Massive payroll-slashing means more advisory work coping with the many legal pitfalls of layoffs, including the WARN Act, which is giving rise to a mounting docket of litigation; the law requires 60-day advance notice of many planned layoffs of 50 or more employees. The law has an exception for “unforeseeable business circumstances”, but “courts have not historically counted major economic downturns under that exception, attorneys say.” (Of course. What could be more foreseeable than sudden sharp economic downturns? That’s why it’s so easy to make money playing stocks!) Littler Mendelson expects October to be the busiest month in its history, and other management-side firms report big jumps in business as well (cross-posted at Point of Law).
Liable for permitting customer to push overfilled shopping cart
San Francisco zoo tiger mauling victims sue
The long-expected suit was filed in federal rather than state court, and one attorney speculates that the reason was to get more suburbanites on the jury panel, on the theory that they will be less hostile to the plaintiffs than San Francisco residents. Federal theory? Well, “Kulbir Dhaliwal contends his federal civil rights were violated because he was deprived the use of his BMW M3, the car the three took to the zoo.”
The suit also accuses Sam Singer, a well-known crisis management spokesman whose firm was retained by the zoo after the attack, of libel and slander.
The Dhaliwals contend Singer and city officials engaged in a smear campaign to suggest the young men were disreputable and had taunted the tiger before the escape.
“There’s no merit to the lawsuit whatsoever,” Singer said. “More importantly, I’d like to remind people that [plaintiff’s lawyer Mark] Geragos was the one who said his client, Michael Jackson, was a perfectly normal human being and Scott Peterson was an innocent man. I leave it up to the judgment of the public as to how accurate he is on any of his claims.”
Watch out getting into a fight with a crisis management specialist, they have sharp tongues. (John Coté, “Tiger attack victims file suit in federal court”, San Francisco Chronicle, Nov. 13; more Chronicle coverage; earlier).
National Journal: Most accurate political forecasters
I’m not in the business of political forecasts, and I don’t think I’ve ever made any claims for my skill in that department. Even so, I’m pleased to report that I was among the winners in National Journal’s “prediction poll of top political bloggers” for the 2008 elections. Mine were the most accurate predictions among participating bloggers in the “right” category; the winners for “left” and “center” respectively were Chris Bowers of OpenLeft and Joe Gandelman of The Moderate Voice. Earlier coverage here.
Ethnic street food in Toronto?
Had one too many to drink?
Lawyer-directory firm Avvo has an iPhone app by the name of “Last Call” that
allows you to calculate your blood-alcohol level to determine if it’s safe for you to drive after drinking. If not, use Last Call to call a cab. Last Call also provides a list of top local DUI lawyers on Avvo to call for help if you need it.
(h/t Denise Howell). More from Scott Greenfield:
I wonder whether some developer at Avvo field tested the concept at the local bar and grill, numerous times, before declaring it a winner? There are many areas where this app could fail, from inputting error (hey, you’re drunk, right?) to claims of encouraging drunk driving by the false sense of security of knowing that a list of DUI attorneys are only a click away. This is a far cry from “just say no.”
On the other hand, when the cop grabs your iPhone at the time of arrest and sees that you’ve used the application, input information that showed you to be intoxicated and drove anyway, even the best DUI attorney will have his hands full explaining that away. …
If you read the marketing language with care, however, you find this: “Last Call is provided for entertainment purposes only.”
It’s always amusing as well to contrast the marketing with the legal disclaimers, as it would be wrong to expect the app to serve the purpose for which it’s sold. No detrimental reliance here.
Medical malpractice in Saudi Arabia
Peanut allergies
Lively discussion of the policy aspects by commenters at Volokh (Nov. 11).
The Navy wins…
…in the sonar-marine mammal litigation before the Supreme Court, which we’ve covered a lot over the years. (Althouse, WSJ law blog).
Plus, the ultimate in post titles for the case: “Habeas Porpoise“.
“Narcissists with Big Egos Lead Many Law Firms, Consultant Says”
The things you learn about by reading the ABA Journal.