Posts Tagged ‘Canada’

Update: Ness Motley to fight misconduct verdict

Not unexpectedly, the billionaire tobacco/ asbestos plaintiff’s law firm says it will contest a jury’s $36 million verdict, including $28 million in punitive damages, for having allegedly placed its own financial interests ahead of those of its clients in a class action settlement over a Canadian telemarketing swindle (see Jul. 7). The verdict is said to be the second-largest against a law firm in the past ten years: “‘Anytime you see an award of that magnitude, you can expect the jury senses lawyer greed, and that angers them,’ said Joe McMonigle, a San Francisco attorney and former chairman of the American Bar Association’s committee on lawyers’ professional liability.” (Frank Norton, “Reputations hinge on Ness Motley appeal”, Charleston Post & Courier, Aug. 3; “Lowcountry law firm contesting verdict in legal ethics case”, AP/The State (Columbia, S.C.), Aug. 4).

Meanwhile, two lawsuits by former Ness Motley attorneys are painting an unattractive picture of life inside the giant firm, which is now known as Motley Rice (more than two dozen attorneys and employees quit and formed a second firm, Richardson, Patrick, Westbrook and Brickman.) In one case, dissident attorneys have asked a judge to ground a $13 million Dassault Falcon used by star lawyers Ron Motley and Joe Rice; in another, a female attorney charges a pattern of sexual harassment and misconduct at the firm, which it strenuously denies (Tony Barthelme, “Court filings shed light on Ness Motley schism”, Charleston Post & Courier, Aug. 22).

Update: new trial in Ont. you-let-me-drive-drunk case

The Ontario Court of Appeal last fall ordered a new trial in the case in which Linda Hunt had sued her employer for letting her drink too much at an open-bar office holiday party, contributing to her later car crash (see Feb. 7-8, 2001). The employer defendant, a realty company, “appealed on a number of grounds but succeeded on only one, which was that the trial judge had [incorrectly] discharged the jury on the grounds that the case was too complex.” (case summary by James Thomson and Gerard Chouest, Paterson McDougall LLP, Oct. 1, 2002; Filion Wakely Thorup Angeletti, case summary, undated (PDF)). Further update: executive editor Michael Fitz-James of Canadian Lawyer magazine writes to inform us that the parties settled the case last winter after the appellate ruling.

Gambler sues casinos for failing to exclude her

Canada: 37-year-old Lisa Dickert “and her husband Steven have filed a $1-million lawsuit against the Ontario Lottery and Gaming Corp.” for failing to exclude Ms. Dickert, a compulsive gambler, from the casinos where she gambled away her savings. She had entered a voluntary casino self-exclusion program, but her suit argues that the casinos did little or nothing to enforce the exclusion. (Victor Malarek, “A gambler’s rehab gone wrong”, The Globe and Mail, Jul. 30)(more on gambling suits: May 20-21, 2002).

Canada: Protect Thyself, Get Arrested

Twice in June, Raj Singh Valcha and Harjeet Singh Saini’s corner store was burglarized. Total cost: $42,000. Total arrests: Zero. Their reply: Take shifts with an aluminum bat, lying in wait for the inevitable third strike. They didn’t have to wait long — before the month was out, they were burglarized again. One criminal was incapacitated, the other escaped. And the storeowners? Cited for aggravated assault. To make matters worse, a reader writes: “Of course the editorials are against defending your own property.” Of course. The first-year law student prospective? No shock here either. When we heard our torts professor mention burglars who slip and fall and sue the would-be victims, mouths drop, people laugh in disbelief, but hey, that wears off by the third day of class. (“Vigilante policing no way to fight crime,” Montreal Gazette,
Jul. 2; also check out a letter to the contrary: “Law now favours robbers and oppressors,” Undated).

In honor of Canada Day

The Loewen Group is a Canadian funeral home company that was the victim of a runaway Mississippi jury that held it liable for $500 million in damages in 1995 for ostensible antitrust damage to a local funeral home company worth less than $10 million. The company could not post the $625 million bond that was a prerequisite for appeal, and was forced to settle for $175 million. Loewen sued the US under NAFTA provisions prohibiting discrimination against foreign investors. The tribunal called the verdict a “disgrace,” but held that it was not a violation of NAFTA.

Archived Canadian items, pre-July 2003

‘Father files suit after son fails to make MVP award’” (hockey, New Brunswick), Nov. 8-10, 2002.

‘Sorry, Slimbo, you’re in my seats’“, June 7, 2001 (& updates Dec. 15-16, 2001, Oct. 25-27, 2002); “Obese fliers“, Dec. 20, 2000; “Welcome Toronto Star readers” (Jason Brooks column, disabled rights), Sept. 27-28, 2000. 

Personal responsibility, 2002:Skating first, instructions later” (Edmonton), Sept. 25-26; “‘Woman freezes; sues city, cabbie’” (Winnipeg), Sept. 18-19; Personal responsibility roundup” (social host alcohol liability), Sept. 12; “Paroled prisoner: pay for not supervising me“, Jan. 4-6.  2001:Don’t rock the Coke machine“, July 20-22; “‘Gambling addiction’ class action” (Loto-Quebec), June 20 (& update May 20-21, 2002; “‘Woman who drove drunk gets $300,000’” (Barrie, Ont.), Feb. 7-8; “By reader acclaim” (sues alleged crack dealers over own addiction), Jan. 11.  2000:Not my fault, I” (woman who murdered daughter sues psychiatrists), May 17; “Blue-ribbon excuse syndromes” (Metis Indian defendant allowed to cite cultural oppression as defense to stabbing charge), Feb. 12-13. 

Cash demanded for drug users and panhandlers inconvenienced by film crews” (Vancouver), Aug. 23-25, 2002. 

Activist judges north of the border“, May 31-Jun. 2, 2002 (& letter to the editor, Jun. 14). 

Flowers, perfume in airline cabins not OK?“, May 17-19, 2002; “Scented hair gel, deodorant could mean jail time for Canadian youth“, Apr. 24, 2000. 

‘Unharmed woman awarded $104,000’” (Manitoba chemical exposure), May 6, 2002. 

‘Targeting “big food”‘” (Lemieux, National Post), Apr. 29-30, 2002. 

Pharmaceutical roundup” (silicone implants popular), Apr. 16-17, 2002. 

Web speech roundup” (flag logo on website), Mar. 25-26, 2002. 

Tribulations of the light prison sleeper“, Mar. 25-26, 2002; “Prison litigation: ‘Kittens and Rainbows Suites’” (cellmate’s smoking violates rights), Jan. 11-13; “Paroled prisoner: pay for not supervising me“, Jan. 4-6, 2002. 

Couldn’t order 7-Up in French” (suing Air Canada for $525,000), Mar. 18, 2002; “Gotta regulate ’em all” (Quebec official upset that Pok?n cards not in French), Dec. 16, 1999. 

Stop, they said” (Manitoba: stop sign too vague?), Feb. 4-5, 2002. 

