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Overlawyered.com commentaries: “Texas’s giant legal reform“, Jun. 18-19, 2003.
“To tame Madison County, pass the Class Action Fairness Act“, Jun. 12-15, 2003; “‘Reforming class action suits’” (Class Action Fairness Act), Apr. 25-27, 2003.
“Judge kicks class-action lawyers off case” (H&R Block), May 15, 2003.
“Class action lawyer takes $20 million from defendant’s side“, Mar. 15-16, 2003.
“FBI probes Philadelphia’s hiring of class action firm“, Jan. 31-Feb. 2, 2003.
“Ninth Circuit panel sniffs collusion in bias settlement fees“, Dec. 16-17, 2002.
Auctions: “Third Circuit cuts class action fees“, Sept. 25-26, 2001; “Letter to the editor” (competitive bidding for class representation), Jun. 13, 2001 (& Oct. 1-2, 2002).
“7,000 missing colors, many of them crisply green“, Aug. 29, 2002.
“‘Junk-fax’ suit demands $2 trillion“, Aug. 26, 2002; “Junk-fax litigation: blood in the water“, July 24, 2001; “Junk-fax bonanza“, March 27, 2001; “Junk fax litigation, continued“, March 3-5, 2000; “In Houston, expensive menus” (unsolicited faxes), Oct. 22, 1999.
“Penthouse sued on behalf of disappointed Kournikova-oglers“, Jun. 3-4, 2002.
“The mystery of the transgenic corn“, May 14-15, 2002.
“Editorial-fest“, Mar. 11, 2002; “Washington Post on class action reform” (good editorial), Aug. 29-30, 2001; “Actions without class” (Washington Post editorial), Dec. 2, 1999.
“The thrill of it all: plaintiffs win 28 cent coupon“, Feb. 27-28, 2002.
“‘Toyota buyers’ suit yields cash — for lawyers’“, Feb. 18-19, 2002; “Golf ball class action” (Acushnet Co.), Nov. 18-19, 1999; “Class action coupon clippers” (Washington Post on settlement abuses), Nov. 15, 1999.
“‘Congress looks to change class action system’“, Feb. 11-12, 2002; “‘They’re making a federal case out of it … in state court’“, Nov. 7-8, 2001.
“Selling out the class?” (allegations of collusive settlement in H&R Block case), April 5, 2001 (& see Dec. 3).
“Swiss banks vindicated“, Nov. 1, 2001.
Letter to the editor (lawyers’ own incremental billing disclosed?), Oct. 22, 2001 (& see Dec. 3).
“Counterterrorism bill footnote” (forum shopping), Oct. 16, 2001; “Best little forum-shopping in Texas” (class actions make their way to Texarkana), August 27, 1999.
“Employment class actions: EEOC to the rescue“, Sept. 10, 2001.
“220 percent rate of farmer participation” (USDA black farmer settlement), July 25, 2001.
“The rest of Justice O’Connor’s speech“, July 6-8, 2001.
“Blockbuster Video class action“, June 11, 2001 (& see July 3-4 (Vince Carroll column)).
“Letter to the editor” (First USA credit cards), June 13, 2001; “Bank error in your favor” (credit card holders), Sept. 27-28, 2000; & letter to the editor, Sept. 3, 2001.
“Ghost blurber case“, June 12, 2001.
“NFL satellite ticket class action“, June 5, 2001 (& update Aug. 20-21: court disallows settlement).
“Insurance class settlement scuttled“, Feb. 26, 2001.
“Florida lawyers’ day jobs, cont’d” (hotbed of class action filing), Dec. 11-12, 2000; “Florida’s legal talent, before the Chad War” (Florida Marlins ticketholders), Dec. 8-10, 2000.
“Obese soldiers class action“, Nov. 10-12, 2000.
“Sweepstakes, for sure” (American Family Publishers), Oct. 20-22, 2000; “Update: Publishers’ Clearing House case“, Feb. 29, 2000.
“Courtroom crusade on drug prices?“, Oct. 19, 2000.
“Class actions: are we all litigants yet?“, Aug. 23-24, 2000.
Coke: “Class-action lawyers to Coke clients: you’re fired“, July 21-23, 2000; “‘Coke plaintiff eavesdrops on lawyers; case unravels’” (what do lawyers tell each other after they think their clients have hung up on the conference call?), July 19-20; “‘Ad deal links Coke, lawyer in suit’” (Willie Gary, suing Coke, cuts lucrative ad deal with it), May 11, 2000.
“Target Detroit” (lawyers countersue DaimlerChrysler and exec personally), July 19-20, 2000; “Turning the tables” (DaimlerChrysler sues class action lawyers), Nov. 12, 1999.
“Class-action assault on eBay“, July 13, 2000.
“AOL ‘pop-up’ class action” (ads said to be unfair), June 27, 2000.
“Rise, fall, and rise of class actions” (enormous increase in filing rates in past decade), Mar. 10-12, 2000.
“Criticizing lawyers proves hazardous” (columnist Bill McClellan makes fun of class-action attorneys, they sue him for libel), Nov. 4, 1999 (update Nov. 30: he criticizes them again, though suit is still pending); “Update: Publishers’ Clearing House case” (judge approves settlement including legal fee request; agreement reached to end libel suit), Feb. 29, 2000.
“Secrets of class action defense“, Feb. 25, 2000; “Mobile Register probes class action biz” (BancBoston and other mortgage escrow cases), Feb. 7, 2000.
“AOL upgrade’s sharp elbows“, Feb. 12-13, 2000.
“Weekend reading: columnist-fest” (Laura Pulfer on suit against Ralph Lauren outlet stores; Alex Cockburn on Swiss banks), Feb. 5-6, 2000.
“From our mail sack: unclear on the concept“, Jan. 28, 2000.
“Santa came late” (suit against Toys-R-Us for missing Christmas delivery), Jan. 19, 2000.
“Pokemon litigation roundup“, Jan. 10, 2000; “Pokemon cards update“, Oct. 13, 1999; “Pokemon-card class actions“, Oct. 1-3, 1999
“Expert witnesses and their ghostwriters” (life insurance class actions), Jan. 4, 2000.
“Lawyers for famine and wilderness-busting?” (anti-biotech), Jan. 3, 1999.
“Class action toy story” (antitrust), Dec. 29-30, 1999.
“‘In race to sue Microsoft, some trip’” (lawyers inadvertently copy details of pleadings in earlier cases), Dec. 23-26, 1999.
“Rolling the dice, cont’d” (suits over online gambling), Dec. 7, 1999 (earlier report, Aug. 26).
“Beware of market crashes” (class action sought against E*Trade for alleged computer-related trading losses), Nov. 26-28, 1999.
“Are they kidding, or not-kidding?” (proposals for suits against makers of fattening foods, losing sports teams), Nov. 15, 1999.
“Public by 2-1 margin disapproves of tobacco suits” (if class actions are filed on behalf of the public, why don’t they reflect public opinion?), Nov. 5-7, 1999.
“Demolition derby for consumer budgets” (class action against State Farm over generic crash parts), Oct. 8, 1999.
