“In a decision that could have ripple effects across Long Island’s East End summer playground, a Suffolk Supreme Court justice hearing a swimming pool accident case has ruled that a sharehouse owner may be held to the same liability standards as the owner of a hotel, motel or inn.” After Flavio Fornaro injured himself diving, his lawyers argued that the owner of the house in Quogue should have mounted decals on the swimming pool to indicate relative depths, a step that might be standard for a hotel or motel pool but which is not expected of homeowners. A judge ruled that the claim could go to trial. “The decision could create a whole host of new and previously unanticipated duties for both rental property owners and others who have pay-to-attend events at their homes.” One Riverhead attorney wondered whether the hiring of lifeguards might be required, and a realtor called the decision “quite disturbing”, with its implication that prudent private owners might need to mimic the safety precautions of commercial establishments: “You can’t take a person’s residence and make it a Starbucks.” (Andrew Harris, “Sharehouse Owners Held to Public Accommodations Standards in Pool Accident Case”, New York Law Journal, Nov. 2).
Stealing his godly powers
A man named Christopher Roller, who can be safely described as eccentric at least in his views, is suing magician David Copperfield for that alleged offense. (Squander Two blog, Nov. 3).
“Safety fears silence Poppy Day salute”
More on health and safety regulation in the U.K.: “The traditional firing of a salute to mark the beginning and end of the two-minute silence has been cancelled for Remembrance Sunday this weekend on health and safety grounds.” (David Sapsted, Daily Telegraph, Nov. 8).
“Cox: Fieger tried to blackmail me about affair”
Further fireworks from the frequently fascinating Fieger files:
Michigan Attorney General Mike Cox accused a potential 2006 political opponent, high profile Oakland County lawyer Geoffrey Fieger, of blackmail Wednesday, claiming that Fieger threatened to reveal his extramarital affair if Cox did not drop an investigation into the lawyer’s alleged campaign finance violations.
(Dawson Bell and L.L. Brasier, Detroit Free Press, Nov. 9). For more on Fieger, whose activities have long been a mainstay of this site, see Mar. 13, Oct. 24, and many others.
More on the story: David Shepardson and Mike Martindale, “Sex scandal”, Detroit News, Nov. 10 (check sidebar for over-the-top statement by Fieger); L.L. Brasier and Patricia Montemurri, “Figure in Fieger-Cox sex scandal has criminal past”, Detroit Free Press, Nov. 10); Dawson Bell and L.L. Brasier, “Cox: Fieger made threat over affair”, Detroit Free Press, Nov. 10 (“one of the most bizarre events in recent Michigan political history”):
Fieger has a long history of stirring up trouble, both for himself and others, and sometimes on a personal level.
In 1998, when he was the Democratic nominee for governor, he suggested that his opponent — then-Gov. John Engler — was not the father of triplet daughters born to his wife, Michelle, in 1994.
“Dodgeball” at Merck
Over at Point of Law, Ted looks into a supposed smoking gun in the case against Vioxx, and finds it nothing of the sort (Nov. 10).
Noise pollution
It can consist of kids’ playing, as in this British case in which an irate neighbor called in “the environmental health” to complain about a nearby nursery school. The school has agreed to restrictions under which “games such as What’s the Time, Mr Wolf? can no longer be played outdoors.” (Stewart Payne, “Nursery children must stay inside to protect neighbour’s rights”, Daily Telegraph, Nov. 10).
Volokh on gun immunity law
Eugene Volokh eviscerates a Slate smear of the Protection of Lawful Commerce in Firearms Act:
The gun industry has been exposed to novel theories of legal liability, which don’t apply to other industries: If I’m hit by a 20-year-old driver who was drunk on Coors and driving a Ford Mustang, I wouldn’t be able to hold the alcohol manufacturer or car manufacturer liable — even if the manufacturer sold the Coors to a liquor store in a college town (so that the manufacturer must surely have known that some fraction of its products would end up in the hands of the underaged), even if the manufacturer knew that the liquor store had been suspected in past unlawful sales (but still was allowed by the state to sell beer), and even if I can persuade the jury that car manufacturers shouldn’t be able to sell really fast and powerful cars, especially to 20-year-olds, who are notoriously prone to speeding. Yet many of the gun manufacturer lawsuits were very similar to these lawsuits, and Congress was right to preempt them.
Read the whole thing.
One can expect the first constitutional challenge to the law on November 21, when Judge Weinstein will hear a motion to dismiss New York City’s lawsuit against gun manufacturers. (Tom Perrotta, “Judge Stays New York City’s Suit Against Gun Industry”, New York Law Journal, Nov. 9). We discussed the case Apr. 13, 2004.
Jack Thompson quits Grand Theft Auto case
“Jack Thompson, the colorful Miami attorney who has become synonymous with lawsuits against video game companies, withdrew as the attorney for the plaintiffs in Fayette’s video game trial.”
…Thompson’s withdrawal comes after a hearing on a motion from the defense attorneys, who represent video game manufacturers and distributors, to revoke Thompson’s privilege to practice law in Alabama during the case. Judge James Moore granted Thompson, pro hac vice, the legal term for the temporary privilege, when the suit was filed.
Defense Attorney Jim Smith claimed that Thompson bombarded him, his co-counsel Rebecca Ward and his law firm, Blank Rome, with threatening and harassing e-mails and letters. He also accused Thompson of violating legal ethics, misrepresenting an alleged past history of disciplinary problems and attempting to poison the jury pool with frequent press releases and appearances in the news media….
Since defense attorneys filed the motion, Thompson has claimed they were “coming after” him. He said Blank Rome’s strategy has always been to attack its opponents.
(“Robert DeWitt, “Attorney in Fayette case bows out”, Tuscaloosa News, Nov. 8). More coverage: IGN, GamePolitics.com, GameSpot News, The Inquirer. For more on Thompson’s antics, see Feb. 19, Oct. 21, etc.
Balloting results
In Washington state, voters defeated I-330, a doctor-backed plan to limit medical malpractice awards and lawyers’ fees, by about a 54-46 margin, while also drubbing I-336. a lawyer-backed alternative (Seattle P-I, Seattle Times). California voters trounced, by a 61-39 margin, Proposition 79, which would have regulated drug prices via freelance lawsuits among other means; they defeated Proposition 78, a drug-industry-backed alternative, by nearly as wide a margin. (L.A. Times, Sacramento Bee). In Virginia, former Richmond mayor and Democrat Tim Kaine, who had been criticized by the American Justice Partnership (Nov. 2), won the governorship anyway (Wash. Post). Texas voters easily passed an anti-gay-marriage constitutional amendment that Houston attorney Warren Cole, chairman of the State Bar of Texas’ family law section, called “horribly drafted” and which would prohibit the recognition of any “legal status” that is “similar to marriage” (more from Cathy Young)(see yesterday’s post) (Dallas Morning News) (cross-posted at Point of Law).
Ballot propositions today
Over at Point of Law, I’ve been collecting links on California’s Prop 79 (empower trial lawyers to sue over drug prices, among other provisions) and Washington’s I-330 (med-mal). Also, Virginia Postrel reminds Texans to vote no on Proposition 2, which is billed as banning gay marriage and in fact, like some tricky predecessors in other states (see Mar. 20, etc.), would probably extend much further than that.