-and-bloggers-for-criticizing-its-placement-data/#comments Sat, 16 Jul 2011 11:37:38 +0000 http://overlawyered.com/?p=23878 Watch what you say about lawyers — and now it seems about law schools as well, specifically Michigan’s Thomas M. Cooley Law School. [TaxProf, Above the Law] Tags: law schools, Michigan, watch what you say about lawyers

    “Law School Sues Law Firm and Bloggers for Criticizing its Placement Data” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    Watch what you say about lawyers — and now it seems about law schools as well, specifically Michigan’s Thomas M. Cooley Law School. [TaxProf, Above the Law]

    Tags: , ,

    “Law School Sues Law Firm and Bloggers for Criticizing its Placement Data” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2011/07/law-school-sues-law-firm-and-bloggers-for-criticizing-its-placement-data/feed/ 4
    “Lawyer Deemed ‘the Most Worst Attorney’ in Online Rants Can’t Sue, Judge Rules” http://overlawyered.com/2011/02/lawyer-deemed-%e2%80%98the-most-worst-attorney%e2%80%99-in-online-rants-can%e2%80%99t-sue-judge-rules/ http://overlawyered.com/2011/02/lawyer-deemed-%e2%80%98the-most-worst-attorney%e2%80%99-in-online-rants-can%e2%80%99t-sue-judge-rules/#comments Sun, 06 Feb 2011 16:42:00 +0000 http://overlawyered.com/?p=21307 A Suffolk County, N.Y. judge ruled that online gripes about a divorce lawyer were pure opinion. [ABA Journal] Tags: Long Island, watch what you say about lawyers

    “Lawyer Deemed ‘the Most Worst Attorney’ in Online Rants Can’t Sue, Judge Rules” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    A Suffolk County, N.Y. judge ruled that online gripes about a divorce lawyer were pure opinion. [ABA Journal]

    Tags: ,

    “Lawyer Deemed ‘the Most Worst Attorney’ in Online Rants Can’t Sue, Judge Rules” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2011/02/lawyer-deemed-%e2%80%98the-most-worst-attorney%e2%80%99-in-online-rants-can%e2%80%99t-sue-judge-rules/feed/ 2