A federal judge has declined to dismiss a lawsuit by an Illinois woman who “is suing her Wisconsin parents for maintaining an icy driveway that she blames for a fall that broke her ankle two winters ago…. Carriel Louah, 25, visited Darlington, Wis., to surprise her mother on her birthday in January 2005. But the next morning, she was injured when she slipped and fell on her parents’ driveway. …The daughter said that a letter from her mom apologizing months after the fall proves that her parents knew they had a defective gutter for years and did nothing about it.” (“Judge OKs Trial After Daughter’s Surprise Visit Home Ends In Lawsuit”, Channel3000.com, Jul. 13).
Archive for 2006
Exploding-townhouse suicide: gas co. blamed
Among the first legal actions filed in the wake of the spectacular Manhattan suicide of Dr. Nicholas Bartha is one by neighbors naming energy provider Con Ed (as well as Bartha himself) as a defendant. It alleges that Con Ed failed to install “safety devices” which would presumably have prevented Bartha from deliberately opening a flow of gas to his Upper East Side house for purposes of blowing it up. (AP/MyWay, Jul. 16).
Diet-book author sues Coke over promotion
A St. Louis weight-loss instructor is suing the Coca-Cola Co. over its product loyalty campaign, claiming the program might encourage kids to drink so much of the sugary soft drink that they could die.
The campaign, “My Coke Rewards” gives customers points for buying Coca-Cola products. …
Coca-Cola spokesman Scott Williamson said [Julia] Havey is “horribly misinformed” about the rewards program and the lawsuit is simply an attempt to drum up attention for weight-loss books she writes.
(Christopher Leonard, “Missouri woman sues Coca-Cola”, AP/Springfield, Mo., News-Leader, Jul. 14). Update Aug. 3: she drops suit.
ABA Journal promotes thimerosal quacks
RIAA [might be] told to pay attorney fees
The recording industry association sued Debbie Foster of Oklahoma along with her daughter Amanda for $5000, saying her broadband account had been used for song downloading. But when Foster resisted the suit, and requested to know the dates and song titles of the allegedly infringing downloads, the association failed to respond. Foster filed for summary judgment and RIAA withdrew its suit against her. A judge said Foster counted as a prevailing party under the terms of the Copyright Act and that RIAA should could apply for RIAA to pay her attorney’s fees. (Eric Bangeman, Ars Tecnica, Jul. 13). See, e.g., Nov. 4, 2005, Feb. 7, 2005. (Fixed Jul. 16 to respond to reader comment noting that the judge did not in fact order a fee shift but only declared Foster eligible to apply for one. A PDF of the ruling is here)
$4 million custody fight over dog
In Manhattan, “Alexis Carroll, 26, is suing her former roommate, Michelle Clarity, also 26,” seeking the return of a West Highland terrier that both women had considered their pet when they shared an apartment in Tribeca. She also wants $4 million. (Janon Fisher, “Pals’ $4 M fight over puppy love”, New York Post, Jul. 2)(via KipEsquire).
ATLA name change official
The Association of Trial Lawyers of America is going to attempt to hide the fact that its interests are solely those that enrich trial lawyers, and change its name to the Orwellian “American Association for Justice,” with truth and the American way apparently not making the cut, and “jackpots” too obvious. Al Kamen and Lisa Rickard snicker in the Washington Post. (“Just Don’t Call Them the Suers”, Jul. 14).
Junk faxes? Make ’em your college fund
We’ve posted repeatedly about the federal junk-fax law, which authorizes lawsuits for $500 apiece for inadvertent participation in unsolicited sending of faxes (and $1500 apiece for knowing violations); lawyers have learned to roll together class actions so as to generate million-dollar class actions against unsophisticated local businesses who weren’t aware of the law’s application to them (Oct. 22, 1999; see also Dec. 15, 2004; Mar. 19, 2004, Jul. 19, 2003, etc.). Now the Internet and Class Action Law Blog, published by a Naperville, Ill. class-action attorney, takes note of the phenomenon — not merely as an annoyance, but as a business opportunity. “Damages in these cases can be very large. If a blast fax has 50,000 recipients, damages could total $25,000,000! Why not turn all those junk faxes into a college fund for your kids?” (Jun. 30).
Demand: let my service dog onto your nude beach
Mark DelCore, 39, says in his federal lawsuit that he has a medical need to sunbathe at the Fire Island nude beach because of a skin condition. The beach rules allow for seeing-eye dogs, but DelCore’s is an “emotional support” dog (see May 14, etc.) who assists with post-traumatic stress he says he’s suffered since the 9/11 attacks. One big problem: it’s feared a greater dog presence at water’s edge would interfere with the doings of the piping plover, an endangered shorebird whose protection has already been cited as reason to suppress many human activities on Long Island beaches. (The Smoking Gun, Jul. 13). More: Ann Althouse, who has covered service-dog accommodation controversies in the past, is on this one too. Update: Jul. 22 (DelCore thinking of dropping suit).
Baltimore Examiner (& publicity roundup)
Lawsuits filed against the city of Baltimore demand hundreds of millions of dollars, but the city pays out only a minute fraction of that sum — one of many reasons being that “the city caps awards for lawsuits at $200,000, save for intentional bad acts by city employees.” An editorial in the Baltimore Examiner quotes me on the subject (“Slow lawsuits; charge losers fees”, Jul. 13). For more on New York City’s tort predicament, see Jun. 15.
Last month Overlawyered.com was named “Web Site of the Day” by the Bulletin Board at the St. Paul Pioneer Press, one of the Twin Cities’ two big papers (Jun. 2). The British publication The Lawyer cited our coverage of Bill Lerach’s Enron fees (Jun. 5). And New York-based journalist Robert A. George (the “good” Robert George) calls this website “great”, though he erroneously thinks me a lawyer (Jun. 5).
I’ve also been quoted on same-sex marriage issues in a variety of venues, including by Lou Chibbaro Jr. in the Washington Blade (“Amendment bars states from marrying gay couples: experts”, Apr. 20); Jonathan Rauch at MarriageDebate.com (May 6); Andy Humm, “Gay Marriage Ruling Highlights a Changing Court”, Gotham Gazette, Jul. 10); and the Robert A. George post above. For more of my views on that subject, see Jun. 2, etc.