“David Belniak had drugs in his system and never braked when he slammed into the back of a family’s car stopped at a red light on Christmas Day 2007. Three people died.” Now, represented by his sister, attorney Debra Tuomey, Belniak is suing the driver of the car he slammed into. [Tampa Bay Times, Tuomey’s JD Supra site]
January 18 roundup
- A federal fishing raid, the Pew Charitable Trusts and a biased Business Week account [Nils Stolpe on Gloucester, Mass. fisheries, via Stoll]
- Intimidating the judiciary? “Group Opposing Citizens United Pushes ‘Occupy the Courts’ Protest” Jan. 20 [Debra Cassens Weiss, ABA Journal] Mob rallies at Michigan governor’s private home [Meegan Holland, MLive] “Occupy” forces Gingrich to cancel event [Daily Caller] Earlier here, here, here, etc.
- “Paper Airplane? Late for School? Shouting Too Loud? You’re Under Arrest!” [Free-Range Kids, Texas]
- Spielberg in “Raiders of the Lost Ark” paid homage to earlier movie sequences without sweating permissions. Oh, for those days [Joho] “Cultural gems that should be in the public domain today” [Atlantic Wire, Tabarrok]
- UPS settlement exaggerates benefits to class members [Ted Frank; related, CCAF] “Federal Judges Have Harsh Words, Rulings for Class Action Plaintiffs’ Lawyers” [Lammi/WLF]
- “Justice Breyer Calls Recusal Controversy a ‘Non-Issue’” [ABA Journal]
- “Add Plaintiff-Lawyer Fees To The Cost Of Most Mergers” [Daniel Fisher, Forbes on Cornerstone Research report]
Update: convicted kidnapper’s suit against victims dismissed
A Kansas judge “last week dismissed Jesse Dimmick’s lawsuit against the couple he kidnapped in southwest Shawnee County.” [Topeka Capital-Journal, earlier]
“Dressing psychiatrists like wizards on the witness stand”
Checking out a published report, Erik Magraken contacted former New Mexico state senator Duncan Scott and found that it was true, the lawmaker had indeed introduced a legislative amendment in 1995 providing that:
When a psychologist or psychiatrist testifies during a defendant’s competency hearing, the psychologist or psychiatrist shall wear a cone-shaped hat that is not less than two feet tall. The surface of the hat shall be imprinted with stars and lightning bolts. Additionally, a psychologist or psychiatrist shall be required to don a white beard that is not less than 18 inches in length, and shall punctuate crucial elements of his testimony by stabbing the air with a wand. Whenever a psychologist or psychiatrist provides expert testimony regarding a defendant’s competency, the bailiff shall contemporaneously dim the courtroom lights and administer two strikes to a Chinese gong…
The amendment — intended satirically, one should hasten to add –“passed with a unanimous Senate vote” but was removed from its bill before consideration by the state house and never became law. (& Coyote, Above the Law)
Andrew Wakefield sues critics again
The researcher of anti-vaccine fame, who was struck off the British medical rolls following scandal over his methods, had earlier sued journalist Brian Deer in the U.K.; this time he has filed an action in Texas [Respectful Insolence, Popehat]. As parents decline vaccination, whooping cough and measles make a deadly comeback [Amy Alkon, Orac]
Judge: new Gotham cabs must have wheelchair access
Agreeing with the Obama Department of Justice, a federal judge has ruled that New York City cannot create more taxicab medallions unless they are for wheelchair-accessible vehicles [AP]. The administration of Mayor Michael Bloomberg says full wheelchair conversion of the taxicab fleet, as demanded by litigants, would cost on the order of $900 million over five years. It would prefer to serve wheelchair patrons through a network that could summon specialized cabs on demand, but some of its adversaries dismiss that alternative as smacking of separate-but-equal.
