The District of Columbia has a new way to raise revenue: “When Anderson complained to a supervisor at DPW she was told that she could lease the property from the District and avoid future tickets.”
Archive for April, 2009
New at Point of Law
If you’re not reading my other legal site, Point of Law, here’s some of what you’re missing:
- Taft-Hartley and the secret ballot in union-representation elections, part of a new category on labor law;
- Also, a new category on international law and international human rights law with coverage of such topics as the Harold Koh nomination, other lawprofs joining the Obama administration, the Alien Tort statute, the proposed Spanish prosecution of Bush administration lawyers, and piracy and international law;
- One form of executive pay they don’t care to limit: Senate rejects proposed $50 million ceiling on bounties paid to informants (“relators”) in federal whistleblowing suits;
- Pay-for-play in state drug-recoupment litigation: Pennsylvania, New Mexico furors just the start of much more to come;
- We’ve heard the line, “Want less litigation after the fact? Then support more regulation before the fact.” Here’s one of many reasons to take that with a grain of salt;
- “File case in Texas. Take plaintiff deposition. Dismiss case, and refile in California.” Asbestos litigation has some of the best forum-shopping gamesmanship;
- Plaintiff’s lawyers in California spent more than $4.1 million in that state’s 2007-2008 election cycle;
- Miranda warnings for company counsel?
Woman fined $500 for suing police dog
The judge said Inez Sparks, of the Detroit suburb of Eastpointe, should not have named a police dog as defendant in her dog bite claim against the Warren, Mich. police department and its officers. [WDIV/ClickOnDetroit.com]
More “swoon and fall” church claims
Upholding a $40,000 jury award, the Michigan Court of Appeals has “said a church was liable for the fall of a woman who was ‘slain in the spirit’ during an altar call” (see Jun. 21, 2007) [On Point News] And per the same site, a new Oregon case presents a somewhat different fact pattern: Shin Lim Kim was allegedly acting as a “catcher” at the Portland Onnuri Church in Beaverton, but suffered a fractured spinal vertebra when fellow congregant Hyun Joo Hoon fell on her:
The church was negligent, the complaint says, in not providing multiple catchers; failing to discuss “safe catching strategy” with congregants; selecting Kim — “a small and not particularly strong person” — as a catcher; and failing to instruct congregants on “the correct procedures to fall, so that they would not injure themselves and injure the person assisting and/or catching them.”
More coverage of this genre of suits: June 8, 2008.
Foraging for wild food in the city
Yes, it’s a locavore’s dream, but as you search for nettle, wild radish and miner’s lettuce, you might consider taking a lawyer along [Peter Jamison, SF Weekly]
Urge to scream dept.
Frank Wu in U.S. News & World Report: “Why Law School Is For Everyone”.
April 28 roundup
- Forensics gone wrong: Alabama mom spends nine months in jail after medical examiner misdiagnoses stillbirth as murder [Patrick @ Popehat]
- Bouncer shot outside bar going after owners individually to collect $1.5 million verdict [W.V. Record]
- “Feds Seize Assets of Companies Suspected of Hiring Illegal Aliens” [Reisinger, Corporate Counsel]
- Dealing with compulsive-hoarder tenants who fill apartment up to the ceiling with trash can be legally tricky [San Francisco Weekly]
- NYC has paid more than a half billion dollars over past decade to settle police misconduct suits [NY Post]
- Los Angeles schools taking aim at state laws that make it near impossible to fire teachers [L.A. Daily News via Kaus]
- Another parent put through mistaken-identity child-support hell, this time in Pennsylvania [Harrisburg Patriot-News via Amy Alkon] For a similar case from California, see August 7-8, 2001;
- Disabled man finds vehicle towed, wheels himself in cold to distant lot, catches pneumonia. Liability for tow company and parking lot owner? [John Hochfelder, who also hosts Blawg Review #209 this week on a theme of remembering his father, a veteran of the WWII battle of Iwo Jima]
“Well, in OUR culture, we take a man at his word”
Marc Randazza talks back to the New Guinea tribesman who says he’s suing Jared Diamond and the New Yorker for reporting as fact what he says were merely tall tales he spun about blood feuds on the island (earlier).
“Sailor sues over safety of pirated Maersk Alabama”
AP: “A member of the crew on the U.S.-flagged ship hijacked by African pirates sued the owner and another company Monday, accusing them of knowingly putting sailors in danger.”
Goodyear v. Kirby
19-year-old Sidney Odom happily went along when 20-year-old Travis Kirby and 18-year-old Riley Strickland asked “Who wants to go to the Beacon?”—a bar in Terry, Mississippi. A long night of drinking and driving came to an end at about 3 am when Kirby’s Camaro hit a tree at about 90 mph. As none of the three were wearing seatbelts, all were ejected from the vehicle. Kirby, whose blood-alcohol level was three times the legal limit at 0.25%, died at the scene; the other two were injured.
Since we’re talking about the case, you can guess that the three blamed everyone except the underage drunk drivers: in this case, the car seller, the tire installer, and the tire manufacturer, Goodyear Tires. The car seller settled for about half a million dollars; a Copiah County jury found the other defendants liable for an additional $2.1 million. Goodyear appealed, complaining about various prejudicial statements made by the plaintiffs’ attorneys, such as introducing evidence from other lawsuits about other types of tires, but the Mississippi state appellate court affirmed. (Holbrook Mohr, “Miss. court agrees tire, not alcohol caused crash”, AP/Washington Post, Apr. 22; Goodyear Tire & Rubber Co. v. Kirby (Miss. App. 2009)).