“Three men spent seven hours in police cells after being arrested for ‘stealing’ seaweed from a Sussex beach to feed their pet tortoises.” Two police cars and an officer on motorcycle swooped down on friends Simon Braisby, Tony Sims and Deon Marshall who “were gathering sea kale on Eastbourne beach for Mr Sims’ five tortoises. … The men were arrested, handcuffed and put in the back of different police cars, then locked up in separate cells while Mr Braisby’s home was searched. After six hours in custody the men were interviewed and eventually released without charge.” Authorities told reporters the seaweed was considered protected flora. (Brighton and Hove Argus, week ending Jun. 25, first roundup item; “Arrests after ‘rare’ plant hunt”, BBC, Jun. 24) (via Dr. Weevil who got it from Electric Venom; check out the latter’s comment section for news of a German anthill-protection law).
Posts Tagged ‘Germany’
Essay on loser-pays
The following essay was written circa 1999 by our editor and formerly appeared on the site’s topical page on loser-pays.
* * *
America differs from all other Western democracies (indeed, from virtually all nations of any sort) in its refusal to recognize the principle that the losing side in litigation should contribute toward “making whole” its prevailing opponent. It’s long past time this country joined the world in adopting that principle; unfortunately, any steps toward doing so must contend with deeply entrenched resistance from the organized bar, which likes the system the way it is.
Overlawyered.com‘s editor wrote an account in Reason, June 1995, aimed at explaining how loser-pays works in practice and dispelling some of the more common misconceptions about the device. He also testified before Congress when the issue came up that year as part of the “Contract with America”. Not online, unfortunately, are most of the relevant sections from The Litigation Explosion, which argues at length for the loser-pays idea, especially chapter 15, “Strict Liability for Lawyering”.
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.
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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. Archived food and beverage posts, pre-July 2003Archived entries before July 2003 can also be found here (food) and here (beverages). Food, 2003: “Give me my million“, Jun. 20-22; “Lawsuit’s demand: stop selling Oreos to kids“, May 13 (& update May 16-18: suit dropped); “Fast-food opinion roundup“, Mar. 25-30; “They’ll be back for seconds“, Feb. 19; “Claim: marriage impaired by tough bagel“, Feb. 3; “Judge tosses McDonald’s obesity case“, Jan. 23 (& Jan. 27-28); “U.K.: coercive campaign to constrain Cadbury“, Jan. 20; “Anti-diet activist hopes to sue Weight Watchers“, Jan. 13-14. 2002: “California’s hazardous holiday” (acrylamide), Dec. 27-29; “Scourge of the Super-Size order“, Nov. 7; “WHO demands pretzel de-salting by law“, Nov. 1-3; Letter to the editor, Oct. 23; “Personal responsibility roundup“, Sept. 12; “Fat suits, cont’d“, Jul. 26-28; “‘Ailing man sues fast-food firms’“, Jul. 25; “Sin-suit city“, Jun. 10; “McArdle on food as next-tobacco“, May 27 (& Jun. 3-4); “Nader credibility watch” (calls fast-food restaurants “weapons of mass destruction”), May 24-26; “The mystery of the transgenic corn“, May 14-15; “‘Targeting “big food”‘“, Apr. 29-30; “‘Woman sues snack food company for spoiling diet’“, Apr. 23-24; “No more restaurant doggie bags“, Mar. 20-21; “Fast-food roundup“, Mar. 11; “King Cake figurine menace averted“, Feb. 1-3; “McMouse story looking dubious“, Jan. 25-27; “Life imitates parody: ‘Whose Fault Is Fat?‘”, Jan. 23-24. “‘Hot-dog choking prompts lawsuit’“, Jan. 2-3. 