Planners tie up land for twenty years” (plus B.C. land use story), Jan. 18-20, 2002. 

Family law, 2002:‘Avoiding court is best defence’” (Dave Brown), Jan. 14-15.  2001:‘Crying wolf’” (Christie Blatchford on sexual abuse charges), Oct. 30; “Why she’s quitting law practice” (Karen Selick), Aug. 13-14; “Canadian court: divorce settlements never final“, May 15; “‘Victim is sued for support’“, Feb. 9-11; “Solomon’s child” (Donna LaFramboise), Jan. 26-28.  2000:Pilloried, broke, alone” (LaFramboise on “deadbeat dads”), April 10.  1999:Down repressed-memory lane: distracted when she signed” (Ont. judge voids separation agreement), Dec. 29-30. 

Front-row spectator sues ‘reckless’ exotic dancer” (B.C.), Jan. 7-8, 2002; “Embarrassing Lawsuit Hall of Fame” (injured by exotic dancer in Ottawa), Aug. 14, 2000; “‘Toronto Torch’ age-bias suit” (stripper in Brantford), May 23, 2000. 

Overlawyered schools roundup” (challenge to Ontario standards), Dec. 7-9, 2001. 

Columnist-fest” (asylum policies), Nov. 27, 2001; “Opponents of profiling, still in the driver’s seat” (Air Canada), Nov. 2-4; “Security holes: to the North…” (anti-terrorism security), Sept. 14-16, 2001. 

‘Hate speech’ law invoked against anti-American diatribe“, Oct. 17-18, 2001; “Most unsettling thing we’ve heard about Canada in a while” (hate speech laws), Dec. 17-19, 1999. 

‘Hama to sue bridge owners over her daughter’s fall’” (Capilano Suspension Bridge, Vancouver), Oct. 8, 2001. 

Fear of losing welfare benefits deemed coercive” (N.S.), Oct. 3-4, 2001. 

Zero tolerance, etc.:John Leo on Overlawyered.com” (Halifax: snowball-like gestures banned), Aug. 15, 2001; “Fateful fiction” (Cornwall, Ont.), Jan. 30, 2001; “Hug protest in Halifax” (school’s no-physical-contact policy), March 2, 2000; “Zero tolerance roundup” (Windsor: 11-year-old’s fictional school essay), Dec. 27-28, 1999. 

Why she’s quitting law practice” (Karen Selick), Aug. 13-14, 2001. 

Welcome Bourque.org readers“, June 26, 2001. 

‘Dead teen’s family sues Take Our Kids To Work’“, May 31, 2001. 

Holiday special” (misconduct by N.B. lawyer), May 28, 2001. 

‘Insect lawyer ad creates buzz’” (Torys, Toronto), May 23, 2001; “‘Not-a-Lawyer’” (Vancouverite’s business card), Feb. 10-11, 2000. 

Columnist-fest” (Mark Steyn on Indian residential schools), May 1, 2001; “Bankrupting Canadian churches?“, Aug. 23-24, 2000. 

Canada’s secret legal aid“, April 10, 2001. 

Putting the ‘special’ in special sauce” (alleged rat in Big Mac”, March 29, 2001. 

Saves her friend’s life, then sues her“, Jan. 3, 2001. 

Canada reins in expert witnesses“, Nov. 22-23, 2000. 

Malpractice outlays on rise in Canada“, Oct. 2, 2000. 

‘Mother sues over lack of ice time for goalie son’” (Quebec), Sept. 11, 2000. 

‘Mugging victim “stupid”, judge says’” (Winnipeg case), Aug. 2, 2000. 

‘Skydivers don’t sue’“, May 26, 2000 (update July 6: Canadian diver prevails in suit against teammate). 

Cash for trash, and worse” (“Vancouver solution” for Microsoft?), June 26, 2000. 

Welcome Montreal Gazette readers” (columnist Doug Camilli cites this website), June 7, 2000; “Trop d’avocats.com” (we are recommended by the Gazette), Oct. 18, 1999. 

‘More lawyers than we really need?’” (aftermath of Walkerton, Ont. E. Coli outbreak: columnist cites this website), June 2-4, 2000. 

Less suing = less suffering” (Sasketchewan no-fault auto study), April 24, 2000 (& update June 26). 

Swissair crash aftermath” (Peggy’s Cove disaster in U.S. courts), March 14, 2000; “Montreal Gazette ‘Lawsuit of the Year’” (bagpipers sue Swissair for lost income), Jan. 17, 2000. 

‘Girl puts head under guillotine; sues when hurt’“, March 8, 2000. 

Ontario judge okays hockey-fan lawsuit“, Jan. 12, 2000; “Spreading to Canada?” (hockey fan sues Alexei Yashin), Oct. 20, 1999. 

Update: toilet of terror” (Canadian tourist visits Starbucks in NYC, sues), Dec. 8, 1999; “Starbucks toilet lawsuit“, Dec. 1, 1999. 

Mounties vs. your dish” (satellite regulations), Nov. 1, 1999. 

Sensitivity in cow-naming“, Oct. 21, 1999; “Weekend reading” (Bugs Bunny television complaint), Aug. 21-22, 1999. “You may already not be a winner” (prisoner suit over sweepstakes entry), Aug. 23, 1999.


For a discussion of the loser-pays principle, which Canada has retained to a considerable extent in its courts, see our loser-pays page

Archived family law items, pre-July 2003

[probate and estate law cases]

Decorating for reconciliation“, May 29, 2003.

Pet custody as legal practice area“, Feb. 17, 2003; “Officious intermeddlers, pet division” (lawyers intervene on behalf of couple’s cats and dogs), May 14-15, 2002.

Custody and visitation, 2003:‘The Politics of Family Destruction’” (Stephen Baskerville), Jan. 7-8. 2002:Rethinking grandparent visitation“, Oct. 21; “‘Avoiding court is best defence’“, Jan. 14-15. 2001:Columnist-fest” (John Tierney), May 25-27; “Solomon’s child“, Jan. 26-28.  1999:Spreading to Australia?” (smoking and child custody), Dec. 29-30; “Chicago’s $4 million kid” (custody battle royal), Sept. 17-19.

Child support, 2003:‘The Politics of Family Destruction’” (bans on fathering more children), Jan. 7-8 (& Nov. 28, 2001). 2001:Wrong guy?  Doesn’t seem to matter“, Aug. 7-8; “‘Judge orders parents to support 50-year-old son’“, Aug. 7-8. 2000:State errors unfairly cast some dads as deadbeats“, Sept. 8-10; “Not child’s father, must pay anyway” (plus: “throwaway dads”), May 22; “Pilloried, broke, alone” (Donna LaFramboise on “deadbeat dads”), Apr. 10. 1999:Beating up on ‘deadbeat dads’“, Aug. 23.

Lawyers fret about bad image“, Oct. 3, 2002.

Hizzoner’s divorce, settled at last“, Jul. 16-17, 2002.

Lawyer’s 44-hour workday” (social service agency, uncontested adoptions), Jun. 28-30, 2002. 

