Overlawyered: Chronicling The High Cost Of Our Legal System

Archive for September, 2008

L.A.: Hospitals can’t discharge homeless patients

Thanks to a new city ordinance, they get to provide some of the world’s most expensive free hotel service to patients who are well enough to leave but refuse. (WSJ health blog, Aug. 4).

More: Numerous interesting comments from readers including this from Throckmorton:

This is not just in L.A. but happens all around the country as well. Our area saw this increase with the rise in nursing home suits. Nursing homes are now very reluctant to accept patients who are at risk for decubitus ulcers, etc. This combined with the declining revenue has led to the situation where there are no places that will accept transfers from the hospital. As more and more patients fill the wards awaiting placement, the hospital has no choice but to divert those that need urgent care.

You may not be able to get a nursing home patient out of the hospital, but at least you will not have a problem finding them an attorney.

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Cannon explosion kills youngster, rescue crew blamed

In Thurston County (Olympia), Washington, a cannon explosion during a backyard party fatally injured 8-year-old Devan Vyborny. “Now, more than 14 months later, the boy’s family is taking legal action, but not with anyone having to do with that cannon. Instead, the boy’s parents are blaming rescue crews and 911 dispatchers. … Despite the scathing allegations, the rescue crew’s actions had not been called into question until the claim was filed.” (Ray Lane, “Family of boy hit by shrapnel seeks $47 million”, KOMO, Sept. 23).

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Farther shores of copyright litigation

“45 years ago, Professor George Wilberforce Kakoma composed what became the Ugandan national anthem. Now, he’s suing the Ugandan government for damages, claiming that it’s breached his copyright by using the song for all these years without paying him any royalties”. (The Stumblng Tumblr, Sept. 25; Frank Walusimbi, “Government sued over National Anthem use”, Sunday Monitor, Sept. 21).

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Microblog 2008-09-24

  • Both McC and Palin seem cold-blooded about firing people, might be seen as feature rather than bug [McLaughlin/Baseball Crank] #
  • Legal obstacles to four day work week [Point of Law via @lilyhill] #
  • Yep, that’s Joe: Biden said he’s “done more than any other senator combined” for trial lawyers [Point of Law] #
  • Day of protest against software patents [OUT-LAW via @lawtweets] #
  • Related? “EPO staff strike over patent quality” [OUT-LAW] #
  • What a curious Nigerian scam email, do you think it could be genuine? [Cernovich] #

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Spore DRM

Electronic Arts/Maxis, which makes the new evolution simulation game Spore, gave it more aggressive digital rights management than many users wish it had, so it’s off to court with a lawsuit filed by class action firm KamberEdelson and named plaintiff Melissa Thomas. (Chris Faylor, “Spore DRM Prompts $5M Class Action Lawsuit”, ShackNews, Sept. 24; Courthouse News, Sept. 23).

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Smells like a zoo in here

A Miami area maid is suing her employer, Hampton Inn, in federal court there, claiming she was forced to clean up after hotel guests who defecated and urinated on floors, left feathers strewn about, and emitted allergenic dander. The guests included “Maya the spider monkey, Bob the alligator, Tango the Macaw”, and two lemurs, along with their human handlers. The multispecies group all stayed at the Hampton Inn at Miami Airport hotel for about a week while in town as part of a traveling zoo.

Interesting notes about the case include 1) a filing showing a training manual created by Busch Gardens, which had hired the traveling zoo, sensibly suggesting animal handlers “[b]ook a room near an ice machine when on the road with penguins”; and 2) plaintiff Arlin Valdez-Castillo’s claim to have been kidnapped and driven to a cemetery by two men who pressured her to drop the lawsuit. (Douglas Hanks, “Traveling zoo at hotel made me sick, maid says”, Miami Herald, Sept. 24).

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Cavorter’s remorse, cont’d: topless mermaid suit case

Spot the antecedent of “her” in this lead paragraph from SixShot.com:

A New York judge yesterday (September 22) dismissed a lawsuit filed against Sean ‘Diddy’ Combs and Vibe Magazine over a picture that showed her topless at a party hosted by the Bad Boy mogul.

It reads as if “her” would have to refer to “judge”, but not so: it was hedge fund manager Maria Kristina Dominguez who sued the magazine and music celebrity. The judge threw out her suit, ruling that the “photo was related to newsworthy issues of public interest and Dominguez had no right of privacy while cavorting topless”. More on flasher’s remorse here, etc.

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Inmate’s moldy mattress worth $295,000

Following a jail riot, Reggie Townsend, serving 23 years in a Wisconsin prison, was put in a segregation unit with “wet, moldy and foul-smelling” bedding which the jailer did not change despite his request. “Though he did not suffer any physical harm from the unsanitary bedding, Townsend was deprived of the ‘minimal civilized measure of life’s necessities,’ the jury decided after deliberating six hours,” and awarded him $295K. (The Smoking Gun, Sept. 19; AP/Milwaukee Journal-Sentinel, Sept. 23).

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Microblog 2008-09-23

  • @carney John Carney on short selling “I want a personal uptick rule. No one can be mean to me unless it’s preceded by good news about me.” #
  • Megan McArdle on the run on money market funds, thanks @petewarden Atlantic #
  • George Will implicitly endorsing Obama? Sure looks like it WaPo #
  • Kevin LaCroix keeps a tally of credit crisis investor lawsuits D&O Diary thanks @lilyhill #
  • Moose causes 9-car pileup right here in the NYC suburbs, Sarah come help White Plains Journal-News #
  • Politicshome USA is pretty neat election site even aside from their flattering the heck outta me Overlawyered #

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