Lawyer and author Philip K. Howard points out in a NYDN op-ed that the relief demanded
would require, over the next five years, that all 13,000 New York City medallion cabs be replaced by cabs that cost about $15,000 more – basically to have their frames cut and then stretched to accommodate a ramp and room inside for a person in a wheelchair. …
The larger taxis are generally about 800 pounds heavier and use about 20% more fuel – raising costs and polluting the air. Stretched taxis have harsher suspensions, and are therefore less comfortable for most users, as well as more dangerous (because they are less maneuverable and harder to stop).
See also NY1, WSJ, NYDN (DoJ weighs in on plaintiffs’ side); Matthew Daus/NYT; NYDN (editorial backing mandate), NY Post (opposing mandate); Capital New York (city files notice of appeal). More: Bader. Update Mar. 21: stayed pending appeal.
January 16 roundup
- Per Chevron, Kerry Kennedy getting undisclosed percentage of the take, potentially in millions, to side with plaintiffs in Ecuador suit [NY Post] Long New Yorker take-out on case [Patrick Radden Keefe]
- Freetail Brewing fields a nastygram: “How to Comply With a Cease-and-Desist Letter But Still Win” [Lowering the Bar]
- I.e. boycotts illegal? Odd Minnesota law bans economic “reprisals” based on “political activity.” [Volokh]
- “Chris McGrath v. Vaughan Jones: An Unpleasant Peek Into U.K. Libel Law” [Popehat; suit over science-and-theology book review] Related: “You Can’t Read This Book: why libel tourists love London” [Nick Cohen, Guardian, on his new book]
- Business experience isn’t be-all or end-all for presidential qualifications, but might avert some policy howlers [Kling]
- “Arbitration Is Here to Stay and One Lawyer Says That Is Good for Consumers” [Alan Kaplinsky interview, Mickey Meese/Forbes, PoL]
- Off-topic random thought: “Iranian nuclear scientist who moonlights in Broadway Spider-Man cast” must be world’s most uninsurable job description;
- “D.C. Lawmakers Propose Requiring Students to Apply to College” [Fox]
NYC diner owner decides to record food inspection on cellphone
And soon finds cause for regret [NY Post via Radley Balko, to whom congratulations are in order; related]
January 15 roundup
- Self-referent notice required by law on Florida vending machines might baffle onlooker [Popehat] More from Lowering the Bar: “Please Report Me If I Am Missing. Thank You.”
- Bryan Walsh at Time magazine happily spun by Chevron/Ecuador plaintiffs. Not so Roger Parloff at sister magazine Fortune;
- Doubts re: foster mom’s conviction following youngster’s salt-poisoning death [Texas Monthly via Ted Frank; controversy over science behind “shaken-baby” cases] Charges against parents to move forward in Utah “co-sleeping” death case [ABA Journal]
- In Philadelphia shooting case, lawsuits like bullets fly in every direction [Above the Law]
- More on constitutionality of Obama recess appointments [Todd Gaziano/Heritage “Foundry”, Mickey Kaus, Mike McConnell via Adler and more, earlier]
- New site design at my old blog Point of Law;
- Podcast: Prof. Mike McConnell on Hosanna-Tabor [Fed Soc, earlier] More: Bader. And shorter David Sessions/Daily Beast: since SCOTUS unanimously rejected Obama position on church liberty, critics were wrong to get so alarmed about that position. Makes sense to him…
Claim: Clinton offered Baron seat on Supreme Court
Andrew Baron at DemBot, writing on his father, Fred Baron, the late Texas tort lawyer and John Edwards benefactor who was a frequent mentionee on this site (e.g.):
With the strong support of my dad, after Bill Clinton out-raised and then defeated incumbent George Bush Sr., Clinton offered to nominate my dad to become a Supreme Court Judge. My dad actually considered it and even spent a couple of days shadowing one to see what the day-to-day activity was like. He just wasn’t interested. Plus, he would be required to sell his law firm. He told me that it was actually a pretty boring job.
The younger Baron’s piece is worth reading in its entirety for insights into the role and results of political fund-raising.