“A British judge has banned Twitter users from identifying a brain-damaged woman in one of the first attempts to prevent the messaging website from revealing sensitive information.” The woman’s mother wishes to cut off her life support. [Reuters, related]
“Coffee Brewers and Servers Sued Under Prop 65”
The latest surprising application of California’s toxic-warnings law [Ken Odza]
California Environmental Quality Act at 40
With “one-way” fee entitlements — plaintiffs collect if successful, but do not pay if they lose — it is no wonder that the California Environmental Quality Act [CEQA] attracts tactical and opportunistic litigants, including some whose interest seems to lie more in legal fees than in environmental reform. “Unfortunately, it is not uncommon to see CEQA used by competitors to block new businesses from coming into their market or by unions trying to force businesses to accept labor agreements. Neither represents what CEQA was intended to do, and there should be protections so the law cannot be [hijacked] for such purposes.” [Cynthia Kurtz, Whittier Daily News via Todd Roberson, CJAC]
Grown woman stuck in baby swing
And other tales of playground litigation and the Consumer Product Safety Commission [Free-Range Kids]
“Clap On, Clap Off, Case Dismissed”
Kevin at Lowering the Bar recalls an unsuccessful product liability action by a plaintiff who “managed to injure herself when attempting to activate ‘The Clapper,’ the famous as-seen-on-TV device that promised to permanently eliminate that tiresome chore of actually crossing a room and operating a light switch.”
“Ex-Colts cheerleader sues team over nude body-paint photos”
“A former Indianapolis Colts cheerleader is suing the organization, claiming they discriminated against her when they fired her for posing in risqué photographs.” [Indianapolis Star]
A case of overcriminalization
Race car great Bobby Unser discusses his legal ordeal — after his snowmobile got lost in a blizzard, he was charged with having entered protected federal wilderness land — in this Heritage Foundation video [more]
Attorney sues many legal bloggers, ABA, Washington Post…
After being widely criticized for his handling of a criminal case, a lawyer is now suing his critics by the dozen, including a raft of leading law bloggers; the case is already being dubbed “Rakofsky v. Internet.” A list of the many defendants is here (PDF) courtesy of defendant Mark Bennett, who has also compiled a compendium of blog posts that discuss the new action. Among defendants and others talking back: Eric Turkewitz, Colin Samuels, Scott Greenfield, Avvo, Keith Lee.
May 20 roundup
- Interview with brewmaster of “Collaboration Not Litigation Ale” [Abnormal Use]
- New “public trust” theory emerges in climate change litigation [Sean Wajert, Jim Huffman]
- Who did the fact-checking? Questions over award to Harper’s journalist Scott Horton [Stimson, Heritage “Foundry”, my ’08 take]
- “Nightmare scenario for higher education”: copyright case against Georgia State seeks sweeping injunction [Duke University Libraries]
- “Vast wasteland” broadcast regulator: “Glenn Garvin scales and guts Newton Minow” [Miami Herald via @jackshafer]
- Teacher in suburban DC still devastated by false abuse charges [WaPo, Lanny Davis, David Bernstein]
- Sweetness and light: “Rising tide of litigation lifts [law] firms” [WSJ Law Blog]
Judge’s impartiality questioned in $322 million Mississippi jury verdict
“In a motion filed Tuesday, attorneys for Union Carbide said Circuit Judge Eddie H. Bowen neglected to notify defense lawyers that his parents had been involved in similar asbestos litigation and had settled a case against Union Carbide.” A rural Mississippi jury earlier this month returned the largest asbestos verdict in American history, $322 million, against Union Carbide and other defendants. [AP/Stamford Advocate; Jackson Clarion-Ledger] More problems with verdict: Point of Law.