“A negligence claim against the Marriott Marquis by a New Year’s Eve reveler who was injured in an automobile accident after being evicted from the Times Square hotel has been dismissed by a federal judge in Albany. … [After being told to leave the hotel, Jeffrey Dagen] retrieved his pickup truck and headed for his home in the Albany area. Three hours later, after driving about 90 miles north on the Taconic Parkway without stopping to rest or seek lodging, Dagen decided to exit for gas. As he did so, his truck skidded off the exit ramp and hit a tree. He sued the hotel for $750,000, claiming it was responsible for his injuries, which included a shattered leg and damage to his chest. In his complaint, Dagen alleged that he had told hotel officials that he had nowhere to go, was too tired to drive home and had been drinking.” A state trooper’s report indicated that Dagen had been speeding on the Taconic and had tried to exit too fast given wet road conditions. (Daniel Wise, “Eviction From Hotel Found Not Cause of New Year’s Accident”, New York Law Journal, Apr. 22).
“Require that employees get permission first before using their BlackBerrys after work hours”
Otherwise, the employer may just be setting itself up for wage-hour suits based on the premise that the after-hours use constitutes uncompensated overtime, says Mitch Danzig, “an attorney in the San Diego office of Boston-based Mintz, Levin, Cohn, Ferris, Glovsky and Popeo. Danzig advises his clients to give BlackBerrys only to employees who are exempt from overtime laws. ‘Plaintiffs’ firms are trolling for this,’ he said. ‘Now what you’re seeing on [plaintiffs’] firms’ Web sites are, “Have you been assigned a BlackBerry or a phone? If so, give us a call.”‘” (Ashby Jones, WSJ law blog, Apr. 22; Tresa Baldas, NLJ, Apr. 28). More: Jeffrey Hirsch, Workplace Prof Blog.
New at Point of Law
Carter Wood has been doing great things lately with the National Association of Manufacturers’ Shop Floor blog, which often treats legal reform topics. Since Monday he’s also been posting up a storm guestblogging at Point of Law. Topics include: ATLA/AAJ’s juvenile pre-nose-thumbing at the U.S. Chamber of Commerce’s 2008 Lawsuit Climate Report (which, like similar studies from ATRA and Pacific Research Institute, tries to pick best and worst state legal environments); the employment-litigation-expanding Lilly Ledbetter Fair Pay Act (more); some thoughts on journalistic shield laws; and sundry reports from the Geoffrey Fieger trial, Florida politics, and Texas Supreme Court-watching.
“Why we won’t be getting VW’s Lane Assist”
The automotive innovation (“gently guides the car back in lane if it senses it drifting”) has promising enough safety implications that German insurance companies offer premium discounts of up to 20 percent when it is purchased as part of a package with adaptive cruise control and park assist. No prizes for guessing why Volkswagen isn’t offering it to U.S. buyers of the Passat. “What other cool stuff have auto manufacturers dreamed up, but left on the drawing board because they fear our sharks in expensive suits?” (Edward Loh, Motor Trend, Apr. 17).
Update: judge quashes Seidel subpoena
[Bumped on breaking news: A federal court in New Hampshire has quashed the subpoena and ordered attorney Clifford Shoemaker to show cause why he should not be subjected to sanctions. Also: Orac. Earlier Monday post follows:]
Autism blogger Kathleen Seidel reports that the online free speech project at Public Citizen has agreed to provide her with legal assistance in responding to vaccine lawyer Clifford Shoemaker’s subpoena (see earlier coverage here, here, and here). One way to read this is as a fairly devastating commentary on just how weak Shoemaker’s position is, since there is ordinarily no more potent public presence on behalf of the plaintiff’s side in pharmaceutical litigation than Public Citizen. Seidel also has discovered that as a Shoemaker target she is in distinguished company:
I learned that on March 26, 2008 — the same afternoon that I was greeted at my doorstep with a demand for access to virtually the entire documentary record of my intellectual and financial life over the past four years — Dr. Marie McCormick, Sumner and Esther Feldberg Professor of Maternal and Child Health at the Harvard School of Public Health, and Professor of Pediatrics at Harvard Medical School, was subjected to a similar experience at her Massachusetts home.
