Overlawyered: Chronicling The High Cost Of Our Legal System

Archive for 2006

Defamation suits for the deceased

Truly bad ideas from legal academia, part 2038 of a series: GWU lawprof Jonathan Turley wants to get rid of the common-law rule that you can’t sue someone for injuring the reputation of a dead person. (“Give the Dead Their Due”, Washington Post, Sept. 17). At Volokh Conspiracy, commenter elChato writes,

I for one look forward to the descendants of the original Hatfields and McCoys settling in court who was responsible for starting and perpetuating their long-ago feud. The OK Corral battle can live again. Any descendants of Boss Tweed should be able to sue bookwriters who claim he stole $200 million (where’s the proof?), Huey Long’s descendants should be able to sue anyone who said he engaged in bribery and corruption (he was never convicted- where’s the proof?), and on and on and on.

Yes indeed, a great use for the time and energies of the court system which is otherwise sitting idle because there simply are not enough disputes among the living to keep judges busy.

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Deaf sue to force closed-captioning of Redskin football

“The National Association of the Deaf has filed a lawsuit against the Washington Redskins to get team officials to offer closed-captioning for the deaf and hearing-impaired at FedEx Field.” The lawsuit cites the Americans with Disabilities Act. (Hamil R. Harris, “Hearing-Impaired Fans Sue for Access to Closed-Captioning”, Washington Post, Sept. 20). Related: Feb. 19 and Aug. 1, 2000 (movie theaters); Mar. 9-11, 2001 (comedy club, sign interpreters)

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British hot coffee: Bogle v. McDonald’s

If you can stand one more post about the McDonald’s coffee case, this 2002 opinion in the High Court of Justice, Queens Bench Division, is extraordinarily sensible. Most notably, coffee served at 65 C (a mere 150 degrees Fahrenheit), will cause a full-thickness burn in 2 seconds, so the court rejected the claim that McDonald’s could have avoided injury by serving not-so-hot coffee, refuting the claims regularly made by the plaintiffs’ bar that a few degrees’ difference could have avoided injury. (Bogle v. McDonald’s Restaurants Ltd., Neutral Citation [2002] EWHC 490 (QB), Case No: HQ0005713.)

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No trackbacks

Following a long period in which we battled trackback spam, the entire trackback function just seemed to stop functioning a while back. Since it has been some months now since any legitimate trackback has registered, I’ve turned the whole function off rather than potentially mislead newcomers about its availability. Technorati remains the most convenient way of seeing whether we’ve been linked lately on other sites.

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“Death after two-hour ER wait ruled homicide”

In Waukegan, Ill., 49-year-old Beatrice Vance died of a heart attack after waiting two hours in a hospital waiting room. A coroner’s jury has declared her death a homicide. (Lake County News-Sun, AP, Chicago Tribune). Medical blogs are discussing: GruntDoc, MedPundit, KevinMD. Plus a discussion at Prof. Bainbridge’s. (cross-posted from Point of Law).

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Thumbs down on Va. marriage amendment

As in earlier rounds (May 31 and Nov. 2, 2004, etc.), some proponents are advancing the view that despite its sweeping and ambiguous language, the amendment wouldn’t really endanger any existing legal rights of unmarried persons in Virginia. The Roanoke Times editorially rejects that view: “The legal views conflict sharply. This can mean just one thing: years of litigation under every facet of law that touches upon human interactions. In the antagonistic court arena, the relationships of families and friends will be ripped apart. … Voters should reject this unfair amendment, which has the potential for so many unintended consequences.” (“The anti-family amendment” (editorial), Roanoke Times, Sept. 19). See also Mar. 20, 2005 (sequence of events in Michigan).

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Chant and wave placards? Not without insurance you don’t

In Valparaiso, Indiana, Martha Seroczynski stages weekly protests at the county courthouse against the war in Iraq. The Porter County Board of Commissioners has asked her to show proof of homeowner’s insurance and name the county as an additional insured. It’s a county policy of some years’ standing; “Valparaiso Elks Club member Jeanie Stevens said her organization was required to show proof of insurance for its Flag Day ceremony on June 14 at the square.” Ms. Seroczynski’s insurer, however, has raised objections, and that’s aside from the question of why having insurance should be a prerequisite for the right to protest in the first place. County attorney Gwenn Rinkenberger has attempted to resolve the problem by asking Ms. S to sign a waiver promising not to sue the county if injured, but she refuses. “Her right to protest does not relieve us of our responsibility to protect the liability of the other 140,000 citizens of this county,” County Commissioner John Evans has said. (“War protester asked for insurance proof to continue protests”, AP/Fort Wayne (Ind.) News-Sentinel, Aug. 27; Robyn Monaghan, “Protester furor fuels free speech debate”, Northwest Indiana Times, Sept. 6).

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