Archive for 2010

Told-you-so dept.: USDOT exonerates Toyota

WSJ (h/t C.W.):

The U.S. Department of Transportation has analyzed dozens of data recorders from Toyota Motor Corp. vehicles involved in accidents blamed on sudden acceleration and found that at the time of the crashes, throttles were wide open and the brakes were not engaged, people familiar with the findings said.

In other words, driver error, except in the one-in-a-million instances when a gas pedal was trapped by a poorly-installed floor mat. Will plaintiffs’ lawyers who have been conspiracy-theorizing about a non-existent electronic defect withdraw their class actions and product-liability suits, much less apologize? How about AP and the news media? Don’t count on it. Earlier from me and from Walter.

July 13 roundup

  • Wal-Mart spending millions to fight $7,000 OSHA fine? Not so paradoxical when you think about it [Coyote]
  • Proliferation of product recalls, as with warnings, can result in consumer fatigue and inattention [WaPo via PoL]
  • Settlement said to be near between casino and gambler who lost $127 million [WSJ, UPI, earlier]
  • “Think Globally, Sue Locally: Out-of-Court Tactics Employed by Plaintiffs, Their Lawyers, and Their Advocates in Transnational Tort Cases” [study, PDF and press release; Jonathan Drimmer for US Chamber, related WSJ]
  • “End of an Era? Another Crunch Berries Case Dismissed” [Lowering the Bar, California Civil Justice, earlier on “froot” cases here, here, etc.]
  • New Jersey: “School legal costs are a killer” [Rayner, Daily Record]
  • ABA Journal profiles Ted Frank;
  • We’re the ones who write the laws around here, not you legislators: Washington Supreme Court strikes down med-mal notice law [SeattlePI.com]

July 12 roundup

  • Kagan to senators: please don’t confuse my views with Mark Tushnet’s or Harold Koh’s [Constitutional Law Prof]
  • Too much like a Star Wars lightsaber? Lucasfilm sends a cease-and-desist to a laser pointer maker [Mystal, AtL]
  • Ottawa, Canada: family files complaint “against trendy wine bar that turned away dinner party because it included 3mo baby” [Drew Halfnight, National Post]
  • “House left Class Action Fairness Act alone in SPILL Act” [Wood/PoL, earlier]
  • Not so indie? Filmmaker doing anti-Dole documentary on Nicaraguan banana workers says he took cash from big plaintiff’s law firm Provost Umphrey [AP/WaPo, WSJLawBlog, Erik Gardner/THREsq., new plaintiffs’ charges against Dole]
  • Will liability ruling result in closure of popular Connecticut recreational area? [Rick Green, Hartford Courant; earlier]
  • Class action lawyer Sean Coffey, running for New York attorney general, has many generous supporters [NYDN, more, WNYC (Sen. Al Franken headlines closed fundraiser at Yale Club)]
  • “Judge Reduces Damages Award by 90% in Boston Music Downloading Trial” [NLJ, earlier on Tenenbaum case]

“Marine recruit sues Corps for making him exercise in the summer”

“A Marine recruit is suing his recruiters and the U.S. Marine Corps after he suffered a heat stroke during what he claims was vigorous physical activity in extreme heat conditions.” [SE Texas Record via (language) Popehat]

P.S. Note readers’ comments on the differences between the “pre-entry” training at issue here and the boot camp that would follow actual enlistment.