“Ye Gave Children Joy, And Exercise Too/It’s Too Bad Those Parents Decided To Sue.” An epitaph on a West Virginia county’s swing sets [KaBOOM.org]
“Rent Too High” candidate sues New York election board
“The founder of ‘The Rent is Too Damn High Party’ is outraged that in 2006, when he ran for governor, and three years later, when he ran for mayor, the board took the world ‘Damn’ off his ballot line.” Officials say it was a matter of lack of space; in the last election they were able to accommodate his imprecation in the ballot heading by shortening the party title to, “Rent is 2 Damn High Party.” He’s representing himself and wants $350 million. [New York Post]
“Niche Lawyers Spawned Housing Fracas”
November 23 roundup
- Growth of regulatory state makes lobbying more attractive path than innovation [Morris Panner, WaPo]
- Long-awaited Norma Zager book flays Erin Brockovich role in Beverly Hills High School controversy [CJAC]
- Colorado high court: no need to limit medical fee awards to sums plaintiffs actually paid [CCJL, Law Week Colorado]
- Please, law firm marketers, don’t assume we’re in need of your services [Popehat]
- Updates on prosecutorial silencing of pain treatment activist Siobhan Reynolds [Sullum, more, yet more, Balko]
- Comments of NTSB official notwithstanding, riding motorcycle without helmet is no “public health issue” [Boaz, Cato] Watch out for more paternalism premised on government health care expenditures [Coyote]
- No contracting out? Can California really be this screwed up? [Coyote]
- Claim: railroad should have warned against walking on the right-of-way [six years ago on Overlawyered]
Schools cancel shop classes to avoid liability risk
Thus bringing us closer to a society where few people grow up knowing how to operate tools and machinery. [John Ratzenberger, Washington Times] (& welcome Amy Alkon readers.)
Loco parentis: schools to send parents “your kid’s too fat” notes
Joining the obesity-as-public-health-issue crusade, Flagstaff, Arizona schools will begin weighing all students, after which they will send home warning notes to parents of kids who fail to conform to desired weight ranges. Apparently about half of students are expected to fall outside those ranges. [Arizona Daily Star, which likes the idea; Daily Caller]
November 22 roundup
Product liability edition:
- You mean cigarettes were dangerous? “Florida jury awards $80M to daughter in anti-smoking case” [AP]
- “Acne drug not found to increase suicide risk” [BBC, earlier on Accutane here, here, etc.]
- “Man hit by jar of exploding fruit says $150,000 award isn’t enough” [Detroit News via Obscure Store]
- Chicago accident coverage exemplifies Toyota acceleration hysteria [Fumento/CEI] NHTSA-NRC panel findings on subject [PoL]
- Strict product liability is in decline, according to Prof. David Owen [Abnormal Use]
- More questions raised on $500 million Nevada hepatitis verdict [PoL]
- Notwithstanding chatter in press about toxic cosmetics, study finds cosmetologists have below-average cancer rates [David Oliver]
- Florida juries repeatedly hold Ford liable for millions when drivers fall asleep [five years ago on Overlawyered]
Another “breastaurant” battle: Twin Peaks vs. Grand Tetons
Trade undress, cont’d: two restaurant companies by the names of Twin Peaks and Grand Tetons (doing business as “Northern Exposure”) are now sparring in court over whether the latter improperly copied the former’s Hooters-meets-wilderness-lodge eatery concept [Siouxsie Law, Dallas Observer] In 2004, Hooters itself sued a rival establishment named WingHouse which it claimed had improperly copied distinctive elements such as its servers’ provocative manner of dressing.
“Cell Phones and Brain Cancer: What Was The New York Times Thinking?”
Through its uncritical coverage of the purported radiation hazards of cellphones — taken up by noted toxics alarmist Devra Lee Davis as her latest crusade — the New York Times is taking chances with its credibility. Author Randall Stross seems unfamiliar with the tendency of companies to warn (on lawyers’ advice) against supposed risks they have good reason to consider non-existent, as in pharmaceutical package inserts and many other contexts [David Oliver, earlier, more]
New York regulates household employment
Beginning November 29, those who employ nannies, housekeepers and similar workers in New York will be exposed to broad new legal liabilities. If the experience of other employers proves an example, some will get sued for years’ worth of back pay, front pay and other damages over alleged discrimination in hiring, promotion, or firing, or for permitting to develop in their home what an employee experiences as a “hostile work environment.” [Empire Justice Center]