- Due diligence? Prosecutors say $32 million staged slip-fall ring drew on services of litigation finance firm [Matthew Goldstein and Jessica Silver-Greenberg, New York Times]
- Federalist Society podcast previews Frank v. Gaos, Ted Frank’s case on cy pres in a Google settlement;
- Will public get to look at details of $75 million class action fee that has been subject to criticism? [John O’Brien, Legal NewsLine and Max Brantley, Arkansas Times on State Street Bank and Trust settlement] Update: special master said to find attorney misconduct and recommend substantial fee refund [Chris Villani, Law360 (sub)]
- “Recent developments have let the air out of slack-fill lawsuits” [Meghana Shah, Brittany Cambre and Amber Unwala, New York Law Journal, earlier on slack fill] Theater-box candy suit: “Don’t squash our Junior Mints” [Chicago Tribune editorial]
- Tales of the Food Court: California class-action climate encourages flimsy claims against beer and bean purveyors [Greg Herbers, WLF]
- Supreme Court of Canada: commercial garage not liable for injury suffered by teen while stealing car from lot [Rankin (Rankin’s Garage & Sales) v. J.J.]
Posts Tagged ‘criminals who sue’
Liability roundup
- Will states return us to the days of wide-open forum-shopping through the legal fiction of “consent by registration to do business”? A 50-state survey [James Beck, Drug and Device Law] “Big Fights Ahead Over Where Class Actions Can Be Filed” [Martina Barash, Bloomberg Big Law Business]
- Herr’s potato chips sued by prolific New York City lawyer over how full its bags of chips are. [John O’Brien, Legal NewsLine/Forbes] “Ridiculous class-action lawsuits are costing you tons of money” [Kathianne Boniello, New York Post]
- Ireland: “Burglar who injured genitals during shop break in sues shopkeeper” [Alexandra Richards, Evening Standard (U.K.)]
- To propel TCPA suits, professional plaintiffs find tactical ways to revoke text permission [Michael Daly, Meredith Slawe, and John Yi (Drinker Biddle), National Law Review] “Phoney Lawsuits: Polish Immigrant Concludes Six-Figure Run By Settling 31st Lawsuit” [Karin Kidd, Forbes/LNL, earlier]
- Missouri getting to be hotspot for high-stakes litigation [Jim Copland, Manhattan Institute “Trial Lawyers Inc.”]
- Courts and plaintiffs engaged in deep pockets jurisprudence seldom acknowledge that’s what they’re doing [Victor Schwartz, Washington Legal Foundation]
“Starbucks robber to sue customer”
“A man who is accused of trying to rob a Fresno, California Starbucks plans to sue a customer who stopped him for using excessive force. Fresno police called the customer a ‘courageous hero’ for his actions and did not charge Cregg Jerri for his actions.” Jerri wrested the knife from Ryan Florez, who now faces charges of armed robbery and assault with a deadly weapon. Florez’s mother, Pamela Chimienti, says Jerri didn’t have to stab Florez so many times in subduing him. [Fox 11 L.A.]
Liability roundup
- “Torts of the Future: Addressing the Liability and Regulatory Implications of Emerging Technologies” [U.S. Chamber Institute for Legal Reform]
- “After paying out millions, Detroit pushes new law protecting cities from claims over bad sidewalks” [WXYZ]
- Fire doors at U.N. cut and repurposed to make cabinets, court rules original manufacturers not liable for failure to warn of asbestos dust risk should doors be cut up [Lynn Lehnert, Asbestos Case Tracker]
- Woman sues bar that served her over her later drunk driving accident and injuries allegedly suffered in police custody [Penn Record]
- Can members of a class action be identified? Supreme Court should resolve circuit split on the important class-action-certification issue of “ascertainability” [David E. Sellinger and Aaron Van Nostrand, WLF]
- Federal court in the Eastern District of New York gets lots of food marketing lawsuits [Emily Saul and Danika Fears, New York Post, Elizabeth Nolan Brown]
February 22 roundup
- “Freedom of Association Takes Another Hit” as Washington high court rules against florist Barronelle Stutzman [Roger Pilon, Ilya Shapiro, earlier]
- Aside from chipping away at the rule of law, job preservation via presidential threats may not work well as an economic development strategy [David Henderson]
- NYC cops shot burglar in rear end and now he wants $10 million over that [New York Post]
- Granting certiorari in Blackman v. Gascho case would allow Supreme Court to tackle fee abuses in class actions [Ted Frank, Daniel Fisher, earlier]
- Will competing versions be introduced of FADA, the religious-exemption First Amendment Defense Act? [Jessica Yarvin/PBS, I’m quoted; my take on the first introduced version of the bill]
- I talked Sunday with Maryland-based blog radio hosts Ryan Miner and Eric Beasley on topics that included the Gorsuch nomination, Chevron deference, doctor-assisted suicide, and redistricting reform [BlogTalkRadio, one of my longer audio interviews at 1:12:00]
Rating states on legal climates
“West Virginia courts have a well-deserved reputation for favoring plaintiffs, but the state’s Supreme Court may have gone too far this year when it said drug addicts who broke the law to obtain narcotics could sue the doctors and pharmacies who supposedly fed their addiction.” Rulings like that, writes Daniel Fisher, are one reason West Virginia perennially ranks at the bottom in the U.S. Chamber’s ranking of state legal climates, and did again this year. Louisiana, Illinois, and California are other cellar-dwellers, while Alabama and Texas, despite extensive reforms and the success of business-oriented candidates in many judicial races, also languish in the lower ranks with continuing problems such as the litigation atmosphere of east Texas [Lou Ann Anderson/Watchdog Arena] More: Bob Dorigo Jones. Related, from ALEC: State Lawsuit Reform.
Bank robber shot mid-heist sues county
“Interrupted mid-robbery, [serial bank robber Todd Kirkpatrick] ran from a Snohomish County sheriff’s deputy. In his attempt to escape, Kirkpatrick leveled his gun at the deputy, who shot him twice.
Now Kirkpatrick, an inmate at Clallam Bay Corrections Center, wants Snohomish County to pay him $6.3 million for his troubles.” [Everett, Wash. Herald]
“Justices say addicts can sue doctors, pharmacies for addiction”
West Virginia: “A state Supreme Court ruling says juries can decide if residents who have broken the law by obtaining and using prescription painkillers can sue physicians and pharmacies for their addictions.” [Chamber-backed W.V. Record]
Delaware: “Man sues pizzeria for thwarting robbery”
Nigel Sykes, currently serving a 15-year sentence, is suing employees of Seasons Pizza in Newport, Del. who allegedly tackled him as he was robbing the pizzeria at gunpoint. His suit, filed without a lawyer, asks in excess of $260,000, saying employees of the dining establishment beat him up and poured hot soup on him. “While U.S. District Judge Sue L. Robinson tossed out several of Sykes’ claims, she allowed the case to move forward against the pizza employees, two arresting officers and Seasons.” Sykes, whom police linked to a series of robberies at a bank and various retail establishments, had filed an earlier suit with different factual allegations which was dismissed on procedural grounds. He has also claimed that he should be allowed to take back his plea in the criminal case, arguing in a motion, “I’m not good at making good choices.” [Sean O’Sullivan, Wilmington News Journal]
“Mailman who sold undelivered coupons on eBay sues JCPenney”
Queens, N.Y.: “A mailman who admitted making about $35,000 selling undelivered coupons wants $25 million-plus from JCPenney for blowing the whistle on his scheme. … it was unclear if Tang still works as a letter carrier.” [New York Post]