Nat Hentoff explains how its revival would imperil free speech on the air (Hillsdale Imprimis, January). See Jan. 18, etc.
Archive for February, 2006
“Waco crash verdict stuns bus industry”
The verdict that Ted reported on Dec. 1 is stirring unease through the bus industry. Lawyers convinced a Texas jury that a tour bus was defectively designed because it did not come equipped with seat belts and laminated side window glass, even though neither are common in American tour bus design or mandated by the federal National Highway Traffic Safety Administration. (Steve McGonigle, Dallas Morning News, Feb. 12). For more on the laminated glass issue, see May 16, 2005 and links from there.
Duller times in Australian outback
“The Outback’s Bachelor and Spinster Balls, one of Australia’s most cherished traditions and notorious for binge drinking, casual sex and dust, are at risk of dying out. …the growing culture of litigiousness ensures that insurance premiums are now so high that many balls have been forced to cancel. … ‘Insurance is killing a lot of events in the bush, including B and S balls and rodeos,’ said Barry McMahon, who runs a national Bachelor and Spinster website and has been to dozens of balls.” (Nick Squires, “Outback’s notorious B and S Balls bite the dust”, Daily Telegraph (U.K.), Feb. 11).
Coursing of hares
California busybodies have found a new target at which to aim prohibitive legislation, says Dave Zincavage (Feb. 11).
Maquiladoras caused birth defects? $17M later, maybe not
In 1991 portions of Texas’s Rio Grande Valley saw an upsurge in babies born with neural-tube defects. Litigation resulted:
Residents and lawyers had blamed pollution, and General Motors and other U.S.-owned factories paid $17 million without admitting wrongdoing to settle a lawsuit accusing their border factories of poisoning the air.
The claimed linkage of cause and effect between the factory pollution and the birth defects was, to say the least, much controverted at the time, and is looking even less impressive in hindsight:
no chemical links to the disease were ever proven, and Texas health officials began suspecting fumonisin, a toxin in corn mold. Experts had noted a high concentration in the corn harvest just before the outbreak. Some Texas horses died from brain disease caused by the toxin.
Now, a study in the February issue of the journal Environmental Health Perspectives adds impetus to the corn-mold theory:
The study found that pregnant women who ate 300 to 400 tortillas a month during the first trimester had more than twice the risk of giving birth to babies with the defects than did women who ate fewer than 100 tortillas.
Blood samples indicated that the higher the level of fumonisin, the greater the risk of neural tube defects.
Tortillas are an inexpensive dietary staple along the Texas-Mexico border, and studies suggest that the average young Mexican-American woman along the border eats 110 a month.
(“Study: Bad corn caused birth defects”, AP/Seattle Post-Intelligencer, Feb. 8). See also Dallas Morning News, Mar. 4, 2001; AP, Jan. 2001; Nicole Foy, “Border birth defects are tied to poverty”, San Antonio Express-News, Apr. 9, 2004.
Among its other implications, the episode may suggest the safety gains to be had in the shift from a pre-modern food regime based on local farm and home production to the sort of industrially based food regime more familiar to most Americans. Even aside from the issue of folic acid fortification, a big-city tortilla factory run by a large company would probably have had a better likelihood of screening out moldy batches of corn.
Deep pocket files: Ernst v. Chen’s Restaurant
66-year-old Daniel Ernst was paralyzed from the chest down when drunk-driving Timothy Beauregard hit him with his Oldsmobile while making a left turn. “Beauregard admitted to a criminal charge of drunken driving, seriously bodily injury resulting, the next year and received a 10-year suspended sentence with probation from Superior Court Judge Edwin J. Gale.” Beauregard wasn’t visibly drunk when Chen’s Restaurant served him a mai tai and a beer, but a jury found the restaurant 25% responsible for the accident, which puts Chen’s entirely on the $15.2 million damages hook under Rhode Island law, a detail the press account omits. (This assumes, of course, that one who drinks mai tais in Chen’s Restaurant in Westerly, Rhode Island, is not capable of paying a 75% share of a $15.2 million judgment.) (Katie Mulvaney, “Veteran hit by drunken driver nets $15.2 million”, Providence Journal, Feb. 14). Rhode Islanders Against Lawsuit Abuse will be seeking to reform the state’s joint and several liability laws this legislative session.
