- Congress acts to squelch bounty-hunting suits over lack of fee stickers on bank ATMs [Kevin Funnell, Alexander Cohen/Atlas Society, earlier here and here]
- Because I would not stop for Tax/He kindly stopped for me [John Carney on Dec. 31 death incentive]
- Having signed up six-year-old client, lawyer files $100 million claim in Sandy Hook massacre [CT News Junkie; another of Mr. Pinsky’s publicity-related endeavors]
- One list (among many) of the craziest US lawsuits of 2012 [Samantha Rollins, The Week]
- “Sue to silence the NRA? Wind up paying its legal fees, more likely.” [@andrewmgrossman on this diary of a (would-be) speech-suppressing litigant] When some politicians aren’t bashing gunmakers, they’re shoveling money at them [Matt Welch on New York; my Reason piece a way back on Connecticut] “Should People Be Forced To Buy Liability Insurance For Their Guns?” [Megan McArdle]
- Also re: Newtown, “Laws made in the shadow of tragedy normally look odd to the healed mind.” [Tom Coale, HoCo Rising] And Radley Balko last year, via @amyalkon, on why “Laws named after crime victims and dead people are usually a bad idea.” [HuffPo]
- Could ubiquity of cellphones help explain plunge in crime rate? [ABA Journal on study by Klick et al]
Best of 2012: October
- “Middle Schooler Forced To Take Drug Test To Join Scrapbooking Club.”
- Following uproar against anti-Islam video, various law professors propose shrinking scope of First Amendment to permit punishing speech that gives offense;
- Oglala Sioux lawsuit over nearby beer sales impresses NYT columnist Nicholas Kristof, but fails to impress federal judge.
- California hospital agrees to pay $975,000 to settle lawsuit over safety-related policy requiring employees to converse in English;
- Feds’ scheme: have cops enforce “distracted driving” laws by peering down into cars from overpasses.
- “The curb disrupted the motion of plaintiff’s foot.” Naughty curb!
State of Kansas hits sperm donor for child support
William Marotta and the recipient of his donation signed an agreement that he would have neither rights nor obligations with respect to any offspring that resulted. But the state of Kansas says that shouldn’t insulate him from paying child support for the three-year-old daughter on whose behalf the state picked up $6,000 in medical bills unpaid by the mother, who had fallen on hard times. [Topeka Capital-Journal, Huffington Post]
Best of 2012: September
- Nook e-readers lack text-to-speech capabilities, and following a complaint from disability-rights lawyers, the Sacramento library system agrees not to give any more of them out to patrons, hearing or otherwise.
- Nanny’s next move? Concord, Mass., bans single-serving water bottles.
- Lawsuit: crossbow maker knew it was dangerous to get fingers in the way.
- Murder of U.S. ambassador in Benghazi fuels calls for hate-speech bans.
- “Arguing over answers in Scattergories is the closest thing on the planet to the experience of a law school class.”
- Injury lawyer: “primary responsibility” for Aurora, Colo. mass shooting rests with theater operator.
Elephant sized payout in Ringling Bros. abuse of process case
According to a press release from Feld Entertainment, which owns the Ringling Bros.-Barnum & Bailey circus, the American Society for the Prevention of Cruelty to Animals (ASPCA) has agreed to pay $9.3 million to settle racketeering and other charges arising from alleged litigation abuse in lawsuits beginning in 2000 over elephant welfare. Feld says ASPCA and others paid a plaintiff and fact witness in the case whose testimony a judge described as not credible. It says it intends to continue suing other animal-welfare groups that it has named in connection with the episode, including the Humane Society of the United States, and Fund for Animals, as well as attorneys. [more on circus’s side of dispute; earlier here, here, here, here] More: John Steele, Legal Ethics Forum.
Medical roundup
- “Blaming doctors for prescription drug abuse” [White Coat] Judge rules victim of pharmacy robbery can proceed with suit against doctor who prescribed painkillers [NYLJ]
- Louisiana Gov. Jindal’s proposal for letting contraceptives be sold over counter has good libertarian pedigree [David Henderson, Jonathan Adler] More: Ramesh Ponnuru.
- FDA vs. antiemetics: “How Long Before Zofran Gets Black Boxed?” [White Coat]
- ObamaCare vulnerable to an Origination Clause challenge? [Sandefur vs. Taranto, via Randy Barnett]
- “When a child drinks cologne, by all means, sue the doctor… ” [NJLRA]
- U.S. v. Caronia: does First Amendment protect promotion of off-label drug use? [Richard Epstein/Hoover, PoL, WSJ Law Blog, D&DL, Shackford]
- Ideas from John Goodman on med-mal reform [Psychology Today]
“Family blames ‘inconsiderate’ phone call for grandmother’s death, wins $1.75 M lawsuit”
A South Carolina jury awarded the default judgment against a now-defunct property management firm that had called with an eviction threat over two-months’-behind rent; the tenant in a deposition “said she had asked the manager to refrain from speaking with her mother because of her fragile health.” [Charleston Post and Courier]
Maryland law clinic follies
I’m in the Baltimore Sun with an op-ed about the University of Maryland’s ill-chosen decision to represent the Waterkeeper Alliance in what was intended to be a landmark environmental case against an Eastern Shore farm family. Earlier here, etc. (& welcome Glenn Reynolds/Instapundit readers)
P.S. Welcome listeners from Baltimore’s WBAL, which had me as a guest Friday afternoon to discuss the suit. Research assistance thanks to Ryan Mulvey, Cato intern.
Best of 2012: August
- Suburban Chicago: “Deaf girl’s family sues Girl Scouts for disbanding troop.”
- Shelby County (Memphis) subpoenas identity of authors of 10,000 anonymous comments on website of city’s major newspaper.
- Zimmerman’s lawyer confirms that his client’s defense won’t be based on “Stand Your Ground,” and non-apologies follow from advocacy groups and pundits who’d misunderstood or misrepresented that issue.
- Detroit water and sewer department employs “horseshoer” but keeps no horses.
- Long-necked beer bottle maker not liable for barroom assault.
- Maker of metal baseball bat, as well as Little League and sporting goods retailer, reach $14.5 million settlement with family of New Jersey boy badly hurt by line drive.
Penelope Trunk: “How To Hack Public School”
Take advantage of IDEA and the feds’ disapproval of test-accommodation flagging:
3. Classify your kid as having some sort of learning difference. Get your kid an Individualized Education Plan (IEP) early on so that they get unlimited time taking the SAT. The classification is not reported to colleges, so it’s just seen simply as a really high score.
You might think this is extreme, but in New York City parents get their kid classified as special needs in order to get a leg up getting into elite preschools. So doing this to get into an elite college seems fine. And look, it’s hard to get an IEP when your kid is two years from taking the SAT. Everyone wants an IEP then. It’s easy when you have a first-grader. Most first graders look like they need an IEP when they are in school because school is so uncomfortable for young kids.