- Would single-payer fix malpractice woes? Not likely given trial bar political clout [KevinMD] #
- Prosecuting candidates for crowd-inciting campaign speeches? Now there’s a truly bad idea [Point of Law] #
- Her busy docket: “For people like Oprah, lawsuits are a part of life” [Roeper, Chicago Sun-Times] #
- Nebraska hospital sues patient for refusing to leave [Happy Hospitalist; related earlier] #
- Community covenant craziness: “Dad’s in prison because we can’t afford to sod the lawn” [St. Petersburg Times] #
Archive for 2008
Update: B.C. tribunal dismisses Mark Steyn case
The provincial government of British Columbia will not punish the magazine Maclean’s for running an article exposing Islam to asperity (coverage at Steyn’s site). Jay Currie, via Steyn at NRO “Corner”:
…the way I read this decision is that it imposes a two part test a) are your words offensive and hurtful? b) are you a major media organization with deep pockets represented by serious lawyers. If “a” and not “b” you are a hate monger; if “a” and “b” you are engaged in political debate.
Commenter “Binks” at FreeMarkSteyn:
The ordinary Joe or Jane Canuck is no safer today than last year when this all started. The Human Rights Commissions have probably learned only two things: the internet bites back when bloggers get rolling on an issue; and don’t chew on famous and well-connected targets.
Update: wrestlers’ class action against WWE
When guestblogging at this site not long ago, Daniel Schwartz of the Connecticut Employment Law Blog contributed a highly popular post about the class-action lawsuit filed by three professional wrestlers (“Raven”, “Chris Kanyon”, and “‘Above Average’ Mike Sanders”), a lawsuit based on the theory that the three had been improperly categorized as independent contractors while in reality standing in the position of employees to Connecticut-based World Wrestling Entertainment, Inc. Now he’s posted a couple of substantial updates at his blog (Oct. 4, Oct. 8) introducing the litigants, attorneys and judge, describing how the suit can be expected to unfold, and explaining why its outcome might turn out to be important for those other than wrestlers and their fans.
Signaling the client during cross-examination? Me?
Lawyer Robert Bundy, representing a key witness at the Ted Stevens trial, is said to be all “torn up” about the judge’s accusation that he was transmitting secret nods and movements to convey to his client what testimony was desirable. Eric Turkewitz says that in his experience coaching during testimony takes three forms: “speaking objections”, nods and head movements (which may be unconscious), and deliberate signaling. (Oct. 7; AP/Google).
Rin Tin Tin lawsuit “is not about money”
Prof. Obbie (LawBeat) wonders (Oct. 7) whether an NPR interviewer could have been bolder in challenging the owner of Rin Tin Tin Inc. when she asserted that her trademark lawsuit against a Hollywood studio was not about the you-know-whats.
Legal protection for dignity of plants
That whole “sober, sensible Switzerland” concept may need to be rethought. (Gautam Naik, “Switzerland’s Green Power Revolution: Ethicists Ponder Plants’ Rights”, Wall Street Journal, Oct. 10).
Bullied by Dozier, ISPs took down customer’s sites
Waving threats of “contributory trademark infringement” and the like, Virginia lawyer and emerging Overlawyered favorite John Dozier has gotten more than one hosting intermediary to yank the Dozier-critical websites of opponent Ronald Riley. (Paul Alan Levy, Consumer Law & Policy, Oct. 3). “Unfortunately, when faced with a legal threat, many hosting sites will sacrifice your freedom of speech and send you looking for a new home on the Internet.” (David Ardia, Citizen Media Law Project, Oct. 9)(earlier). More: Ryan Gile, Las Vegas Trademark Attorney (via Ron Coleman).
Artist detained at border over sketch of SUV
From J-Walk Blog:
Keene Valley resident Jerilea Zempel was detained at the U.S. border this summer because she had a drawing of a sport-utility vehicle in her sketchbook.
U.S. Customs and Border Protection officers told Zempel they suspected her of copyright infringement.She was released after more than an hour in custody at the Houlton, Maine, port of entry from New Brunswick, Canada.
Her release came only after she persuaded border guards she was an artist doing a project that involved a crocheted SUV as a statement against America’s dependence on oil and love for big vehicles.
(Lohr McKinstry, “Keene artist had hard time getting back into US”, Plattsburgh (N.Y.) Press-Republican, Oct. 4).
Microblog 2008-10-09
- Housing collapse: when are you safer, at the top of the cliff or after falling off? [Calculated Risk] #
- New American Spectator piece quotes Ted and me on demonization of deregulation [Point of Law] #
- Ted is eeeevil … so sez Daily Kos-ite on finding his name among signers of Palin trooper amicus [Celtic Diva’s Blue Oasis] More: Aviva Cuyler, JD Supra. #
- Tried snipping the depressing bits out of the paper but all that was left was half the gardening column and a recipe #
- It’s my counterparty and I’ll cry if I want to [Naked Capitalism]
Bounteous bankruptcies: Lehman Brothers
Fueled by Weil Gotshal & Manges partner rates in the $950/hour vicinity, “fees for lawyers, accountants and financial advisers in the Lehman case may reach $906 million, according to [bankruptcy lawprof] Lynn LoPucki”. (Bloomberg, Oct. 9). Elie Mystal at Above the Law notes a recent fee survey and concludes that “Lehman is getting the most expensive bankruptcy money can buy”.
Actually, bankruptcy professionals might earn even a very rich keep if they provided a quick and decisive way to allocate losses from the failure, move Lehman assets to their most productive uses and bring relative certainty to all parties. The prospect instead of slow, chancy, and hard-fought wrangling is one major reason why the administratively assisted “speed bankruptcy” model of financial institution reorganization, seen in the Washington Mutual case, has been winning praise from knowledgeable observers (e.g. Alex Tabarrok). If speed bankruptcy seems well suited to the crisis, one reason is that conventional, protracted, lawyer-run bankruptcy seems so ill-suited. More: Roger Parloff, Fortune “Legal Pad”, American Lawyer.