Posts Tagged ‘Iowa’

More medical privacy madness

More presumably unintended consequences (see Oct. 23, Nov. 9) of HIPAA, the new federal law menacing institutions with $10,000 fines for releasing too much information about patients:

* “When Arkansas announced three flu deaths among its 2.8 million residents on Dec. 5 … it wouldn’t say whether the victims were young [despite intense public interest in whether this year’s flu was killing otherwise healthy children]. After consultation with its lawyers, it added only that the deaths involved adults in any of a dozen or so high-risk groups. In Iowa, state doctors wouldn’t list the hometown of a 1-year-old who died of the flu and wouldn’t say how long the child was ill, when it died or whether it had had a flu shot. It also wouldn’t say whether the child was boy or a girl.” (“Ark. Limits Info Regarding Flu Deaths”, AP/ABCNews.com, Dec. 30).

* Volunteer groups bringing holiday toys, teddy bears, and brownies to Quad Cities hospital wards are sometimes being told to leave the items with hospital staffs rather than visit the wards, and Santa Claus can make an appearance only if a separate guardian’s consent is obtained for each hospitalized child, according to the Moline Dispatch (Kurt Allemeier and Tory Brecht, “Privacy concerns limit Santa?s hospital visits”, Dec. 25; also see Martha Irvine, “How gifts can overwhelm children’s hospitals”, AP/Boston Globe, Dec. 25).

* And after Joynal Abedin became a victim of a fatal hit-and-run in the Washington, D.C. suburb of Adelphi, Md., his family did not learn of his fate for two weeks until it received a $17,000 bill from Washington Hospital Center in the mail; the hospital’s fear of medical privacy breaches was one factor contributing to the delay. (Yolanda Woodlee, “Hospital Bill Is Family’s Only Clue”, Washington Post, Jan. 20)

Filed under: Arkansas, HIPAA, hospitals, Iowa, medical

Edwards’ persuasive powers

Having long taken an interest in the career of North Carolina Sen. John Edwards (see Sept. 16, Aug. 27 (talk about bad predictions!), Aug. 5, earlier posts), we are not entirely surprised that the silver-tongued trial lawyer/politician did so well among Iowa Democrats, not to mention charming such commentators as Mickey Kaus (scroll to second “P.P.S.” item) and Andrew Sullivan (second item). As we’ve had occasion to note, before entering politics Sen. Edwards had some of his greatest success representing families of kids with cerebral palsy against the doctors who’d allegedly botched their deliveries — this despite a steadily mounting pile of research (see Feb. 27, 2003) tending to refute the popular theory that cerebral palsy is commonly caused by obstetricians’ conduct during labor and delivery. Last March, in a letter to the editor printed at this site, Mississippi physician S.W. Bondurant wondered whether the press would look into the question of whether Edwards’s trial wins were based on sound science. Now reporter Marc Morano of the conservative CNSNews.com takes on that assignment (“Did ‘Junk Science’ Make John Edwards Rich?”, CNSNews.com, Jan. 20). Just to clarify my own views, which are quoted at some length: I don’t assert that every lawsuit blaming obstetricians for infant brain damage is unfounded. The problem is that our system gives wide leeway for cases of debatable scientific merit to be filed and then, after a battle of the hired experts, decided by appeals to jury emotion. (& welcome visitors from sites including Kaus (Jan. 20), Sullivan, MedPundit, Rangel M.D., Blog 702, MedRants, and many others)

Filed under: Daubert, Iowa, John Edwards, junk science, medical, Mississippi, North Carolina, obstetric, politics

Slip on grape = $41,000

The Iowa Court of Appeals last week upheld a jury’s award of $41,267 to shopper Judy Krenk, who said she slipped on a grape at the checkout aisle at the No Frills Supermarket. The store owners “claimed the managers hadn’t been notified about a hazardous condition and therefore were not negligent. … The ruling noted that it wasn’t clear how the grape got on the floor.” The jury awarded Krenk $82,535, but ruled that the accident was 50 percent her fault, so it was cut in half. (Frank Santiago, “Court upholds award to shopper who slipped on grape”, Des Moines Register, Dec. 25).

