- “Jury Says No to Libel Claim Over Truthful E-Mail” [NLJ, Ardia/Citizen Media Law; high-profile First Circuit Noonan v. Staples case, earlier here and here]
- Transmission of folk music is getting tangled in copyright claims [BoingBoing]
- Scientific shortcut? Veterans Department will presume Parkinson’s, common heart ailment are caused by Agent Orange for GIs who set foot in Vietnam [NY Times]
- Federal hate crimes bill: yes, courts will consider speech and beliefs in assessing penalties [Sullum and more, Bader]
- Texas trial lawyer Mark Lanier’s famed Christmas bash will feature Bon Jovi this year [ABA Journal, background here and here]
- Let’s explain our Constitution to her: U.K. cabinet minister thinks Arnie can close private website because it’s based in California and he’s governor [Lund, Prawfsblawg]
- Ten best Supreme Court decisions, from a libertarian point of view? [Somin, Volokh]
- Cert petition on dismissal of suit against Beretta shows Brady Center still haven’t given up on undemocratic campaign to achieve gun control through liability litigation [Public Nuisance Wire interview with Jeff Dissell, NSSF]
Archive for October, 2009
Class action claim: rebates through debit cards unfair
After all, says the named Alabama plaintiff in a suit against AT&T Wireless, what if I save every penny and don’t want to spend the rebate money the way a debit card would make me do? [Atlanta Journal-Constitution]
L.A. city council: no convenience for you
Paternalism under the palms [Future of Capitalism]:
The Los Angeles City Council, having already established “a moratorium on new openings of fast-food restaurants” within a 32-square-mile area of South Los Angeles, is now preparing a crackdown on convenience stores that “would prohibit such small neighborhood markets from being closer than one-half mile from one another unless they sold fresh fruit and vegetables,” reports the Los Angeles Times. Link via the American Council on Science and Health.
CPSIA and the new regulatory zeal
It looks rather as if the new management at the Consumer Product Safety Commission (CPSC) is trumpeting some of its rigid decisions in enforcing the horrendous 2008 law — its refusal to exempt the use of harmless rhinestones on kids’ clothing, for example — as if they were something to boast about. [Washington Post; Rick Woldenberg]
Birther lawyer fined $20,000
Vexatious political litigation does not sit well with a judge. [ABA Journal, Krauss/PoL]
“…what may well be the most oppressive motion ever presented to a superior court”
According to Paul Secunda at Workplace Prof Blog, a monstrously overgrown employment discrimination dispute recently ruled on by a California appellate court helps explain “why people like Walter Olson rightly believe in some cases that litigation is just plain overlawyered“.
October 14 roundup
- Uh-huh: new report from federal Legal Services program calls for gigantic new allocation of tax money to, well, legal services programs [ABA Journal]
- “Judge: Man’s a ‘vexatious litigator'” [Cincinnati.com]
- Wisconsin governor signs bill requiring prescription to buy mercury thermometer [Popehat]
- “Injured by art?” Woman sues Museum of Fine Arts Houston after fall in artist-designed light tunnel [Mary Flood, Houston Chronicle “Legal Trade”]
- On Carol Browner and the cry of “environmental racism” (a/k/a “green redlining”) [Coyote]
- New York: “Lawyers implicated in $9 million mortgage fraud” [Business Insider]
- In Canada, as in the U.S., medical privacy rules hamper police investigations [Calgary Herald]
- Stalin’s grandson loses lawsuit in Russia against newspaper that supposedly defamed the dictator [WSJ Law Blog, Lowering the Bar, Volokh]
Marc Dreier profiled
By Bryan Burrough, at Vanity Fair:
This wasn’t the case of a man who had everything going bad, Dreier makes clear. What no one understood is that everything Dreier owned — the cars, the mansions, the yacht, the sushi restaurant, even the law firm itself — was made possible by his crimes. This was a man who went bad to have everything.
Our earlier coverage here.
Suit against Wal-Mart: You arrested me just because I left the store with items without paying
“It was obvious from the facts that she did not intend to steal any items from Wal-Mart,” says Denise Macon’s St. Clair County Circuit Court lawsuit, which seeks $150,000 plus punitive damages. Macon left the store with two unpaid items underneath her purse in the shopping cart, and claims this was just forgetfulness, but Wal-Mart called police who charged her with misdemeanor shoplifting. Macon was acquitted after a two-day trial and says she never should have been charged. The Wal-Mart security officer is a co-defendant, presumably to keep the case in state court by defeating complete diversity. (Kelly Holleran, “Shopper who forgot to pay for pajamas sues Wal-Mart over her arrest”, Madison-St. Clair Record, Oct. 7).
“Trial Lawyers Inc.: Health Hazard”
New from the Manhattan Institute’s Trial Lawyers Inc. project, on health care and the Litigation Lobby; a few of its highlights are summarized here, at Point of Law.