Anti-circumcision suit advances“, Aug. 19, 2002; “By reader acclaim: suing over circumcision“, Feb. 28-March 1, 2001; “Folk medicine meets child abuse reporting” (“coining” of skin), May 31-Jun. 2, 2002. 

Restraining orders:‘The Politics of Family Destruction’“, Jan. 7-8, 2003; “A menace in principle“, Mar. 4, 2002; “Fateful carpool“, Aug. 23-24, 2000; “Stay away, I’ve got a court order“, Aug. 11-13; “Recommended reading” (Dan Lynch in Albany Times-Union), Jan. 25, 2000; “Hitting below the belt“, Oct. 26, 1999; “Injunctive injustice“, Oct. 14; “Weekend reading” (“Why is Daddy in jail?…For the crime of wanting to see his child”), Sept. 25-26, 1999; “Hitting below the belt” (Cathy Young, Salon). 

Mom wants to be sued” (for negligent injury to fetus), Jan. 4-6, 2002.

‘Wrongful life’ comes to France“, Dec. 11, 2001; “Meet the ‘wrongful-birth’ bar“, Aug. 22-23 (& letter to the editor, Sept. 3; more on wrongful birth/life: Jan. 9-10, May 20-21, Jul. 1-2, 2002; Nov. 22-23, Sept. 8-10, June 8, May 9, Jan. 8-9, 2000).

Women’s rights: British law, or Islamic?“, Nov. 13, 2001.

Rush to reconcile“, Sept. 27, 2001. 

Why she’s quitting law practice” (Canadian lawyer Karen Selick), Aug. 13-14, 2001. 

Canadian court: divorce settlements never final“, May 15, 2001; “Down repressed-memory lane II: distracted when she signed” (separation agreement), Dec. 29-30, 1999. 

‘Halt cohabiting or no bail, judge tells defendants’” (1805 N.C. law), May 8, 2001; “Dusting ’em off” (old laws against “alienation of affection”, cohabitation), May 18-21, 2000. 

‘State running background checks on new parents’” (Michigan), Apr. 3-4, 2001; “Expanding definitions of child abuse“, Feb. 16-19, 2001; “Battered?  Hand over your kids“, July 13, 2000. 

‘Victim is sued for support’” (Canada: husband shot by wife may have to pay her), Feb. 9-11, 2001; “Pay us for this service” (husband dunned for cost of defending wife charged with murdering their kids), Dec. 22, 1999. 

Do as the Douglases do” (pre-nuptial agreements), Jan. 10, 2001. 

Behind the subway ads” (1-800-DIVORCE, etc.), Dec. 18-19, 2000; “State of legal ethics” (ad for will-contest litigation), Oct. 5-6; “Honey, you’ve got mail” (solicitations from divorce lawyers arrive before unsuspecting spouses know they’re being divorced), July 15, 1999. 

Family law roundup” (English couple’s divorce costs ?840,000; frequent flier miles argued over; charges of clubby Marin County, Calif. courts), Nov. 7, 2000. 

Dangerous divorce opponents” (when spouse is lawyer), Sept. 21, 2000. 

The asset hider“, May 16, 2000; “No, honey, nothing special happened today” (woman seeking divorce fails to tell husband she just won California lottery), Nov. 20-21, 1999. 

Columnist-fest: liberal aims, illiberal means” (Stuart Taylor on same-sex marriage, William Raspberry on grandparents’ rights), Feb. 24, 2000. 

Scorched-earth divorce tactics?  Pay up” (Massachusetts decisions adopt loser-pays as sanction), Jan. 31, 2000. 

Dear Abby: Please help…” (sue married man for breach of promise to follow through on divorce?), Jan. 11, 2000. 

Christmas lawyer humor” (Richard Crouch, “Joys of the season for divorce lawyers”), Dec. 23-26, 1999. 

Splitsville, N.Y.” (New York magazine cover story), Dec. 17-18, 1999. 

Weekend reading” (some celebrities tuck nondisclosure contracts into the envelope with wedding invitations), Aug. 7-8, 1999.



Articles by Overlawyered.com editor Walter Olson:

Free To Commit” (Louisiana covenant marriage law), Reason, October 1997. 

At Law: Divorce Court New York Style“, City Journal, Spring 1993. 

Kidlib and Mrs. Clinton: The Hand that Rocks the Cradle” (children’s rights), National Review, May 11, 1992. 

Suing Ourselves to Death“, (vagueness of custody standards; excerpt, The Litigation Explosion), Washington Post, April 28, 1991.


Countless websites deal with divorce, custody and other family-law topics. A great many of these are put up by persons outraged at what they’ve gone through in their own experiences in court.  Among sites with a reformist focus, many align themselves with one or another camp among family roles: thus there are sites that focus on husbands’ legal woes and those that focus on wives’; sites for custodial and for non-custodial parents, for birth parents, for adoptive parents and for adoptees; and so forth.  Yet dissatisfaction with the legal system’s handling of family breakup, and outrage at exorbitant costs, tactical gamesmanship, judges with too much arbitrary power, unreliable expert opinion, and outright perjury and invention, are themes that weave through sites from all sides.  Indeed, one lesson from comparing a variety of sites is that innocent parties of every sex, age and condition are victimized by legal hardball — and that the process produces many more losers than winners. 

Books of interest:

Karen Winner, “Divorced from Justice : The Abuse of Women and Children by Divorce Lawyers and Judges
Cathy Young, “Ceasefire! Why Women and Men Must Join Forces to Achieve True Equality“. 
Richard Ofshe and Ethan Watters, “Making Monsters: False Memories, Psychotherapy, and Sexual Hysteria” 
Margaret Hagen, “Whores of the Court: The Fraud of Psychiatric Testimony and the Rape of American Justice” (currently unavailable)

Archived technology law items, pre-July 2003

[intellectual property, patent, copyright and trademark cases]

[Microsoft legal woes]

Web liability issues, 2002:‘Google sued over search ratings’“, Nov. 6; “AVweb capitulates to defamation suit“, Sept. 16-17 (& Sept. 18-19); “Defying the link-banners“, Aug. 22; “PetsWarehouse.com defamation suit, cont’d” (linking, metatags), May 22-23 (& May 27, 2002, Aug. 6, 2001); “A DMCA run-in” (linking to copyright violation), Apr. 16-17; “Web speech roundup“, Mar. 25-26; “Columnist-fest” (N.Y. Times v. Tasini), Feb. 11-12; “Web defamation roundup“, Jan. 18-20.  2001:KPMG” (company thinks it can prohibit linking to its site), Dec. 11; “Words as property: ‘entrepreneur’” (domain name dispute), Nov. 1; “University official vs. web anonymity“, Oct. 30; “Domain-name disputes are busting out all over“, June 29-July 1; “Anonymity takes a D.C. hit” (Italy licenses web publishers), May 21; “Scientologists vs. Slashdot“, March 19-20.  2000:Yahoo pulls message board“, Oct. 18; “‘Regulating Privacy: At What Cost?’” (Swedish privacy laws), Sept. 20; “Web-copyright update: ‘Dialectizer’ back up, ‘MS-Monopoly’ down“, Aug. 16-17; “Dangers of linking“, June 7; “Illegal to talk about drugs?“, May 30; “‘Dialectizer shut down’“, May 18-21; “eBay yanks e-meter auctions” (copyright claim), May 3; “Terminix vs. consumer critic’s website” (metatags), Mar. 31-Apr. 2; “More assertions of link liability” (DVD hack), Dec. 31-Jan. 2.  1999:Link your way to liability?” (professor sues over “course critique” website), Nov. 15 (& update Oct. 10, 2000); “We ourselves use ‘sue’” (competitors’ names used as metatags), Sept. 25-26; “‘Don’t link or I’ll sue’” (“deep linking” suits), Aug. 13 (& update April 5, 2000: court rules deep linking not violation).  Plus: our 404 message; & see data collection, disabled access issues

