Michael Strauss says he bit into one of them at a Bourbonnais, Ill. outlet of the burger chain and hot grease squirted out onto his arm. Can he have a sum in excess of $50,000, please? (Steve Patterson, “White Castle lawsuit has familiar ring”, Chicago Sun-Times, Sept. 30).
Medical education constricted
Symptoms of the medical liability crisis are less severe in North Carolina than in many other states; “Dr. Edward Halperin, vice dean of Duke’s medical school, said the issue is not cited as a major factor in Duke students’ decisions to pick a medical specialty,” which is not the case in some other parts of the country. “The malpractice issue has had a negative influence, however, in the kinds of learning opportunities medical schools offer. In years past, Halperin said, schools routinely let students do training stints at hospitals around the country. Now this practice is being curtailed, because medical schools are leery of carrying the liability for students working outside their hospitals.
“Such subtle problems seldom get mentioned in the debate, but Halperin said the effect is long term. ‘It’s inhibiting access to educational opportunities,’ he said.” (Sarah Avery, “Malpractice debate hides subtleties”, Raleigh News & Observer, Sept. 7) (via Common Good).
Fall speaking schedule
I’ll be speaking this evening (Thurs. Sept. 30) in Baltimore as part of a dinner-hour panel discussion on medical malpractice reform sponsored by the Chesapeake Lawyers’ Chapter of the Federalist Society. Other events scheduled for this fall (sponsored by the Federalist Society unless otherwise specified):
* Mon. Oct. 11, Whittier Law School, Costa Mesa, Calif.
* Tues. Oct. 12, Chapman Law School, Orange, Calif. (lunch) and Trinity Law School, Santa Ana, Calif. (late afternoon)
* Thurs. Oct. 14, U.S. Chamber of Commerce, Washington, D.C., Legal Reform Summit, debating Bob Levy of Cato on federalism and litigation reform
* Wed. Nov. 10, Cato Institute, Washington, D.C., commenting on publication of Bob Levy’s new book Shakedown
* Fri., Nov. 12, Federalist Society National Lawyers Convention, Washington, D.C., panel discussion on regulation by litigation with (among others) former Mississippi Attorney General Michael Moore and Michigan Supreme Court Justice Robert Young, Jr.;
* week of Nov. 15 (exact date TBA), Fordham Law School, New York City.
To inquire about our availability for speaking engagements, email editor – at – [this-domain-name] for me or tedfrank – at – [this-domain-name] for Ted.
Okay, towns: build sidewalks or else
Fontana, Calif.: “Karen Medina, a student at A.B. Miller High School, was killed on Cypress Avenue in December 2001 when a car driven by a 15-year-old unlicensed driver veered out of control.” So who’s 75 percent to blame for her death? Why, the taxpayers of Fontana, because the city hadn’t built sidewalks on the thoroughfare in question — or so said a jury which awarded her parents $37.5 million. (Lance Pugmire, “Death of Girl May Cost Fontana Millions”, Los Angeles Times, Sept. 22; “Jury Blames City For Teen’s Death On Busy Road”, NBC4.tv, Sept. 22).
Now, around the country, it’s common for towns to refrain from building sidewalks alongside many or most of their roads, whether for aesthetic reasons, to reflect residents’ wishes, or simply because other ways of spending town funds seem more pressing. Fontana, known as a blue-collar community, planned to build sidewalks along Cypress Avenue at some point but was waiting for state grant money to come through. It may now have less wherewithal with which to pursue similar projects in the future. A footnote: although lawyers made much of the theme that the victim when hit was walking home from school, the actual accident occurred in a residential neighborhood which would appear not to have been especially close to the school (“less than a mile”).
Rare-burger disclaimers, cont’d
“An exclusive London restaurant stopped asking customers to sign a legal disclaimer if they order rare or medium-rare burgers after the practice came to the attention of the city’s legal community. The restaurant at the five-star Marriott West India Quay in London’s Docklands required diners to complete a form which said it waived the hotel chain’s responsibilities should they suffer food poisoning.” (“Rare burger? Just don’t sue us”, CNN, Sept. 29). We first covered the burger-disclaimer issue more than five years ago: see Aug. 9, 1999.
Kerry’s career as a lawyer
Blogger Beldar, fresh from a prominent role in exposing the CBS scandal, applies merciless scrutiny to the senator’s brief stint in Massachusetts legal practice (Sept. 28). Okay, so maybe Kerry didn’t accomplish much while he was a lawyer, but we’ll have to think some more about whether that’s necessarily a bad thing.
Bonds homer lands in court (again)
“The San Francisco Giants fan who caught Barry Bonds’ 700th homer is being sued by another man who says he was the rightful owner of the prized ball, which he maintains was stolen from him during a mad scramble. According to a restraining order to be filed in state court Tuesday, Timothy Murphy said Steve Williams stole the historic blast from him during a melee in the left-center field bleachers at SBC Park on Sept. 17.” (David Kravets, “Man who caught Bonds’ 700th homer ball sued”, AP/FoxSports.com, Sept. 28) “In October 2001, Bonds’ record-setting 73rd homer of the season sparked litigation that ended when a judge ordered both men to split the $450,000 the ball fetched.” Lawyers’ fees were reported to have eaten up most of the proceeds in that case: see Jul. 1, 2003.
Send us more of your defective product, please
Charlie Morris, the sheriff of Okaloosa County, Florida, is suing Ford Motor over alleged defects in its Crown Victoria Police Interceptor vehicles. But he also wants the company to sell the county more of the cars. When Ford refused, Sheriff Morris sued asking the court to force the automaker to furnish more vehicles. Circuit Judge G. Robert Barron rejected the suit, saying case law makes clear that companies have a right to avoid dealing with unwelcome customers. (“Judge: Ford Can Refuse to Sell Cars to Police Suing Company”, AP/TampaBayOnline, Sept. 28). For more on the Crown Victoria, see Nov. 5, 2003.
Latest newsletter
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Cost of defending your product: $250 million
Connecticut-based Purdue Pharma has been highly successful at fending off mass tort lawyers’ assault on its revolutionary but often-abused painkiller, Oxycontin. So the system works? Well, aside from the fact that its defense costs have reached $250 million. And now the company is entangled in insurance coverage litigation. (Lisa Siegel, “No Escaping OxyContin Fee Frenzy”, Connecticut Law Tribune, Sept. 27). For more on Oxycontin, see Oct. 21 and Oct. 19, 2003 and links from there.