Posts Tagged ‘food safety’

January 12 roundup

  • Airline off the hook: “Couple drops lawsuit claiming United is liable for beating by drunken husband” [ABA Journal, earlier]
  • Why is seemingly every bill that moves through Congress these days given a silly sonorous name? To put opponents on the defensive? Should it do so? [Massie]
  • With police payouts in the lead, Chicago lays out more money in lawsuits than Los Angeles, Houston, Phoenix, Philadelphia, Dallas put together (but NYC still #1 by far) [Chicago Reader]
  • Who’s behind the website Asbestos.com? Bill Childs does some digging [TortsProf]
  • When not busy carrying out a mortgage fraud scheme from behind bars at a federal prison, inmate Montgomery Carl Akers is also a prolific filer of lawsuits, appeals and grievances [Doyle/McClatchy]
  • Alcohol policy expert Philip Cook on Amethyst Initiative (reducing drinking age) [guestblogging at Volokh]
  • Must Los Angeles put career criminals on public payroll as part of “anti-gang” efforts? [Patterico]
  • Some “local food” advocates have their differences with food-poisoning lawyer Bill Marler [BarfBlog, which, yes, is a food-poisoning policy blog]; Marler for his part is not impressed by uninjured Vermont inmates’ “entrails in the chicken” pro se suit [his blog; more from Bill Childs and in comments; update: judge dismisses suit]

Kernel of sense

New York City: Judge Matthew Cooper has dismissed a suit for dental repairs by a moviegoer who said he broke his tooth on an unpopped kernel of popcorn at Manhattan’s AMC-Lincoln Square Cinema, ruling that plaintiff Steve Kaplan “could not reasonably expect every kernel to be popped”. (“N.Y. Judge: Broken-Tooth Popcorn Suit’s a Dud”, AP/1010 WINS, Sept. 29).

More: “Anyone who has ever made fresh popcorn … soon learns the bitter truth that the final product is almost always marred by the presence of unpopped, partially popped or burnt kernels,” wrote Judge Cooper. “Until such time as the same bio-engineers who brought us seedless watermelon are able to develop a new strain of popping corn where every kernel is guaranteed to pop, we will just have to accept partially popped popcorn as part and parcel of the popcorn popping process.” The judge suggested that the dentally risk-averse consumer stick to Raisinets or Milk Duds in future, although, he conceded, Milk Duds do have a reputation for pulling out your fillings. (NYLJ).

Guestblogger thanks

Thanks to Baylen Linnekin for his guestblogging contributions last week. Be sure to check out his handsomely executed “irreverent food blog”, Crispy on the Outside, whose recent topics include bacon thefts in Lancashire, a new California menu-labeling law, and Quebec’s recent legalization of yellow margarine; of particular interest are his food law and banned categories.

Guestblogging

Greetings. I’m Baylen Linnekin. I am a 3L at American University in Washington, DC–where I serve on the editorial board of the Administrative Law Review–and co-proprietor of the libertarian food blog Crispy on the Outside.

I’m a big fan of Overlawyered and will be guestblogging here for the remainder of the week. (You may have noticed my first posts yesterday.) I’m particularly interested in food law–foie gras and bacon dogs are under legal attack, you know–and will likely be offering a few thoughts in that area in the coming days.

“Is Big Caffeine the Next Target?”

Tim Sandefur asks this only half-facetiously as he reviews mass torts. Of course, as a must-read comment letter to FASB (via the indispensable Beck/Herrmann) submitted by six pharmaceutical companies notes, “A mass tort occurs when the plaintiffs’ bar decides to invest in it.”

Canadian loses bottled-fly-in-water case

Martin Mustapha of Windsor, Ont. had won $340,000 over the fly for emotional distress and phobic reaction, though neither he nor any family member had come in contact with the water in question, since they spotted the insect before opening the bottle. Now the Supreme Court of Canada has refused to disturb an appeals court’s reversal of the award, and has ordered that Mustapha pay the water company’s legal costs. (“SCC quashes man’s suit over fly in bottled water”, CTV, May 22; earlier here and here).