Website accessibility:‘Judge: Disabilities act doesn’t cover Web“, Oct. 22, 2002; “Website accessibility law hits the U.K.” (Scotland), May 7, 2001; “Olympics website’s accessibility complaint“, Aug. 16-17, 2000; “Disabled accessibility for campaign websites: the gotcha game“, July 19-20; “Welcome readers” (Intellectual Capital), June 19; “ADA & the web: sounding the alarm“, May 24; “Access excess“, May 2; “ADA & freedom of expression on the Web“, Feb. 10-11; editor’s testimony before House Judiciary Committee, Feb. 9, 2000; “Accessible websites no snap“, Dec. 21, 1999; “AOL sued for failure to accommodate blind users“, Nov. 5, 1999. 

Toshiba settlement, bug and glitch liability, 2002:7,000 missing colors, many of them crisply green“, Aug. 29. 2001: Update: Compaq beats glitch suit“, May 11-13; “‘Lawyers to Get $4.7 Million in Suit Against Iomega’” (zip drive defect allegations), May 8.  2000:‘Laptop lawsuit: Toshiba, feds settle’“, Oct. 25; “In praise of bugs“, May 1; “Silicon siege” (CNet report), April 7-9.  1999:Toshiba and Ford, in the same boat“, Dec. 2; “Don’t redeem that coupon!“, Nov. 24-25; “Class actions vs. high-tech“, Nov. 23; “How I hit the class action jackpot” (Stuart Taylor, Jr.), Nov. 17; “More details on Toshiba“, Nov. 5-7; “Toshiba flops over“, Nov. 3. 

Email and liability:Employers liable for not filtering raunchy spam?“, Apr. 10-13, 2003; “Big fish devour the little?” (listserv defamation, aquatic plants case), Aug. 6, 2001; “E-privacy invasion made simple“, Feb. 14-15, 2001; “Watch those fwds” (subpoenas of bulletin board postings; Dow Chemical fires employees for email use), Aug. 21-22, 2000; “Hold your e-tongue” (emails “can kill you in a courtroom”), Nov. 9, 1999; “Please — there are terminals present” (Bloomberg email system censors bad words), Jul. 30; “‘Destroy privacy expectations’: lawyer” (tell workers their email and hard drives are open to company inspection), Jul. 26, 1999. 

Data collection, privacy issues, 2001:Vast new surveillance powers for state AGs?” (Carnivore), Sept. 25-26, 2001; “Brace for data-disaster suits“, May 29; “Anonymity takes a D.C. hit“, May 21; “Update: cookie lawsuit crumbles“, May 9.  2000:‘Internet Usage Records Accessible Under FOI Laws’“, Nov. 14; “‘Regulating Privacy: At What Cost?’“, Sept. 20; “Feds’ own cookie-pushing“, July 5; “Insurers fret over online privacy suits“, May 26-29; “Thomas the Tank Engine, derailed” (COPPA children’s privacy law), May 25; “Web-advertisers’ apocalypse?“, April 20; “Chat into the microphone, please” (SEC plans automated trawling of bulletin boards for stock-hyping comments), April 11; “Silicon siege” (Yahoo), April 7-9; “Another S&W thing” (state AGs vs. DoubleClick), March 27; “Yahoo stalked me!” (privacy suits), March 2; “Cookies, dunked” (DoubleClick), Feb. 2. 

Home office regulation?:OSHA & telecommuters: the long view“, April 7-9, 2000; “Update: OSHA in full retreat on home office issue“, Jan. 29-30; “OSHA at-home worker directive“, Jan. 8-9; “OSHA backs off on home-office regulation“, Jan. 6; “Beyond parody: ‘OSHA Covers At-Home Workers’“, Jan. 5, 2000. 

Y2K:Y2K roundup: poor things!” (much less litigation than expected), Jan. 21-23, 2000; “Litigation Bug Bites Into Democracy“, Jan. 13-14, 2000; “Y, oh Y2K?” (“sue and labor” insurance claims), Sept. 16, 1999 (& see updates Dec. 26-28, 2000 and Nov. 2-4, 2001: courts tend to rule against such claims).


Other Overlawyered.com commentaries:

Intel sued in notorious county“, Aug. 30-Sept. 2, 2002. 

Sic ’em on Segway“, Aug. 1, 2002; “Segway, the super-wheelchair and the FDA“, Dec. 12, 2001. 

‘Every Man a Cyber Crook’“, Feb. 6-7, 2002. 

Draconian hacker penalties?“, Sept. 28-30, 2001. 

‘Lawsuit demands AOL stop anti-Islamic chat’“, Sept. 3, 2001; “EEOC: unfiltered computers ‘harass’ librarians“, June 4, 2001. 

Dotcom wreckage: sue ’em all“, Aug. 7-8, 2001. 

Brace for data-disaster suits” (hacker attacks, viruses), May 29, 2001; “Suing Nike for getting hacked“, July 12, 2000; “Deep pockets blameable for denial-of-service attacks?“, Feb. 26-27; “Antitrust obstacles to hacker defense“, Feb. 10-11, 2000. 

Anonymity takes a D.C. hit“, May 21, 2001. 

Techies fear Calif. anti-confidentiality bill“, May 15, 2001. 

Internet service disclaimers“, Dec. 13-14, 2000. 

‘Stock Options: A Gold Mine for Racial-Discrimination Suits?’“, Dec. 11-12, 2000; “Feds’ mission: target Silicon Valley for race complaints“, Feb. 29, 2000. 

Labor law:Digital serfs?“, Jan. 26-28, 2001; “Goodbye to gaming volunteers?“, Sept. 12, 2000 (& update Oct. 3); “Why rush that software project, anyway?” (California overtime law), March 29; “Microsoft temps can sue for stock options“, Jan. 11, 2000 (& see Feb. 17; letters, Dec. 20); “‘Click here to sue!’” (AOL volunteer suit), Sept. 7, 1999; “Click here to sue!” (employee misclassification suits), Aug. 19, 1999. 