Filed under: Iowa

Archived gun items, pre-July 2003

“Gun lawsuit columns“, Apr. 25-27, 2003; “Gun lawsuit preemption moves forward“, Apr. 4-6; “Gun-suit thoughts“, Mar. 31, 2003; “House bill would cut off municipal gun suits“, May 9, 2002.

NAACP suits: “Update” (jury votes against liability), Jun. 2, 2003; “Gun lawsuit columns“, Apr. 25-27; “Gun-suit thoughts“, Mar. 31; “Stalking horse for anti-gun litigators“, Mar. 24, 2003; “NAACP’s ‘ludicrous’ anti-gun suit” (David Horowitz in Salon), Aug. 19, 1999; “Not-so-Kool omen for NAACP suit” (racial claims fail in tobacco case), Nov. 1, 1999; “Connecticut, sue thyself” (NAACP official, while state official, subsidized gunmaking), Dec. 2, 1999. Also see letters to the editor, “NAACP lawsuits take bad aim“, Detroit Free Press, Jul. 20, 1999 (& see update Jul. 30, 2003: judge dismisses lawsuit).

“More notices for The Rule of Lawyers” (NRA’s LaPierre praises book), Mar. 21-23, 2003 (& Apr. 25-27).

“Manufacturer sued after bullet fails to take down lion“, Apr. 25-27, 2003.

“Florida school shooting: the deep pockets did it” (Grunow), Dec. 13-15, 2002 (& update Feb. 4-5).

“Spitzer riding high” (New York attorney general), Jun. 17-18, 2002.

Municipal cases crash and burn, 2002: “‘Gunning for manufacturers through courts’” (Boston drops its case), Apr. 29-30; “Third Circuit nixes Philly gun suits“, Jan. 28-29. 2001: “Municipal gun suits on the run” (Camden, Atlanta, Bridgeport’s Ganim), Nov. 19-20; “Victory (again) in Connecticut” (Bridgeport), Oct. 3-4 (& Dec. 11-12, 1999); “‘New York State’s Gun Suit Must Be Dismissed’“, Aug. 22-23; “Columnist-fest” (Jacob Sullum), June 22-24; “Victory in Albany” (Miami, New Orleans, etc.), April 27-29. 2000: “Victory in Philadelphia“, Dec. 22-25; “Victory in Chicago“, Sept. 20; “‘City gun suit shot down on appeal’” (Cincinnati), Aug. 16-17 (& Oct. 8, 1999). 1999: “Victory in Florida” (Miami), Dec. 14 (& Nov. 20-21).

“‘Gunning for manufacturers through courts’” (proposed NYC ordinance), Apr. 29-30, 2002.

Commentaries by others, 2002: “Columnist-fest” (Dave Kopel, Jacob Sullum), Mar. 18. 2001: “Municipal gun suits on the run” (Peter Schuck, Kimberley Strassel), Nov. 19-20; “Columnist-fest” (Sullum), June 22-24; “City gun suits: ‘extortion parading as law’” (Robert Levy), May 14. 2000: “Tobacco- and gun-suit reading” (Michael Krauss), Aug. 21-22; “Steady aim” (Vince Carroll, Sam Smith), May 12; “Columnist-fest” (Sullum), May 2; “Stuart Taylor, Jr., on Smith & Wesson deal“, April 11; “Blatant end-runs around the democratic process” (Robert Reich), Jan. 15-16. 1999: “Weekend reading: evergreens” (Bruce Kobayashi), Oct. 23-24; “Arbitrary confiscation, from Pskov to Pascagoula” (Michael Barone), July 24-25; “Guns, tobacco, and others to come” (Peter Huber), July 20; “‘Anti-democratic, wrong, a feel-good solution‘” (editorials), July 3.

“Under the Christmas tree” (BB guns, toy soldiers), Dec. 21-23, 2001 (& see Feb. 11-12, 2002).

“State of prosecution in Iowa” (bullet possession), Jan. 28-29, 2002.

“‘FTC Taking “Seriously” Request to Probe Firearms Sites’” (unlawful to recommend guns for family security?), Jan. 16-17, 2002.

“‘North America’s most dangerous mammal’” (deer), Nov. 29, 2001.

“Gun controllers on the defensive“, Nov. 6, 2001.

