Big numbers dept.: “Exxon Mobil Corp., the world’s largest publicly traded oil company, persuaded an Alabama state court judge to cut a $11.9 billion verdict to $3.6 billion [last month] in a lawsuit over natural gas royalties.” (“Exxon Verdict Cut to $3.6 Bln in Alabama Gas Suit”, Bloomberg, Mar. 29). See Dec. 1, 2003; Dec. 20, 2000. Lawyers in Texas are organizing a similar suit by public entities there — no-fee, no-win, of course: Patrina A. Bostic, “Entities might sue large oil companies”, Longview News-Journal, Apr. 7.
Archive for April, 2004
Update: stripped of her big award
The Georgia Court of Appeals has stripped Vanessa Steele-Inman of her million-dollar jury award against the owners and managers of Atlanta’s Pink Pony nightclub over alleged irregularities in the 1997 Miss Nude World International pageant (see Jul. 26-27, 2000, Mar. 23-25, 2001). (Jonathan Ringel, “Miss Nude Contestant Stripped of Court Victory”, Fulton County Daily Report, Mar. 30).
“Licorice Addict Sues German Confectioner”
Food-overuse suits not solely an American phenomenon: “German candy manufacturer Haribo has been sued by a woman who blames her addiction to licorice and consequent heart problems on the confectioner, according to a Berlin court announcement. The 48-year-old plaintiff from Berlin is asking for ?6,000 ($7,148) in damages from Haribo because she developed heart problems after consuming 400 grams (14 ounces) of the chewy candy every day for four months.” Medical literature has warned that the active compound in licorice, glycyrrhizin, can cause physiological effects when consumed in extremely large quantities. (Deutsche Welle, Apr. 16). See also Nov. 14, 2001. Update Apr. 20: court dismisses suit, saying product was correctly labeled.
Kerry: no to reparations, yes to “environmental justice”
Giving him due credit: “John Kerry yesterday told students at Howard University that he doesn’t support financial reparations for blacks, saying it would only divide the nation and ‘not heal the wounds.’ … His answer received marked applause from the audience in the reading room of the historically black university’s Armour J. Blackburn Center in Northwest.”
On the other hand: the presumptive Democratic presidential nominee “also committed to the creation of a post for an assistant attorney general for environmental justice” and opined “that nearly 25 percent of children in Harlem have asthma partly because ‘all of the trucks’ traveling through New York City are routed through the neighborhood,” a sentiment open to doubt not only because of the high share of trucks that use other routes into and out of the city, but also because truck emissions, like air pollution generally, have sharply declined over the same decades in which urban childhood asthma rates have increased. (Brian DeBose, “Kerry opposes slavery reparations”, Washington Times, Apr. 16).
“Scientology critic ordered to pay church”
“A former member and longtime critic of the Church of Scientology has been ordered by a Marin County judge to pay the church $500,000 for speaking out against the controversial religious movement.” Scientology defector Gerald Armstrong, in a 1986 settlement of earlier litigation with the church, had agreed to “maintain strict confidentiality and silence with respect to his experiences with the Church of Scientology” with a penalty of $50,000 for every offending utterance. “The church maintains that Armstrong has violated the agreement at least 201 times and owes it just over $10 million.” Armstrong’s “lawyer noted that his client had declared bankruptcy to avoid paying past damages won by Scientology, and Armstrong still vows to never pay a penny to the church.” (Don Lattin, San Francisco Chronicle, Apr. 13). See also Mar. 25-26, 2002; May 3, 2000.