“Power attracts power” (Boies joins anti-HMO effort), Sept. 30, 1999; “Impending assault on HMOs“, Sept. 30.
“$49 million lawyers’ fee okayed in case where clients got nothing” (secondhand smoke action), Sept. 28, 1999; “Personal responsibility takes a vacation in Miami” (tobacco class-action verdict), Jul. 8, 1999.
“Judge throws out four WWII reparations lawsuits“, Sept. 20, 1999.
“Tainted cycle” (Milwaukee taxpayers sue themselves), Sept. 2, 1999.
“Three insurers sued for $100 million” (how the press covers class action announcements), Aug. 20, 1999.
Resources on class actions are found at many different places on Overlawyered.com. For example, most of the massive lawsuits filed against individual industries over personal injury to classes of consumers are covered on pages specific to the subject matter of the cases, such as the pages on firearms litigation, tobacco litigation, managed-care litigation, breast implant litigation, product liability, and so forth.
This page assembles resources on class actions as a procedural device and as an institution. Among topics covered are the unique role in this area of an “entrepreneurial” plaintiff’s bar that decides on its own behalf who and how to sue and lines up clients as needed; the history of the device and the reasons why it is either sharply limited or virtually unknown in the courts of other industrial democracies; the distinctive ethical problems that arise because of the extreme difficulty of policing lawyers’ faithfulness to the interests of the absent class; and the operations of the class action “industry” in the areas in which it has been a familiar part of the American legal landscape for decades, namely shareholder litigation and class actions over consumer and antitrust grievances aggregating large numbers of (usually smallish) claims.
Background — procedural history, ethical issues:
Overlawyered.com‘s editor wrote about class actions (as well as “champerty and maintenance”, the “invisible-fist theory”, and other topics) in Chapter 3 of his book The Litigation Explosion; an excerpt is online.
Chapter 5 (“The New Town Meeting”) of Peter Huber’s book Liability: The Legal Revolution and Its Consequences contains a valuable discussion of the class action format, particularly as it applies to the so-called toxic tort; it is unfortunately not online.
Lawrence Schonbrun, a Northern California attorney who has developed a specialty in filing challenges to excessive class action attorneys’ fee requests, wrote a prescient article in 1996 on “coupon deals”, “separately negotiated” fees from defendants, and other innovative ways the class action bar was finding to escape scrutiny of its remuneration. (“Class Actions: The New Ethical Frontier“)
Shareholder litigation:
A starting point for research on this topic is Stanford Law School’s comprehensive Securities Class Action Clearinghouse. See also the commentaries on this site.
In Felzen v. Andreas (1998), Judge Frank Easterbrook of the Seventh Circuit wrote that “Many thoughtful students of the subject conclude, with empirical support, that derivative actions do little to promote sound management and often hurt the firm by diverting the managers’ time from running the business while diverting the firm’s resources to the plaintiffs’ lawyers without providing a corresponding benefit.” He cited a long list of scholarly articles including Janet Cooper Alexander, Do the Merits Matter? A Study of Settlements in Securities Class Actions, 43 Stanford L. Rev. 497 (1991), which found that the “structural characteristics common to securities class actions . . . combine to produce outcomes that are not a function of the substantive merits of the case.” and Roberta Romano, The Shareholder Suit: Litigation without Foundation?, 7 J. L. Econ. & Organization 55 (1991), which examined 39 shareholder suits filed between the late 1960s and 1987 and concluded that “shareholder litigation is a weak, if not ineffective, instrument of corporate governance.”
In 1995 Congress passed the Private Securities Litigation Reform Act, which aimed to rectify some of the worst abuses in the field. This client memo from Fried, Frank describes the wider powers institutional investors obtained under the act to influence litigation going on purportedly in the name of investors such as themselves.
In Polar International Brokerage v. Reeve, a New York federal judge rejected a proposed class action settlement and request for $200,000 in attorneys’ fees, saying it offered shareholders “nothing of real value”. (Deborah Pines, National Law Journal, May 24, 1999).
Although the securities bar frequently alleges that well-known companies in Silicon Valley and elsewhere are run by crooked managements that fleece their shareholders, they ironically turn out to keep a lot of their (very substantial) stock holdings invested in the very same companies. (Paul Elias, San Francisco Recorder, June 8, 1999). Among the reasons is that in many cases they have accepted stock as payment for dropping earlier legal actions.
Other class action resources:
The Federalist Society publishes a Class Action Watch newsletter. The first issue is in conventional web-page format. The second issue is a PDF document (Adobe Acrobat needed to view; get it here).
Among the better-known law firms representing class action plaintiffs are Milberg Weiss Bershad Hynes & Lerach LLP, Lieff, Cabraser, Heimann & Bernstein LLP, Cohen Milstein, Hausfeld & Toll, Krause & Kalfayan, and Barrack, Rodos & Bacine.
Actuary Jack Patterson has written an account for a plaintiff’s lawyer readership of class actions against life insurance companies, one of the big practice areas of the 1990s.
The class action bar also files many antitrust suits on behalf of large groups of consumers or business purchasers. The Antitrust Policy web site collects many worthwhile resources on antitrust law.
Filed under: antitrust, Bill Lerach, Bill McClellan, champerty, Chrysler, class actions, copyright, Detroit, forum shopping, Houston, libel slander and defamation, Madison County, Melvyn Weiss, Milberg Weiss, Philadelphia, reparations, State Farm, Switzerland, The Litigation Explosion, tobacco, Toyota, Willie Gary
“‘Father files suit after son fails to make MVP award’” (hockey, New Brunswick), Nov. 8-10, 2002.
“‘Sorry, Slimbo, you’re in my seats’“, June 7, 2001 (& updates Dec. 15-16, 2001, Oct. 25-27, 2002); “Obese fliers“, Dec. 20, 2000; “Welcome Toronto Star readers” (Jason Brooks column, disabled rights), Sept. 27-28, 2000.
Personal responsibility, 2002: “Skating first, instructions later” (Edmonton), Sept. 25-26; “‘Woman freezes; sues city, cabbie’” (Winnipeg), Sept. 18-19; Personal responsibility roundup” (social host alcohol liability), Sept. 12; “Paroled prisoner: pay for not supervising me“, Jan. 4-6. 2001: “Don’t rock the Coke machine“, July 20-22; “‘Gambling addiction’ class action” (Loto-Quebec), June 20 (& update May 20-21, 2002; “‘Woman who drove drunk gets $300,000’” (Barrie, Ont.), Feb. 7-8; “By reader acclaim” (sues alleged crack dealers over own addiction), Jan. 11. 2000: “Not my fault, I” (woman who murdered daughter sues psychiatrists), May 17; “Blue-ribbon excuse syndromes” (Metis Indian defendant allowed to cite cultural oppression as defense to stabbing charge), Feb. 12-13.
“Cash demanded for drug users and panhandlers inconvenienced by film crews” (Vancouver), Aug. 23-25, 2002.
“Activist judges north of the border“, May 31-Jun. 2, 2002 (& letter to the editor, Jun. 14).
