February 10 roundup

  • Man who shot dogs sues blogger whose critical account of episode allegedly put him in false light [Christopher Comins v. Matthew Frederick VanVoorhis, Florida, Citizen Media Law; Greenfield (free speech attorney Marc Randazza assisting VanVoorhis)]
  • Appeals court revives Pennsylvania couple’s trespass suit against Google over Google Street View pics of their home and pool [Legal Intelligencer, ABA Journal]
  • “Rich Guy Sues to Keep $380/Month Rent on Park Ave.” [Gothamist]
  • “Think Davis-Bacon on steroids” — Obamaites mull SEIU-driven “High Road” policy to push federal contractors into union practices [Daily Caller, Michael Fox via PoL]
  • Federal judge’s 49-page sanctions order blasts Adorno & Yoss, two lawyers and client over bad faith conduct of trade dress suit [Fulton County Daily Report]
  • “Terrorist who killed US medic wants C$10 million from Canadian taxpayers” [CanWest/Canada.com via David Frum]
  • “Massachusetts Woman Sues Real Estate Broker over Second-Hand Smoke in Condo” [Somin, Volokh; case settles]
  • “Our litigation process encourages radical polarization” — part II of Q&A with author Philip Howard [WSJ Law Blog, link to part I]

Florida school team swipes Chrysler’s “Rams” logo

And lawyering ensues [Sun-Sentinel, Orlando Sentinel]

P.S. Commenter VMS: “Sometimes corporations need to use their marketing brains rather than their legal muscle…. If Walter Chrysler were still around, he would have instructed his lawyers to license the mark to the team at minimal cost.”

Update: High school yields and a Chrysler lawyer explains the company’s rationale for not doing a license.

$2 million demanded for overly hot chicken sandwich

Late-night fast food at a Virginia gas station McDonald’s proves fateful, if not fatal. [Kevin Couch at new, South Carolina-based Abnormal Use: An Unreasonably Dangerous Product Liability Blog]

P.S.: Jim Dedman of the Gallivan firm writes in email: “Walter, we’re big fans of Overlawyered here at our firm in South Carolina, and I myself have been reading it since I was a law student. We started our blog on the first business day of 2010, partially inspired by having read your site for years. Thanks again, and we look forward to being a part of the blogosphere with you.” Inspiring others to jump in is one of the true psychological rewards of blogging.

“All Subversive Organizations … Must Register in South Carolina”

If you intend to overthrow the government, you must notify it in advance and pay a $5.00 fee. [Bruce Schneier, Patrick at Popehat]

Correction/P.S.: According to Eugene Volokh, the underlying source (Raw Story) erred in thinking that there’s anything new about this South Carolina law, which has been on the books since 1951, a period when many anti-Communist laws were being enacted. I’ve amended the headline accordingly. Commenters at Volokh.com say a pending bill in the state legislature would repeal the provision, whose enforceability is in any case doubtful under established constitutional law.

“Man Sues for Extra Time on LSAT, Claiming ADHD”

“A prospective law school student who alleges he has a disability filed a suit in U.S. District Court in the Western District of Texas, seeking a court order to force the Law School Admissions Council to provide him with accommodations under the Americans with Disabilities Act for the Law School Admissions Test.” [Texas Lawyer via ABA Journal]

“How the Plaintiffs Bar Bought the Senate”

My Manhattan Institute colleague Jim Copland has an op-ed today in the WSJ explaining how current campaign finance rules magnify the influence of trial lawyers, as through the favored status of “bundling”. Excerpt:

Over the current six-year senatorial election cycle, four of the top seven donors to the campaign committee and leadership PAC of Senate Majority Leader Harry Reid (D., Nev.) were plaintiffs firms. Plaintiffs firms were the top two donors to Senate Majority Whip Dick Durbin (D., Ill.).

The first piece of legislation signed by President Obama—the Lilly Ledbetter Fair Pay Act of 2009 — gutted statutes of limitation in employment lawsuits. The first legislative triumph for new Sen. Al Franken (D., Minn.), an amendment to the defense appropriations bill, foreclosed employment arbitration clauses for federal contractors.

More from Jim at Point of Law, including a mention of Trial Lawyers, Inc.: K Street–A Report on the Litigation Lobby 2010, the newest installment in the Trial Lawyers, Inc. series, which will be available later today here.