Might sue Toyota over kids’ trunk suffocation

Attorney Peter M. Villari represents the family of one of the three Camden, N.J. youths who suffocated last month in the trunk of a car. Not surprisingly, Villari says he’s considering filing suit over the incident against the city of Camden, whose police department has been widely criticized for not thinking to check the trunk of the beat-up 1992 Camry after the boys went missing although it was parked steps from where they’d last been seen. Anyone else to sue? Yes, “possibly Toyota”. (“Boys Who Died Lived 17 Hours in Car Trunk, Lawyer Says”, New York Times, Jul. 19).

Teflon class action

Two Florida law firms are hoping to extract $5 billion from chemicals giant duPont by alleging that it did not inform consumers of dangers of its nonstick coating Teflon. Although there does not seem to be the smallest evidence that any user of kitchen utensils has ever been harmed by the chemicals used to make the coating, attorney Alan Kluger plans to rely on a misrepresentation theory: “I don’t have to prove that it causes cancer,” he said. Another problem with the suit, say the people at duPont, is that although the chemical perfluorooctanoic acid (PFOA) and its salts are used in manufacturing Teflon, they are not found in the finished product. Kluger, by contrast, asserts that Teflon “contains” PFOA. (John Heilprin, “DuPont sued over Teflon”, AP/USA Today, Jul. 19; Elizabeth M. Whelan (American Council on Science and Health, “The New Litigation Against Teflon Won’t Stick”, ACSH Health Facts and Fears, Jul. 19). More: and here’s Michael Fumento (“Teflon accusation doesn’t stick”, TownHall.com, Jul. 21).

On the air

I was interviewed this afternoon for New York’s WCBS Channel 2 evening news on the Supreme Court vacancy, then joined host Chris Core of Washington, D.C.’s WMAL this evening for a discussion after it had become clear that the President’s Supreme Court pick would be Judge John Roberts. Tomorrow, I’ll be on KPCC, public radio in Southern California.

ABC News Now today

I’ll be on ABC News Now, ABC’s webcast service, at 5:35 PM Eastern, talking about the Supreme Court nomination. There will be a rebroadcast at 9:05 PM, but I’ll be watching the president’s speech instead of my wild guess of the gender of his nominee. Needless to say, the “Guilt or Innocence” show did not discuss the London bombings.

Speechless in Seattle

You can expect the press to close ranks around its own when freedom of speech is threatened, right? Well, maybe not, when the speakers in question are Fox radio hosts and the heavy hand of government is acting under the aegis of campaign regulation. (Ryan Sager, “Seattle, Post Intelligence”, TechCentralStation, Jul. 19). Sager’s blog has further details, here and here. For more on the controversy over a judge’s order that comments by KVI hosts John Carlson and Kirby Wilbur be counted as campaign contributions, see Jul. 11.

Banking while intoxicated

Maggie Rizer earned millions as a successful model, but lost it in defalcations by her stepfather John Breen, who held power of attorney over her bank accounts back in her hometown of Watertown, N.Y. Now she’s suing HSBC, the bank; among her claims is that Breen’s demeanor should have constituted adequate warning that his withdrawals were improper and not in her best interest. The bank’s attorneys, in their motion for dismissal of the claim, argue (among numerous other defenses) that: “HSBC has no duty to screen its customers for use (of) alcohol or any other substance. There is no law prohibiting banking while intoxicated or while using medication. To hold that such a duty exists would place an unreasonable, and illogical duty upon banks.” (“Banking While Intoxicated: No Such Law, Says HSBC In Response To Rizer Lawsuit”, WWTI (Watertown, N.Y.), Jul. 18). In other news of intoxication, Eric Laverriere has sued the Waltham, Mass. police department, which collared him while breaking up a New Year’s Eve party at a friend’s house, then took him into “protective custody” and a nine-hour lockup. His suit contends that he had not caused any public disturbance and that drinking in private falls constitutionally short of adequate grounds for arrest. (Shelley Murphy, “Lawsuit asserts right to get drunk on private property”, Boston Globe, Jul. 8). Wave Maker (Jul. 8) has more details.

“Tokyo governor sued for insulting French”

Japan, a country known for its extremely low rate of litigation, has furnished very little fodder for this site over the years, but here’s one that was worth the wait: “A group of teachers and translators in Japan on Wednesday sued Tokyo’s outspoken nationalist governor for allegedly calling French a ‘failed international language,’ a news report said. Twenty-one people filed the lawsuit at the Tokyo District Court, demanding that Tokyo Gov. Shintaro Ishihara pay a total of 10.5 million yen ($94,600) compensation for insulting the French language in remarks last October, national broadcaster NHK said.” (AP/CentreDaily, Jul. 13). More: LanguageLog weighs in (Jul. 19).