“The 9th U.S. Circuit Court of Appeals in San Francisco ruled in favor of the retailer, finding that plaintiff Byron Chapman does not have standing to pursue claims for alleged barriers that he had not personally encountered and where he was not deterred from entering the store.” [Cynthia Lambert, California Civil Justice; Byron Chapman v. Pier 1 Imports (U.S.), Inc. opinion (PDF)]
On the radio
I’ve been appearing on a number of radio shows to comment on the Sonia Sotomayor confirmation hearings. Yesterday I joined Jim Vicevich on WTIC (Hartford) for a preview of the Senate proceedings, and this morning I was a guest on “York Morning News” on WSBA (York, Pa.), the Wills and Snyder show on WTAM (Cleveland), the Morning News with Lana Hughes and J.P. Pritchard on KTRH (Houston), Helen Glover’s show on WHJJ (Providence), and “Morning News and More with Matt Ray and Kelly Sanchez” on KPAY (Chico, Calif.). If you’re interested in having me on your show, contact Hannah Martone at the Manhattan Institute: 212-599-7000.
John Avlon, “Sue City”
Manhattan Institute Senior Fellow John Avlon, in Forbes:
New York City spends more money on lawsuits than the next five largest American cities — Los Angeles, Chicago, Houston, Phoenix and Philadelphia — combined. The city’s $568 million outlay in fiscal year 2008 was more than double what it spent 15 years ago and 20 times what it paid in 1977.
And the odd and extreme cases continue:
A Brooklyn insurance investigator won $2.3 million this year after he tumbled onto the subway tracks with a 0.18 blood-alcohol level and lost his right leg. (“They’re not allowed to hit you just because you’re drunk and on the track,” his lawyer explained.) A corrections officer received $7.25 million after unsuccessfully attempting suicide, on the grounds that the city should not have permitted her to have a gun. (“Ms. Jones could just have easily turned her city-authorized firearm on anyone,” her lawyer said.)
The piece is adapted from a contribution to a City Journal symposium, “New York’s Tomorrow”, and there’s also an associated podcast (cross-posted from Point of Law). More: Eric Turkewitz talks back from a plaintiff’s point of view (“when you account for inflation, there really hasn’t been much change at all” [compared with 15 years ago)] (& welcome Above the Law, WSJ Law Blog readers)
Welcome Instapundit and Above the Law readers
The two giant sites were among the many that linked to our Blawg Review #220, posted Monday.
DEA’s War on Cold Remedies
It’s taking a toll on liberty, per a Janice Rogers Brown dissent [Volokh; Novelty, Inc., v. DEA (PDF)]
Guinness Book of Records mocked, responds with nastygram
And now millions more people are going to learn about the funny screwup on the Book’s website. [TechDirt, FAILblog via Citizen Media Law]
Mom left two girls, 12, in charge of three younger ones at mall
And soon Bridget Kevane, a professor of Latin American and Latino literature at Montana State in Bozeman, found herself fighting a child endangerment rap. [Free Range Kids via Amy Alkon; Judith Warner, NYT]
July 14 roundup
- Is it OK if Boulder County prosecutor Tweets the murder trial while in progress? [Colorado Daily]
- Pierce O’Donnell terms his gigantic Katrina/New Orleans lawsuit a “crapshoot” [Hiltzik, L.A. Times]
- Massachusetts hospital not responsible for third-party injuries from just-released colonoscopy patient’s auto accident [Ronald Miller]
- Controversial “citizen suit” provision was removed from environment bill as one of the compromises to obtain House passage [Global Climate Law Blog and more, earlier] More: Coyote.
- “I was shocked at the number of cases the neurologist, radiologists, and especially the neurosurgeon had against them.” [ER Stories with a first-person lawsuit tale]
- I liked Dole Food better when it was a victim of the litigation system rather than an aggressor [L.A. Business Journal, NLJ, L.A. Times “The Envelope” on company’s suit against Swedish documentary filmmaker; underlying banana-worker pesticide litigation scandal; CJAC]
- Virginia Postrel on kidney donation, altruism, and policy [The Atlantic]
- Grown kids appear in court to exonerate dad who spent nearly 20 years in prison on false charges of abusing them [The Columbian, Wash., via Obscure Store] More: Coyote.
Marc Dreier gets 20 years
For frauds that fleeced investors of somewhere between $400 million and $700 million, depending on whom you listen to. [NYDN] “Prosecutors have also said that Mr. Dreier, 59, a graduate of Yale University and Harvard Law School, stole more than $46 million from his clients. … [In a letter to the judge Dreier] said that he began stealing in 2002, taking money from the settlement proceeds that were owed to a client.” [NYT]
“Saudi family sues genie, alleges harassment”
CNN: “The lawsuit filed in Shariah court accuses the genie of leaving them threatening voicemails, stealing their cell phones and hurling rocks at them when they leave their house at night, said Al-Watan newspaper.” If they think the genie is harassing them now, wait till it gets a lawyer….
P.S. Above the Law: “The article doesn’t mention damages sought, but we hope it’s three wishes.” “Will the genie appear when summoned?” (@susanwake). “Good luck getting service. Is Robin Williams or Barbara Eden the registered agent?” (@JerseyTodd). And more details on the case from Lowering the Bar.