In 2004, truck driver Simon Loza Mejia violated company regulations, and took his eight-year-old Diana Yuleidy Loza-Jimenez along on a long-haul trip from Oregon to Bakersfield. That November 27, he was pulling away in the truck, but apparently didn’t bother to check where his daughter was, and ran over her. This was, argued her attorneys, the fault of her father’s employer—and a Sacramento County judge agreed with the argument that it was legally irrelevant that her father was the one who ran her over. Unsurprisingly, a jury ignorant of the facts awarded Diana, whose lower body was crushed, a jackpot verdict of $24.3 million, over $20 million of which was noneconomic damages. (Andy Furillo, “Sacramento jury awards record $24.3 million to girl run over by dad’s truck”, Sacramento Bee, Mar. 9 (h/t @BobDorigoJones)).
Posts Tagged ‘California’
Associated Press cadmium-in-jewelry panic, cont’d
Could the legislative results be even worse than CPSIA’s? The Handmade Toy Alliance notes that legislation in several states purports to ban all presence of the heavy metal, which is ubiquitously found in nature at small concentrations. The worst bills, they say, are pending in California, Illinois, New Jersey, and Connecticut. More: NJ.com (New Jersey bill)
February 24 roundup
- Adventures of a 28-year-old California foreclosure attorney [McSweeneys]
- National Enquirer ruled eligible for Pulitzer Prize consideration for John Edwards coverage [ABC, Guardian]
- Las Vegas attorney agrees to plead to unspecified charges in tort-mill scheme initially described by prosecutors as massive [ABA Journal, earlier here and here]
- Expect demands for greater regulation of general aviation after Austin attack [Skating on Stilts]
- Dear firm colleagues: does Morocco has an extradition treaty with the U.S.? Need to know quickly [Lowering the Bar] Related on Scott Rothstein: do not purchase investment advice from persons with gold toilets;
- Is a Texas prosecutor seeking to criminalize workplace accidents? [Bennett, Defending People]
- Cold comfort dept.: lawprof tired of people carrying on about being dragged through litigation, it’s not as if they’re being held liable [Howard Wasserman, Prawfsblawg]
- Iceland’s free-press project “is largely symbolic – which is not to say unimportant” [N.Y. Times quoting David Ardia, earlier]
“Do you have a possible court case where you really want to ‘get’ someone?”
Chris Fountain brings us a truly over-the-top California lawyer website: “For us, the other side is not merely an opponent—they’re the enemy! For us, litigation is war. We’ve given the term ‘scorched earth litigation’ new meaning … We carpet bomb the other side with discovery, and our deposition questions are like hellfire missiles.”
And the sequel he finds on Facebook is even funnier.
Update: Sacramento’s Squeeze Inn
These are the last few days to visit the oddball eating establishment before it moves to more conventional and less cramped quarters precipitated by an ADA lawsuit [Sacramento Bee]
Hundreds of California lawyers investigated over alleged loan modification abuses
It would appear that a lot of bad practices went on, but San Diego discipline-defense attorney David Cameron Carr at his nicely named blog KafkaEsq cautions against rushing to judgment.
January 16 roundup
- Caution: Warning label overload. Why wacky warnings matter. [Ted Frank @ Sphere]
- Further evidence of efficiency of product liability limits when federal safety regulation is already in place. [Philipson/Sun/Goldman NBER Working Paper No. 15603]
- Army seeks to court-martial soldier in Afghanistan for possessing “child pornography” when his mother sends him family photos that include a four-year-old in a swimsuit. [AP/WaPo via Riehl; WQAD]
- Burger King coffee is hot, too. [Virginian-Pilot]
- The “slush pile” disappears, in part because of fear of plagiarism litigation. [WSJ]
- Schwarzenegger faces fight on his proposed tort reforms. [Legal Newsline (I’m quoted)]
- I’m speaking at NYU Law January 21 at an American Constitution Society panel on class action issues. [NYU Law]
- Off topic, but I believe that this may be the first time I’ve been listed in the index of a book.
California’s ADA filing mills
They contribute to the state’s bad reputation as a place to do business [Cal Civil Justice]
California disabled-access filing mills
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]
Central Valley taxpayers shell out
Civil rights suits are causing a stir in California local government: “The downsides weigh heavily in landmark lawsuits against Modesto and Stanislaus County, which have cost taxpayers $8.3 million and counting, and have not produced more minority office holders or new sidewalks or better storm drains.” [Modesto Bee]