“Flowers, perfume in airline cabins not OK?“, May 17-19, 2002; “Scented hair gel, deodorant could mean jail time for Canadian youth“, Apr. 24, 2000.
“‘Unharmed woman awarded $104,000’” (Manitoba chemical exposure), May 6, 2002.
“‘Targeting “big food”‘” (Lemieux, National Post), Apr. 29-30, 2002.
“Pharmaceutical roundup” (silicone implants popular), Apr. 16-17, 2002.
“Web speech roundup” (flag logo on website), Mar. 25-26, 2002.
“Tribulations of the light prison sleeper“, Mar. 25-26, 2002; “Prison litigation: ‘Kittens and Rainbows Suites’” (cellmate’s smoking violates rights), Jan. 11-13; “Paroled prisoner: pay for not supervising me“, Jan. 4-6, 2002.
“Couldn’t order 7-Up in French” (suing Air Canada for $525,000), Mar. 18, 2002; “Gotta regulate ’em all” (Quebec official upset that Pok?n cards not in French), Dec. 16, 1999.
“Stop, they said” (Manitoba: stop sign too vague?), Feb. 4-5, 2002.
“Planners tie up land for twenty years” (plus B.C. land use story), Jan. 18-20, 2002.
Family law, 2002: “‘Avoiding court is best defence’” (Dave Brown), Jan. 14-15. 2001: “‘Crying wolf’” (Christie Blatchford on sexual abuse charges), Oct. 30; “Why she’s quitting law practice” (Karen Selick), Aug. 13-14; “Canadian court: divorce settlements never final“, May 15; “‘Victim is sued for support’“, Feb. 9-11; “Solomon’s child” (Donna LaFramboise), Jan. 26-28. 2000: “Pilloried, broke, alone” (LaFramboise on “deadbeat dads”), April 10. 1999: “Down repressed-memory lane: distracted when she signed” (Ont. judge voids separation agreement), Dec. 29-30.
“Front-row spectator sues ‘reckless’ exotic dancer” (B.C.), Jan. 7-8, 2002; “Embarrassing Lawsuit Hall of Fame” (injured by exotic dancer in Ottawa), Aug. 14, 2000; “‘Toronto Torch’ age-bias suit” (stripper in Brantford), May 23, 2000.
“Overlawyered schools roundup” (challenge to Ontario standards), Dec. 7-9, 2001.
“Columnist-fest” (asylum policies), Nov. 27, 2001; “Opponents of profiling, still in the driver’s seat” (Air Canada), Nov. 2-4; “Security holes: to the North…” (anti-terrorism security), Sept. 14-16, 2001.
“‘Hate speech’ law invoked against anti-American diatribe“, Oct. 17-18, 2001; “Most unsettling thing we’ve heard about Canada in a while” (hate speech laws), Dec. 17-19, 1999.
“‘Hama to sue bridge owners over her daughter’s fall’” (Capilano Suspension Bridge, Vancouver), Oct. 8, 2001.
“Fear of losing welfare benefits deemed coercive” (N.S.), Oct. 3-4, 2001.
Zero tolerance, etc.: “John Leo on Overlawyered.com” (Halifax: snowball-like gestures banned), Aug. 15, 2001; “Fateful fiction” (Cornwall, Ont.), Jan. 30, 2001; “Hug protest in Halifax” (school’s no-physical-contact policy), March 2, 2000; “Zero tolerance roundup” (Windsor: 11-year-old’s fictional school essay), Dec. 27-28, 1999.
“Why she’s quitting law practice” (Karen Selick), Aug. 13-14, 2001.
“Welcome Bourque.org readers“, June 26, 2001.
“‘Dead teen’s family sues Take Our Kids To Work’“, May 31, 2001.
“Holiday special” (misconduct by N.B. lawyer), May 28, 2001.
“‘Insect lawyer ad creates buzz’” (Torys, Toronto), May 23, 2001; “‘Not-a-Lawyer’” (Vancouverite’s business card), Feb. 10-11, 2000.
“Columnist-fest” (Mark Steyn on Indian residential schools), May 1, 2001; “Bankrupting Canadian churches?“, Aug. 23-24, 2000.
“Canada’s secret legal aid“, April 10, 2001.
“Putting the ‘special’ in special sauce” (alleged rat in Big Mac”, March 29, 2001.
“Saves her friend’s life, then sues her“, Jan. 3, 2001.
“Canada reins in expert witnesses“, Nov. 22-23, 2000.
“Malpractice outlays on rise in Canada“, Oct. 2, 2000.
“‘Mother sues over lack of ice time for goalie son’” (Quebec), Sept. 11, 2000.
“‘Mugging victim “stupid”, judge says’” (Winnipeg case), Aug. 2, 2000.
“‘Skydivers don’t sue’“, May 26, 2000 (update July 6: Canadian diver prevails in suit against teammate).
“Cash for trash, and worse” (“Vancouver solution” for Microsoft?), June 26, 2000.
“Welcome Montreal Gazette readers” (columnist Doug Camilli cites this website), June 7, 2000; “Trop d’avocats.com” (we are recommended by the Gazette), Oct. 18, 1999.
“‘More lawyers than we really need?’” (aftermath of Walkerton, Ont. E. Coli outbreak: columnist cites this website), June 2-4, 2000.
“Less suing = less suffering” (Sasketchewan no-fault auto study), April 24, 2000 (& update June 26).
“Swissair crash aftermath” (Peggy’s Cove disaster in U.S. courts), March 14, 2000; “Montreal Gazette ‘Lawsuit of the Year’” (bagpipers sue Swissair for lost income), Jan. 17, 2000.
“‘Girl puts head under guillotine; sues when hurt’“, March 8, 2000.
“Ontario judge okays hockey-fan lawsuit“, Jan. 12, 2000; “Spreading to Canada?” (hockey fan sues Alexei Yashin), Oct. 20, 1999.
“Update: toilet of terror” (Canadian tourist visits Starbucks in NYC, sues), Dec. 8, 1999; “Starbucks toilet lawsuit“, Dec. 1, 1999.
“Mounties vs. your dish” (satellite regulations), Nov. 1, 1999.
“Sensitivity in cow-naming“, Oct. 21, 1999; “Weekend reading” (Bugs Bunny television complaint), Aug. 21-22, 1999. “You may already not be a winner” (prisoner suit over sweepstakes entry), Aug. 23, 1999.
For a discussion of the loser-pays principle, which Canada has retained to a considerable extent in its courts, see our loser-pays page
Filed under: asylum law, Canada, divorce, Mark Steyn, silicone breast implants, strippers and exotic dancers, Switzerland, zero tolerance
Florida class action (Engle), 2003: “A $710 million loose end“, Jun. 24; ““Trial lawyers get spanked’“, May 24-26; “Court overturns $145 billion Engle award“, May 22-23. 2001: “Angles on Engle“, May 24. 2000: “‘Not even thinking about’ fees“, Aug. 11-13; “Smoking and responsibility: columnists weigh in“, Jul. 28-30; “‘Poll: majority disapprove of tobacco fine’“, Jul. 24-25; “Florida verdict: more editorial reaction“, Jul. 24-25; “Smoking and responsibility: columnists weigh in“, Jul. 28-30; Editorial roundup“, Jul. 19-20; “Florida tobacco verdict“, July 18; “Tobacco: why stop at net worth?” (punitive damage rulings by judge), Jul. 10; “Another Mr. Civility nominee” (Stanley Rosenblatt), Jun. 2-4. 1999: “$49 million lawyers’ fee okayed in case where clients got nothing” (secondhand smoke class action), Sept. 28; “Personal responsibility takes a vacation in Miami“, Jul. 8; “The Florida tobacco jurors: anything but typical“, Wall Street Journal, Jul. 12, 1999.