Tax software verdict: pick a number” (Mississippi verdict; government contracting), Sept. 5, 2000. 

Class-action assault on eBay“, July 13, 2000 (update Nov. 22-23; class action certified). 

‘Parody of animal rights site told to close’“, July 3-4, 2000 (& Aug. 29-30, 2001). 

A Harvard call for selective rain” (some Internet regulation, not too much), July 3-4, 2000. 

AOL ‘pop-up’ class action” (ads said to be unfair), June 27, 2000. 

Harassment-law roundup” (Internet startups vulnerable), May 4, 2000; “Dot-coms as perfect defendants” (sex harassment suits), Jan. 17; “Harassment-law roundup” (Juno cases), Feb. 19-21, 2000.. 

Silicon siege” (Ebay antitrust investigation, other cases; T.J. Rodgers warns against rapprochement with Washington), April 7-9, 2000. 

Terminix vs. consumer critic’s website“, March 31-April 2, 2000. 

Music stores sue Sony” (objecting to company-store hyperlinks included with CDs), Feb. 25, 2000. 

Silicon siege” (AOL 5.0 upgrade), April 7-9, 2000; “AOL upgrade’s sharp elbows“, Feb. 12-13, 2000. 

Green cards gather moss” (immigration delays), Feb. 4, 2000. 

Santa came late” (Toys-R-Us e-tailing shortfalls), Jan. 19, 2000; “Beware of market crashes” (online brokerages “probably” liable for computer outages), Nov. 26-28, 1999. 

Your fortune awaits in Internet law” (cybersquatting), Jan. 13-14, 2000; “Time to rent a clue” (domain name disputes), July 28, 1999. 

Rolling the dice, cont’d” (suits over online gambling), Dec. 7, 1999 (earlier report, Aug. 26). 

Mounties vs. your dish” (Canadian satellite law), Nov. 1, 1999. 

Founders’ view of encryption“, Oct. 29, 1999. 

In Houston, expensive menus” (junk faxes class action), Oct. 22, 1999 (update April 3, 2000: claims thrown out). 

Foam-rubber cow recall” (Gateway Corp. premium), Oct. 22, 1999. 

Feds: dissent on smoking = racketeering” (suit deems website advocacy unlawful), Sept. 23, 1999. 

Effects of shareholder-suit reform“, Sept. 22, 1999. 

Our award-winning errors” (this site’s 404 message), Aug. 14-15, 1999. 

Weekend reading” (word counts on litigators’ briefs), Aug. 7-8, 1999. 

Censorship via (novel) lawsuits” (lawyers blame school shootings on video games, Internet sites), July 22, 1999. 

Thought for the day” (Cravath’s Robert Joffe on foreign companies’ unwillingness to let American law govern contracts), July 11, 1999.

Archived workplace items, pre-July 2003

U.K. roundup” (perennial litigant), Jun. 12-15, 2003.

‘Resumé spam saddles employers’“, Jun. 3, 2003.

Fair Labor Standards Act, overtime and employee classification suits, 2003:Schools roundup“, Apr. 9.  2001:Wal-Mart- as-‘cult’-suit: it is about the money“, Jun. 14.  2000:Goodbye to gaming volunteers?“, Sept. 12 (& update Oct. 3); “Why rush that software project, anyway?” (California overtime law), March 29; “And so now everybody’s happy” (temps fired in wake of Microsoft decision), Feb. 17 (& see letters, Dec. 20); “Strippers in court” (challenge to independent contractor status), Jan. 28; “Microsoft temps can sue for stock options“, Jan. 11. 1999:Don’t call us professionals!“, Oct. 1-3; “Click here to sue!” (AOL volunteers who want to be recategorized as employees), Sept. 7; “Do as we say (I)” (overtime suit filed against Justice Department on behalf of its own lawyers), Aug. 30; “Click here to sue!” (Seattle law firm offers easy way to sign up for labor law class actions), Aug. 19.

It ain’t heavy to him, he’s my brother“, May 1-2, 2003; “Firehouse blues” (too-short firefighter), Feb. 20-21, 2002; “Non-pregnant rescuers, please“, Sept. 13, 2001; “Litigators vs. standardized tests, II: who needs sharp cops?“, Feb. 9-11, 2001; “Slow down, it’s just a fire” (Canadian high court strikes down firefighter speed test), Sept. 17-19, 1999; “Perps got away, but equity was served” (Lanning v. SEPTA: challenge to running test given to prospective transit cops), Sept. 15, 1999 (& Oct. 5-7, 2001, Oct. 25-27, 2002).

U.K.: ‘Killer wrongly sacked for axe attack’“, Apr. 7-8, 2003.

Maybe crime pays dept.” (annual roundup of weird employment and labor law cases), Apr. 1, 2003.

Their own petard, 2003:Wellstone campaign didn’t buy worker’s comp for its employees“, Feb. 6-9. 2002:‘Civil Rights Agency Retaliated Against Worker, EEOC Rules’“, Jun. 14-16; “‘Disability rights attorney accused of having inaccessible office’“, Apr. 25. 2001:EEOC sued for age bias“, Mar. 6.  2000:White House pastry chef harassment suit“, Sept. 18.  1999:Do as we say (I)” (overtime suit filed against Justice Department on behalf of its own lawyers), Aug. 30 (more).

Race-bias cases gone wrong“, Jan. 24-26, 2003.

Vt. high court: ALL-CAPS DISCLAIMER on front page of employee handbook not unambiguous enough“, Jan. 17-19, 2003.

Ninth Circuit panel sniffs collusion in bias settlement fees“, Dec. 16-17, 2002.

Public employee entrenchment, 2002:Munched zoo animals, gets six months severance” (Germany), Nov. 8-10; “Convicted, but still on their teaching jobs“, Jul. 10-11; “School told to rehire cocaine abuser“, Mar. 20-21.  2001:‘Poor work tolerated, employees say’“, Nov. 15.  2000:Reprimand ‘very serious’ for teacher” (had given 11-year-old girl money to buy marijuana), June 27; “‘Foreman who slept on job wins reinstatement’“, June 7; “From the labor arbitration front” (disallowed firing of Ct. town employee who pleaded no contest to larceny), March 28;  “Not to be dismissed” (unfireable workers, Canada and U.K.), Feb. 25. 1999:Better than reading a lunchtime novel” (IRS employee sues; fired for accessing taxpayers’ personal returns 476 times), Oct. 25; “Undislodgeable educators” (teacher peer review undermined by tenure legalities), Aug. 18.

‘Nannies to sue for racial bias’” (U.K.), Oct. 30-31, 2002.

Looking back on EEOC v. Sears” (sex discrimination, statistics and history), Oct. 28-29, 2002.

