I’ll be on “AirTalk” hosted by Larry Mantle on Los Angeles’s KPCC radio (89.3 FM) between 10:06 and 10:40 AM Pacific Wednesday morning, talking about the Supreme Court nomination. There should be a Podcast available afterwards.
Archive for July, 2005
ABC News Now today
I’ll be on ABC News Now, ABC’s webcast service, at 5:35 PM Eastern, talking about the Supreme Court nomination. There will be a rebroadcast at 9:05 PM, but I’ll be watching the president’s speech instead of my wild guess of the gender of his nominee. Needless to say, the “Guilt or Innocence” show did not discuss the London bombings.
Speechless in Seattle
You can expect the press to close ranks around its own when freedom of speech is threatened, right? Well, maybe not, when the speakers in question are Fox radio hosts and the heavy hand of government is acting under the aegis of campaign regulation. (Ryan Sager, “Seattle, Post Intelligence”, TechCentralStation, Jul. 19). Sager’s blog has further details, here and here. For more on the controversy over a judge’s order that comments by KVI hosts John Carlson and Kirby Wilbur be counted as campaign contributions, see Jul. 11.
Banking while intoxicated
Maggie Rizer earned millions as a successful model, but lost it in defalcations by her stepfather John Breen, who held power of attorney over her bank accounts back in her hometown of Watertown, N.Y. Now she’s suing HSBC, the bank; among her claims is that Breen’s demeanor should have constituted adequate warning that his withdrawals were improper and not in her best interest. The bank’s attorneys, in their motion for dismissal of the claim, argue (among numerous other defenses) that: “HSBC has no duty to screen its customers for use (of) alcohol or any other substance. There is no law prohibiting banking while intoxicated or while using medication. To hold that such a duty exists would place an unreasonable, and illogical duty upon banks.” (“Banking While Intoxicated: No Such Law, Says HSBC In Response To Rizer Lawsuit”, WWTI (Watertown, N.Y.), Jul. 18). In other news of intoxication, Eric Laverriere has sued the Waltham, Mass. police department, which collared him while breaking up a New Year’s Eve party at a friend’s house, then took him into “protective custody” and a nine-hour lockup. His suit contends that he had not caused any public disturbance and that drinking in private falls constitutionally short of adequate grounds for arrest. (Shelley Murphy, “Lawsuit asserts right to get drunk on private property”, Boston Globe, Jul. 8). Wave Maker (Jul. 8) has more details.
“Tokyo governor sued for insulting French”
Japan, a country known for its extremely low rate of litigation, has furnished very little fodder for this site over the years, but here’s one that was worth the wait: “A group of teachers and translators in Japan on Wednesday sued Tokyo’s outspoken nationalist governor for allegedly calling French a ‘failed international language,’ a news report said. Twenty-one people filed the lawsuit at the Tokyo District Court, demanding that Tokyo Gov. Shintaro Ishihara pay a total of 10.5 million yen ($94,600) compensation for insulting the French language in remarks last October, national broadcaster NHK said.” (AP/CentreDaily, Jul. 13). More: LanguageLog weighs in (Jul. 19).
Some “framing” advice
Speechwriter/ghostwriter Jane Genova (Apr. 10), commenting on one of linguistics guru George Lakoff’s suggestions for semantic reformulation of public debate: “Dems, be prepared to be laughed at when you start calling trial lawyers ‘public-protection attorneys.’ Then you’ll not only be yesterday but ridiculous.” Other bloggers, rounded up on Technorati, don’t seem to care for the idea much either.
No running — this is a playground
Courtesy Matt Conigliaro (Jul. 18): swings and other fun elements are disappearing fast from South Florida playgrounds under lawyering pressure. “To say ‘no running’ on the playground seems crazy,” says Broward County School Board member Robin Bartleman, whose own 6-year-old daughter is disappointed in the playground at Everglades Elementary in Weston. “But your feelings change when you’re in a closed-door meeting with lawyers.” “Play is one of children’s chief vehicles for development,” said University of Texas emeritus professor Joe Frost, who runs the Play and Playgrounds Research Project there. “Right now it looks like we’re developing a nation of wimps.” (Chris Kahn, “In the pursuit of safety, teeter-totters and swings are disappearing from playgrounds”, South Florida Sun-Sentinel, Jul. 18). See Sept. 8, Mar. 5, etc. More: Liz Lightfoot, “Schools ‘wrap children in cotton wool'”, Daily Telegraph (U.K.), May 3.
Thanks to Jeff Lewis
…for his guestblogging contributions over the past two weeks. For more, see his Southern California Law Blog and LawLimits.
Update: $65.1 million verdict in Florida
The Daily Business Review has more on the Eller Media trial and verdict in Florida (Jul. 10). While the story unfortunately does not take any steps to resolve the question of whether the defense theory of a lightning strike had any legitimacy, the story does reveal that the beneficiary of the $65.1 million verdict will be a father who abandoned his son when he was two, and then had little to do with him over the next ten years before there was a potential deep-pocket defendant. The plaintiffs were allowed to argue to the jury that the profits of Clear Channel Communications—which bought the defendant years after the incident—should be considered. (Jessica Walker, “Strategies on the Way to a $65 Million Verdict”, Jul. 12).
“Parents asked to pay alimony to son’s wife”
As New Jersey Law Blog summarizes the case (May 19): “Cynthia Idleman claims that after her husband [Douglas] lost his job and suffered a disabling medical condition his parents have supported their family for the last two years by giving them about $20,000 per month. She claims that by having done so, ‘they have stepped into the shoes of their son’ and, thereby, assumed a continuing obligation to support not only their grandchildren, but also her.” See “Divorce Case Focused On In-Law Support”, WINS, May 17; Lisa Brennan, “Lawyers Wince at Grandparental Alimony Claim”, New Jersey Law Journal, May 26. Among those commenting: Enlighten-NJ, Michael Capanzzi, and the Michigan Medical Malpractice blogger.