A new state law doesn’t seem to have curbed their activities as much as some were hoping, but at least it may have put a crimp in some of their bigger monetary demands. [California Civil Justice]
Compelled expression and the New Mexico photographer case
A New Mexico court has upheld state-levied fines against a photographer who refused a job taking pictures at a same-sex wedding (Elane Photography v. Willock). Eugene Volokh, who has written about the case previously, now has a series of posts on the implications of the court’s effort to force creators to “create speech that they don’t want to create.” He also adds posts on the religious accommodation angle, the inevitable what-about-racists objection, and the role of state laws prohibiting “discrimination” against customers based on their political beliefs. More: Timothy Kincaid, Box Turtle Bulletin (“time for New Mexico to change its law. …ultimately what kind of freedom will we have won to live our lives as we see best if it costs the freedom of others to do the same?”).
“British Restaurant Makes Customers Sign Plum Pudding Release”
The High Timber restaurant in London is seeking to protect 
itself because it follows the traditional practice of including the occasional coin or silver charm for lucky diners to happen upon. [Zincavage] Similarly in this 2005 dispatch (supermarket pudding); for the parallel custom of baking figurines into New Orleans king cake, see these posts.
“When Lawsuits Backfire: The Georges Marciano Tale”
A “rags-to-riches-to-rags-because-of-too-much-litigation story”; the entrepreneur famous for Guess jeans insisted on pursuing lawsuits against former employees even when his own forensic accountants failed to back up his charges against them. [WSJ Law Blog, Los Angeles Times]
“Wal-Mart Wins Suicide Case in Illinois”
Honda fuel economy settlement
Objectors, including the offices of Texas Attorney General Greg Abbott and 25 other AGs, say the coupons, free instructional DVD and other benefits to the class aren’t very valuable. Lawyers are slated to get $2.95 million. [Christopher Jensen, NYT “Wheels” blog; Center for Class Action Fairness (h/t Ted in comments)]
December 16 roundup
- Depiction of violence? School said to require psychiatric evaluation of eight year old over drawing of crucifix [Taunton, Mass. Daily Gazette] Update: More complicated than that? School officials call report inaccurate [Boston Globe, Michael Graham]
- “US games company sues British blogger” [Evony, in Australia, Guardian; our earlier coverage here and here]
- Blawg Review #242, on a Chanukah theme, is by Ron Coleman at Likelihood of Confusion;
- Repetitive head injury: “Assumption of risk and football” [Magliocca, ConcurOp]
- If you like CPSIA you may love proposed new chemical regulation law, TSCA [Deputy Headmistress]
- If we had to adopt the Precautionary Principle consistently, well, odds are we wouldn’t [Somin/Volokh]
- “Sex Offender Law Nabs Man Shooting Hoops in His Driveway” [Radley Balko, The Agitator]
- Funny: “How Not To Go From Banking To Law School” [Helen Coster, McSweeney’s via John Carney]
“The year’s 10 most infamous lawyers”
One reason it’s not definitive: there are still fifteen days left. [Erin Geiger Smith, Business Insider]
Annals of trademark infringement
Clothing maker North Face sues humorous knock-off clothing maker South Butt. [St. Louis Post-Dispatch, Columbia Missourian, ABA Journal] Plus: Ann Althouse on the disclaimer that didn’t work as a lawsuit deflector.
“Colorado Supreme Court upholds ban of smoking on stage”
The state’s high court “voted to uphold lower-court decisions barring cigarette use in performances. … a coalition of state and national theater groups [had] argued in multiple courts that the ban infringed on free-speech rights and interfered with their abilities to accurately produce plays.” [Denver Post, OnPoint News (outspoken dissent by Justice Gregory Hobbs), Michelle Minton/CEI “Open Market”, Declarations and Exclusions]