Tobacco fees reconsidered, 2003: “Senate panel nixes tobacco-fee clawback“, May 9-11; “Feds indict former Texas AG“, Mar. 8-9; “‘Not a pretty picture’“, Jan. 10-12. 2002: “Judge overturns $1.3 billion tobacco fee award” (Castano Group), Sept. 27-29; “Welcome Fox News viewers/ readers“, Aug. 2-4; “Tobacco fees: one brave judge” (New York), Jul. 30-31 (& Aug. 2-4, Jun. 21-23, Oct. 16-17, Oct. 25-27, 2002; Feb. 11 & Jun. 6-8, 2003; May 11, 2001).
“‘Lawyers who won $10 bil. verdict had donated to judge’“, Apr. 30, 2003; “A bond too far“, Apr. 4-6; “Appeals bonds, again“, Apr. 2-3; “Mad County pays out again” (“light” cigarette class action), Mar. 24, 2003.
“‘Nanny Bloomberg’” (NYC smoking ban), Oct. 22, 2002.
Tobacco fees, state by state, 2003: “‘Law firms in tobacco suit seek $1.2b more’” (Mass.), May 19 (& Jan. 2-3, 2002, Dec. 22, 1999); “Feds indict former Texas AG“, Mar. 8-9 (& May 22, Sept. 1-3, 2000; Jun. 21, Aug. 29-30, Nov. 12, 2001, Jul. 15, Jul. 30-31, 2002; Jan. 10-12, 2003). 2002: “Judge overturns $1.3 billion tobacco fee award” (Castano Group, California), Sept. 27-29; “Tobacco fees: one brave judge” (N.Y.), Jul. 30-31 (& Aug. 2-4, Jun. 21-23, 2002, Oct. 16-17, 2002, Feb. 11, 2003, May 11, 2001); “Dewey deserve that much?“, Mar. 6; “Mass., Ill., NYC tobacco fees“, Jan. 2-3. 2001: “Michigan tobacco fees“, Sept. 19-20; “Tobacco-fee tensions” (Fla. resumes investing in tobacco cos.), Jun. 21 (& letter to editor, Jul. 6); “Missouri’s tagalong tobacco fees“, Jun. 5 (& Sept. 21, 2000); “‘Lungren now a paid advocate for his former foes’” (Calif.), Apr. 5; “(Another) ‘Monster Fee Award for Tobacco Fighters’” (Calif. cities and counties), Mar. 21-22; “Reclaiming the tobacco loot“, Mar. 15; “Lawyers get tobacco fees early“, Mar. 5; “Tobacco arbitrator: they all know whose side I’m on“, Feb. 16-19. 2000: “Beehive of legal activity: Utah tobacco fees“, Nov. 6; “South Carolina tobacco fees: how to farm money“, Oct. 25; “Gore amid friendly crowd (again)” (Fla.), Apr. 12 (& “Dershowitz’s Florida frolic?“, Jul. 17; also see Dec. 8-10, 2000, Aug. 8-9, 2000, Dec. 27-28, 1999); “Sooner get rich” (Oklahoma), Jun. 7; “‘Lawyers’ tobacco-suit fees invite revolt’” (Ohio), May 23; “North Carolina (& Kentucky & Tennessee) tobacco fees“, May 2; “Connecticut AG has ‘no idea’ whether lawyers he hired are overcharging“, Feb. 3 (& update Feb. 16); “Pennsylvania tobacco fees: such a bargain!“, Jan. 10 (& Oct. 24, 2002). 1999: “Maryland’s kingmaker” (Peter Angelos), Oct. 19 (& Dec. 9, 1999, Oct. 16-17, 2000, June 21, 2001, Apr. 10, 2002); “Illinois tobacco fees“, Oct. 16-17; “My dear old tobacco-fee friends” (Kansas AG, like Connecticut’s, gave tobacco business to her old law firm), Oct. 11 (see also Sept. 21, 2000); “Boardwalk bonanza” (N.J.), Oct. 1-3; “News judgment“, Aug. 6; “Puff, the magic fees” (Wisc.), Jul. 13.
Tobacco-fee tycoons, 2003: “Class action lawyer takes $20 million from defendant’s side” (Joseph Rice), Mar. 15-16; “‘Not a pretty picture’“, Jan. 10-12; 2002: “Rumblings in Mississippi” (Scruggs, Minor), Oct. 9-10 (& Nov. 6); “Judge overturns $1.3 billion tobacco fee award” (Castano Group), Sept. 27-29. 2001: “Settle a dispute today” (O’Quinn vs. Jamail), Sept. 18; “Ness monster sighted in Narragansett Bay” (Rhode Island, Ness Motley), Jun. 7 (& see Oct. 6-9, 2000, July 17, 2000, Nov. 1, 1999). 2000: “Punch-outs, Florida style” (Robert Montgomery), Nov. 17-19 (& see Aug. 8, April 12, 2000; Aug. 21-22, 1999); “Friend to the famous” (Williams Bailey), Oct. 12; “Senator Lieberman: a sampler” (voted to curb tobacco fees), Aug. 8-9; “Trial lawyer candidates” (Minnesota’s Ciresi), Jul. 6 (& update Sept. 15-17; loses primary bid); “‘Lawyers’ tobacco-suit fees invite revolt’” (USA Today editorial), May 23. 1999: “Who’s afraid of Dickie Scruggs?“, Dec. 2; “Maryland’s kingmaker” (Peter Angelos), Oct. 19 (& Dec. 9, 1999, Oct. 16-17, 2000, June 21, 2001); “The Marie Antoinette school of public relations” (tobacco lawyers pose for photo shoot on their yachts, horse farms, etc.), Aug. 21-22; and see lawyers’ campaign contributions.
Humor: “Dave Barry on tobacco settlement, round III“, Sept. 16-17, 2002; “Dave Barry on tobacco suits, round II“, March 16, 2000; “Dave Barry on federal tobacco suit“, Oct. 26, 1999; “Cartoon that made us laugh” (“….We can’t take those off the market! Dangerous products are a gold mine for the government!”), Jan. 21-23, 2000.
