Overlawyered: Chronicling The High Cost Of Our Legal System

A right to water seepage?

Construction is finally approaching on a water conservation project authorized by Congress in 1988, which will line with concrete the All-American Canal, which carries Colorado River water to the Imperial and Coachella valleys in Southern California. The idea is to reduce the currently high rate of seepage into the ground from the canal, thus preserving more water for the intended users. Now, however, Mexican and Californian groups have sued to stop the project, saying their farms and local economies have come to depend on the seepage. They’re throwing in more conventional environmental claims, too, saying endangered species would be harmed by any change in the current arrangements. (Bettina Boxall, “Suit Is Filed Over Plan to Line Canal”, Los Angeles Times, Jul. 20).

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The preacher’s cane

At trial, New Hampshire preacher Terry Karr used a cane, saying he could no longer stand for long periods after his slip-fall at a California motor inn. But the jury found against him after the defense produced a videotape “of Karr at the pulpit, shaking both fists in the air and moving about excitedly throughout a sermon.” (Julie O’Shea, “Candid camera”, The Recorder, Jul. 5).

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$7.25 million verdict for lost “banking” career

A jury awarded Mark Schiffer $7.25 million on his claim that LASIK surgery in 2000 by Dr. Mark Speaker had ruined his eyesight, though apparently not so badly, since he was able to drive to court for the trial. Schiffer’s attorney, Todd Krouner, had asked for $35 million, complaining that Schiffer had been “embarking on the beginnings of an extraordinary career in investment banking” that had been ruined by the surgery. The banking career was so extraordinary that he had previously quit a job with Goldman Sachs to write and direct a movie with Selma Blair (photo). Press coverage notes that Schiffer was “forced” to “take a job with his dad’s security firm,” which makes it sound like he’s carrying a nightstick rather than a CFO for a software company. Wharton must be proud of the entrepreneurial spirit shown by Schiffer to find new revenue sources. (Anthony Lin, “Former Banker Awarded $7M in Damages From LASIK Eye Surgery”, New York Law Journal, Aug. 1; Maggie Haberman, “He wins $7.25M in botched eye surgery suit”, New York Daily News, Jul. 31).

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“Singles Shopping” Nixed

A Roanoke Wal-Mart cashier heard of, and convinced her manager to copy, German Wal-Marts’ practice of passing out “red bows” to singles on otherwise-slow Friday nights. Singles would put the bow on their carts to indicate their motive, and meet at specially designated “flirt points” in the store; the events attract hundreds of customers. Roanoke’s “Singles Shopping” program was also a huge success, attracting shoppers who would drive from hours away to attend—until corporate headquarters abruptly demanded the weekly event be cancelled. Alas, the chain doesn’t explain itself, and the AP doesn’t try to speculate, but I’d wager pretty good money that it was the fear of lawsuits like this one or this one that squelched the practice. The AP’s condensed version of the original Roanoke Times story is kinder to Dale Firebaugh, because it omits the fact that he was so heart-broken over the cancellation that he purchased a 26-cent red bow and stood by the door hoping someone would recognize the symbol. Is he another victim of the liability crisis, or is there a different economic reason we’re missing? Perhaps love-smitten shoppers purchase less, though one would think the increased traffic makes up for it given the success of the program elsewhere. Comments open for the limited purpose of inviting readers to use their imagination for what might have motivated this decision other than liability fears. (AP/MSNBC, Jul. 23; Marques G. Harper, “Apparently, the cost of love can’t be discounted”, Roanoke Times, Jul. 22; Courtney Cutright, “Find milk, soap – a mate? at the Roanoke Wal-Mart”, Roanoke Times, Jul. 15; Rex Bowman, Richmond Times-Dispatch, Jul. 23 & Jul. 25; Pete Dybdahl, “Wal-Mart: ‘It was time to move on'”, Roanoke Times, Jul. 28; Parija Bhatnagar, “Lookin’ for a cheap date? Try Wal-Mart”, CNN/Money, Apr. 7; “Wal Mart to Hold Singles Shopping Night”, Chosun (English version), Jul. 7) (hat-tip to PG, whose link to the AP story gave me the idea).

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Gun bill passes

Fourteen Democrats crossed the aisle (passing two Republicans going the other direction), and the bill (discussed Jul. 27) passed 65-31. (Mary Curtius and Ricardo Alonso-Zaldivar, “Senate Passes Bill to Block Gun Suits”, LA Times, Jul. 29).

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