Appearance and authenticity, 2002:‘Demand for more ugly people on TV’” (Norway: higher “ugly quotas” sought), Oct. 21. 2001:Facial-jewelry discrimination charged“, Jul. 2; “Pregnant actress complains at being denied virgin role“, Jun. 21; “‘Fired transsexual dancers out for justice’“, Mar. 23-25.  2000:Appearance-blind hiring?“, Dec. 26-29; “Latest female Santa case“, Dec. 13-14 (and see Dec. 18-19); “Wal-Mart wins female Santa case“, Oct. 12; “Next: gender-blind stage casting?” (theme restaurant’s hiring of males as “riverboat tough” food servers), Mar. 24-26.

U.K.: ‘Dr. Botch’ sues hospital for wrongful dismissal“, Oct. 18-20, 2002; “Let them sue us!” (hospitals get sued if they withdraw privileges from questionable doctors), Mar. 23, 2000.

‘Inundations of electronic resumes pose problems for employers’“, Oct. 16-17, 2002.

Latest sacked-Santa suit“, Oct. 9-10, 2002 (& Dec. 13-14 and Oct. 12, 2000)

Right to break workplace rules and then return“, Sept. 16-17, 2002.

Personal responsibility roundup” (workers’ comp told to compensate worker for his suicide attempt), Sept. 12, 2002; “‘Court upholds workers compensation for drunk, injured worker’“, April 6-8, 2001.

National origin, language on the job, 2002:Hiring apple pickers = racketeering“, Sept. 9-10; “‘Surgeon halts operation over foreign nurses’ poor English’“, Jul. 25; “No ‘flood’ of Muslim or Arab discrimination complaints“, Jun. 17-18; “Must-know-Spanish rules defended“, May 28-29; “High court nixes back pay for illegal aliens“, Apr. 3-4.  2001:Sued if you do dept.: language in the workplace“, Dec. 19 (& Nov. 17, 1999); “Competitor can file RICO suit over hiring of illegal aliens“, Dec. 13-14; “Opponents of profiling, still in the driver’s seat“, Nov. 2-4; “Employee’s right to jubilate over Sept. 11 attack“, Oct. 9 (& letters, Oct. 22). 2000: Christian Science Monitor on accent discrimination, see Dec. 18-19; “Green cards gather moss” (immigration delays), Feb. 4; “Back pay obtained for illegal aliens“, Jan. 10 (& Oct. 28, 1999).  1999:52 green-card pickup” (rules against asking for too much documentation of citizenship in hiring), Oct. 29; “Say what?” (accent), Reason, November 1997.

Ambulance driver who broke for doughnuts entitled to sue“, Nov. 2-4, 2001 (& Jun. 28-30, 2002).

Not worth the hassle?” (Home Depot tries to avoid federal contractor status), Jun. 17-18, 2002.

Advertisement for ‘friendly’ employee deemed discriminatory“, Jun. 10, 2002.

Catharine MacKinnon, call your office“, May 16, 2002.

Soap star: ABC wrote my character out of the show” (“medical leave” for drug rehab), Apr. 10, 2002.

Will EU silence the pipes?” (occupational noise regulation), Mar. 8-10, 2002; “Britain’s delicate soldiery“, Dec. 22-25, 2000.

Retaliation:Inability to get along with co-workers” (employer’s counterclaim as retaliation), Mar. 8-10, 2002; “Latest lose-on-substance, win-on-retaliation case“, Oct. 16, 2001; “Latest lose-on-substance, win-on-retaliation employment claim“, Jan. 25, 2000; “Employment-law retaliation: real frogs from ‘totally bogus’ gardens“, Sept. 29, 1999.

Aerobics studio mustn’t favor the svelte“, Feb. 27-28, 2002 (& update May 10-12).

Jarring discord” (Audubon String Quartet), June 5, 2000 (& June 14, 2001, Nov. 13, 2001, May 10-12, 2002).

European workplace notes“, Feb. 25-26, 2002.

‘The Enron mythos’” (employee compensation, 401(k)), Feb. 15-17, 2002.

Sept. 11 and court awards” (price, payouts of employment liability insurance soar), Jan. 14-15, 2002; “‘Workers win more lawsuits, awards’“, March 29, 2001.

‘UK women can demand to know men’s salaries’“, Dec. 28, 2001-Jan. 1, 2002.

Menace of office-park geese“, Dec. 13-14, 2001.

‘Halliburton shares plunge on verdict’” (law-firm whistleblowing), Dec. 10, 2001.

An ill wind” (layoffs mean prosperity for employment lawyers), Dec. 4, 2001.

Rejecting an Apple windfall” (race discrimination suit), Nov. 30-Dec. 2, 2001.

Sued if you do dept.: co-worker’s claim of rape“, Nov. 7-8, 2001.

In the mean time, let them breathe spores” (OSHA and anthrax), Nov. 6, 2001.

Judge may revive ‘Millionaire’ ADA case” (Echabazal v. Chevron: employer’s right to turn away workers who would be injured by job), Nov. 5, 2001.

‘Attorney Ordered To Pay Fees for “Rambo” Tactics’“, Oct. 5-7, 2001; “Even the chance of loser-pays helps keep ’em honest” (pilots’ union bid for back pay), August 12, 1999.

Employment class actions: EEOC to the rescue“, Sept. 10, 2001.

Not discriminatory to kick sleeping worker’s chair” (includes item on U.K. employee privacy), Sept. 3, 2001.

Firefighter’s demand: back pay for time facing criminal rap“, Aug. 29-30, 2001.

Negligent to lack employee spouse-abuse policy?“, Aug. 29-30, 2001.

N.J. court declares transsexuals protected class“, July 30, 2001; “‘Fired transsexual dancers out for justice’“, March 23-25, 2001; “Columnist-fest” (transgender employee sues over no-skirt order), May 31, 2000.

Age discrimination law:Research for lawyers, courtesy of their targets“, July 6-8, 2001; “EEOC sued for age bias“, March 6, 2001; “‘Toronto Torch’ age-bias suit” (stripper), May 23, 2000; “Take the settlement, sue anyway“, March 13; “‘Tenure Gridlock: When Professors Choose Not To Retire’“, March 3-5; “‘The case for age discrimination’“, Jan. 20, 2000; “Age-bias law expands” (Calif., N.J. developments), Aug. 12, 1999.

Court says tipsy topless dancer can sue club“, Jul. 3-4, 2001.

‘Hearsay harassment’ not actionable“, Jun. 12, 2001.

Dispatches from abroad” (U.K. policeman claims snoring resulted from inhalation of cannabis), May 28, 2001.

Six-hour police standoff no grounds for loss of job, says employee“, May 21, 2001.

Letter to the editor” (arbitration agreements), Apr. 16, 2001.

Comparable worth in Maine” (state enacts “pay equity”), April 20-22, 2001; “Comparable worth: it’s back“, May 17, 2000.

‘2000’s Ten Wackiest Employment Lawsuits’“, Apr. 13-15, 2001.

‘Kava tea drinker alleges bias in FedEx firing’“, Mar. 19-20, 2001.