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Terms of state tobacco settlement, 2003: “Appeals bonds, again“, Apr. 2-3. 2002: “We did it all for the public health, cont’d” (Alabama devotes more proceeds to tobacco farmers than to smoking reduction), Aug. 22; “Tobacco settlement funds go to tobacco promotion” (N.C.), Jun. 28-30; “‘Bush budget surprise: $25M for tobacco suit’” (Martha Derthick, Up in Smoke), Feb. 20. 2001: “Tobacco-fee tensions” (Fla. resumes investing in tobacco cos.), Jun. 21 (& letter to editor, Jul. 6); “Reclaiming the tobacco loot“, Mar. 15; “Push him into a bedroom, hand him a script” (Bill Clinton testimonial for tobacco lawyers), Mar. 9-11; “Lawyers get tobacco fees early“, Mar. 5; “Tobacco arbitrator: they all know whose side I’m on“, Feb. 16-19; “Safer smokes vs. the settlement cartel“, Feb. 7-8. 2000: “Missouri tobacco fees“, Sept. 21, 2000; “Tobacco- and gun-suit reading” (Stuart Taylor, Jr.), Aug. 21-22, 2000; “Challenging the multistate settlement“, Jul. 17, 2000. 1999: “‘Few Settlement Dollars Used for Tobacco Control’“, Dec. 27-28; “Tobacco bankruptcies, and what comes after” (state gov’ts, trial lawyers would become cigarette producers), Dec. 13; “How the tobacco settlement works” (the more cigarettes sold, the more money states get), Nov. 2; “Addictive tobacco money” (states sued over alleged burden on their taxpayers — so are they using the proceeds to cut taxes?), Sept. 7; “Collusion: it’s an AG thing” (terms of settlement cartelize cigarette industry), Jul. 29. Also see Walter Olson, “Puff, the magic settlement“, Reason, Jan. 2000.
“‘Tough tobacco laws may not deter kids’“, Jun. 7-9, 2002; “Blind newsdealer charged with selling cigarettes to underage buyer“, Sept. 16, 1999.
“Sin-suit city” (Banzhaf), Jun. 10, 2002.
“Ad model sues tobacco company“, May 1-2, 2002.
“Australian party calls for banning smoking while driving“, Jun. 3-4, 2002; “‘Positive nicotine test to keep student from prom’” (over-18 student, off-premises consumption), Apr. 26-28, 2002 (& update May 10-12: school backs down); “Judge orders woman to stop smoking at home“, Mar. 27-28, 2002; “‘Smokers told to fetter their fumes’” (smoking in homes that bothers neighbors), Nov. 26, 2001; “Utah lawmakers: don’t smoke in your car” (when kids present), Oct. 5-7, 2001; “Apartment smoking targeted“, Jan. 3, 2000.
“Australian party calls for banning smoking while driving“, Jun. 3-4, 2002 (document retention case); “International tobacco suits: not quite such easy pickings“, Feb. 1-3, 2002; “‘Saudi Arabia finally gets tough on terrorism!’“, Dec. 10, 2001; “More from Judge Kent” (Bolivian suit), Aug. 3, 2001; “Smoker’s suit nixed in Norway“, Dec. 18-19, 2000; “They call it distributive justice” (government of Saudi Arabia sues tobacco cos.), Nov. 16, 2000; “Spreading to Australia?“, Dec. 29-30, 1999; “Israeli court rejects cigarette reimbursement suit“, Oct. 7, 1999.
“Veeps ATLA could love” (Durbin, D-Ill., as guardian of tobacco lawyers’ fees), July 7, 2000 (& see Apr. 25, 2002).
“Competing interests: none declared”. “The unconflicted Prof. Daynard“, April 21-23, 2000 (& update: letters, Jan. 2001, June 2001; Aug. 2, Dec. 17, 2001).
Federal tobacco suit: our views: “‘Bush budget surprise: $25M for tobacco suit’“, Feb. 20, 2002; “Judge throws out half of federal tobacco suit“, October 2, 2000; “Good news out of Washington…” (House votes to cut off funding for suit), June 21, 2000 (& update June 26: action reversed, funds approved); “Feds: dissent on smoking = racketeering“, Sept. 23, 1999; “Guest column in Forbes by Overlawyered.com‘s editor“, Oct. 25, 1999.
“Prison litigation: ‘Kittens and Rainbows Suites’” (cellmate’s smoking violates rights), Jan. 11-13, 2002.
Boeken v. Philip Morris: “Boeken record“, June 19, 2001; “$5,133.47 a cigarette“, Jun. 11, 2001; “Tobacco plunder in Los Angeles” ($3 billion damage award), Jun. 8-10, 2001.
Federal tobacco suit: others’ views: “Columnist-fest” (Jacob Sullum), Jun. 22-24, 2001; “Blatant end-runs around the democratic process” (former Labor Secretary Robert Reich), Jan. 15-16, 2000; “Dave Barry on federal tobacco suit” (plus novelist Tom Clancy’s critique), Oct. 26, 1999; “‘This wretched lawsuit’” (Jonathan Rauch in National Journal ), Oct. 13, 1999; “Feds’ tobacco shakedown: ‘A case of fraud’“, Sept. 29, 1999 (roundup of editorial pages); “Feds as tobacco pushers” (columnist Andrew Glass recalls encouragement of smoking in U.S. Army), Sept. 24, 1999; “Hurry up, before the spell breaks” (leading plaintiff’s lawyer wants feds to sue fast since public losing interest), Sept. 24, 1999.
Regulation by litigation: “Tobacco- and gun-suit reading” (law prof Michael Krauss), Aug. 21-22, 2000; “Convenient line at the time” (tobacco is unique, said state attorneys general — sure), May 15; “Stuart Taylor, Jr., on Smith & Wesson deal” (“Guns and Tobacco: Government by Litigation”), Apr. 11, 2000; “Arbitrary confiscation, from Pskov to Pascagoula” (Michael Barone in U.S. News on threat to rule of law), Jul. 24-25, 1999; “Guns, tobacco, and others to come” (Peter Huber in Commentary on the new mass-tort cases as “show trials”), Jul. 20; “‘A de facto fourth branch of government’” (prominent trial lawyer Wendell Gauthier’s view of plaintiff bar’s role), Jul. 4, 1999.
“Dewey deserve that much?“, Mar. 6, 2002; “Health plans rebuffed in bid to sue cigarette makers“, Jan. 11, 2000.
“Terrorists, American business execs compared“, Sept. 28-30, 2001.
“Columnist-fest“, Jun. 22-24, 2001 (Amity Shlaes on asbestos synergy case); “Best little forum-shopping in Texas” (state’s Medicaid suit got filed in Texarkana, contributing $6.1 million to local economy), Aug. 27, 1999.
“The Kessler agenda” (former FDA chief calls for cigarette ban), Jan. 12-14, 2001; “Kessler rebuked” (FDA claim of authority over tobacco), March 27, 2000.
“Updates” (baby Castano suit nixed in N.Y.), Dec. 26-29, 2000.
“Wal-Mart’s tobacco exposure“, Sept. 25-26, 2000; “The Wal-Mart docket” (sued over tobacco sales), July 7, 2000.
“Another billion, snuffed” (antitrust lawsuit between snuffmakers), May 10, 2000.
“Hollywood special: ‘The Insider’“, Mar. 30, 2000.
“Because they still had money” (Hausfeld’s price-fixing suit), Mar. 2, 2000.
“Tobacco lawyers’ lien leverage“, Feb. 29, 2000.