“‘Shooting range sued over suicide’“, Sept. 27, 2001; “$3 million verdict for selling gun used in suicide“, Sept. 17, 2001; “‘Suicide-Attempt Survivor Sues’” (department that issued cop his gun), Jan. 24-25, 2001.

“The high cost of cultural passivity“, Sept. 21-23, 2001; “Self-defense for flight crews“, Sept. 13, 2001.

“Self-defense: an American tradition” (Bellesiles furor), Sept. 12, 2001.

“Navegar not nailed“, Aug. 15, 2001; “Victory in California” (Navegar), Aug. 7-8, 2001; “Weekend reading: evergreens” (Bruce Kobayashi), Oct. 23-24, 1999.

“Victory in Albany” (Hamilton v. Accu-Tek), April 27-29, 2001.

“Letter to the editor” (activist doctors vs. gun ownership), May 18, 2001.

“Non-gun control” (toy guns; bottles and glasses), March 23-25.

“$3 million verdict for selling gun used in suicide“, Sept. 17, 2001; “Vicarious criminal liability?” (individual who sold gun prosecuted after remote purchaser used it to commit murder), Dec. 8-10, 2000.

“Promising areas for suits” (suits against families after firearms injuries), Dec. 7, 2000.

“‘Gunshot wounds down almost 40 percent’“, Oct. 10, 2000.

“For Philly, gun lawsuits just the beginning” (city intends to sue other businesses), Oct. 5, 2000.

Effects on gunmakers: “Victory in Chicago” (dealers under pressure as liability insurance dries up), Sept. 20, 2000; “One gunmaker’s story” (Freedom Arms), June 14-15; “Gun-buying rush“, Jan. 4, 2000; “Victory in Florida” (lawyers using cost infliction as tactic), Dec. 14, 1999; “Gun jihad menaces national security” (small arms industry is important defense supplier), Nov. 9; “Skittish Colt” (not abandoning consumer market, says gunmaker), Nov. 18-19; “Proud history to end?” (Colt’s retreating from consumer handgun business), Oct. 12; Gunmaker bankruptcies: three, and counting“, Sept. 14, 1999.

“Senator Lieberman: a sampler” (opposed firearms lawsuits in D.C. in 1992), Aug. 8-9, 2000; “Veeps ATLA could love” (Durkin, D-Ill., sponsor of gun-suit bill), July 7, 2000.

“Our most ominous export” (U.S. trial lawyers help launch anti-gunmaker suit in Brazil), July 31, 2000.

“‘Poll: majority disapprove of tobacco fine’” (survey finds public against gun suits 67 to 28 percent), July 24-25, 2000.

“Giuliani’s blatant forum-shopping“, June 28, 2000; “…bad news out of New York” (city joins gun suits), June 21, 2000.

“The Wal-Mart docket” (sued over gun sales), July 7, 2000.

Parodies, cartoons: “Animated advocacy” (“smart guns” interactive game, etc.), June 16-18, 2000; “Cartoon that made us laugh” (“….We can’t take those off the market! Dangerous products are a gold mine for the gov’t!”), Jan. 21-23; “Power tools: America’s children at risk” (parody site taken seriously), Dec. 7, 1999.

“Rewarded with the bench” (judicial nomination for Connecticut AG Richard Blumenthal?), June 12, 2000; “Punished for resistance“, March 31-April 2; “Connecticut, sue thyself” (state officials, NAACP), Dec. 2, 1999.

Smith & Wesson settlement: “Victory in Albany” (see notes), April 27-29, 2001; “A Smith & Wesson FAQ“, May 18-21, 2000; “Not with our lives you don’t“, May 9; “Columnist-fest” (Jacob Sullum), May 2; “Police resent political gun-buying influence“, April 14-16; “Stuart Taylor, Jr., on Smith & Wesson deal“, April 11; “Punished for resistance“, March 31-April 2; “Another S&W thing“, March 27; “Social engineering by lawsuit” (Yale law professor Peter Schuck doubts S&W would have lost at trial), March 27; “Smith & Wesson’s ‘voluntary’ capitulation’“, March 21; “Liberty no longer insured by Smith & Wesson“, March 20, 2000.

“Not my fault, II” (19-year-old sues gunmaker, own father over accidental shooting 14 years earlier), May 17, 2000.

“Not with our lives you don’t” (gun-suit issue figures in Presidential race; Clinton, trial lawyers endorse gun control event), May 9, 2000.