Ergonomics:Narrow escape from ergonomic regs“, March 9-11, 2001; “‘Cop’s claim: gun belt too heavy’“, Feb. 23-25, 2001; “Born to regulate“, June 28, 2000; “Go ahead and comment — if it’ll do much good” (OSHA ergonomics regulations), March 17-19, 2000; “Repetitive motion injury Hall of Fame” (phone sex operator), Nov. 22, 1999.

Forbidden paint zone” (New York City schools’ 10-foot rule), Feb. 27, 2001.

Employees not tenured in California“, Feb. 7-8, 2001.

Digital serfs?“, Jan. 26-28, 2001.

‘Firms mum on troubled workers’“, Jan. 22-23, 2001.

Police-record discrimination:Coming soon to a school near you” (applicant with police record OK’d since no convictions), Jan. 17, 2001; “‘Killer’s suit alleges job discrimination’“, Jan. 15, 2001; “You were negligent to hire me” (undisclosed rape-related conviction), May 30, 2000; “Hire that felon, or else”  (Wisc. law protects felons from job discrimination), Jan. 7, 2000 (& earlier commentary: Sept. 24, 1999).

Stressed out in New Hampshire” (stress from legitimate workplace criticism triggers workers’ comp), Jan. 4, 2000; “Stress of listening to clients’ problems” (masseuse wins benefits), June 21, 2000; “Weekend reading” (workplace psychological injury claims), July 31-August 1, 1999.

Damages, big numbers:Big numbers” (Kroger Co. hit for $55 million after workplace accident), April 16, 2001; “Property taxes triple after wrongful-termination suit“, Dec. 20, 2000; “‘Stock Options: A Gold Mine for Racial-Discrimination Suits?’“, Dec. 11-12; “How to succeed in business?” (Christian Curry case), Nov. 20; “Wonder Bread hierarchy too white, suit charges“, July 10 (updates Aug. 4: jury awards $132 M damages and Oct. 10: judge cuts award by $97 M); “Penalty for co.’s schedule inflexibility: 30 years’ front pay” (ADA), June 16-18; “Record employment verdict thrown out” (Lane v. Hughes Aircraft), March 9, 2000; “From our mail sack: memoir of a morsel” (Calif. employer’s story), Nov. 24-25, 1999; “The stuffed-grape-leaf standard” (litigator says $300K isn’t that much money), August 14-15, 1999.

Promising areas for suits” (broken interview promises, third party suits to sidestep workers’ comp limits), Dec. 7, 2000.

‘Company Is Told to Stay and Face New Union’“, Nov. 24-26, 2000; NLRB lurches left”, Oct. 11, 2000.

Obese soldiers class action“, Nov. 10-12, 2000.

New unfairness for old” (Employment Non-Discrimination Act), Oct. 26, 2000.

Prospect of injury no reason not to hire” (ADA), July 5, 2000; and see disabled-rights page.

Judge tells EEOC to pay employer’s fees“, Oct. 5, 2000.

When sued, be sure to respond” (Wal-Mart transsexual employee), Jul. 21-23, 2000 (update Sept. 6-7: judge grants retrial after default judgment).

EEOC: offbeat beliefs may be protected against workplace bias“, Sept. 5, 2000.

Losing your legislative battles?  Just sue instead” (contraception coverage by employer health plans), July 26-27, 2000.

Coke:‘Coca-Cola settles race suit’“, Nov. 17-19, 2000; “Class-action lawyers to Coke clients: you’re fired“, Jul. 21-23; “‘Coke plaintiff eavesdrops on lawyers; case unravels’“, Jul. 19-20; “‘Ad deal links Coke, lawyer in suit’” (Willie Gary, suing Coke on behalf of clients, enters into a lucrative ad deal with it), May 11, 2000.

Chutzpah is. . .” (marital-status discrimination case by boss’s ex-son-in-law), Jul. 18, 2000.

Welcome readers” (CNNfn article advising workers thinking of suing employers; cites this site), Jun. 19, 2000; “Favorite bookmark” (head of Employment Policy Foundation likes this site), May 23, 2000.

Look for the Kiwi label” (sweatshops), Jun. 9-11, 2000.

Another Mr. Civility nominee” (associate at law firm asks for bonus, is fired), June 2-4, 2000; “Smudged plumage” (Angelos’s Orioles won’t hire Cuban defectors), May 24, 2000.

Funny hats and creative drawing“, May 1, 2000.

Employer-based health coverage in retreat?“, Mar. 31-April 2, 2000.

OSHA and at-home workers:OSHA & telecommuters: the long view“, April 7-9, 2000; “Update: OSHA in full retreat on home office issue“, Jan. 29-30; “OSHA at-home worker directive“, Jan. 8-9; “OSHA backs off on home-office regulation“, Jan. 6; “Beyond parody: ‘OSHA Covers At-Home Workers’“, Jan. 5, 2000.

Feds’ mission: target Silicon Valley for race complaints“, Feb. 29, 2000.

Judgment reversed in Seinfeld case“, Feb. 26-27, 2000.

Private job bias lawsuits tripled in 1990s“, Jan. 19, 2000; “Employee lawsuits increasing” (Society for Human Resource Management survey), August 25, 1999.

Warn and be sued” (industrial psychologist found liable for warning co-workers of patient’s violent fantasies), Jan. 12, 2000; “Indications of turbulence” (pilot whose mental fitness for duty was challenged wins partial back pay), Dec. 1, 1999.

Christmas lawyer humor” (“Restructuring at the North Pole” parody), Dec. 23-26, 1999.

Truth in recruitment?” (N.J. jury verdict), Dec. 17-18, 1999.

From the quote file” (Legal Times: U.S. Supreme Court as nation’s chief human resources manager), Dec. 15, 1999.

Under surveillance at work?Hold your e-tongue” (employee emails), Nov. 9, 1999; “EEOC encourages anonymous harassment complaints“, Sept. 3; “Please — there are terminals present” (email censorship and harassment law), July 30; “‘Destroy privacy expectations: lawyer’” (advice managers are getting), July 26, 1999.

Bring a long book” (New York takes average of seven years to adjudicate discrimination complaints), Nov. 4, 1999.

Perkiness a prerequisite?” (bias suit says employer wanted workers to look like “Doris Day or the boy next door”), Nov. 2, 1999.

New Jersey court system faces employment complaint“, Oct. 21, 1999.

Blackboard jungle” (Ann Arbor, Mich. substitute teachers’ suit gets $30 million), Sept. 14, 1999.

Labor Day: ‘Overworked America?’“, Sept. 7, 1999.

Big numbers” (Kroger worker $55 million award not blocked by workers’ comp), April 16, 2001; “Block PATH to lawsuits” (claims against NY-NJ commuter line under Federal Employer’s Liability Act), Sept. 1, 1999.

Ohio high court says forget tort reform; should unionists be cheering?” (unions exempted from exposure to many injury suits), August 17, 1999.

You made me defame myself” (workplace defamation law doctrine of “self-compelled publication”), August 10, 1999.

All have lost, and all must have damages” (suit against employer by insurance agent who sold allegedly deceptive policies), August 3, 1999.


