- “Common sense makes a comeback” against zero tolerance in the classroom [USA Today]
- Slip at Massachusetts antiques show leads to lawsuit [Wicked Local Marion]
- Update: Washington Supreme Court takes up horn-honking case [Lowering the Bar, earlier]
- MICRA as model: “California’s Schwarzenegger stumps for medical liability reform” [American Medical News]
- “Inventing a better patent system” [Pozen, NYT]
- Google Books settlement narrowed to countries with “common legal heritage” [Sag, ConcurOp]
- One way to make ends meet: cash-strapped Detroit cops are seizing a lot more stuff [Detroit News via Business Insider]
- What temperatures are hot coffee actually served at? Torts buffs (including our Ted Frank) want to know [TortsProf exchange with Michael Rustad and followup, more and yet more]
Tagged as:
California,
forfeiture,
Google,
hot coffee,
Massachusetts,
medical malpractice,
patent law,
Ted Frank,
Washington state,
zero tolerance
- Judge cites Oregon elder abuse act in barring animal rights activists from harassing elderly furrier [Zick, Prawfsblawg]
- After fraud accusations against Fort Lauderdale lawyer Scott Rothstein, politicos race to return his many donations [NYT, AmLaw Daily,
DBR and more, Ashby Jones/WSJ Law Blog and more (Ponzi investments could exceed $1 billion, per FBI)]
- Ontario court ruling may invite U.S. class action lawyers to take on more projects in Canada [Kevin LaCroix]
- “Mississippi Cardiologist Won’t Go to Prison for Online Dating” [Balko, Freeland]
- Manuscript in the mail: “Kings of Tort”, Alan Lange/Tom Dawson book on Dickie Scruggs and Paul Minor scandals, which now has its own website and will go on sale Dec. 2;
- A “cultural institution destroyed” in Louisiana: more on proposed FDA ban on raw oysters [NYT, earlier]
- Update on Google Books settlement [Sag, ConcurOp]
- Mark Steyn on the Zack Christie case and other annals of knives-in-schools zero-tolerance [NRO, Steyn Online via Skenazy]
Tagged as:
Dickie Scruggs,
FDA,
Google,
Mark Steyn,
Paul Minor,
prosecution,
zero tolerance
Annals of zero tolerance: in Newark, Delaware, 6-year-old Zachary Christie took “a camping utensil that can serve as a knife, fork and spoon to school. He was so excited about recently joining the Cub Scouts that he wanted to use it at lunch. School officials concluded that he had violated their zero-tolerance policy on weapons, and Zachary was suspended and now faces 45 days in the district’s reform school.” In other Delaware cases, a school district “expelled a seventh-grade girl who had used a utility knife to cut windows out of a paper house for a class project,” and “a third-grade girl was expelled for a year because her grandmother had sent a birthday cake to school, along with a knife to cut it.” [New York Times]
The policies do have their defenders: “‘There is no parent who wants to get a phone call where they hear that their child no longer has two good seeing eyes because there was a scuffle and someone pulled out a knife,’ said George Evans, the president of the Christina district’s school board. …Charles P. Ewing, a professor of law and psychology at the University at Buffalo Law School who has written about school safety issues, said he favored a strict zero-tolerance approach.” Blog reactions (some via Memeorandum): Sullum/Reason “Hit and Run”, Q and O, BoingBoing, Kate Harding/Salon “Broadsheet”, Below the Beltway, Tom Freeland/North Mississippi Commenter, Lowering the Bar.
