Archive for November, 2010

Guardian advances litigation urban legends

The venerable British newspaper — at least someone there in charge of selecting pictures and captions — seems to have fallen for an old bit of fiction about an insurance customer who supposedly tried to collect on the loss of his cigars via fire, as an example of “odd American lawsuits.” One wonders why papers fall back on hoary email legends when they could have readily found hundreds upon hundreds of genuine examples of odd American lawsuits right here.

Incidentally, the reader who makes it through the underlying opinion piece (by Neil Rose) does eventually learn that the cigar fable is one of a class of stories “most of [which] are apocryphal or didn’t get anywhere, such as the case against the dry cleaners.” This is not really up to snuff as a way of warning readers off the cigar tale, and it’s grossly misleading as a description of the Roy Pearson dry-cleaners pants suit, which Pearson kept going for years at a very real and serious cost to his targets, the Chung family. Much of the point of the Neil Rose article seems to be to assure British readers that the American way of litigation may be safely emulated, since its costs are not really so bad. If that’s the argument, shouldn’t the piece convey a fairer picture of those costs?

November 12 roundup

From comments: Before feeding the hungry…

…better check whether your church is licensed as a commercial LatticePiefood-preparation facility [Density Duck in comments:]

…Our local church had to shut down its Feed-The-Hungry operation (where a bunch of retired housewives cooked simple meals and froze them to give to the local soup kitchen.) The reason is that the church kitchen wasn’t certified as a commercial food-preparation facility, as one of the lawyers in the congregation helpfully pointed out to the lady in charge of the program.

We’ve covered the issue periodically before.

Forthcoming: “The Lawyer-Judge Bias in the American Legal System”

Sounds promising, from Tennessee law professor Benjamin Barton in January (via Glenn Reynolds):

Virtually all American judges are former lawyers, a shared background that results in the lawyer-judge bias. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law.

Unpleasant buzz

Patrick at Popehat is not happy with a class action settlement over consumer non-injury from the Google Buzz service:

Mason and Ram will apply for, and probably get, $2,125,000 of that [$8.5 million] common fund, for all of their hard work representing thousands of people just like me, who weren’t damaged by Google because they ignored Google’s offer to try Google Buzz, a demonstrated failure that’s used by about seven people (not all of whom are class representatives) nationwide. …

If there’s any justice, and there isn’t, the Northern District of California will award Mason and Ram a dollar for every consumer who was injured by Google Buzz. That and five hundred more dollars will cover their airfare home.

“Law Schools Overwhelmingly Hire Liberals as Law Professors”

Pretty much confirming all the other numbers out there. It’s a bit too late for me to work it into Schools for Misrule — the text of which is ready to go to the printer any day now — but it’s not as if there’s much real dispute anyway about the leftward leanings of the contemporary American law lectern. [TaxProf; James Phillips and Douglas Spencer, “Ideological Diversity and Law School Hiring”]