Hurricane Katrina legal aftermath, cont’d: “About 200 lawsuits have been filed in Louisiana alleging that these institutions [hospitals and nursing homes] are liable for the deaths and for the suffering of other patients who survived because corporate failure to plan adequately for flooding and implement evacuation constituted negligence or medical malpractice.” [New York Times] (& welcome Above the Law, On the Record readers)
Prizes baked into food, cont’d
The New York Times has more on the customs surrounding the traditional French galette des rois baked with little figurines inside, though it does not get into the possible legal or regulatory angles that might prohibit placing such items in interstate commerce. In this case they’re prepared by a licensed home baker in Larchmont, N.Y. For the cases of New Orleans king cake, Christmas puddings, Kinder Surprise candy, etc., see earlier posts.
P.S. For more on Epiphany traditions of “Twelfth Cake,” see Christine Lalumia/BBC, David Zincavage, and KatInTheCupboard/Flickr (1937 children’s book).
Update: “Apple wins appeal over alleged iPod hearing loss”
The Ninth Circuit affirmed a 2008 lower court ruling throwing out the class action against Apple [Reuters, Food Liability Law, earlier here and here]. More: California Civil Justice.
“Lawyer: Man who slipped on cruise ship deserves every penny of $9.5 million”
“I strongly disagree that this case is a classic example of the legal system run amok; in truth, it is a classic example of justice being served,” said David Brill, Florida-based attorney for plaintiff Danny Simpson, a fitness instructor on Norwegian Cruise Line’s Norwegian Crown who slipped on a wet floor area. [Gene Sloan, USA Today “Cruise Log” blog]
Their escheatin’ heart
Washington, D.C. wants to grab unused minutes on phone calling cards. [Radley Balko, Reason “Hit and Run”] Related: Scott Smith, Washington Legal Foundation.
January 3 roundup
- “A Patient Dies, and Then the Anguish of Litigation” [Joan Savitsky, NYT, more]
- “Kern County’s Monstrous D.A.” [Radley Balko]
- “Former N.Y. Judge Sentenced to 27 Months in Jail for Attempted Bribery” [NYLJ]
- “ADA Online: Is a Website a ‘Place of Public Accommodation’?” [Eric Robinson, Citizen Media Law, background here and here]
- “The New Climate Litigation: How about if we sue you for breathing?” [WSJ editorial]
- Saratoga school district agrees to overregulate, rather than ban, students’ bikes [Free-Range Kids, earlier]
- “Head of BigLaw pro bono department fails to pay income taxes for 10 years? How’s that happen?” [WSJ Law Blog]
- Municipal subprime suits: “The Most ‘Evil’ Lenders Are Also, Conveniently, The Richest” [Kevin Funnell; more at Point of Law]
New Year’s Day musing
Florida’s Sugar Bowl blowout of Cincinnati (the game wasn’t even as close as its 51-25 final score, given the 37-3 third quarter lead) is a rebuke to efforts to regulate the BCS, though admittedly the US would be better off if Congress dropped its current agenda and spent 2010 in hearings and debates over the optimal means of determining the college football champion.
“There Is No Joy In Toyland”
Former Congresswoman Anne Northup, now a commissioner at the Consumer Product Safety Commission, 
had an op-ed in the Journal last week on the continuing damage being wrought by the Consumer Product Safety Improvement Act (CPSIA). Related: Rick Woldenberg (“Big Toy may be prospering right now, but the little guy is getting killed”). And Karen Raugust at Publisher’s Weekly has a year-end status report on the unpleasant effects of the law on various segments of the kids’ book business, including retailers, “book-plus” and novelty book makers, and one of the most seriously endangered groups, sellers of vintage children’s books.
PUBLIC DOMAIN IMAGE from Elise Bake, Der Ball Der Tiere (“The Animals’ Ball”, German, 1891), courtesy ChildrensLibrary.org.
Illicit Christmas woodburning
A Bay Area crackdown nets 47 holiday violators of the fireplace ban [Contra Costa Times via David Freddoso, Examiner] Earlier here, here, etc.
December 31 roundup
- “Court to Plaintiffs: You Have Zero Forum Shopping Days until Xmas” [Jackson; New Yorker seeks to refile pharmaceutical case in Minnesota to overcome statute of limitations defense]
- Miller-Jenkins battle: Mathew Staver of whimsically named Liberty Counsel won’t comment on whether client has kidnapped child in pursuit of continued defiance of court order [BTB, WSJ Law Blog, background]
- “How many college football coaches have law degrees?” [Above the Law; Mike Leach vs. Texas Tech] More: Michael McCann, Sports Law; Carter Wood at Point of Law.
- “Struck by a restaurant’s decor” good if it’s just a figure of speech, bad if it’s falling taxidermy [Lowering the Bar]
- Trial lawyer message in support of med-mal litigation falls on some credulous ears in media [White Coat]
- On airport whole-body imaging, some privacy advocates seem to have changed tune [Stewart Baker]
- “Litigant Guru of Gwinnett, Georgia Loses Lawsuit” [sanctioned over defamation claim; Bad Lawyer via AtL]
- Step right up and win cash for your vote in the ABA’s blogospheric beauty pageant [Scott Greenfield] Update: contest wraps up [Legal Blog Watch]