P.S. He’s on the Today Show (via Skenazy). Scott Greenfield wants to call it a knife. After worldwide press attention and a large show of local support, the school board reversed its policy and allowed Zachary back (h/t comments). And now: “A 17-year-old Eagle Scout in upstate New York has been barred from stepping foot on school grounds for 20 days — for keeping a 2-inch pocketknife locked in a survival kit in his car.” [Fox News]
Tagged as:
Delaware,
zero tolerance
- Myrtle Beach Chamber of Commerce: “Elmer Fudd” commenter defamed us [Sun-News via Patrick at Popehat]
- “New Texas law seeks common sense instead of ‘zero tolerance’ in punishment of students” [Star-Telegram]
- Oprah can relax, poet’s self-scripted $1 trillion lawsuit against her is dismissed [THR Esq., Lowering the Bar and more, New Jersey Lawsuit Reform Watch]
- Overview of big push for new federal food safety laws [Kristin Choo, ABA Journal]
- And thanks for all the booze: “Chronic drunk costs SF taxpayers at least $150,000/year” [Obscure Store, Common Room]
- “We have made a grave mistake in politicizing the economy so deeply, and should back away now.” [Tyler Cowen, NYT]
- As a phrase, “sex toy product liability” is probably going to bring us the wrong sort of search engine traffic [Law and More]
- Overturning Supreme Court’s Iqbal/Twombly pleading jurisprudence emerging as key Congressional objective for trial lawyer lobby [Freddoso, Examiner; recent post of mine at Point of Law, and much other coverage there]
Tagged as:
food safety,
libel slander and defamation,
Oprah Winfrey,
pleading,
product liability,
taxpayers,
Texas,
zero tolerance
Florida governor Charles Crist has signed SB 1540, a bill that “requires school boards to revisit their zero-tolerance policies” and is aimed at [Tallahassee Democrat:]
reducing the number of juveniles who are needlessly thrust into the system because of minor infractions — most commonly, petty disobedience.
Consider cases from several headlines: In March, a Lakeland boy was suspended from school for intentionally passing gas on a school bus. In Hernando County, an 11-year-old girl was suspended for bringing a plastic butter knife to school. A student in Brandon was suspended because a calculator he brought to school was equipped with a “knife-like object.”
Ken at Popehat has more discussion, and links to our zero-tolerance archive.
Tagged as:
Florida,
zero tolerance
59-year-old Melinda Herrick, an art teacher who had been a Teacher of the Year honoree in the Houston schools, was charged with violating the “drug-free zone” law after cops found two Xanax pills in her car; the drug is often prescribed for panic disorder. Herrick protested that the car had been in the shop for repairs for more than a month before the incident; her daughter also drove the car. Students rallied on her behalf and the charges were finally dropped after she underwent a drug test which indicated that she did not use drugs. [Houston Chronicle via Obscure Store]
Tagged as:
Houston,
illegal drugs,
schools,
zero tolerance
- Court declines to dismiss stripper’s suit blaming her DUI crash on club that made her drink with customers [Heller/OnPoint News, earlier]
- Served 23 years in Wisconsin prison, then cleared by DNA evidence [Innocence Project]
- Headlines we didn’t make up: “Grad Student Threatens to Sue Over Destruction of Rare Lizard Dung” [ABA Journal, U.K. case]
- Wisconsin middle school suspends teacher Betsy Ramsdale because her Facebook photo shows her with gun [Never Yet Melted] http://is.gd/iQaj
- David Ogden, now up for a high Department of Justice post, assisted in Clinton-Reno era’s ghastly RICO suit against tobacco companies (maybe on-orders-from-superiors, given the extent to which the whole thing was wired by hotshot outside lawyers suing the industry) [Carrie Johnson, WaPo]
- You’d think they’d learn: appliance energy-use mandates led to lousy clothes-washer and dishwasher designs, but more of the same on the horizon [Kazman, CEI "Open Market"]
- Walks out of psychiatric hospital and kills himself, state of New Jersey ordered to pay $600K to survivors [Newark Star-Ledger]
- Why there was a market for burned out light bulbs in the former Soviet Union [Tyler Cowen]
Tagged as:
Facebook,
guns,
Innocence Project,
New Jersey,
psychiatry,
strippers and exotic dancers,
Wisconsin,
zero tolerance
- Go vote for Overlawyered now, please, in the ABA Journal best-blogs contest; some details on contestants in other categories;
- Update on “Got Breastmilk?” trademark dispute [Giacalone; earlier]
- Trauma patient is bleeding while you fumble to get the IV equipment out of its blister pack. Soon it’ll be even more complicated. Thanks OSHA! [Throckmorton] And where are the stand-up medical comedy routines?
