- Doc self-injects with Botox, wins $15 million on failure-to-warn claim [Legal Blog Watch]
- Kindergarten teacher Tonya Craft acquitted in widely watched abuse-allegation case [Sullum and more, Greenfield, Popehat, A Public Defender, Lynch]
- Naughty Toyota, it defends itself when attacked [Fumento, Ted at PoL]
- Washington Post profiles economist/perennial blogroll favorite Tyler Cowen (Marginal Revolution) with guest appearance by fashion business mentor/outspoken CPSIA critic Kathleen Fasanella;
- Business groups oppose nomination to federal judgeship of Rhode Island trial lawyer/political kingmaker Jack McConnell [ShopFloor]
- “CEI’s FTC Complaint Against GM: A Response to Walter Olson” [Fred Smith/Open Market, earlier]
- Bad: New York’s highest court limits assumption of risk defense [NYLJ, Mura, Rapp]
- Why we can’t represent you in your suit demanding removal of your microchip brain implant [Popehat]
Filed under: assumption of risk, child abuse, failure to warn, New York, Rhode Island, Toyota
4 Comments
CEI,
That Walter fella, are we agin him or fer him?
The day-care trials of the 1980’s and 90’s are well understood and well known travesties of justice. It is difficult for me to imagine a prosecution of Ms. Craft without some research into the suggestion to children in the literature, and the crazy testimony of supposed experts.
I believe the problem stems from changing the goal of the prosecutor. The defense attorney is to get an aquital, or the best deal for his client. That is in the design of the system. The prosecutor is to establish the truth.
Then the prosecutor’s duty was changed to advocate for the victims of crime, and to rid the community of predators. The problem is that evidence is degraded. Everybody knows that black women in the United States have been subject to sexual derogation by powerful white men, so the Duke boys had to be guilty even though they were somewhere else at the time of an alleged rape. Mr. Nifong was castigated for his behavior, which behavior was atrocious, but he was no worse than Mario Cuomo in the Twana Brawley case.
Unfortunately we are at the mercy of witch hunters and anti-intellectual safety gurus.
So if schools are now liable for students sliding down railings and getting hurt can the school take the preemptive step of swaddling their charges in layers of foam padding and tape mittens on the hands so the little troublemakers have no ability to pick up anything smaller than a softball?
So, if I am playing in traffic and am hit by a vehicle, I (or my heirs) can sue?