Overlawyered: Chronicling The High Cost Of Our Legal System

Archive for February, 2010

High school agrees to halt Chrysler Rams logo use

Lake Mary High School concedes it has no legal grounds on which to resist Chrysler’s request. Contrary to many readers’ suggestions, the automaker did not agree to license the logo’s use on cordial terms. To quote the Orlando Sentinel account:

“As I am sure you can appreciate from your years of work with the board, control of use of a mark by enthusiastic students and parents is quite simply not practical, and I know the school and board would not want to be in the position of censoring student expression associated with the design,” wrote Judith Powell, an attorney for Chrysler.

(& welcome The Truth About Cars readers)

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February 10 roundup

  • Man who shot dogs sues blogger whose critical account of episode allegedly put him in false light [Christopher Comins v. Matthew Frederick VanVoorhis, Florida, Citizen Media Law; Greenfield (free speech attorney Marc Randazza assisting VanVoorhis)]
  • Appeals court revives Pennsylvania couple’s trespass suit against Google over Google Street View pics of their home and pool [Legal Intelligencer, ABA Journal]
  • “Rich Guy Sues to Keep $380/Month Rent on Park Ave.” [Gothamist]
  • “Think Davis-Bacon on steroids” — Obamaites mull SEIU-driven “High Road” policy to push federal contractors into union practices [Daily Caller, Michael Fox via PoL]
  • Federal judge’s 49-page sanctions order blasts Adorno & Yoss, two lawyers and client over bad faith conduct of trade dress suit [Fulton County Daily Report]
  • “Terrorist who killed US medic wants C$10 million from Canadian taxpayers” [CanWest/Canada.com via David Frum]
  • “Massachusetts Woman Sues Real Estate Broker over Second-Hand Smoke in Condo” [Somin, Volokh; case settles]
  • “Our litigation process encourages radical polarization” — part II of Q&A with author Philip Howard [WSJ Law Blog, link to part I]

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Florida school team swipes Chrysler’s “Rams” logo

And lawyering ensues [Sun-Sentinel, Orlando Sentinel]

P.S. Commenter VMS: “Sometimes corporations need to use their marketing brains rather than their legal muscle…. If Walter Chrysler were still around, he would have instructed his lawyers to license the mark to the team at minimal cost.”

Update: High school yields and a Chrysler lawyer explains the company’s rationale for not doing a license.

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$2 million demanded for overly hot chicken sandwich

Late-night fast food at a Virginia gas station McDonald’s proves fateful, if not fatal. [Kevin Couch at new, South Carolina-based Abnormal Use: An Unreasonably Dangerous Product Liability Blog]

P.S.: Jim Dedman of the Gallivan firm writes in email: “Walter, we’re big fans of Overlawyered here at our firm in South Carolina, and I myself have been reading it since I was a law student. We started our blog on the first business day of 2010, partially inspired by having read your site for years. Thanks again, and we look forward to being a part of the blogosphere with you.” Inspiring others to jump in is one of the true psychological rewards of blogging.

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“All Subversive Organizations … Must Register in South Carolina”

If you intend to overthrow the government, you must notify it in advance and pay a $5.00 fee. [Bruce Schneier, Patrick at Popehat]

Correction/P.S.: According to Eugene Volokh, the underlying source (Raw Story) erred in thinking that there’s anything new about this South Carolina law, which has been on the books since 1951, a period when many anti-Communist laws were being enacted. I’ve amended the headline accordingly. Commenters at Volokh.com say a pending bill in the state legislature would repeal the provision, whose enforceability is in any case doubtful under established constitutional law.

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