Police line-of-duty: “Not with our lives you don’t“, May 9, 2000; “Police resent political gun-buying influence“, April 14-16; “Cops shoot civilian; city blames maker of victim’s gun“, April 12, 2000; “Zone of blame” (policeman’s widow sues maker of his gun), Oct. 27, 1999.

“Barrel pointing backward” (lawsuits and “smart guns”), Feb. 17, 2000; update, March 8.

“Improvements to our gun-litigation page“, Feb. 14, 2000; “Gun litigation roundup“, Feb. 10-11, 2000.

HUD: “Cuomo menaces gun makers: ‘death by a thousand cuts“, Feb. 2, 2000; “Feds’ tobacco hypocrisy: Indian ‘smoke shops’“, Jan. 25, 2000; “Gun lawsuits: White House, HUD pile on“, Dec. 9, 1999.

“Fourth Branch”?: “Steady aim“, May 12, 2000; “Judge to lawyers in Miami gun suit: you’re trying to ban ’em, right?” (anti-democratic quotes from anti-gun side), Nov. 20-21, 1999; “Gun litigation: a helpful brother-in-law” (Hugh Rodham surfaces assisting gun lawyers), Oct. 25, 1999; “Reform stirrings on public contingency fees“, Oct. 15; “Big guns” (origins of municipal litigation), Oct. 5-6; “Like calling the Orkin man to talk about bugs” (American Bar Ass’n president compares gun suits to civil rights crusade), August 10; “‘A de facto fourth branch of government‘” (Wendell Gauthier’s view of trial lawyers’ role), July 4, 1999.

Hypocrisy of municipal plaintiffs: “Do as we say, please” (big cities suing gun makers sell lots of surplus guns themselves), July 14, 1999; “Do as we say (II): gun-suit hypocrisy in Detroit“, August 30, 1999; “Gun-suit hypocrisy, Boston style” (city admits it didn’t follow own procedures in selling guns), August 25, 1999; “Connecticut, sue thyself” (state officials, NAACP), Dec. 2, 1999.

Philanthropies back anti-gun litigation: “Charity dollars support trial lawyers’ gun jihad“, Sept. 2, 1999; “Correction: the difference one letter makes” (YWCA, not YMCA, supports anti-gun efforts), Nov. 10; “Soros as bully” (“Open Society” philanthropist), Nov. 23, 1999.

“Recommended reading” (Lingua Franca on Second Amendment controversy in law schools), Jan. 25, 2000; “‘Scholar’s shift in thinking angers liberals’” (Larry Tribe says Second Amd’t does include individual right), Aug. 30, 1999.

“Fertilizer manufacturers not liable for World Trade Center bombing” (theories against them resembled those used against gunmakers), Aug. 23, 1999.

“‘Settlement bonds’: are guns next?” (Wall Street maneuvering to float bonds based on expropriation of gun industry), Aug. 5, 1999.

“Censorship via (novel) lawsuit” (lawyers suing gunmakers, Hollywood claim their theories are “traditional” and “time-honored”), Jul. 22, 1999.

Related commentary: “zero-tolerance” weapons policies

2002: “‘No scissors allowed at ribbon-cutting ceremony at Pittsburgh airport’“, Sept. 23; “Steak knives, finger ‘guns’“, May 16; “Goodbye to zero tolerance?“, Jan. 25-27.

2001: “Under the Christmas tree” (BB guns, toy soldiers), Dec. 21-23; “John Leo on Overlawyered.com“, Aug. 15; “Bagpiper prom garb” (skean dubh knife), June 21; “Drawing pictures of weapons” (also U.K. pellet gun case), May 15; “Zero tolerance spiral” (roundup), April 12; “Non-gun control” (second-graders’ paper gun), March 23-25; “ABA criticizes zero tolerance” (knife cases), Feb. 21-22; “Pointing chicken finger“, Feb. 2-4; “Gun-shaped medallion“, Jan. 18.