- Arkansas Supreme Court’s handling of school finance litigation suggests it’s making it up as it goes along [Jay Greene]
- “Linux Defenders” is tech-firm consortium’s new effort to create “no-fly zone” protecting open-source system from patent trolls [Parloff, Fortune]
- Zero tolerance roundup: 10 year old who took $5.96 Wal-Mart cap gun to school arrested, fingerprinted, faces expulsion [11alive.com, Newton County, Ga.] Harford County, Md. mom, acting as chaperone on school field trip, “reached out to tap” third grader to shush him, now faces ten years if convicted of assault [ABC2News.com, Baltimore] Related: we’re too afraid of touch [Times Online] Teasing is bad for children and other living things. Really? Are you sure? [Althouse, NYT]
- Columnist has opposed bailouts and favored free market liquidation of uneconomic firms. Now that his newspaper faces bankruptcy, has he changed his mind? [Steve Chapman]
- Good way to suffer reputational damage: file a lawsuit claiming characters in movie “Dazed and Confused” were based on your own teenage selves [four years ago on Overlawyered]
Tagged as:
Arkansas,
emergency medicine,
patent trolls,
trademarks,
zero tolerance
- M.D.s and J.D.s in cahoots: when neuroradiologists over-read MRIs in search of “disc herniations” and “cord compression” [ER Stories]
- Lawyer burns his Harvard law diploma, and stop with that joking in the back row about whether there’s some way to burn all of them [ABA Journal]
- Latest lawsuit arising from fad for photos of “Hot Chicks with Dorky Men” (that’s a paraphrase) [TMZ, QuizLaw, earlier]
- Kid draws scary Hallowe’en mask, and next thing you know the police are called [Savannah Morning News]
- Great moments in international human rights: “Modern European navies are now so mindful of the legal loopholes they face in tackling pirates that they often instruct commanders to simply let them go.” [Telegraph; earlier here, here]
- China has four times the number of people we have in the U.S., while we have seven times the number of lawyers [Elefant]
- “Vaccine injury” lawyer Clifford Shoemaker fails in effort to curtail public access to fee information, so we get to learn more about his $211,663.37 bill to the government [Seidel, Neurodiversity; related here and here]
- More about that Milberg basketball team and its 6′ 8″ ringer [Supreme Dicta]
Tagged as:
Harvard,
international human rights,
medical,
Milberg Weiss,
vaccine,
zero tolerance
This doesn’t pretend to be anything more than a bit of unattributed circulating email humor, but it still made me laugh:
Scenario: Jack goes quail hunting before school, pulls into school parking lot with shotgun in gun rack.
1958 – Vice Principal comes over, looks at Jack’s shotgun, goes to his car and gets his shotgun to show Jack.
2008 – School goes into lock down, FBI called, Jack hauled off to jail and never sees his truck or gun again. Counselors called in for traumatized students and teachers. …
Full thing at Never Yet Melted.
Tagged as:
guns,
schools,
zero tolerance
- Florida trial lawyers have funneled millions to Gov. Charlie Crist and GOP state legislators; now guess why Orlando isn’t going to get commuter rail [Bousquet/St. Petersburg Times; Sentinel]
- What his ex-law firm told the world was “extremely inappropriate personal conduct” was in reality no more than a “brief, consensual kiss” with co-worker, charges attorney in $90 million defamation suit; Kasowitz Benson says it was following zero tolerance policy [American Lawyer]
- SCOTUS, 9-0, Thomas writing, narrows scope for money-laundering charges over hiding unexplained cash — but will that curb forfeiture abuse? [Grits for Breakfast, Greenfield]
- After West Virginia high court refuses to review $405 million royalty dispute jury verdict against Chesapeake Energy and another defendant, company scraps plans to build $30 million headquarters in the state [PoL]
- Even after discounting anti-corporate rhetoric, there does seem to be a story here about aggressive seed patent litigation tactics used by agri-giant Monsanto, a firm known to our readers [Barlett & Steele, Vanity Fair; earlier]
- Medical liability consequences of much-promoted concept of hospital “never events” [Buckeye Surgeon]
- Cellphone rage update: Judge Robert Restaino ousted for jailing 46 people after one of the annoying devices rang out in his Niagara Falls, N.Y. courtroom [Buffalo News, earlier]
Tagged as:
agriculture and farming,
bedsores,
Florida,
forfeiture,
never events,
patent litigation,
railroads,
West Virginia,
zero tolerance
In Winchendon, Mass., ten-year-old Bradley Geslak brought to school an empty bullet casing he’d brought home from the town Memorial Day celebration, in which blanks were fired. Although an empty casing is, of course, empty, he was charged with a weapons offense and after his five-day suspension may be assigned a probation officer. (Gail Stanton, “Souvenir rifle shell gets 4th-grader suspended”, Worcester Telegram, May 29; “Silence on lock and load”, May 30)(via Zincavage).
