“It’s what happened to more than 3,000 people last year…”

Might it be time to abolish the National Transportation Safety Board? It’s supposed to serve as an authoritative source on the causes of accidents, but last week its chief, calling for a nationwide ban on cellphone use by drivers, was not just non-authoritative but actively misleading. I explain in a new post at Cato at Liberty (& Instapundit, Balko, Stoll, Adler).

More on misleading government public health advisories here.

Pitcher hit by line drive, jury awards $900K against bat maker

“Last Friday an Oklahoma federal jury awarded a pitcher $871,000 in actual damages (and gave his parents $80,095.85 in actual damages) for an aluminum bat that allegedly was defectively designed and contained insufficient warnings. The case is styled Yeaman v. Hillerich & Bradsby Co., Case No. CIV-10-1097-F (W.D. Okla.).” [Russell Jackson] Earlier here, here, here, etc.

December 19 roundup

  • Too much of a stretch: US nixes copyright in yoga exercises [Bloomberg, earlier]
  • “Know your rights dealing with cops” material construed as probative of criminality [Popehat] Is Justice Scalia really an “unlikely” champion of defendants’ Constitutional rights? [LATimes, Adler] “Overcriminalization: The Legislative Side of the Problem” [Larkin/Heritage, related Meese] When feds spring false-statements trap, it won’t matter whether you committed underlying offense being investigated [Popehat] “‘Clean Up Government Act’ sparks overcriminalization concerns” [PoL]
  • Former Attorney General Mukasey on ObamaCare recusal flap [Adler]
  • American Antitrust Institute proposals might be discounted given group’s longstanding pro-plaintiff bias [Thom Lambert]
  • NYC: “The tour guide said that the way to get rich is to be a zoning lawyer.” [Arnold Kling]
  • “Obama’s Top Ten Constitutional Violations” [Ilya Shapiro, Daily Caller] In at least two major areas, “Obama has broken with precedent to curtail religious freedom” [Steve Chapman]
  • Ted Frank-Shirley Svorny med mal debate wraps up [PoL, Bader]

Developer drops suit against eminent domain critic

It took three years of litigation, but Texas developer H. Walker Royall has finally ended his defamation suit against author Carla Main and publisher Encounter Books (which is also my publisher on Schools for Misrule). Main’s book Bulldozed had been critical of the use of eminent domain in land takeovers, and in particular of its use in a deal in Freeport, Texas. The case helped prompt the Texas legislature to enact stronger protections for defendants against so-called SLAPP suits, a development long overdue in some other states as well. [Roger Kimball, Houston Chronicle; Jacob Sullum; earlier]

Don’t

Don’t (if you’re a lawyer seeking favorable rulings in your case) attract national attention by assailing the judge and other court officials as, among other epithets, “Popess,” “mindless numbnut,” “dastardly Jesuit,” and “bigoted Catholic beasts.” [Lowering the Bar, Minnesota]

Claim: voter ID requirements violate international law

The National Association for the Advancement of Colored People (NAACP) is asking the UN high commissioner on human rights to rule various American states in violation of international law because of the states’ insistence on various restrictions on the franchise, including ID requirements for voters, denial of the vote to convicted felons, and measures that “have reduced the ease of early voting, a convenience that is disproportionately heavily used by African-Americans.” [Guardian; Caroline May, Daily Caller]

Art scholars fear authentication lawsuits, cont’d

The Art Newspaper takes up a trend we’ve noted before in this space:

In New York, the art lawyer Ronald Spencer, of Carter, Ledyard and Milburn, agrees with Sanig. “This is a very serious problem. Specialists are often academics earning $100,000 [or less] a year and they can’t afford litigation they are fearful of being a defendant in a lawsuit, even if they should win.” He admits that there are more of these cases in the US: “It’s a cliché, but we are more litigious here.” He says that the US system, whereby the plaintiff does not have to pay the legal fees of the successful defendant, encourages this.