2000: “Tweety bird chain” (also African tribal knives case), Sept. 29-Oct. 1 (& update Oct. 4); “Kopel on zero-tolerance policies“, Sept. 25-26; “‘NZ kids get ‘license’ to play with toy guns’“, Sept. 8-10; “Ease up on kids” (Utah), Aug. 4-7; “Annals of zero tolerance” (finger guns, inadvertent steak knife in lunch bag), May 22; “Kindergartners’ ‘bang, you’re dead’“, April 17; “Don’t play James Bond” (fifth grader’s plastic toy gun), March 28; “Annals of zero tolerance: scissors, teacher’s beer“, March 15.

1999: “Weekend reading: columnist-fest” (John Leo column), Dec. 11-12; “Scissors, toy-gun cases“, Dec. 8; “Annals of zero tolerance: the fateful thumb“, Nov. 20-21; “Annals of zero tolerance: more nail clippers cases“, Nov. 10; “Annals of zero tolerance: cannon shots banned” (school disallows yearbook photo posed on artillery), Oct. 30-31 (update Nov. 26-28: school relents); “Zero tolerance strikes again” (student suspended after using knife to cut cake), Oct. 23-24.

——————————————————————————–

Other resources on gun lawsuits:

List (compiled by Prof. Eugene Volokh, UCLA Law School) of law professors skeptical of firearms suits (subcategories: municipal lawsuits, firearms torts generally).

“Suing Gun Makers” (Reason magazine “Breaking Issues” series).

Walter Olson, “Plaintiff’s Lawyers Take Aim at Democracy“, Wall Street Journal, March 21, 2000; “Big Guns“, Reason, Oct. 1999; “Firing Squad” (federalism and gun suits), Reason, May 1999.

National Center for Policy Analysis, “Suing Gun Manufacturers: Hazardous to Our Health“.

American Lawyer on origins of the municipal firearms litigation, June 1999.

American Shooting Sports Coalition, “Gun Rights: Under the Gavel“.

Guncite.com links on firearms litigation

Also see resources on product liability / on personal responsibility

Filed under: Atlanta, attorneys general, bankruptcy, Cincinnati, Connecticut, contingent fee, deep pocket, Detroit, Eliot Spitzer, federalism, guns, Iowa, Philadelphia, Pittsburgh, tobacco, Utah, zero tolerance

Archived schools items, pre-July 2003

Grades and honors, 2003: “‘Student sues over top title’” (N.J. valedictorian), May 3-4 (& update May 13: wins case); “Teachers afraid“, Mar. 31; “My lawyer says I’m the valedictorian“, Feb. 18; “‘Student sues to get A+, not A’“, Feb. 10. 2002: “Welcome Salon.com readers, Bill O’Reilly listeners“, Jul. 12-14; “Welcome Fox News viewers/ readers“, Aug. 2-4; “‘Student gets diploma after threatening lawsuit’“, Jun. 13. 2000: “Lawsuits over failing grades“, Jan. 4. 1999: “You shoulda flunked me!” (suit by athlete over too-lenient grading), Dec. 27-28.

“Annals of zero tolerance”, 2002: “Black eye for zero tolerance” (students say they found pills on school grounds), Sept. 30; “Steak knives, finger ‘guns’“, May 16; “‘Positive nicotine test to keep student from prom’” (over-18 student, off-premises consumption), Apr. 26-28 (& update May 10-12: school backs down); “Zero tolerance leaves ’em gasping” (asthma inhalers), Apr. 8-9; “School told to rehire cocaine abuser“, Mar. 20-21; “Goodbye to zero tolerance?“, Jan. 25-27. 2001: “Under the Christmas tree” (toy soldiers), Dec. 21-23; “John Leo on Overlawyered.com“, Aug. 15; “The rest of Justice O’Connor’s speech“, July 6-8 (& letters to the editor, Aug. 1); “Bagpiper prom garb” (skean dubh knife), June 21 (& letter to the editor, July 6); “Drawing pictures of weapons“, May 15; “Zero tolerance spiral” (roundup), April 12; “Non-gun control” (second-graders’ paper gun), March 23-25; “ABA criticizes zero tolerance“, Feb. 21-22; “Pointing chicken finger“, Feb. 2-4; “Fateful fiction“, Jan. 30; “Gun-shaped medallion“, Jan. 18; “‘Boy faces jail for slapping girl’s bottom’“, Jan. 5-7. 2000: “U.K.: skipping, ‘conkers’ taboo in schoolyards“, Dec. 15-17; “School now says hugs not forbidden“, Oct. 4; “Tweety bird chain” (also African tribal knives case), Sept. 29-Oct. 1 (& update Oct. 4); “Kopel on zero-tolerance policies“, Sept. 25-26; “‘NZ kids get ‘license’ to play with toy guns’“, Sept. 8-10; “Ease up on kids” (Salt Lake Tribune), Aug. 4-7; “Annals of zero tolerance” (six-year-old’s “sexual harassment”, finger guns, ABA Journal), May 22; “Kindergartners’ ‘bang, you’re dead’“, April 17; “Don’t play James Bond” (fifth grader’s plastic toy gun), March 28; “Scissors, teacher’s beer“, March 15; “Hug protest in Halifax“, March 2. 1999: “Roundup“, Dec. 27-28; “Weekend reading: columnist-fest” (John Leo), Dec. 11-12; “Scissors, toy-gun cases“, Dec. 8; “The fateful thumb” (gunlike hand gesture), Nov. 20-21; “More nail clippers cases“, Nov. 10; “Cannon shots banned” (yearbook photo posed on artillery), Oct. 30-31 (update Nov. 26-28: school relents); “Zero tolerance strikes again” (knife to cut cake), Oct. 23-24; “Dog searches of junior high lockers” (South Carolina), Oct. 15; “Annals of zero tolerance” (“Billabong” label clothing), Sept. 2 (& Sept. 8 update); “For your own good” (transparent backpacks only), August 4.