“Feds’ tobacco hypocrisy, cont’d: Indian ‘smoke shops’“, Jan. 25, 2000; “Do as we say, please” (Indian tribes, after profiting immensely from tax-free smoke shops, turn around and sue suppliers), Jul. 14, 1999.
“The joy of tobacco fees“, Jan. 20, 2000.
“Calif. state funds used to compile ‘enemies list’“, Jan. 5, 2000.
“‘Trial lawyers on trial’” (Trevor Armbrister, Reader’s Digest), Dec. 23-26, 1999.
“Philadelphia Inquirer Tech.life: ‘Web Winners’” (this page is recommended), Dec. 15, 1999.
“Ohio tobacco-settlement booty“, Nov. 8, 1999.
“Public by 2-1 margin disapproves of tobacco suits“, Nov. 5-7, 1999.
“Not-so-Kool omen for NAACP suit“, Nov. 1, 1999.
“Minnesota to auction seized cigarettes“, Oct. 21, 1999.
“Reform stirrings on public contingency fees“, Oct. 15, 1999.
“Big guns” (tobacco example shaped gun litigation), Oct. 5-6, 1999.
“Plus extra damages for having argued with us” (“lesson of tobacco”: you can get punished for defending your product), Aug. 19, 1999.
“‘Settlement bonds’: are guns next?” (how Wall Street finances expropriation of industries), Aug. 5, 1999.
Do the tobacco wars that began in the mid-1990s represent an unprecedented triumph for public health? Are they an inevitable response to legislative gridlock on smoking policy? Or are they our legal system’s own updated version of the Gilded Age scandals that brought American government into disrepute a century ago, siphoning billions of dollars of publicly obtained money into the hands of politically connected attorneys? Commentaries on Overlawyered.com (above) may help you decide. In the mean time, the following links offer a way into the wider tobacco controversy:
Anti-tobacco groups, most of which are supportive of litigation as well as other coercive government actions aimed at curtailing tobacco sale and use, are well represented on the web. They include Tobacco.org, federally funded antitobacco activist Stanton Glantz’s Tobacco Control Archives, Americans for Non-Smokers’ Rights, Action on Smoking and Health, and the American Council on Science and Health. Tobacco.org’s links list is especially comprehensive. The empire associated with Prof. Richard Daynard, participant in tobacco suits, oft-quoted expert, and professor at Northeastern U., includes the Tobacco Products Liability Project and Tobacco Control Resource Center, as well as the State Tobacco Information Center. The Castano Group, a vast joint venture of trial lawyers cooperating to file tobacco class actions, maintains a website that is distinctly uninformative (unless you’re a lawyer/member or a cooperative pressie).
Relatively neutral sites include Yahoo Full Coverage.
Critics of the anti-tobacco crusade often note that it curtails individual liberty, freedom of contract and freedom of association. As part of its Breaking Issues series (“Fining Smokers“), Reason magazine includes a list of online articles skeptical of the government’s role in the tobacco field, while Reason senior editor Jacob Sullum is the author of 1998’s For Your Own Good : The Anti-Smoking Crusade and the Tyranny of Public Health. At the libertarian-oriented Cato Institute, Robert Levy has criticized “The Tobacco Wars“, written that “States Share Blame for Tobacco Lawyers’ Greed“, and called tobacco settlements “Dangerous to Your Liberty“; the state Medicaid suits, he argues, are “Snuffing Out the Rule of Law“. Cato’s Jerry Taylor describes the battle as “The Pickpocket State vs. Tobacco“. “The Anti-Tobacco Crusade” by Joseph Kellard, Capitalism magazine, March 1998, argues from a viewpoint supportive of Ayn Rand’s Objectivism. In Colorado, the Independence Institute maintains a Center for Personal Freedom run by Linda Gorman which draws the connection to other paternalist crusades on issues like drinking, seatbelt use and mandatory helmet laws. The Heritage Foundation’s Todd Gaziano makes the case that a proposed federal lawsuit against tobacco companies is “elevating politics over law” (July 30, 1999 Backgrounder). Overlawyered.com‘s editor has taken exception to the retroactivity of the crusade, to its manipulative treatment of children, and to the hardball or demagogic tactics used in the Castano and Engle cases. Rep. Chris Cox (R-Calif.) delivered a notable critique of the tobacco litigation at a Congressional hearing held Dec. 10, 1997 (no longer online).
An extensive site offering an aggressive defense of smoking and smokers, along with a large collection of links, is Forces International (“Fight Ordinances and Restrictions to Control and Eliminate Smoking”).
Filed under: Alabama, antitrust, asbestos, attorneys general, Australia, bankruptcy, Colorado, Connecticut, contingent fee, Dickie Scruggs, Illinois, Joe Jamail, Kentucky, Maryland, Michael Ciresi, Michigan, Minnesota, Mississippi, Missouri, North Carolina, Norway, Ohio, Oklahoma, Pennsylvania, Philadelphia, Rhode Island, Richard Daynard, Saudi Arabia, South Carolina, Stanley and Susan Rosenblatt, Tennessee, tobacco, tobacco settlement, Utah
Whatever you do, don’t criticize lawyers — 2003: “The intimidation tactics of Madison County“, Jun. 9 (& updates Jul. 12, Jul. 26). 2002: “‘Ex-jurors file $6 billion suit against ’60 Minutes’“, Dec. 16-17; “Lawyers fret about bad image” (Fla. bar plans to rate and monitor tone of journalists’ coverage), Oct. 3; “Mich. lawyer’s demand: get my case off your website” (“Love Your Neighbor”, M-LAW, Overlawyered.com), Jun. 20 (& letter to the editor, July 6); “Dangers of complaining about lawyers” (Ga. considers easing defamation counter-complaints by lawyers), Mar. 30-Apr. 1. 2000: “Australian roundup” (lawyers sue cabinet minister for suggesting they overcharge and lack ethics), Sept. 6-7; “Target Detroit” (class action lawyers personally sue DaimlerChrysler lawyer, citing his critical remarks regarding them), Jul. 19-20; “Baron’s judge grudge” (lawyer bullies alt-weekly Dallas Observer over expos? March 23. 1999: “Criticizing lawyers proves hazardous” (class-action attorneys sue columnist Bill McClellan for making fun of them), Nov. 4 (updated Nov. 30 (he criticizes them again, though suit is still pending) and Feb. 29, 2000 (they agree to drop suit); “Couple ordered to pay $57,000 for campaign ads criticizing judge“, Oct. 18; “Think I’m too litigious? I’ll sue! (II)” (lawyer sues over being called ambulance chaser), Aug. 16.
