Overlawyered: Chronicling The High Cost Of Our Legal System

Patenting tax avoidance strategies

Notes New York Times columnist Floyd Norris: “Now you may face a patent infringement suit if you use a tax strategy someone else thought of first. …a federal appeals court ruled in 1998 that business methods can be patented, and since then the Patent Office has issued 49 tax-strategy patents, with many more pending.” Paul Caron has more (Oct. 20; Floyd Norris, “Patent law is getting tax crazy”, NYT/IHT, Oct. 19; Slashdot).

P.S. At Slashdot, commenter msobkow writes: “Patience. It’s a matter of time before the remains of SCO patent the use of patent lawsuits as a business model. The hope would be to get into a lawsuit over that patent, creating a potential infinite recursion and thereby an infinite revenue stream out of thin air.”

Filed under:

U.K.: “Force muzzles dogs to protect suspects from bite injuries”

“Police dogs are being muzzled to prevent them from biting criminals. Instead of clamping their jaws around the legs of suspects, the dogs are trained to leap at their targets and disable them with a flying butt. … The policy follows a rise in compensation claims against forces from members of the public, and even serving officers, who have been bitten by police dogs. One force, in Greater Manchester, has paid out £59,000 in five years to 36 bite victims.” (Ben Leapman, Daily Telegraph, Oct. 15).

Filed under: ,

Jack Thompson, officer of the court

When anti-videogame crusader and perennial Overlawyered favorite Jack Thompson (Sept. 26, Oct. 15, etc.) lost his case over “Bully”, he dashed off the following letter to the judge who ruled against him:

Dear Judge Friedman:

Now that you have consigned innumerable children to skull fractures, eye injuries from slingshots, and beatings with baseball bats, without a hearing as to the danger, let me tell you a few things, with all respect for your office and with no respect for the arbitrary way in which you handled this matter. I can handle an adverse ruling by a judge. I’ve had plenty of those in my lifetime, and that’s fine. But the way you conducted yourself today helps explain why a great Dade County Judge, the late Rhea Pincus Grossman, could not abide you. She was not the only one . . . .

Next time you promise a “hearing,” I’ll bring a parent with me whose kid is in the ground because of a kid who trained to kill him or her on a violent video game. Try mocking that person, I dare you.

Full text of the letter here courtesy GamePolitics; via Lat who got it from ACSBlog. And a commenter at ACSBlog writes:

Jack Thompson did his part to inspire me to go to law school. I knew that if people of his mental capacity could succeed in the profession, I certainly could.

More: GamePolitics.com reports that lawyers for the game company are seeking to have Thompson held in contempt of court (further update here; h/t RebeccaFrog).

Filed under: , ,

See someone smoking? Call 911

In Omaha, which recently enacted a restaurant smoking ban, authorities are urging vigilant citizens who notice illicit smoking to call 911 to summon a police response. The local emergency coordinator has objected, saying 911 calls over smoking could overwhelm the system and distract dispatchers from more dire emergencies, but the police department says it is sticking by its advisory. (“Dial 911 To Report Smokers”, KETV, Sept. 28; “911 Director: Smoking Reports Could Overwhelm System”, Sept. 28).

Filed under:

Overtime-suit spam

Unsolicited email arrived a few hours ago from a return address of EmploymentRights@media-uplink.com with the message: “Do You Know Your Rights As An Employee? Are Your Work Rights Being Neglected? Are You being paid for: Overtime? Putting your uniform on or off? Time spent preparing for your shift? Attending safety meetings? Travel time and expenses?” The link, when clicked, led to this page at a domain entitled legalleadshost.com. Overtime and employee-classification suits have emerged as a highly lucrative field of practice for the plaintiff’s bar in recent years. “In December, a California jury awarded $172.3 million to Wal-Mart workers for missed meal breaks.” (Sophia Pearson and Margaret Cronin Fisk, “Wal-Mart Loses Pennsylvania Suit Over Missed Breaks”, Bloomberg, Oct. 12).

Filed under: ,

“Mom tells of daughter’s ‘rape’ scheme”

“After walking past her husband’s silent gaze in a courthouse hallway, the woman testified that she knew of plans by her daughter and her husband to frame [teacher] Danny Cuesta, 30, for rape. She said it was part of a scam to sue the North Babylon School District.” NB, however, that the witness is going through a divorce with her husband, and the prosecutors are alleging that the mother participated in the teacher’s cover-up. (Alfonso A. Castillo, Newsday, Oct. 18; AP/WSYR, Oct. 4).

Filed under: ,

“EU to regulate video blogs?”

A new European Commission proposal would require Web sites and mobile phone services that feature video images to conform to standards set by that body, the Times of London reports. …

Shaun Woodward, the U.K. broadcasting minister, described the draft proposal as catastrophic, saying it could end up forcing someone to get a license to post videos of an amateur rugby team.

(CNet Blogma, Oct. 18). And here’s the Times Online:

Personal websites would have to be licensed as a “television-like service”.

Viviane Reding, the Media Commissioner, argues that the purpose is simply to set minimum standards on areas such as advertising, hate speech and the protection of children.

(Adam Sherwin, “Amateur ‘video bloggers’ under threat from EU broadcast rules”, Times Online, Oct. 17). However, there are some indications that the EU bureaucracy itself intends a less sweeping definition of the law’s application than that: Nate Anderson, ArsTechnica, Oct. 18.

Filed under: ,

Dr. Lawrence M. Poliner v. Presbyterian Hospital update

The ludicrous $366 million award on a conspiracy theory (Aug. 30, 2004; Sep. 2, 2004) was, as we predicted reduced by remittitur to a still ludicrous $22.5 million. (Plaintiff’s attorney’s press release, Sep. 21). Kevin M.D.’s commenters note that the trial bar simultaneously complains that doctors don’t do enough to police themselves and then hold doctors liable for policing other doctors.

Note that the doctors whom the verdict was issued against weren’t even the ones on the peer review committee that suspended Dr. Poliner’s privileges for a few months; they were just the ones who started the peer-review process.

Filed under: , , , , , , ,