Stop having fun, 2003: Letter to the editor, Mar. 31. 2002: “Helmets for roller skaters“, Jun. 7-9; “‘Remove child before folding’” (George Will on playgrounds), Jun. 5; “Overprotecting the kids“, Feb. 18-19. 2001: “Dodge ball on endangered list“, June 13; “By reader acclaim: ‘Clowns told to get custard pie insurance’“, Apr. 9. 2000: “U.K.: skipping, ‘conkers’ taboo in schoolyards“, Dec. 15-17; “Good Humor man busted for ringing bell“, Nov. 6; “‘NZ kids get ‘license’ to play with toy guns’“, Sept. 8-10; “The forbidden cookout“, Jun. 2-4; “Musical chairs disapproved” (game said to encourage violence), May 24; “Dismounted” (horseback program for mentally impaired kids), May 12; “Little League lawsuits“, May 3; “Gray sameness of modern playgrounds“, Apr. 25-26; “Columnist-fest” (Girl Scout horseback riding disclaimer), Apr. 6; “Rise of the high school sleepover disclaimer“, Mar. 22; “Girl puts head under guillotine; sues when hurt“, Mar. 8. 1999: “A lovable liability risk” (principal’s golden retriever), Nov. 18-19; “Seesaws as museum items” (towns sued over playgrounds), Sept. 27; “Spreading to the U.K.” (schools adventure trips, etc.), Aug. 5; “For your own good” (ban on clothing or shoes that might cause students to trip; non-transparent backpacks), Aug. 4. Also see pools and swimming; scary things.

School violence cases, 2002: “Florida school shooting: the deep pockets did it“, Dec. 13-15. 2001: “Put the blame on games“, April 24 (& see March 6, 2002: judge dismisses case). 2000: “‘Just put the candy in the bag, lady’“, Sept. 4; “Principal, school officials sued over Columbine massacre“, Jul. 21-23 (update Nov. 30-Dec. 2, 2001: judge dismisses most counts); “Columnist-fest” (Anne Roiphe), May 2; “Overlawyered schools: three views“, Apr. 21-23; “Judge dismisses case blaming entertainment biz for school shootings” (Paducah case), Apr. 13. 1999: “Descent of the blame counselors“, Nov. 2; “Nominated by reader acclamation” (Klebold parents sue), Oct. 18; “Censorship via (novel) lawsuit“, Jul. 22.