Hate speech, hate crime laws, 2002: “British free-speech case“, Dec. 18-19; Letter to the editor, Oct. 23; “Cutting edge of discrimination law” (Huckleberry Finn in schools), Oct. 7-8; “Prominent French author sued for ‘insulting Islam’“, Aug. 23-25 (& Sept. 18-19, Oct. 25-27 (acquitted)); “French ban sought for Fallaci book on Islam“, Jun. 11-12; “Our editor interviewed“, May 29. 2001: “Australia: anti-American tripped up by speech code“, Dec. 21-23; “Compulsory chapel for Minn. lawyers“, Dec. 18; “EU considers plans to outlaw racism“, Dec. 5-6; “U.K. may ban anti-religious speech“, Oct. 19-21; “‘Hate speech’ law invoked against anti-American diatribe” (Canada), Oct. 17-18; “Judge to ‘Sopranos’ suit: fuhgetaboutit“, Sept. 21-23 (& Apr. 6-8); “‘Lawsuit demands AOL stop anti-Islamic chat’“, Sept. 3. 2000: “U.S. Department of Justice vs. Columbus Day?“, Oct. 3; “Punitive damages for hatemongering?” (Wash. Post on Aryan Nations case), Sept. 19; “Australia: antibias laws curb speech” (newspaper’s slighting ethnic references), July 11; “Columnist-fest” (John Rocker case), Jan. 18; “Watch your speech in Laguna Beach“, Jan. 13-14. 1999: “Most unsettling thing we’ve heard about Canada in a while” (hate speech laws), Dec. 17-19; “Speech police go after opinion articles, editorial cartoons“, Aug. 28-29; “Hate-crime laws: why they aren’t liberal“, Aug. 9.
Intellectual property, 2003: “He’s gotta have it” (Spike Lee v. Spike TV), Jun. 16-17; “Hiker cuts off use of his name“, Jun. 4-6. 2002: “Macaulay on copyright law“, Oct. 14; “‘Judge Throws Out “Harry Potter” Copyright Suit’“, Oct. 7-8; “How sharper than a serpent’s tooth it is/To have a precociously musical child” (singer James Brown sued by daughters), Sept. 20-22; “Skittish at Kinko’s” (won’t make copies of customer’s own published writing), Jul. 26-28; “Stolen silence?” (John Cage composition), Jul. 19-21; “Law blogs“, Jul. 3-9; “‘Top ten new copyright crimes’” (satire), Jun. 3-4; “‘A fence too far’” (Hollings bill), May 20-21; “ReplayTV copyright fight“, May 6; “A DMCA run-in” (linking to copyright violation), Apr. 16-17; “Intel Corp. versus yoga foundation“, Apr. 1-2; “Web speech roundup“, Mar. 25-26; “British Telecom claims to own hyperlinks“, Feb. 13-14 (& Oct. 1-2); “Overlawyered film sets“, Feb. 8-10; “‘”Let’s Roll” Trademark Battle Is On’“, Feb. 4-5 (& Feb. 11-12); “‘Aborigines claim kangaroo copyright’“, Feb. 1-3. 2001: “Radio daze“, Aug. 31-Sept. 2; “Barney’s bluster“, June 25 (& “Welcome Slashdot readers“, July 5); “Mich. lawyer’s demand: get my case off your website” (“Love Your Neighbor”, M-LAW, Overlawyered.com), June 20; “Value of being able to endure parody without calling in lawyers: priceless” (MasterCard), April 25; “Patenting the Web?“, April 3-4; “Scientologists vs. Slashdot“, Mar. 19-20. 2000: “Web-copyright update: ‘Dialectizer’ back up, ‘MS-Monopoly’ down“, Aug. 16-17; “‘Dialectizer shut down’“, May 18-21; “More assertions of link liability” (DVD hack), Dec. 31, 1999-Jan. 2, 2000. 1999: “Hey, what is this place, anyway?” (Pez Co. claims right to restrict use of word “Pez”), Oct. 16-17; “Copyright and conscience” (goodbye to “Dysfunctional Family Circus”), Oct. 7 (& see main IP section on tech law page).
Lawsuits intimidate expression, 2003: “McDonald’s sues food critic” (Italy), Jun. 16-17. 2002: “PetsWarehouse.com defamation suit, cont’d” (linking, metatags), May 22-23 (& May 27, 2002, Oct. 4-6, 2002, Aug. 6, 2001); “Defend yourself in print and we’ll sue” (Nike issue ads), May 3 (& Feb. 13-14); “Web speech roundup“, Mar. 25-26. 2001: “Gary to Gannett: pay up for that investigative reporting“, March 30-April 1; “Scientologists vs. Slashdot“, March 19-20; “‘Persistent suitor’” (criticism of academic journals’ publisher), Feb. 6. 2000: “Hauling commentators to court“, Dec. 1; “Degrees of intimidation” (book on “diploma mills”, Apr. 28-30; “Terminix vs. consumer critic’s website“, Mar. 31-April 2; “Costs of veggie-libel laws“, Mar. 20. 1999: “Feds: dissent on smoking = racketeering“, Sept. 23.
Bans on web content not “accessible” to disabled: see special section on disabled rights page.
Blaming media for violence, 2002: “Updates” (Jenny Jones case), Oct. 25-27; “‘Addictive’ computer game blamed for suicide“, Apr. 3-4 (& letter to the editor, Apr. 11). 2001: “Blame video games, again” (WTC terrorism), Sept. 24; “Put the blame on games” (Columbine), April 24, 2001 (& see March 6, 2002: judge dismisses case); “Judge throws out Hollywood- violence suit” (Oliver Stone, Natural Born Killers), March 13-14. 2000: “Hollywood under fire: nose of the Camel?“, Sept. 19; “‘Violent media is good for kids’“, Sept. 13-14; “Shoot-’em-ups: hand over your files“, June 19; “Judge dismisses suit blaming entertainment business for school shootings“, April 13. 1999: “Down the censorship-by-lawsuit road“, Oct. 12; “‘Bringing art to court’“, Sept. 9; “Censorship via (novel) lawsuit” (media companies sued after school shootings), July 22.
Harassment law: “‘Lawsuit demands AOL stop anti-Islamic chat’“, Sept. 3, 2001; “EEOC: unfiltered computers ‘harass’ librarians“, June 4, 2001; “Harassment-law roundup” (pin-ups, bar owner case), May 4, 2000; “The scarlet %+#?*^)&!“, March 7; “Recommended reading” (Roland White in London Times on chill to office banter), Jan. 25, 2000; “Suppression of conversation vs. improvement of conversation“, Nov. 12, 1999 (excerpts from Joan Kennedy Taylor book); “‘Personally agree with’ harassment policy — or you’re out the door“, Sept. 22; “EEOC encourages anonymous harassment complaints“, Sept. 3, 1999; and see separate page on harassment law.
Those dangerous emails: “Cartoonist’s suit over practical joke“, Oct. 26-28, 2001 (& letter to the editor, Nov. 29); “Big fish devour the little?” (listserv defamation, aquatic plants case), Aug. 6, 2001; “Harassment-law roundup” (email-shredding software), Feb. 19-21, 2000; “Emails that ended 20 Times careers“, Feb. 8-9, 2000; “Hold your e-tongue” (emails “can kill you in a courtroom”), Nov. 9, 1999; “Please — there are terminals present” (Bloomberg email system censors bad words), July 30; “‘Destroy privacy expectations’: lawyer” (tell workers their email and hard drives are open to company inspection), July 26, 1999; and see separate page on harassment law.
