The exotic dancers’ lawsuit against Anchorage strip clubs Fantasies on 5th Avenue and Crazy Horse cites the Alaska Wage and Hour Act and seeks class-action status. Key quote: “This isn’t about how much money I make in tips,” said dancer Jennifer Prater. “This is about wage and hour laws.” A 1987 Alaska Supreme Court ruling rejected clubs’ contention that the dancers were independent contractors as opposed to employees. (Megan Holland, Anchorage Daily News, Sept. 6).
Archive for September, 2006
Update: anti-milk suit dismissed
A federal judge in the District of Columbia has dismissed a lawsuit against dairy manufacturers filed by the animal-rights group that calls itself the Physicians Committee for Responsible Medicine (PCRM). The lawsuit claimed that it was legally wrongful for producers not to label dairy products to warn of the risk of lactose intolerance (“District Court Dismisses Anti-Dairy Lawsuit”, USAgNet/Wisconsin Ag Connection, Sept. 5). Ted covered the suit Jun. 21, 2005; see also May 28, 2004. Bill Childs comments on the dismissal (Aug. 23) and also has details of a ruling by the Michigan Supreme Court (over two dissents) that a hair oil manufacturer did not have to warn of the dangers of ingesting its product.
Think different—think litigious
Apple—usually the victim of plaintiffs’ attorneys (e.g., May 23; Feb. 2; Oct. 27; Aug. 9, 2005, etc.)—has decided to glorify one, Mark Lanier, with a three-page puff piece co-advertising Lanier and Mac computers. The story falsely portrays the multi-millionaire as a “David” going up against a Goliath, falsely claims he won two Vioxx cases (one of his “wins” was for fifteen dollars), and falsely claims he received a $250 million “judgment” in a Vioxx case (not so). For more on how Lanier really operates, see today’s Point of Law post and Point of Law’s Vioxx litigation coverage. (h/t W.F.)
BlackBerry “addiction”
Notwithstanding Ted’s debunking post of Aug. 25 (see also Sept. 5), the press continues to take this subject seriously, complete with its supposed legal ramifications. (Jay Akasie, “‘Addiction’ to BlackBerries May Bring on Lawsuits”, New York Sun, Sept. 7). Jonathan Adler leads a discussion at Volokh Conspiracy (Sept. 7).
“If my client hadn’t been blind he wouldn’t have been arrested for dangerous driving”
That proved to be a losing argument for British attorney Timothy Gascoyne, who defended the sightless Omed Aziz from a charge of dangerous driving after Aziz was apprehended operating his Peugeot 405 in a wrong lane approaching oncoming traffic on the ring road in the West Midlands. The winning argument, which prosecuting attorney Peter Love got to make: “A blind man controlling a vehicle is inherently dangerous. A careful and competent driver would not dream of driving in this manner.” Aziz, of Wednesbury, drove for half a mile following the instructions of a friend in the passenger seat (who was also not a lawful driver) on braking and steering. (Nick Britten, “I’m perfectly safe on the roads, says blind driver”, Daily Telegraph, Sept. 5; “Blind man drove car for half-a-mile”, Western Mail, Sept. 5).
“As so often, aggressive IP lawyers trumped smart business strategy”
Virginia Postrel says Marvel Comics did itself no favors recently by taking a tough negotiating stance over The Atlantic’s proposed cover use of one of its images. (Sept. 6). I had no idea anyone was asserting trademark rights over the word superhero. (Corrected Sept. 10 to fix error about how The Atlantic was going to use the image — see comments.)
$2 million 9/11 fee under fire
“Laura Balemian, whose husband Edward J. Mardovich died in the World Trade Center, received one of the largest awards paid out by the September 11th Victim Compensation Fund: $6.7 million. But she in turn paid out what is almost certainly the highest legal fee. While the vast majority of victims were represented before the fund pro bono or for a nominal fee, Balemian paid her lawyer, Thomas J. Troiano, a one-third contingent fee, or over $2 million.” In an affidavit, 9/11 fund special master Kenneth Feinberg calls Troiano’s fee “shocking and unconscionable”, and says that fund guidelines recommend that attorney fees be kept under 5 percent of family recoveries; Troiano, however, says Mrs. Balemian knew what she was getting into and that his efforts produced outstanding results. (Anthony Lin, “Attorney’s $2 Million 9/11 Fee Called ‘Shocking, Unconscionable'”, New York Law Journal, Aug. 29; Alfonso A. Castillo, “9/11 widow battles over attorney’s fee”, Newsday, Sept. 1; MyShingle, Aug. 28).
Update: Story also covered in this American Justice Partnership publication (PDF).
Second British gambling CEO detained
“The chairman of British betting company Sportingbet, Peter Dicks, was detained by American authorities in the early hours of today in what is being seen as a further crackdown on online gambling. The detention of Mr Dicks, 64, comes just two months after David Carruthers, the chief executive of BetOnSports was arrested in Texas on alleged fraud and racketeering charges. Mr Carruthers, who has maintained his innocence, was on his way to the company’s offices in Costa Rica.” (Miles Costello, “Sportingbet boss detained in US”, Times Online (UK), Sept. 7). For our earlier coverage, see my Times Online column on Carruthers’ arrest as well as Jul. 20 and Jul. 27.
Jumps off pier on Ecstasy; dad wants $10M
Myrtle Beach, South Carolina: “Police said Jeffrey Rothman died in March 2001 at age 20 after jumping off Second Avenue Pier, and an autopsy determined that he had taken the drug Ecstasy and died accidentally. His father, David Rothman, charges that the police department did not follow proper procedures, did not treat the case as a possible homicide and showed a general lack of professionalism.” The senior Rothman, who is filing his suit without a lawyer, says it’s not about the money and talks of using the $10 million for charity. (Lisa Fleisher, “Trial date set in lawsuit against MB, police”, Myrtle Beach (S.C.) Sun-News, Aug. 24; comments at Fark).
Do new studies portend litigation rationality on vaccines?
Orac, whose blog has done much to rebut vaccine conspiracy theories published in the mainstream media, expresses hope (via Childs) that a new study showing the likelihood of autism increases with the age of the father will add to the weight of evidence showing that autism is genetic, rather than caused by vaccines.
Of course, Orac is presuming that litigation-driven theories and for-hire-expert testimony have any basis in rationality or science. We have known for nearly twenty years that “sudden acceleration” is much more likely to occur to elderly, new, or very short drivers, and demonstrating conclusively that it is purely a function of pedal misapplication, yet we still see lawsuits (and verdicts!) today alleging that (apparently age-discriminating) magnetic interference with defective cruise control causes accidents (e.g., Aug. 7).