From 2001 to 2004, Dr. McCormick chaired the Immunization Safety Review Committee of the Institute of Medicine (IOM), charged with analyzing and reporting on data regarding the safety of vaccination practices. …As a result of her voluntary work on the committee, Dr. McCormick has found herself a frequent target of suspicion by plaintiffs, their attorneys and advocates, and opponents of vaccines, who disagree with its conclusions, and whose legal and political positions are not supported by its reports.
McCormick’s lawyers are likewise seeking to quash the subpoena. Much more here (& Beck & Herrmann, Orac, Pharmalot).
“Earth To Be Made Child-Safe”
An oldie-but-goodie from The Onion.
Redirects: thanks to volunteer Andrew Grossman
This may be inside baseball for those who lack interest in blog mechanics, but since it is excellent news for Overlawyered and its readers, we’ll boast about it: volunteer Andrew Grossman has stepped forward to accomplish for us something we’d been dearly hoping to accomplish, namely installing redirects that will get several years’ worth of older (2003-2008) posts to display in current URL format. The underlying problem is that we’ve been through three iterations of Movable Type and each had a different way of creating the URL format for a post:
https://www.overlawyered.com/archives/001600.html (first method)
https://www.overlawyered.com/2004/11/rr_didnt_warn_not_to_walk_on_t.html (same post, second method)
https://www.overlawyered.com/2004/11/rr-didnt-warn-not-to-walk-on-t.html (same post, current method — note use of hyphens instead of underscores)
Simply discontinuing the old versions would cause thousands of old links, both incoming and internal, to break. But the continued existence of the old versions led to several kinds of problems: they could no longer be formatted properly, so they looked ugly if not unreadable; moreover, users of Google and other search engines would encounter two (or, more recently, three) textually identical versions of the same post, which was confusing at best. Hence the need for redirects.
Aside from his having done us this service, another reason to commend Andrew Grossman to your attention is his day job as Senior Legal Policy Analyst, Center for Legal and Judicial Studies at the Heritage Foundation. His writing interests there include “federal criminal law and the problem of ‘overcriminalization’ — the practice of turning minor civil offenses into serious criminal acts,” and other topics equally well matched with ours here, including the likely boon to litigation from Congress’s CPSC expansion, the ill-conceived ADA Restoration Act under consideration on the Hill, and Judge Posner’s summary approach to dubious expert witness testimony. We hope he’ll be guest blogging in this space before long.
Derby pie
Not only can you not sell the Kentucky dessert unless you are Kern’s Kitchen, Inc., but you’d better not offer any “Bluegrass Bourbon Pie” and get all winky-winky with your customers about it, either. Wikipedia discusses the litigation history. (Charlie Pearl, “Still playing the pie game”, Frankfort State-Journal, Apr. 17)(via Catallaxy.net).
Bleg: attorneys admitted to the Southern District of New York
I’m objecting to a class action settlement in the Southern District of New York (stay tuned for lurid details), and my attorney needs a member of the federal bar of the Southern District of New York in good standing to sponsor him for a pro hac vice motion. Please e-mail me.
“Queens mom sues bakeries for failing to garnish wages for child support”
“A Queens mom is so determined to get child support from her ex-husband that she filed a rare lawsuit against two of the world’s best-known bakeries for more than $8 million – alleging they failed to garnish his pay.” Chandra Myers says that Sara Lee Bakeries and Bimbo Bakeries USA, the subsidiary of a Mexican company that distributes such brands as Entenmann’s and Thomas’s English Muffins, “defied orders to garnish a total of $36,000 from Robert Sean Myers’ wages from 2001 to 2004.” According to New York City records, Bimbo handed Ms. Myers $18,382 in 2003; the company says it finds her ongoing claim to be without merit, while Sara Lee “declined to comment on claims it owes $11,000 in back child support.” (Nancie L. Katz, New York Daily News, Apr. 21).