2001: “There’ll always be a California” (chocolate and Prop 65), Dec. 4; Letter to the editor (Wisc. exempts lutefisk from toxic-substance status), Nov. 29; “Disposable turkey pan litigation“, Nov. 23-25; “‘Diabetic German judge sues Coca-Cola for his health condition’” (candy bars too), Nov. 18; “‘Baskin-Robbins lawsuit puts family in dis-flavor’“, Aug. 2; “‘Couple sues over flaming Pop-Tart’“, July 30; “Feeling queasy?” (E. coli), July 27-29; “‘Man sues Rite Aid over stale jelly bean’“, July 20-22; “By reader acclaim: ‘Vegetarian sues McDonald’s over meaty fries“, May 4-6; “Woman settles hot pickle suit with McDonald’s“, April 16 (& Oct. 10, 2000); “Putting the ‘special’ in special sauce” (alleged rat in Big Mac), March 29. 2000: “You deserve a beak today” (McDonald’s chicken case), Dec. 6. 1999: “Are they kidding, or not-kidding?” (proposal for suits against makers of fattening foods), Nov. 15; “Toffee maker sued for tooth irritation“, Nov. 5-7; “More things you can’t have” (unpasteurized cider), Sept. 27; “Not just our imagination” (calls for class actions against fast food, meat industry), Sept. 25-26; “Taco Bell not liable for Ganges purification pilgrimage“, Aug. 30. Beverages: “Litigation good for the country?” (Carl T. Bogus), Aug. 19, 2002; “British judge rejects hot-drink suits“, Mar. 29-31, 2002 (& Aug. 10, 2000); “‘Diabetic German judge sues Coca-Cola for his health condition’“, Nov. 18, 2001; “‘Group sues Starbucks over tea ingredient’“, Sept. 10; “By reader acclaim” (maker of cup holder), Jan. 11, 2001; “‘Court says warning about hot coffee unnecessary’” (Nevada Supreme Court), July 18, 2000; “Now it’s hot chocolate“, April 4; “Next on the class-action agenda: liquor?“, March 22, 2000; & see Sept. 10, 2001. For burns from hot beverages that were under the control of the complainant, see also personal responsibility page. Archived personal responsibility items, pre-July 2003Tipple your way to court, 2003: “Shouldn’t have let him get so drunk” (Australia), May 12. 2002: “‘Woman freezes; sues city, cabbie’“, Sept. 18-19; “Wasn’t his fault for lying drunk under truck“, Aug. 16-18; “Hey, no fair talking about the pot” (highway rollover), Apr. 12-14; “European workplace notes” (employer responsible for vodka overdose), Feb. 25-26; “‘Drunken Driver’s Widow Wins Court’s OK To Sue Carmaker’“, Feb. 25-26. 2001: “‘Teen hit by train while asleep on tracks sues railroad’“, Dec. 12; “‘Man suing after drunken driving crash’“, Aug. 20-21; “Don’t rock the Coke machine“, Jul. 20-22; “Court says tipsy topless dancer can sue club“, Jul. 3-4; “Jury: drunk driver hardly responsible at all for fatal crash“, Jun. 15-17; “It was the bar’s fault“, Apr. 13-15; “‘Court upholds workers compensation for drunk, injured worker’“, Apr. 6-8; “‘Woman who drove drunk gets $300,000’” (Ontario), Feb. 7-8 (& see Sept. 24, second case: $18 million); “‘All you can drink’ winner sues over fall“, Jan. 31-Feb. 1. 2000: “Zapped pylon-climber sues liquor-servers, utility“, March 6. 1999: “Personal responsibility wins a round” (judge rejects case from Pa. man who got drunk and climbed high voltage catenary), Sept. 17-19. “Should have watched his step answering call of nature“, Mar. 8-9, 2003. “Lightning bolt in amusement park’s parking lot“, Jun. 23, 2003; “‘Woman attacked by goose sues county’“, Jan. 27-28, 2003; “Quite an ankle sprain” (watch where you’re going in parks), Apr. 20-22, 2001. “MIT sued over student’s nitrous-oxide death“, Feb. 25, 2003; “By reader acclaim: ‘Parents file suit over student’s drug death’” (abuse of Oxycontin), Jul. 25, 2001. “Take care of myself? That’s the doc’s job“, Feb. 14-16, 2003; “Claim: docs should have done more to help woman quit smoking and lose weight” (Pa.), Sept. 18-19, 2002. “Satirical-disclaimer Hall of Fame” (Australian humor magazine), Oct. 28-29, 2002; “Tobacco: Boeken record” (The Onion parody), June 19, 2001; “Jury orders ‘Big Chocolate’ to pay $135 billion to obese consumers” (parody), Aug. 3, 2000; “This side of parodies” (fictional account of self-inflicted icepick injury), Oct. 5-6, 1999. Sports risks: “Sis-Boom-Sue” (cheerleading), Jan. 15-16, 2003; “Skating first, instructions later“, Sept. 25-26, 2002; “Pitcher hit by line drive sues maker of baseball bat“, Apr. 19-21, 2002; “Australian roundup” (Perth bodysurfer), Nov. 23-25, 2001; “Needed: assumption of risk” (baseball thrown into stands, skydiving), July 27-29; “‘Lawsuits could tame ski slopes’“, Feb. 6, 2001; “Promising areas for suits” (foul-ball cases and other stadium injuries), Dec. 7, 2000; “Teams liable for fans’ safety” (Colorado: hockey puck hit into stands), Aug. 15; “‘Skydivers don’t sue’“, May 26-29; “Trips on shoelace, demands $10 million from Nike“, April 7-9, 2000. Gambling: Letter to the editor, Oct. 23; “Personal responsibility roundup“, Sept. 12, 2002; “Sin-suit city“, Jun. 10; “‘Next tobacco’ watch: gambling“, May 20-21, 2002 (& May 31); “‘Gambling addiction’ class action” (Quebec), June 20, 2001. “‘Family of boy injured by leopard may sue’“, Jul. 18, 2002; “Skinny-dipping with killer whale: ‘incredibly bad judgment’“, Sept. 21, 1999 (Oct. 7 update: case dropped). “Wasn’t his fault for lying drunk under truck“, Aug. 16-18, 2002; “‘Win Big! Lie in Front of a Train!’“, Jun. 26-27, 2002 (& Jul. 12-14); “Australian roundup” (graffiti artist on train), Nov. 23-25, 2001; “Hit after laying on RR tracks; sues railroad“, Oct. 23, 2001. “‘Man awarded $60,000 for falling over barrier’“, Mar. 5, 2002. “Utah: rescue searchers sued“, Nov. 26, 2001. “Suit blames drugmaker for Columbine“, Oct. 24-25, 2001. “Mosh pit mayhem“, Sept. 7-9, 2001. “Urban legend alert: six ‘irresponsibility’ lawsuits“, Aug. 27-28, 2001. “Don’t rock the Coke machine“, Jul. 20-22, 2001. “Tobacco: Boeken record“, June 19, 2001. Stop having fun (children’s recreation): see schools page. “Tendency of elastic items to recoil well known“, Mar. 6, 2001. “By reader acclaim” (sues alleged crack dealers over own addiction), Jan. 11, 2001. “Smoker’s suit nixed in Norway“, Dec. 18-19, 2000; “Personal responsibility takes a vacation in Miami” (Engle tobacco verdict), July 8, 1999. “Highway responsibility” (Derrick Thomas suit), Nov. 28, 2000. “Fat tax proposed in New Zealand“, Oct. 31, 2000. “More things you can’t have: raw-milk cheeses“, Oct. 3, 2000; “More things you can’t have” (unpasteurized cider, New England square dances), Sept. 27, 1999; “More things you can’t have” (rare hamburgers, food sent to summer camp), August 9, 1999. “Smoking and responsibility: columnists weigh in” (after Florida verdict), Jul. 28-30, 2000. “‘”Whiplash!” America’s most frivolous lawsuits’” (book collects cases), Jul. 14-16, 2000. “Inmate: you didn’t supervise me” (horseplay alone in cell), Jul. 7, 2000. “Can’t sue over affair with doctor” (court rules it was consensual), Jun. 13, 2000. “Risky? Who’da thunk it?” (currency speculator sues over losses), Jun. 9-11, 2000. “‘Jury awards apparent record $220,000 for broken finger’” (hurt while dancing), May 22, 2000. “Videogame maker agrees to furnish safety gloves“, Mar. 13, 2000. “Letourneau scandal: now where’s my million?” (boy sues), Apr. 20, 2000. “All dressed up“, Apr. 19, 2000. “Down repressed-memory lane I: costly fender-bender” (eggshell-psyche plaintiff), Dec. 29-30, 1999. “Down repressed-memory lane II: distracted when she signed” (separation agreement), Dec. 29-30, 1999. “GM verdict roundup” (lawyers shift drunk drivers’ responsibility to automakers), Dec. 16, 1999; “Drunks have rights, too“, Dec. 1, 1999. “Rolling the dice (cont’d)” (Internet gambler sues credit card companies that advanced him money), Dec. 7, 1999; “Rolling the dice” (same), Aug. 26, 1999. “Responsibility, RIP” (columnist Mona Charen), Nov. 2, 