A concocted “multiple personalities” tale wrecked many lives by launching a thousand bogus recovered memories of abuse, not a few of which made it to court. Debbie Nathan (“Satan’s Silence”) has a new book out, “Sybil Exposed,” telling the story. [Laura Miller, Salon (link fixed now)]
Archive for November, 2011
Great moments in pharmaceutical litigation
“To recap – plaintiff alleged that she got a rash from a placebo and she attempted to prove her claim with testimony from her artist-husband and a mold-specialist who hadn’t read her medical records or the clinical study at issue.” A Connecticut court was not persuaded and dismissed the action. [Michelle Yeary, Drug and Device Law]
November 4 roundup
- “Kentucky antidiscrimination law doesn’t bar discrimination based on litigiousness” [Volokh]
- “Lawyer sues to stop fireworks show; now wants $756K in fees from taxpayers” [CJAC, San Diego]
- Leahy bill reauthorizing VAWA (Violence Against Women Act) includes language codifying OCR assault on campus due process [Bader, Daily Caller, Inside Higher Ed, FIRE, earlier here, here]
- “One-Ninth the Freedom Kids Used To Have” [Free-Range Kids] “WARNING: Baby in pram! Anything could happen!” [same]
- New Zealand considers criminalizing breaches of fiduciary duty [Prof. Bainbridge]
- From libertarian Steve Chapman, a favorable rating for Rahm Emanuel as Chicago mayor [Chicago Tribune]
- Did California privacy legislation just regulate bloggers? [Eric Goldman, Paul Alan Levy]
“There’s No Drug War Exception to the Constitution”
Florida lawmakers have purported to impose strict liability on defendants for some drug crimes, but the mens rea (guilty mind) prerequisite is no mere option as a matter of constitutional principle. [Ilya Shapiro, Cato at Liberty] (& welcome Above the Law readers)
By reader acclaim: Divorced man sues wedding photographer
“Although the marriage did not last, plaintiff’s fury over the quality of the photos and video continued on.” The photographer defendant thinks the demand for $48,000 to re-stage the wedding is a bit much, especially given that the former bride has thought to have returned to her native Latvia. [New York Times; Above the Law (groom’s father is partner in big law firm)]
Don’t
Don’t call in a false drunk driving report on opposing counsel in a family law dispute [California via Mike Frisch/Legal Profession Blog]
“Owner sued in car thief’s crash”
“Two passengers riding in a stolen car that was involved in a wreck sue the car’s 91-year-old owner” The driver of the wreck was a man defendant George Hinnenkamp had sometimes hired to do odd jobs; the passengers claim he had extended permission for the man to take the car that night, but a district attorney who successfully prosecuted the case says that isn’t so, noting that Hinnenkamp had reported the car stolen well before the accident. [Eugene, Oregon, Register-Guard]
“Day before ‘Loser Pays’ launches, Beaumont lawyers file 59 lawsuits”
I’m on record as noting that the Texas bill labeled as “loser pays” doesn’t do nearly as much to revamp litigation incentives as its name implies, but if lawyers rushed to beat the deadlines on its provisions, they must be expecting it to make at least some difference. [Chamber-affiliated Southeast Texas Record]
More: Texas attorney Brooks Schuelke offers a different explanation for the last-minute rush.
Food law roundup
- “Wisconsin Judge Rules No Right to Own a Cow or Drink Its Milk” [Food Freedom; related on demonstration at FDA]
- We’re from the authorities, and we’re shutting down your “farm-to-fork” dinner [Amy Alkon]
- “FTC Makes Strategic Concessions on Food/Beverage Marketing Guidelines” [Lammi, WLF]
- Given a little humility, NYT’s Mark Bittman might have noticed that his new junk food insight contradicts his old [Jacob Sullum, Reason]
- Urban myths about Halloween candy tampering [Free-Range Kids]
- New Jersey lawsuit over serving of meat to devout Hindu vegetarians [Abnormal Use; compare 1999 case]
- “First lady will achieve goal of eradicating all food deserts by 2017” — calm down, that’s “deserts” with just the one “s” [Obama Foodorama, more, more] Premise that lack of access to fresh fruits/vegetables accounts for poor urban diet, however, is sheerest fantasy [Katherine Mangu-Ward/WaPo, earlier here and here]
A copyright troll’s downfall
“US Marshals turned loose to collect $63,720.80 from Righthaven” [Nate Anderson, ArsTechnica]