Tagged as:
Massachusetts,
zero tolerance
- Telemarketers working for lawyers and chiropractors “line up every day” at police and public records offices to buy car-crash records [Dallas Morning News]
- Nice work if you can get it: Bernardine Dohrn’s terrorist-to-lawprof career track [Kass, Chapman @ Chicago Tribune, Ed Morrissey/HotAir, PoL, Horowitz/DtN, Daily Northwestern/FrontPage, Malkin, Power Line]
- Mystery of embattled Florida debt-relief law firm Hess Kennedy (Mar. 6) deepens as whereabouts of lawyer Edward Kennedy are questioned [ABA Journal]
- Criticism mounts of Calif. AG Jerry Brown’s lawsuits using global warming theories to force higher-density development [Stewart/LA Weekly, Walters/SacBee, via Kaus, scroll]
- Kevin Pho (KevinMD.com) on defensive medicine [USA Today]
- Colorado firm says lawsuit’s “settlement mill” allegations are concocted “by a competitor who doesn’t like (Azar’s) advertising.” [Colorado Springs Gazette]
- Hey, you can rig up a disposable camera to give you a little shock; it might also give you a D felony record under school zero tolerance [WTNH via Greenfield]
- One good thing about those anonymous snitchlines for domestic abuse, you don’t have to worry about bogus calls or anything like that [Colorado Springs Gazette on Texas polygamist raid backstory]
- Lawyers get $2 million in fees in Netflix class action [WSJ law blog; earlier]
- Supreme Court refuses cert on that very curious $112 million (originally $1 billion) land-contamination verdict from Louisiana [Exxon v. Grefer, Dow Jones/Fortune; CalPunitives link roundup; earlier; more background at Laura Hart/Louisiana Law Blog]
- Cow-pie bingo event falls victim to liability fears [three years ago on Overlawyered]
Tagged as:
attorneys general,
attorneys' fees,
Bernardine Dohrn,
chasing clients,
class action settlements,
Colorado,
Dallas,
defensive medicine,
Exxon,
global warming,
Hess Kennedy,
jackpot justice,
Jerry Brown,
Louisiana,
punitive damages,
regulation through litigation,
roundups,
zero tolerance
Last month the New York Times ran a front-page story about the plight of a Fayetteville, Ark. high school student named Billy Wolfe, who had been “a target of bullies for years”, physically and verbally brutalized by fellow students despite his family’s repeated pleas to a seemingly heedless school district for his protection. (Dan Barry, “A Boy the Bullies Love to Beat Up, Repeatedly”, Mar. 24). Billy’s parents had sued teens they said had harassed their son, and were also considering legal action against the school district.
The article generated a big reaction, especially after young Wolfe himself appeared on the Today show to discuss his plight. Most observers seemed to agree that the harrowing tale lent credence to the whole idea of using lawsuits as a way of responding to bullying in schoolyards, Facebook, etc. — an idea that, coincidentally or otherwise, is the subject of an increasingly visible campaign these days. Even as level-headed an educational observer as Joanne Jacobs wrote on her blog, “Normally, I’m anti-lawsuit, but this may be the only way to bully the bullies and the principal to crack down.” Huffington Post writer Jonathan Fast cited the article as evidence that schools should adopt “zero tolerance” policies on bullying. Some of the many other blog reactions are assembled here (e.g.: Marcotte, Greenfield, DadTalk, The Common Room).
