Waterbury, Ct.: “A driver who’s serving a manslaughter sentence for striking and killing a 14-year-old boy is suing the victim’s parents, blaming them for their son’s death because they allowed him to ride his bike in the street without a helmet.” The hand-penned countersuit comes in response to the parents’ suit; it’s unlikely to help the inmate’s case that prosecutors say he was driving 83 in a 45 mph zone, a claim he denies, or that he had a history of drunk driving convictions. [Hartford Courant]
Archive for 2010
Schools for Misrule galleys are here
I’m delighted to announce that bound galleys of my forthcoming book on legal academia, Schools for Misrule, arrived last week from Encounter Books. Both Encounter and the Cato Institute have a limited number of these available for potential reviewers or others who may write about the book and its themes. (Or inquire about an advance PDF copy if you’re in this position.) And I’m further delighted to report that some blush-makingly favorable blurbs have already come in from well-known public figures and opinion makers who’ve had an advance look at the contents. I’ll share some of them in the weeks ahead.
Even before getting a copy of the book, law-blogger extraordinaire and leading corporate law scholar Prof. Stephen Bainbridge of UCLA did a wonderful post (thanks!) in which he called Overlawyered “one of the great voices in tort reform” and added, “I’ve preordered a copy from Amazon and am really looking forward to reading what I am sure will be an important critique of my chosen profession.” You can pre-order too.
“Whoppers with sleaze”
In today’s Washington Times: my take on the growing aggressiveness of “public health” officialdom in pushing scare campaigns about everyday consumption risks, including Mayor Bloomberg’s controversial new campaigns against sweetened drinks and (even more misleadingly) salty foods, as well as the FDA’s proposal to put corpse photos on cigarette packs. It begins:
The Puritans held that reminders of mortality had an edifying effect on the living, which is why they sometimes would illustrate even literature for young children with drawings of death’s-heads and skeletons. Something of the same spirit seems to animate our ever-advancing movement for mandatory public health. The Food and Drug Administration has just floated the idea of requiring cigarette packs to carry rotating pictures that would include corpses – yes, actual corpses – as well as close-ups of grotesque medical disorders that can afflict smokers.
New York City Mayor Michael R. Bloomberg’s superactivist Health Department has begun public ad campaigns about the health risks of everyday foods, including a controversial YouTube video portraying soda drinkers as pouring globs of shimmery yellow fat into their open mouths and – just out – an ad showing an innocent-looking can of chicken-with-rice soup as bursting with dangerous salt. Whether or not you live in New York, you’re likely to be seeing more of this sort of thing because the mayor’s crew tends to set the pace for activist public-health efforts nationwide; the Obama administration, for example, picked Bloomberg lieutenant Thomas R. Frieden to head the influential Centers for Disease Control and Prevention.
Why should government use our own tax dollars to propagandize and hector us about the risks of salted snacks, chocolate milk or the other temptations of today’s supermarket aisle? The Bloomberg-Obama camp seems to feel that government dietary advice is superior to other sources of information we might draw on because (1) it’s more objective, independent and pure of motive and (2) it can draw on better science.
Whole thing here, and more on Bloomberg’s anti-soup crusade at the New York Post, Reason, and ACSH. More: My Food My Choice.
“In San Rafael, ‘exploding’ escargot ignite saucy lawsuit”
The little-known dangers of snails as a menu item: it seems the interior can be under pressure and squirt hot garlic butter. [Marin County, Calif. Independent Journal]
More: Legal Blog Watch (citing “no less robust a source than Overlawyered”); Cal Biz Lit (with proposed “Danger: Snails May Explode” warning)
NY Times on litigation finance
Yes, it’s an informative piece, and yes, it does explore some of the drawbacks and abuses, particularly for clients whose lawsuits are being financed by banks, hedge funds or other investors. But the Times (with its reporting partner, the Center for Public Integrity) also buys in to what David Oliver correctly identifies as a big, central fallacy when it claims that the influx of money into plaintiff’s cases “is helping to ensure that cases are decided by merit rather than resources.” So when an outside investor makes it possible for, say, a patent troll to launch mass royalty demands on behalf of marginal patents, or a mass tort firm to roll out scientifically dubious toxic-injury claims, or an Indian tribe to assert 200-year-old land claims against nearby farmers for casino-seeking leverage, it means that cases are now suddenly being resolved on a basis that more closely tracks the merits? Check your premises, please. More: Dan Fisher/Forbes and Ted Frank/PoL, and earlier on Counsel Financial.
P.S. Good round table at New York Times “Room for Debate”, check out in particular the Paul Rubin and Richard Epstein contributions; Kenneth Anderson/Volokh (“insurable interest”).
Deficit-reduction panel
Among its other proposals, it’s calling for medical malpractice reform to “pay lawyers less and reduce defensive medicine.” [Reuters]
November 15 roundup
- Simon Singh on need to reform UK libel law [BoingBoing]
- Complaint: Scalia’s too darned principled on religious liberty [rebutted by Ponnuru at NRO]
- Air Force sued after teenage rave in abandoned bunker turns bad [PoL]
- Scathing Kleinfeld dissent in Ninth Circuit Alien Tort case [Volokh, Fisher, Recorder]
- “Law Firm Accused of Requiring Heels, Then Discriminating When Injury Occurred” [ABA Journal]
- Parent’s angry letter to Kansas City school board complaining that teacher laid hands on son; best part are the demands [Something Awful forums]
- Australia: “Iconic Merry-Go-Round Is Deemed an Insurance Liability” [Free-Range Kids]
- “Meatpacker to pay $3m for using strength test” [five years ago on Overlawyered]
Objecting to the Classmates.com class action settlement
Today is the last day for class members to object in the Classmates.com class action settlement —$117 thousand for the class, $1.05 million for the attorneys. For more details on how to file, see my post at the Center for Class Action Fairness (which is not affiliated with Overlawyered).
Injury lawyers get pitched to advertise on funeral homes site
Because ambulances are not the end of it. [Turkewitz]
“Mount Washington Hotel to businesses: Stop using mountain’s name”
“A state lawmaker tells WMWV-FM that the Mount Washington Hotel and Resort has told other businesses with ‘Mount Washington’ in their name to stop using it or face a legal challenge.” The hotel says it has challenged only three lodging businesses and does not intend to go after other local businesses named after the mountain. [AP, WMUR, Boston Globe]
P.S. Commenter Mannie: “It gets better. The IOC routinely harasses businesses on Washington’s Olympic Peninsula for using the name ‘Olympic.'”