Web liability issues, 2002: “AVweb capitulates to defamation suit“, Sept. 16-17 (& Sept. 18-19); “PetsWarehouse.com defamation suit, cont’d” (linking, metatags), May 22-23 (& Oct. 4-6); “A DMCA run-in” (linking to copyright violation), Apr. 16-17; “Web speech roundup“, Mar. 25-26; “Columnist-fest” (N.Y. Times v. Tasini), Feb. 11-12; “Web defamation roundup“, Jan. 18-20. 2001: “Words as property: ‘entrepreneur’” (domain name dispute), Nov. 1; “University official vs. web anonymity“, Oct. 30; “‘Lawsuit demands AOL stop anti-Islamic chat’“, Sept. 3; “Anonymity takes a D.C. hit” (Italy licenses web publishers), May 21; “Scientologists vs. Slashdot“, March 19-20. 2000: “Yahoo pulls message board“, Oct. 18; “‘Regulating Privacy: At What Cost?’” (Swedish privacy laws), Sept. 20; “Web-copyright update: ‘Dialectizer’ back up, ‘MS-Monopoly’ down“, Aug. 16-17; “Dangers of linking“, June 7; “Illegal to talk about drugs?“, May 30; “‘Dialectizer shut down’“, May 18-21; “eBay yanks e-meter auctions” (copyright claim), May 3; “Terminix vs. consumer critic’s website” (metatags), March 31-April 2; “More assertions of link liability” (DVD hack), Dec. 31-Jan. 2. 1999: “Link your way to liability?” (professor sues over “course critique” website), Nov. 15 (& update Oct. 10, 2000); “We ourselves use ‘sue’” (competitors’ names used as metatags), Sept. 25-26; “Don’t link or I’ll sue” (“deep linking” suits), Aug. 13 (& update April 5, 2000: court rules deep linking not violation). Plus: our 404 message; & see data collection, disabled online access issues, and high-tech law generally.
Other media/performance accessibility issues, 2002: “11th Circuit reinstates ‘Millionaire’ lawsuit” (suit against “Millionaire” TV show over telephone-based screening), Jun. 21-23 (& Mar. 24-26, June 12, June 19, Nov. 7, 2000; Nov. 5, 2001). 2001: “‘Panel backs deaf patron’s claim against club’” (interpreter demand at comedy club), March 9-11. 2000: “Seats in all parts” (theaters), Dec. 29, 2000-Jan. 2, 2001; “Movie caption trial begins” (assistive devices aid concert bootleggers), Aug. 1; “Complaint: recreated slave ship not handicap accessible“, July 21-23; “Preferred seating” (theaters), April 25-26; “Newest disabled right: audio TV captioning“, March 22; “‘Deaf group files suit against movie theaters’” (closed captioning demand), Feb. 19-21; “The fine print” (sue Boston Globe for reducing type size?), Feb. 17.
Surveillance: “Collateral damage in Drug War” (identity of book buyer), Apr. 28-30, 2000; “Chat into the microphone, please” (SEC plan to trawl Web), Apr. 11; “The booths have ears” (restaurant conversations spied on in U.K.), Apr. 5; “The bold cosmetologists of law enforcement“, Mar. 29; “Your hairdresser — and informant?“, Mar. 16, 2000; “EEOC encourages anonymous harassment complaints“, Sept. 3, 1999.
Defamation, 2003: “Around the blogs” (N.Y. Times brass), Jun. 18-19. 2002: “PetsWarehouse.com defamation suit, cont’d“, May 22-23; “Web speech roundup“, Mar. 25-26; “Web defamation roundup“, Jan. 18-20; “The talk of Laconia“, Jan. 2-3. 2001: “Attorney can sue for being called ‘fixer’“, Dec. 5-6; “University official vs. web anonymity“, Oct. 30; “Disparaging stadium nickname leads to suit“, Jul. 5 (& update Aug. 29-30: company drops suit); “Patenting the Web?” (TechSearch v. Intel defamation suit), Apr. 3-4. 2000: “Toronto coach: Ich kann nicht anders” (had to file defamation suit), Apr. 25-26 (& update May 4, case dropped); “Great moments in defamation law” (armed robber sues own lawyer for mistakenly calling him heroin instead of crack abuser), Apr. 14-16.
Advertising, 2003: “Clear Channel = Deep Pocket” (advertising as nexus of liability in nightclub fire?, Mar. 10-11. 2002: “Lawsuit threats vs. campaign speech“, Oct. 4-6 (& May 18-21, 2000); “Defend yourself in print and we’ll sue” (Nike issue ads), May 3 (& Feb. 13-14); “Norway toy-ad crackdown” (sexism), Apr. 23-24; “‘FTC Taking “Seriously” Request to Probe Firearms Sites’” (unlawful to recommend guns for family security?), Jan. 16-17. 2001: “Radio daze“, Aug. 31-Sept. 2; “Ghost blurber case“, June 12; “Old-hairstyle photo prompts lawsuit“, June 1-3; “Junk-fax bonanza“, March 27 (& March 3-5, 2000, Oct. 22, 1999). 2000: “Web-advertisers’ apocalypse?“, Apr. 20. 1999: “Free expression, with truth in advertising thrown in?” (lawyer’s Jolly Roger flag dispute), Dec. 31; “Feds: dissent on smoking = racketeering“, Sept. 23, 1999 (and see lawyers’ advertising page).
TV, 2003: “He’s gotta have it” (Spike Lee v. Spike TV), Jun. 16-17; “Jailhouse rock” (VH1), Mar. 10-11; “‘Jack Ass blasts “Jackass”‘“, Jan. 3-6. 2002: “Updates” (Jenny Jones case), Oct. 25-27; “‘Demand for more ugly people on TV’” (Norway: higher “ugly quotas” sought), Oct. 21; “Lawsuit threats vs. campaign speech“, Oct. 4-6; “11th Circuit reinstates ‘Millionaire’ lawsuit” (suit over show’s telephone-based screening), Jun. 21-23 (& Mar. 24-26, June 12, June 19, Nov. 7, 2000; Nov. 5, 2001); “Soap star: ABC wrote my character out of the show“, Apr. 10. 2001: “Suing ‘The Sopranos’“, Apr. 6-8 (& Jul. 12-14, 2002: case dropped); “‘Survivor’ contestant sues“, Feb. 7-8. 2000: “Behind ‘Boston Public’“, Nov. 21; “Palm Beach County ‘Under Control’” (suit against network for erroneous election-eve projection), Nov. 16; “Why the bad guys can’t stand John Stossel“, Aug. 18-20; “Won’t pay for set repairs” (Orkin ad leads viewers to throw objects at their TVs), May 30; “Thomas the Tank Engine, derailed” (show’s email contact with young fans), May 25; “Sock puppet lawsuit” (“Late Show with Conan O’Brien” writer), Apr. 27; “Who wants to sue for a million?” (suit against game show for lack of disabled access), Mar. 24-26 (& update Jun. 12); “Newest disabled right: audio TV captioning“, Mar. 22; “Letterman sign suit“, Mar. 17-19. 1999: “The fateful T-shirt” (Leno show giveaway suit), Dec. 7.
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