Could there be another side of the story, you may wonder? Well, as a matter of fact, there is. To find it you need to consult the local paper, the Northwest Arkansas Times (Scott F. Davis and Dustin Tracy, “Who’s the bully?: Police, school records raise questions about claims made by Fayetteville High student”, Apr. 3)(via Childs). One may argue about whether Wolfe’s own alleged exploits in victimizing other kids, as catalogued in the NWAT article, will or should affect the disposition of his family’s legal claims. What seems beyond dispute is that the NYT’s story would have been very different in the emotional reactions it evoked — and much less effective in promoting the particular “cause” it was advancing — had it included that other side of the story.
More/updates: Word Around the Net, Val’s Bien, Pennywit @ Likelihood of Success, Joanne Jacobs, Crime & Consequences, Kierkegaard Lives. The Arkansas Democrat-Gazette notes that Arkansas already has an unusually strong anti-”cyberbullying” law which “requires school districts to adopt discipline policies banning harmful and disruptive online behavior”, despite misgivings from civil libertarians about official penalties based on students’ out-of-school speech: Evie Blad, “School bullies move online; rules tricky to write, enforce”, Apr. 6. And Scott Greenfield minces no words:
…what is the New York Times thinking? To have its knees cut off by its Northwest Arkansas namesake is humiliating, but to be shown up as deceptive fundamentally undermines its credibility. Without credibility, the Times is just a dog-trainers best friend and a tree’s worst nightmare. …
The failure of the New York Times to present a full and accurate account of the Billy Wolfe story is disgraceful and unacceptable. … If you’re going to put an article on the front page with a big picture, don’t blow it. The Times did. They should be ashamed.
And in our comments section, Ole Miss lawprof Paul Secunda provides the Wolfe family’s response to the NWAT coverage. Update Apr. 24: Jay Greene weighs in.
Tagged as:
Arkansas,
Facebook,
New York Times,
schools,
zero tolerance
New Haven, Ct. honors student Michael Sheridan, suspended and removed from his elected class post after being caught buying a bag of Skittles candy from a fellow student in violation of his school’s policy against empty-calorie food, will be reinstated, the school says. (AP/Google). Ohio law blog The Briefcase (Mar. 13) has more, along with a link to this PTO Today article detailing how a federal law mandating school “wellness policies” has increased the pressure on states and local schools to adopt anti-snack measures.
Tagged as:
obesity,
Ohio,
zero tolerance
All-automotive edition:
- Court won’t unseal settlement arising from $105 million Aramark/Giants Stadium dramshop case for fear girl’s father will try to get his hands on money [NJLJ, NorthJersey.com, Childs; earlier]
- Great moments in insurance defense law: you mean it wasn’t a good idea to infiltrate that church meeting to investigate the crash claim? [Turkewitz first, second posts]
- Columnist Paul Mulshine rejoices: Ninth Circuit decision “if it stands, will lead to the end of the SUV as we know it” [Newark Star-Ledger]
- Is it unfair — and should it be unlawful? — for insurers to settle crash victims’ claims too early? [Maryland Injury Lawyer Blog]
- If Ron Krist prevails in shoot-out of Texas plaintiff titans, he vows to have sheriff seize John O’Quinn’s Batmobile [American Lawyer; see also Ted's take earlier]
- In much-watched case, Australian high court by 3-2 split upholds highway authority against claim defective bridge design was blameworthy after youth’s dive into shallow water [RTA NSW v. Dederer, Aug. 30]
- Redesigning Toyota’s occupant restraint system? Clearly another job for the Marshall, Texas courts [SE Texas Record; Point of Law; more]
- Bench trial results in $55 million verdict against U.S. government after Army employee on business runs red light and paralyzes small child [OC Register]
- Vision in a purple Gremlin: her Yale Law days shaped Hillary in many ways [Stearns/McClatchy]
- Zero tolerance for motorists’ blood-alcohol — are we sure we want to go there? [Harsanyi, Reason]
- Driver falls asleep, so of course Ford must pay [two years ago on Overlawyered; much more on our automotive page]
Tagged as:
absent parents who sue,
Aramark,
Australia,
autos,
dramshop statutes,
Eastern District of Texas,
Hillary Clinton,
insurers,
jackpot justice,
John O'Quinn,
Judge Ward,
Maryland,
Ninth Circuit,
Ron Krist,
roundups,
SUVs,
taxpayers,
Toyota,
zero tolerance