1999. “The art of blame” (death of child left in hot van), Oct. 20, 1999. “Nominated by reader acclamation” (killer’s parents sue school district, lawmen for failing to prevent Columbine massacre), Oct. 18, 1999. “Block PATH to lawsuits” (fall out of tree in yard, sue your employer), Sept. 1, 1999. “To restore individual responsibility, bring back contract principles” (Cato Institute paper by Prof. Michael Krauss), Aug. 16, 1999. “Somebody might trip” (NYC condemns prints-of-the- Hollywood-stars sidewalk as slip hazard), Aug. 13, 1999. “All have lost, and all must have damages” (huge award to salesman who hawked bad insurance policies since he’s a victim too), Aug. 3, 1999. Through much of American history, courts discouraged lawsuits arising from risks that individuals were deemed to have assumed in the course of going about familiar activities, such as the risk of being thrown while horseback riding, of slipping on toys underfoot while visiting a house with children, or of being hit with a foul ball while attending a ball game. (Stored search on “assumption of risk”: Google, Alta Vista). Under the doctrine of “contributory negligence”, they often dismissed, as a matter of law, cases where a complainant’s own negligence had helped cause an accident. They were even less likely to entertain cases in which someone’s knowing or deliberate dereliction had placed him in physical peril, such as cases in which people sue over injuries sustained in the course of committing crimes or attempting suicide. And finally, they gave broad respect to express contractual disclaimers or waivers of liability: if a party was on notice that the other side in a transaction wasn’t willing to assume a responsibility, it wouldn’t be easy to tag them later with that responsibility in court. By the 1950s all these old barriers to liability had come under sustained attack in the law schools, where they were viewed as insulating defendants’ misconduct from legal scrutiny and impeding the forward march of liability law as a (high-overhead) variety of social insurance. Most states moved from contributory negligence to comparative negligence, which allows a plaintiff whose negligence helped cause an accident to sue over it anyway, though for a reduced recovery. Waivers and disclaimers began to be struck down as unconscionable, against public policy, not spelled out with sufficient clarity, etc. And assumption of risk was whittled down by way of a dozen techniques: the most influential torts scholar of the postwar period, William Prosser, took the view that “that implied reasonable assumption of risk should not be allowed to reduce a plaintiff’s damage in any way” (Chase Van Gorder, “Assumption of Risk Under Washington Law“). The result is today’s American legal environment in which plaintiffs routinely try their luck at suits after being injured climbing high-voltage utility structures while drunk, skinny-dipping in icy pools with captive killer whales, trying “wheelies” and other stunts on industrial forklifts, and smoking for decades. Some of these suits succeed at obtaining settlements while others fail, and it’s important to bear in mind that assumption of risk and related doctrines have not disappeared entirely. Their general decay, however, has been important in bringing us today’s hypertrophy of such areas of law as premises liability, product liability and recreational liability. The website of attorney D. Pamela Gaines has useful resources on assumption of risk as it applies to such areas as premises liability, recreation and amusement parks. At the International Mountain Bicycling Association site, Tina Burckhardt explains “recreational use statutes” which grant some protection from liability lawsuits to landowners who allow free recreational use of their property. |