“The parents of a 13 year-old boy who died falling from a building are suing World of Warcraft developer Blizzard, claiming that the massively-multiplayer online game is to blame for their son’s death. According to Chinese news agency Xinhua, the parents, who reside in the city of Tianjin, claim the boy jumped to his death whilst re-enacting a scene from the game. They are supported by Zhang Chunliang, a well-known activist whose campaign seeks to highlight the dangers of Internet addiction….There are more than 1.5 million World of Warcraft players in China — making up more than a third of the game’s worldwide subscriber base, even though the game only went on sale there in June.” (Ellie Gibson, “Parents set to sue Blizzard after World of Warcraft player dies”, GamesIndustry.biz, Nov. 21)(Joystiq.com thread). More on computer- and videogame suits: Oct. 21, Nov. 9, etc.
Archive for 2005
Update: Ed Fagan disciplinary hearings
Kate Coscarelli of the Newark Star-Ledger is covering them:
The brash-talking attorney was the focus of two days of disciplinary hearings that will ultimately decide whether he should be disbarred for mishandling client funds. The sometimes-contentious hearings were held …in a third-floor room at state Superior Court in Hackensack before retired Judge Arthur Minuskin, who is the special ethics master in the case.
The state Office of Attorney Ethics has charged Fagan with mishandling almost $400,000 in client funds, including money from two Holocaust survivors: Estelle Sapir, who got a large settlement from the Swiss banks, and Gizella Weisshaus, a Brooklyn woman who was the first survivor to sue the banks.
(“Holocaust lawyer fights his own court battle”, Nov. 17). More on attorney Edward Fagan: Aug. 27, Jun. 4 and many more.
Illinois State Bar Association takes action
The Illinois State Bar Association has found that people in focus groups are upset about the miscarriages of justice that occur in Madison County and corruption in the system, and have been motivated to take action. So are they going to clean up the system and support reform? No! Rather, they hope to have a million-dollar advertising campaign to improve the image of attorneys and engage in more market research. (Gail Applebaum, “State Bar may advertise to help lawyers”, St. Louis Post-Dispatch, Nov. 23). In the press account, ISBA official David Anderson disingenuously argues that Madison County isn’t a judicial hellhole because of the number of medical malpractice verdicts—ignoring that the number of med-mal verdicts has nothing to do with Madison County’s deservedly poor reputation.
First Lawful Commerce in Arms Act challenge
Eastern District of New York Judge Jack Weinstein heard the first challenge to the Lawful Commerce in Arms Act Monday. Tom Perrotta of the New York Law Journal reports that Weinstein was dismissive of the constitutional arguments, but possibly open to the plaintiffs’ attempt to expand an exception in the Act into a loophole that would encompass virtually all litigation against gun manufacturers. (NYC Claims Exception in New Federal Law Allows Gun Suit, Nov. 23). See also Nov. 9; Apr. 13, 2004.
“7th Circuit Giveth–Then Taketh Away”
Budget Rent A Car won sanctions for its adversary’s filing of a frivolous appeal, but lost its ability to recover its fees when it submitted what the court, in a Judge Posner opinion, called an “exorbitant” nine-thousand-dollar bill. (David L. Hudson Jr., ABA Journal eReport, Nov. 18). But were the fees really that exorbitant? Point of Law explores why they perhaps might not have been.
Also on Point of Law:
- the Vioxx MDL rules on expert evidence;
- attorneys get $22 million while their ostensible clients get nothing, or worse than nothing;
- a study on the impact of litigation on small business;
- plaintiffs aren’t kidding when they say they’re going to make welding the next asbestos;
- how the multistate tobacco deal penalizes the growing Sun Belt states; and
- a plaintiffs’ lawyer makes an interesting nationwide cardiological diagnosis.
Two securities law blogs
Lyle Roberts’s excellent The 10b-5 Daily now has some competition in the securities-law blog arena from the other side of the aisle. Bruce Carton of Institutional Shareholder Services offers the Securities Litigation Watch and Milberg Weiss attorney Christopher Jones offers the PSLRA Nugget.
Terrell Owens update
An NFL arbitrator has upheld his suspension from the Philadelphia Eagles. The Eagles had not commented much to the press during the controversy, leaving the coverage relatively lopsided. The full opinion is on ESPN.com, and adds much detail showing the decision to be considerably more justified than press coverage had indicated—a worthy reminder the next time your local news gives a three-minute segment over to a plaintiff’s attorney’s unrebutted claim against a corporate defendant. Earlier Owens coverage: Nov. 14 and Jan. 27.
Unclear on the concept
Chris Newman reports: “Opposing counsel has served a request for judicial notice of facts contained in a Wikipedia article. If you understand the operative terms in that sentence, you probably understand why I’ve been chuckling all morning.”
Damned if you do, damned if you don’t files: toy safety
Maryland PIRG complains about the toy industry:
Some toy manufacturers are over-labeling toys by placing choke hazard warnings on items that do not contain small parts. This could dilute the meaning of the warning labels, making them less useful to parents.
One looks forward to the day where a Ralph Nader-founded organization intervenes as amicus in a failure-to-warn lawsuit to make the argument that liability should not be found because holding a manufacturer liable will create incentives to over-label and dilute the meaning of warnings.
Apology for redundant questions
Katie Newmark notes the following apology on her University of Chicago grad-school application:
Due to circumstances beyond our control, some race and ethnicity questions on this application are redundant. Most of this information is used to provide ad hoc reports on applicant diversity to government agencies. We apologize for the incovenience.