Other writings by Overlawyered.com‘s editor: The Excuse Factory: What Happened When America Unleashed the Lawsuit (Free Press, 1997); writings on disabled rights/ADA; on harassment and sex discrimination law; on other branches of discrimination law.

Archived aviation items, pre-July 2003

NTSB blames pilot error, but airport told to pay $10 million“, May 14, 2003. 

Security profiling, 2002:Rather die than commit profiling, cont’d“, Oct. 14; “Profiling: a Democrat outflanks Ashcroft” (Sen. Feinstein), Jun. 10; “Airlines sued over alleged profiling“, Jun. 6; “The scandal of the Phoenix memo“, May 28-29; “Fearing ethnic profiling charges, bureau ignored flight-school warning“, May 6; “Columnist-fest” (Charles Krauthammer), Mar. 18; “Profiling: the cost of sparing feelings“, Jan. 14-15.  2001:Profiling perfectly OK after all“, Nov. 16-18; “‘Politically incorrect profiling: a matter of life or death’” (Stuart Taylor, Jr.), Nov. 9-11; “Opponents of profiling, still in the driver’s seat“, Nov. 2-4; “Anti-bias law not a suicide pact“, Oct. 3-4. 

‘Sisters suing Southwest over “racist rhyme”‘“, Feb. 11, 2003.

Forum-shopping:Mass disasters belong in federal court“, Dec. 18-19, 2002; “Crash lawyers like Boeing move” (Chicago, new HQ city, has higher verdicts), May 17, 2001; “Come to America and sue” (Concorde forum-shopping), Jan. 19-21, 2001; “French crash, German victims, American payout levels?“, Sept. 29-Oct. 1, 2000.

Lawyer’s suit against airline: my seatmate was too fat“, Aug. 2-4, 2002; “‘Sorry, Slimbo, you’re in my seats’“, June 7, 2001 (& updates Dec. 15-16, 2001, Oct. 25-27, 2002); “Obese fliers“, Dec. 20, 2000.

Annals of zero tolerance: ‘No scissors allowed at ribbon-cutting ceremony at Pittsburgh airport’“, Sept. 23, 2002.

‘Airline sued for $5 million over lost cat’“, Sept. 3-4, 2002.

Flowers, perfume in airline cabins not OK?” (Canada), May 17-19, 2002. 

World Trade Center, 2002:Roger Parloff on 9/11 fund“, Apr. 1-2.  2001:Liability limits speed WTC recovery“, Nov. 21-22; “‘Company tried to capitalize on Sept. 11’“, Oct. 15; “‘Despite Protection, Airlines Face Lawsuits for Millions in Damages’“, Sept. 24 (& Oct. 10-11); “‘Lawsuits From Attacks Likely to Be in the Billions’“, Sept. 21-23; “Washington Post on airline liability“, Sept. 19-20; “What you knew was coming“, Sept. 14-16 (& coverage generally after Sept. 11). 

Couldn’t order 7-Up in French” (suing Air Canada for $525,000), Mar. 18, 2002. 

Disclaimer rage?” (GPS software), Oct. 15, 2001. 

‘Man Thought  He Was Dead, Sues Airline’” (left sleeping in darkened cabin), Oct. 10-11, 2001. 

‘Poor work tolerated, employees say’“, Nov. 15, 2001; “The high cost of cultural passivity“, Sept. 21-23; “Self-defense for flight crews“, Sept. 13; “Transsexual passenger’s airline hassle“, Sept. 12, 2001. 

White-knuckle lotto:‘Delta passenger wins $1.25 mln for landing trauma’“, Aug. 24-26, 2001; “All shook up” (jury says emotional scars from Little Rock crash worth $6.5 million), Oct. 19, 2000; “White-knuckle lotto“, Oct. 8, 1999. 

Letter to the editor, Sept. 3, 2001 (ABC vs. Parker-Hannifin); “Big numbers” (Teledyne Continental Motors $27 million settlement), April 16, 2001; “Getting around small-aircraft lawsuit reform“, Jan. 29, 2001. 

‘Airline restricts children flying alone’“, Aug. 6, 2001. 

‘Lawyers pay price for cruel hoaxes’“, Aug. 3, 2001; “‘The love children of Flight 261’“, April 10, 2001; “After an air crash, many Latin ‘survivors’” (Alaska Air claimants), Nov. 29, 2000. 

Needed: assumption of risk” (first-time skydiver), July 27-29, 2001; “‘Skydivers don’t sue’“, May 26, 2000 (update July 6: Canadian diver prevails in suit against teammate) (& see Apr. 16, 2001). 

Getting around small-aircraft lawsuit reform“, Jan. 29, 2001. 

‘Economy-class syndrome’ class action” (Australia), Dec. 13-14, 2000. 

All shook up” (jury says emotional scars from Little Rock crash worth $6.5 million), Oct. 18, 2000; “Diva awarded $11M for broken dream” (opera student injured in runway crash), Aug. 31, 2000. 

John Denver crash” (also Air France, Northwest, aviation need for tort reform), Oct. 4, 2000. 

Prosecution fears slow crash probes“, Sept. 6-7, 2000. 

Retroactive crash liability” (Death on the High Seas Act), Aug. 25-27, 2000. 

Class actions: are we all litigants yet?” (American Airlines frequent flier class action), Aug. 23-24, 2000. 

Never too stale a claim” (suits against manufacturers over planes built in early 20th century), July 14-16, 2000. 

New subpage” (this page introduced), June 16-18, 2000. 

Somebody to sue” (map publisher Jeppesen Sanderson sued after Croatia crash), June 1, 2000. 

Swissair crash aftermath” (Peggy’s Cove disaster in U.S. courts), March 14, 2000; “Montreal Gazette ‘Lawsuit of the Year’” (bagpipers sue Swissair for lost income), Jan. 17, 2000. 

Blaming good pilots” (Alaska Air crash), Feb. 24, 2000. 

New safety rule likely to increase death toll” (FAA and child seating on airlines), Dec. 31, 1999-Jan. 2, 2000. 

Attorney blames airline for passenger’s drunken in-flight rage“, Dec. 9, 1999. 

Indications of turbulence” (pilot whose mental fitness for duty was challenged wins partial back pay), Dec. 1, 1999. 

Some lawyers try to make nice” (EgyptAir 990), Nov. 29, 1999. 

From the planet Litigation” (UFO suits), Nov. 22, 1999. 

Grounds for suspicion” (DEA and arriving passengers), Oct. 9-10, 1999. 

Overlawyered skies not always safer“, July 19, 1999.


Other resources:

AVweb includes articles by its law columnist, Phillip J. Kolczynski, on such topics as product liability, liability for homebuilt aircraft, and aircraft owner liability

Walter Olson, “Kingdom of the One-Eyed” (pilot vision and ADA), Reason, July 1998. 

Walter Olson, “Life, Liberty, and the Pursuit of a Good Beer” (alcoholic pilot and ADA), Washington Monthly, September 1997.

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