September 30 roundup

  • CBS declares victory as court dismisses Dan Rather suit [LA Times, Beldar, earlier]
  • Gordon Crovitz on new Harvey Silverglate book Three Felonies a Day [WSJ]
  • Controversy continues on Long Island over D.A.’s refusal to prosecute Hofstra false-rape complainant [Greenfield, earlier]
  • Latest publicity stunt by animal-rights group is to sue KFC demanding labeling of chicken as cancer-causing under California’s Proposition 65 [San Francisco Chronicle; more on soi-disant Physicians Committee for Responsible Medicine]
  • “Hertz Sues Firm That Said It Might Go Bankrupt” [Business Insider, Corporate Counsel]
  • “What would Orwell make of a nation in which mothers are investigated for looking after each other’s children?” [Jackie Kemp, Guardian via Skenazy; earlier]
  • Power behind the throne? “New Cohen Milstein Practice Group to Help State AGs Sue & Litigate” [ABA Journal]
  • London restaurant stops asking customers to sign disclaimers if they want to order hamburgers rare or medium-rare [five years ago on Overlawyered]

Yogurt marketing class action settles

Russell Jackson on Dannon’s proposed deal to resolve class action lawsuits (see Jan. 24, 2008) over its promotion of its Activia and DanActive lines as beneficial to health:

The proposed settlement also contains “equitable relief” in the form of restrictions on advertising and labeling. Reading these so-called restrictions, I am struck by the fact that the statements challenged in these lawsuits clearly were not false. Indeed, if I were still teaching my Product Liability course, I would ask my students to study this settlement and tell me whom they trust the most to issue restrictions on speech based on the results of scientific research: lawyers (as here), judges, juries, or scientists employed by regulatory bodies.

Lawyers want $10 million plus expenses, while Dannon’s outlays will depend in part on how many consumers file claims (via Calif. Civil Justice).

P.S. Should have caught this before: Ted discussed this case yesterday at his Center for Class Action Fairness blog.

Florida: “Former deputy sues over drinking disability”

Sarasota: “A former deputy, fired because of his problems with alcohol, is suing the Sarasota sheriff because he claims the office discriminated against him because of his alcoholism disability.” The former deputy says he doesn’t remember the sexual harassment incident at an Applebee’s that preceded his termination, but that could have been because of his “propensity to blackout.” [WTSP] [& welcome readers from Reason “Hit and Run”, where Damon Root generously credits a certain “great” site]

Indiana grandmother prosecuted for buying cold medicine

Sally Harpold was cuffed and arrested for buying two packages of cold medicine within a week in violation of Indiana law, though no one contends she or anyone she knew intended to cook them down into methamphetamine [Terre Haute Tribune-Star] Harpold’s story has been racing around blogs well known to our readers: Radley Balko/Reason “Hit and Run”, Ken at Popehat, Amy Alkon (with bonus kind words for @walterolson), Legal Blog Watch, BoingBoing. The Vermillion County, Indiana prosecutor is offering no apologies.

P.S. A Popehat commenter finds new reason to doubt those reassurances on CPSIA enforcement along the lines of “don’t be silly, they’d never go after grandmothers over rummage sales or homemade crafts“.

Financial woes at AAJ?

According to the Washington Times, a decline in membership dues and the collapse of a real estate deal are causing difficulties for the American Association for Justice, the trial lawyers’ lobby. [typo fixed now, h/t John H.] (& welcome Above the Law, ABA Journal, WSJ OneSpot readers).

P.S. Lawrence Powell at RiskProf finds irony in the courtroom loss that followed the group’s real estate foulup: “AAJ was unable to collect [from its lender, Wachovia] the $120 million it sought in the lawsuit.” It’s always that way, the cobbler’s children going barefoot.