Pejman Yousefzadeh (Jul. 7) rounds up editorial cartoons that comment on the atrocity, as well as a number of relevant poems.
Law Firm Sues Phone Directory Over Inferior Ad Placement
What happens when a gung ho law firm gets miffed at a phone directory for giving a competing law firm a better ad placement? A lawsuit of course. Aren’t lawsuits the answer for everything? (AZ Republic, “‘Beyond aggressive’ law firm sues Verizon,” Jun. 18, 2005.)
San Quentin Warden Fired for Obstructing Investigation of Prison Health Care Delivery
The warden of San Quentin has been fired. She reportedly threatened a prison doctor with disciplinary action for cooperating with attorneys about prison health care delivery problems. (SF Chronicle, “San Quentin warden fired over health care,” Jul. 8, 2005).
Food, served tendentiously
From time to time it’s suggested (see Apr. 20) that folks like us are overreacting when we keep commenting on lawsuits that seek to blame food purveyors for obesity: obviously (it’s claimed) these legal actions are going nowhere, and to report on them as if they were going ventures merely casts the whole legal system into disrepute. The thing is, a presumably serious paper like the New York Times regularly publishes articles favorably showcasing obesity litigation and presenting long, uncontradicted quotes from its advocates — as it did once again in a business-section article yesterday (Melanie Warner, “Obesity Inc.: The Food Industry Empire Strikes Back”, Jul. 7). A sample quote, from Michael Jacobson of the Center for Science in the Public Interest: “If someone is saying that a 64-ounce soda at 7-Eleven contributed to obesity, that person should have his day in court”. Just three days before that, Times columnist Paul Krugman, with his customary lightness of touch and respect for the good faith of his opponents, delivered a similar screed against business’s alleged responsibility for obesity; he promises it will be the first in a series on the subject. (“Girth of a Nation”, Jul. 4). By the way, if you want to know why the food-industry-defense Center for Consumer Freedom manages to send Krugman and his co-thinkers into such fits of anger, go check out its website, whose assemblage of material on the “Food Police“, to take one example, is nothing if not informative (and refutes Krugman’s naive assertion that “nobody is proposing that adult Americans be prevented from eating whatever they want”).
On a brighter note, Cato’s indispensable Radley Balko (The Agitator) has started a special blog (description of its mission, Jul. 5) devoted to fact-checking the assertions of filmmaker Morgan Spurlock, of Super-Size Me fame. And from Britain comes a welcome new blog entitled Nanny Knows Best, a “site dedicated to exposing, and resisting, the all pervasive nanny state”.
More: Krugman is back today (Jul. 8) with his second installment, and as AtlanticBlog notes, he’s already changed his tune on the issue of whether adults’ food consumption should be left to the realm of free choice. And Radley Balko (Jul. 8) pokes a hole in Krugman’s risible assertion that coercive government policies rationalized on public health grounds have had a record of “consistent, life-enhancing success” — you know, the way alcohol prohibition did.
One sexual harassment charge leads to another
The Einsteins in Washington, D.C.’s police department decided to investigate a sexual harassment claim by making anatomical comparisons of the accused with the description given by the accuser. Lawrence Bailey was exonerated, but not before he was required to submit to a series of embarrassing tests involving a tape measure. He plans to file a civil lawsuit; the accuser, meanwhile, says the department botched the investigation and stands by her story, so we may see a second lawsuit. (Dave Jamieson, “How’s It Hanging?”, Washington City Paper, Jul. 1).
“The Next Sandra Day”
I’ve got an op-ed in today’s Wall Street Journal (also, conveniently, featured on the Journal’s mostly-free companion site OpinionJournal.com), pointing out that retiring Justice O’Connor was remarkably outspoken in criticizing the evils of excessive litigation, and suggesting that President Bush may wish to pick a successor who shares these concerns. I also discuss some very revealing comments made by the Senate minority leader last week: as OpinionJournal.com sums up the implications, “Harry Reid may be willing to give up Roe v. Wade to get a trial lawyer on the Supreme Court”. (Walter Olson, “The Next Sandra Day”, OpinionJournal.com, Jul. 7; same article at subscriber-only WSJ site).
Lawsuit Filed to Prevent Killing of Pigs on Channel Islands
A lawsuit was filed on Tuesday to halt the killing of feral pigs on Santa Cruz Island off of the California coast. The pigs are causing problems with the island’s ecosystem. Nonetheless, the plaintiffs contend that the Channel Islands National Park officials have “rushed to judgment” in deciding to kill the pigs. (Mercury News, “Lawsuit seeks to stop eradication of pigs on Santa Cruz Island,” Jul. 6, 2005).
Utah tax refund class action
Echoes of California’s celebrated smog-fee affair:
A class-action lawsuit seeking refunds for 120,000 Utahns wrongly charged millions of dollars in sales taxes for floor coverings and installation has been criticized as a full-retirement plan for lawyers rather than a boon to consumers.
That is because the erroneously taxed consumers could have gotten a full refund — simply by calling the Utah State Tax Commission and making a claim.
“There was no need for a class-action lawsuit,” said Assistant Attorney General Clark Snelson, who represented the Utah State Tax Commission in litigation against challenging the tax collections. “Individuals had the ability to come to the Tax Commission to get their refund, which made the lawsuit unnecessary.”
Under the terms of the settlement, “half of the $5.7 million settlement goes to plaintiffs’ attorneys and investigators”. (Dawn House, “Was tax refund lawsuit needed?”, Salt Lake Tribune, Jun. 30).
Federal Lawsuit for Slave Reparations Dismissed Again
A federal lawsuit seeking reparations for descendants of slaves was dismissed for a second time on Wednesday. Even the inclusion of a 104 year old who plaintiff claimed to have lived in a slave hut with his family was not enough to save the lawsuit. (CentreDaily.com/Chicago Tribune, “Lawsuit seeking reparations for slavery dismissed again” July 6, 2005). Overlawyered previously reported on this case on Jan. 26 and Jan 30.
The secret of success is sincerity. Once you can fake that you’ve got it made.
From an American Trial Lawyers Association litigation practice tip:
Before you even open your mouth today in the courtroom the jurors will have had numerous discussions among themselves speculating as to the type of case they will be involved in. One or more of the jurors will have mentioned the McDonald’s case, and some will have told their individual stories about the latest outrageous acts of the judicial system . . . .
I have finally learned that unless I exhibit a great deal of agreement with the jurors regarding the “sad” state of our litigation system and the tremendous number of “frivolous” lawsuits that clog our courts, I have virtually no hope of convincing any juror that my case is not frivolous.