CBS writes to say that “60 Minutes” will air a major segment on the Duke lacrosse case this coming Sunday. According to the show description, “The other dancer in the Duke lacrosse rape case refutes a key part of the accuser’s story in an interview with 60 Minutes correspondent Ed Bradley. He also spoke with the three players accused in the rape.” More here. Our earlier coverage: Oct. 11, Aug. 30, etc. Further: Durham Wonderland, which has exhaustively chronicled developments in the case, has a must-read summary (Oct. 16).
Archive for October, 2006
Online gambling ban
Yale Political Union debate
Last night I was honored to be the guest of the Yale Political Union (in which I was active during my own undergraduate days) to keynote the evening’s debate on “Resolved: Government should restrict the right to sue”. I got the whole guest treatment, including dinner at Mory’s beforehand with the leadership of the YPU, culminating in an impromptu a cappella performance by the fabulous Spizzwinks. After the debate, many of us retired to Yorkside Pizza to discuss politics and philosophy well into the night, including members of (inter alia) the Independent and Tory parties, the Party of the Right, and the newly forming Party of the Left. Among those present: the organizers of the Largest Facebook Group Ever.
And the debate itself? After my remarks, there were four spirited student speeches, two in the affirmative and two in the negative, following which I made a few further comments. The resolution “Resolved: Government should restrict the right to sue” then passed by a vote of 27 in favor, 10 opposed, and 7 abstentions.
Incidentally, the Yale Political Union, which bills itself as “the largest undergraduate organization at Yale, and the only group of its kind in the country”, is reaching out to alumni and other well-wishers as it plans to commemorate its approaching 75th anniversary. To support the Union, help with the planning of a contemplated anniversary reunion event or events, or get more involved generally, contact Andrew Olson (no relation) at this link.
New malpractice-suit tactic: wearing a wire
Sure, go ahead and bring a concealed tape recorder on your next doctor visit. That’ll be great for the therapeutic relationship, won’t it? (KevinMD, Sept. 23).
9th Circuit: UPS must hire deaf drivers
The package delivery company believes that the safer policy is to hire only hearing drivers to operate its trucks, but the 9th Circuit finds that a violation of the Americans with Disabilities Act:
The ruling puts employers in a “damned if they do and damned if they don’t” situation, said Joe Beachboard, a Los Angeles lawyer who represents employers.
If UPS doesn’t employ deaf workers as drivers, it can be sued under the disability act, he said. But if a deaf UPS driver has a serious accident, the company also could be sued.
(Lisa Girion, “UPS Ban on Deaf Drivers Is Rejected”, Los Angeles Times, Oct. 11). More: WSJ editorial, subscriber-only (“Common Sense-Impaired”, Oct. 19).
Runaway bride wants $500K
Jennifer Wilbanks made worldwide headlines by disappearing, then concocting a bogus abduction story to get out of her engagement to Georgia fiance John Mason; now she wants punitive damages from him for not sharing the proceeds from selling the story, among other offenses. (“‘Runaway Bride’ Sues Ex For $500,000”, AP/CBS, Oct. 10; Lat, Oct. 11)(via Althouse).
Very big breaking news: UK libel laws narrowed
One of the few places where the UK is more litigious than the United States is in its infamously broad libel laws, which put the burden of the proof on the defendant to prove the truth of a statement, resulting in multiple instances of “libel tourism,” which we’ve noted previously: e.g., Aug. 1, Jan. 6, 2004, and, most notably, by Saudi businessmen hoping to preclude investigations into their relationship with terrorists, Oct. 26, 2003. (In contrast, in the United States, the Supreme Court has ruled that, to avoid “chilling effects” on First Amendment speech rights, a public-figure plaintiff must prove an intentional or reckless falsehood.) Britain’s top court sided with the Wall Street Journal Europe and created a legal defense whereby a speaker who “behave[s] fairly and responsibly” in reporting on a matter of public importance will not be liable for defamatory statements. (Aaron O. Patrick, “U.K. Court Backs WSJE in Libel Ruling”, Wall Street Journal, Oct. 11; Lattman). This moves the UK much closer to the US in its libel law.
I am not the first to note that, while academics and courts of all stripes recognize the potential chilling effects of litigation on First Amendment rights, courts have been reluctant to acknowledge the chilling effects of litigation on other rights and economically productive activity.
Election watch: “Lawyer’s $1 million keeps Bell in game”
Texas:
Houston trial lawyer John O’Quinn saved Democrat Chris Bell’s struggling gubernatorial campaign from financial oblivion this week by making a record $1 million donation. …
“There’s something about a million-dollar check that really warms the heart,” said Bell.
O’Quinn has promised to raise another $4 million for Bell’s campaign, and that could make the Democrat more competitive with all his opponents [incumbent Republican Rick Perry, independent Carole Keeton Strayhorn (herself heavily backed by trial lawyers), and independent Kinky Friedman]. …
Bell said O’Quinn is not looking for special favors from state government.
“There’s nothing that state government can do for John, nor is he asking for anything but good government,” Bell said. …
O’Quinn, Williams and Umphrey were part of a legal team that shared in a $3.3 billion legal fee for settling the state’s lawsuit against the tobacco industry.
(R. G. Ratcliffe and Janet Elliott, Houston Chronicle, Oct. 11).
“Abducted by aliens? Call now for compensation”
“A German lawyer hopes to drum up more business by pursuing state compensation claims for people who believe they were abducted by aliens. ‘There’s quite obviously demand for legal advice here,’ Jens Lorek told Reuters by telephone on Thursday. ‘The trouble is, people are afraid of making fools of themselves in court.'” What’s this guy doing practicing in Germany rather than here? (Reuters, Oct. 6).
Google and YouTube
Ingesting a gigantic litigation risk? (Lattman, Oct. 9; Althouse, Oct. 10; discussion at WSJ). More: Jul. 20, Oct. 2.
More: “Dick Parsons, the chairman and chief executive of Time Warner, fired a shot across the bows of Google, saying his group would pursue its copyright complaints against the video sharing site YouTube.com.” (Jane Martinson, “Google faces copyright fight over YouTube”, The Guardian (U.K.), Oct. 13).