Overlawyered: Chronicling The High Cost Of Our Legal System

Archive for 2006

More on Nelson Rocks Preserve disclaimer

The amusing and well-written rock-climbing disclaimer we linked to yesterday had already been the subject of some attention around the web. Attorney David Canton used it as the model for a disclaimer about doing business on the Internet that was in turn picked up on Slashdot (May 6).

Unfortunately, the Nelson Rocks Preserve itself, which includes some of the most challenging terrain in the Eastern United States, has mostly closed itself to rock climbing by the public following a number of injuries and rescue emergencies. A few days ago (Sept. 9) Tom at AllClimbing.com passed along a rumor that the preserve might reopen next year. (Update Nov. 2010: Legal Blog Watch).

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Caesarean sections: ooooops…

A whole field of malpractice litigation has been based on contentions that babies could have been spared injury if doctors used Caesarean sections more often, and doctors, in part responding to the incentives sent by the legal system, now order the procedure at high rates even when it is not clearly indicated. But what if C-sections themselves turn out to be much more dangerous to babies than we had realized? (Nigel Hawkes, “Babies ‘are more likely to die’ after an elective Caesarean”, The Times (U.K.), Sept. 7)(via the returned MedPundit).

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Lawsuit claim: legal right to more publicity

Some time ago, celebrity boutique and paparazzi-magnet Kitson had a legal dispute with Us Weekly magazine over payment for a book party the store threw for an Us editor. It was settled for a small chunk of change and a standard non-disparagement clause over the lawsuit. Us Weekly had the last laugh, however; it stopped covering the store in its magazine, to the point of cropping out the Kitson logo when publishing photos of celebrities shopping there. Or it thought it had the last laugh, because Kitson is now suing Us Weekly claiming a legal right to the publicity the magazine is withholding and alleging $10,000/week in damages from the loss of publicity. The Jossip blog has the complaint and somewhat more detail than the mainstream press account. (Andrew Blankstein, “Celebrity Boutique Sues Us Weekly, Saying Lack of Coverage Is Hurting Business”, LA Times, Sep. 12) (via Romenesko).

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The war over “W”

The wildly popular oval “W” stickers sported nationwide by supporters of President Bush’s 2004 re-election bid are at the center of a federal copyright case in Texarkana. This week, a judge set a Nov. 7 trial date.

Jerry Gossett of Wichita Falls claims the stickers are based on his idea, which he copyrighted in 2001. He accuses the Republican National Committee and campaign material maker Spalding Group of stealing his concept after he pitched it to them.”

A plaintiff’s expert has estimated damages at $100 million, defense attorneys said….

Texarkana, where Bill Clinton appointee David Folsom presides as the federal judge, has a reputation as a plaintiff-friendly venue, but Altman [Gossett attorney William Altman of Wichita Falls] said he simply sought a speedy docket.

(Mark Babineck, “Designer of a Bush logo seeks a ‘W’ in courtroom”, Houston Chronicle, Sept. 9).

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