“Save auto industry jobs by reforming legal system”
That’s the call of today’s Detroit News editorial. “If the goal is to protect consumers, as tort lawyers claim, wouldn’t it be better to seek tougher federal standards rather than sue the people who research, invent and bring to market the products that consumers want? The obvious answer is yes, but that would eliminate a source of continuing revenue for plaintiff’s lawyers.”
Calgary Muslims may sue over cartoons
“The head of Calgary’s Muslim community is considering a civil lawsuit against two local publishers for reprinting controversial Danish cartoons of the Prophet Muhammad — images that have sparked deadly riots overseas. “Syed Soharwardy, president of the Islamic Supreme Council of Canada, said he would consult lawyers to see whether it was possible to sue the Jewish Free Press and conservative Western Standard, which have published the cartoons; the general-circulation Calgary Herald has not. More: Feb. 10, etc. (Emma Poole, Calgary Herald/National Post, Feb. 13).
United Farm Workers’ libel-suit threats
The United Farm Workers, the agricultural labor union that rose to prominence under the leadership of the late Cesar Chavez with the support of countless Sixties idealists, has recently been the subject of unflattering coverage in the Los Angeles Times, Bakersfield Californian and L.A. Weekly, among other places. Now journalist Marc Cooper, who wrote the L.A. Weekly piece, says the union has sent him a demand that he retract or correct his piece on pain of being sued. Cooper says the L.A. Times and Bakersfield papers have received similar threats. “Even some lonely bloggers who have recently written about the UFW have been contacted by the union or its hired PR agents and directly warned not to continue criticizing it.” (Marc Cooper, “Gag Me With a Grape”, L.A. Weekly, Feb. 8; Cooper blog entry and comments, Feb. 8) (via Romenesko). The UFW’s side of the underlying controversies is here.
Update: Dallas Observer doesn’t owe $1 billion
We reported on the story in September 2004:
“Joe Doe”, the HIV+ plaintiff in a Texas state lawsuit, is a member of the choral group “Positive Voices”—which has produced a CD with his photo and his real name. Nevertheless, when the alternative weekly Dallas Observer also identified “Doe” as HIV+ in passing in a larger December 4 story about a gay congregation titled “Fallen Angel,” “Doe” sued. The suit doesn’t allege that the Observer got its facts wrong, but argues that the story violates a Texas law prohibiting the disclosure of “medical test results,” with a fine of up to $10,000 for each disclosure. Since the Observer has circulation of 110,000, “Doe” figures he’s entitled to over a billion dollars.
Positive Voices is a group that advertises itself as consisting of HIV+ members. A Texas state court of appeals reversed the decision of the trial court not to grant summary judgment, and entered judgment for the defendants. (John Council, “Texas Appeals Court Sides With Newspaper in $1 Billion Suit Over HIV Disclosure”, Texas Lawyer, Feb. 13; New Times Inc., et al. v. John Doe., No. 05-05-00705-CV (Tex. App. Jan. 24, 2006)).
The decision was limited to the facts of the case, however, and the state statute remains overbroad, and could easily be construed by future courts to apply to the media. Or even personal-dating websites: a strict interpretation of the statute, HSC § 81.103, would create a cause of action for a plaintiff who posts “I have tested negative for HIV” on a website that screens essays against that website. And the statute is conceivably even broader, given its definition of “test result”:
“Test result” means any statement that indicates
that an identifiable individual has or has not been tested for AIDS
or HIV infection, antibodies to HIV, or infection with any other
probable causative agent of AIDS, including a statement or
assertion that the individual is positive, negative, at risk, or
has or does not have a certain level of antigen or antibody.