Give us 40 percent of Colo. (or one casino site)
“The Cheyenne and Arapaho tribes of Oklahoma filed a claim Wednesday for 27 million acres given to the tribes in a 19th century treaty but said they would settle for 500 acres to build a casino in a symbolic return to Colorado. The petition, filed with the Department of Interior, covers northeastern Colorado and about 40 percent of the state.” And just like many Eastern tribes or would-be tribes, they’ve got an investor: “Steve Hillard, a Longmont venture capitalist who pulled together investors for the plan, dubbed the ‘Homecoming Project,’ said the unresolved settlement claims could tie up land and water sales in northeastern Colorado until an agreement is reached. Hillard said similar claims in Hawaii, New York, South Carolina and Texas have slowed real estate sales.” (Deborah Frazier, “Indians file huge land claim”, Rocky Mountain News, Apr. 15). For more on Indian land claim blackmail, see Feb. 9 and Nov. 2-4, 2001, among many others.
U.K.: “Legal system is failing fathers, says judge”
Britain: “One of the country’s most senior family judges launched a blistering attack on the legal system yesterday for failing divorced and separated fathers. Mr Justice Munby said he felt ‘ashamed’ after dealing with a man who had fought unsuccessfully for five years to see his daughter,” the mother having ignored contact arrangements and groundlessly accused him of abuse and domestic violence. (Sarah Womack and Yolanda Copes-Stepney, Daily Telegraph, Apr. 2).
Catherine Crier show today
I’m scheduled to be a guest on Court TV’s Catherine Crier Live this afternoon, discussing this website. On Monday morning in Australia (Sunday afternoon in the States) I’m slated to join the Australian Broadcasting Corp. on its Radio National Breakfast show, for a discussion of personal responsibility and obesity lawsuits. And on Monday morning, 8:30 Central, I’ll be a guest on the “Dan, Doc and Dave” show on Peoria, Ill.’s WMBD.
Madison County now an asbestos magnet
About one quarter of mesothelioma cases nationwide are filed in Madison County now, and the overwhelming majority of those are set for trial–even though the majority of those cases do not involve plaintiffs who have any connection with Madison County. Former attorney general and federal judge Griffin Bell, who served under Jimmy Carter from 1977-1979, has called for a DOJ investigation into the “stain on our system” behind the curiously plaintiff-friendly courts. Bell identifies some of the egregious practices in Madison County, such as blanket subpoenas of high-ranking corporate executives who know nothing about the individual details of a case, and the setting of multiple cases for trial the same day, with only plaintiffs knowing which case will actually be tried. (Trisha Howard, “Lawyer in big-money suits is scornful of ex-attorney general”, St. Louis Post-Dispatch, Apr. 14; Susan Skiles Luke, “Former attorney general calls for asbestos court reform”, AP, Apr. 14; “Asbestos cases quadruple in Madison County, Ill.”, St. Louis Business Journal, Apr. 14; Sanford J. Schmidt, “Lawyers spar over asbestos filings”, Alton Telegraph, Apr. 15; Brian Brueggemann, “Forum participants: Investigate Madison County court system”, Belleville News-Democrat, Apr. 15).
School-potluck menace averted
Since last year the Board of Health of the town of Andover, Mass., has required school parent-teacher organizations “to have a specially trained ‘certified food protection manager’ if they plan to serve food at a school fund-raiser or class party.” The training sessions needed to become a certified manager cost $145. Potluck suppers are entirely forbidden since it is impossible to monitor the cooking of food in homes. “The rules were even stricter when the policy was first implemented. PTOs and parents were required to have a trained food safety expert at every event involving food, including classroom birthday parties where cupcakes would be served.” Now the town is drawing up a list of foods that it does not consider to pose a big safety problem, a list that surprisingly turns out to include coffee and doughnuts (hasn’t anyone warned them about hot-coffee spills and obesity-as-tort?) “Even though we have a long history of no problems, society is getting more litigious, and many of the PTOs are looking at getting insurance,” said Mary Jo Gustus, who heads the parent-teacher organization at South Elementary School. (Meredith Warren, “Parents train as food police for school spaghetti suppers”, Lawrence Eagle Tribune, Mar. 17). For another food menace averted, see Dec. 13, 1999. More: Feb. 17, 2005 (Indiana).