Sure, go ahead and bring a concealed tape recorder on your next doctor visit. That’ll be great for the therapeutic relationship, won’t it? (KevinMD, Sept. 23).
9th Circuit: UPS must hire deaf drivers
The package delivery company believes that the safer policy is to hire only hearing drivers to operate its trucks, but the 9th Circuit finds that a violation of the Americans with Disabilities Act:
The ruling puts employers in a “damned if they do and damned if they don’t” situation, said Joe Beachboard, a Los Angeles lawyer who represents employers.
If UPS doesn’t employ deaf workers as drivers, it can be sued under the disability act, he said. But if a deaf UPS driver has a serious accident, the company also could be sued.
(Lisa Girion, “UPS Ban on Deaf Drivers Is Rejected”, Los Angeles Times, Oct. 11). More: WSJ editorial, subscriber-only (“Common Sense-Impaired”, Oct. 19).
Runaway bride wants $500K
Jennifer Wilbanks made worldwide headlines by disappearing, then concocting a bogus abduction story to get out of her engagement to Georgia fiance John Mason; now she wants punitive damages from him for not sharing the proceeds from selling the story, among other offenses. (“‘Runaway Bride’ Sues Ex For $500,000”, AP/CBS, Oct. 10; Lat, Oct. 11)(via Althouse).
Very big breaking news: UK libel laws narrowed
One of the few places where the UK is more litigious than the United States is in its infamously broad libel laws, which put the burden of the proof on the defendant to prove the truth of a statement, resulting in multiple instances of “libel tourism,” which we’ve noted previously: e.g., Aug. 1, Jan. 6, 2004, and, most notably, by Saudi businessmen hoping to preclude investigations into their relationship with terrorists, Oct. 26, 2003. (In contrast, in the United States, the Supreme Court has ruled that, to avoid “chilling effects” on First Amendment speech rights, a public-figure plaintiff must prove an intentional or reckless falsehood.) Britain’s top court sided with the Wall Street Journal Europe and created a legal defense whereby a speaker who “behave[s] fairly and responsibly” in reporting on a matter of public importance will not be liable for defamatory statements. (Aaron O. Patrick, “U.K. Court Backs WSJE in Libel Ruling”, Wall Street Journal, Oct. 11; Lattman). This moves the UK much closer to the US in its libel law.
I am not the first to note that, while academics and courts of all stripes recognize the potential chilling effects of litigation on First Amendment rights, courts have been reluctant to acknowledge the chilling effects of litigation on other rights and economically productive activity.
Election watch: “Lawyer’s $1 million keeps Bell in game”
Texas:
Houston trial lawyer John O’Quinn saved Democrat Chris Bell’s struggling gubernatorial campaign from financial oblivion this week by making a record $1 million donation. …
“There’s something about a million-dollar check that really warms the heart,” said Bell.
O’Quinn has promised to raise another $4 million for Bell’s campaign, and that could make the Democrat more competitive with all his opponents [incumbent Republican Rick Perry, independent Carole Keeton Strayhorn (herself heavily backed by trial lawyers), and independent Kinky Friedman]. …
Bell said O’Quinn is not looking for special favors from state government.
“There’s nothing that state government can do for John, nor is he asking for anything but good government,” Bell said. …
O’Quinn, Williams and Umphrey were part of a legal team that shared in a $3.3 billion legal fee for settling the state’s lawsuit against the tobacco industry.
(R. G. Ratcliffe and Janet Elliott, Houston Chronicle, Oct. 11).
“Abducted by aliens? Call now for compensation”
“A German lawyer hopes to drum up more business by pursuing state compensation claims for people who believe they were abducted by aliens. ‘There’s quite obviously demand for legal advice here,’ Jens Lorek told Reuters by telephone on Thursday. ‘The trouble is, people are afraid of making fools of themselves in court.'” What’s this guy doing practicing in Germany rather than here? (Reuters, Oct. 6).
Google and YouTube
Ingesting a gigantic litigation risk? (Lattman, Oct. 9; Althouse, Oct. 10; discussion at WSJ). More: Jul. 20, Oct. 2.
More: “Dick Parsons, the chairman and chief executive of Time Warner, fired a shot across the bows of Google, saying his group would pursue its copyright complaints against the video sharing site YouTube.com.” (Jane Martinson, “Google faces copyright fight over YouTube”, The Guardian (U.K.), Oct. 13).
NY Times and the Duke lacrosse case, cont’d
Unintended consequences of on-line gambling ban
Not only does the bill effectively destroy useful information markets (Robert W. Hahn and Paul C. Tetlock in the New York Times), but it also creates incentives for new undetectable forms of money laundering (Robert X. Cringley (h/t D.H.)).
October 10 round-up
- David Lat has much more detail on the $46 meal-skipping criminal case; and the St. Petersburg Times reports Ralph Paul was acquitted because his defense attorney misrepresented to the jury the legal standard, and the prosecutor didn’t correct it. [Above the Law; St. Petersburg Times]
- Amber Taylor isn’t impressed with Dahlia Lithwick’s proposal of new rules for Supreme Court clerkships. [Law. com; Prettier Than Napoleon]
- Legalized extortion of banks over Enron scandal. [Point of Law]
- Round-up of links of Sherwin-Williams’s suit against Ohio municipalities that are using contingent-fee plaintiffs’ lawyers against it. [Point of Law]
- Possible settlement in the Million Little Pieces class action. [TortsProf]
- California kennel works can’t sue dog owners for bites. [Bashman]
- Defense prevails in first federal welding trial. See also POL Nov. 21 and Dec. 9. [Products Liability Prof]
- David Bernstein on phony associations in epidemiological research. [Volokh]
- Aleksey Vayner doesn’t just have an impressive video resume, he can send a bogus cease-and-desist letter with the best of them. [IvyGateBlog]