Special ed, disabled rights, 2003: “Letter to the editor“, Jun. 20-22. 2002: “‘Ex-Teach’s Suit: Kids Abused Me’“, Jun. 26-27 (& update Jul. 24); “Minimum GPA for study abroad said unfair to disabled“, Jan. 9-10. 2001: “Connecticut to ‘mainstream’ retarded kids“, Jul. 5 (& letter to the editor, Aug. 1); “Litigators vs. standardized tests, I: the right to conceal“, Feb. 9-11. 2000: “‘NCAA Can Be Sued Under ADA, Federal District Judge Rules’“, Nov. 28; “Back-to-school roundup: granola bars out, Ritalin in“, Aug. 29-30; “Unwanted medical duties” (care of students), June 5; “Overlawyered schools: three views” (school discipline and IDEA, etc.), Apr. 21-23; “Disabled test-accommodation roundup“, Feb. 16; “Disabled accommodation in testing“, Jan. 12. 1999: “After Casey Martin, the deluge” (youth soccer), Nov. 5-7 (updated Nov. 13-14); “Disabled accommodation vs. testing fairness“, Sept. 21; “Death by mainstreaming” (hazards of mentally disabled 12-year-old’s rights), August 31; and see disabled rights generally.

Higher ed, 2003: “MIT sued over student’s nitrous-oxide death“, Feb. 25. 2002: “‘Rocketing liability rates squeeze medical schools’“, May 28-29; “‘Tilting the playing field’” (Title IX), May 14-15; “Law hurts men, women” (Title IX), Jan. 23-24; “Class action on behalf of illegal-alien college students“, Jan. 11-13; “‘Ex-student sentenced for rape lie’” (wants to become attorney), Jan. 11-13 (& see May 26-29, 2000: Stephen Glass graduates Georgetown Law); “Minimum GPA for study abroad said unfair to disabled“, Jan. 9-10. 2001: “University official vs. web anonymity“, Oct. 30; “‘We often turn irresponsibility into legal actions against others’” (Robyn Blumner on U. of South Fla. art student harassment case), Aug. 13-14; “Don’t rock the Coke machine“, Jul. 20-22; “By reader acclaim: student sues law prof over class demonstration“, June 27; “‘Persistent suitor’” (criticism of academic journals’ publisher), Feb. 6. 2000: “Gets no kick from football verdict” (Title IX), Nov. 3 (& Jan. 31, 2001); “Place kicker awarded $2 million“, Oct. 13; “Don’t talk to the humans” (human-subject experimentation rules), Sept. 1-3; “Why you can’t trust letters of recommendation“, Jul. 10; “Degrees of intimidation” (book on “diploma mills”, Apr. 28-30; “Prof sues for right to flunk students” (Univ. of Mich.), Mar. 16; “Mormon actress sues over profanity” (says Univ. of Utah theater dept. insisted she utter foul language in scripts), Jan. 24. 1999: “Link your way to liability?” (prof sues over “course critique” website), Nov. 15; “We didn’t mean those preferences!” (veterans’ preferences unpopular at Berkeley), Nov. 11; and see disabled rights in education.

Sports, 2003: “Schools roundup“, Apr. 9; “Sis-Boom-Sue” (cheerleading), Jan. 15-16. 2002: “‘Father files suit after son fails to make MVP award’” (hockey, New Brunswick), Nov. 8-10; “Tour of the blogs” (Title IX), Sept. 24; “‘Parents suing youth football league’“, Aug. 28; “‘Tilting the playing field’” (Title IX), May 14-15 (& Jan. 23-24); “‘Before you cheer … “Sign here”‘” (cheerleading release forms), Mar. 15-17. 2001: “Federal judge rules high-school sports schedules unlawful“, Dec. 24-27 (& letter to editor, Feb. 28); “‘Father seeks $1.5 million after son misses varsity spot’“, Dec. 13-14; “Letter to the editor” (junior varsity dance team), Sept. 3; “‘Dad sues after girl fails to make cheerleading squad’“, Jun. 4; “Suing the coach“, May 2. 2000: “‘NCAA Can Be Sued Under ADA, Federal District Judge Rules’“, Nov. 28; “‘Opposition to Indian mascots intensifies’“, Nov. 8; “Gets no kick from football verdict” (Title IX), Nov. 3; “Place kicker awarded $2 million“, Oct. 13; “‘Mother sues over lack of ice time for goalie son’“, Sept. 11; “Litigious varsity“, Feb. 8-9. 1999: “Gimme an ‘S’, ‘U’, ‘E’” (suits over failure to make cheerleading squads), Nov. 15; “After Casey Martin, the deluge” (youth soccer), Nov. 5-7 (updated Nov. 13-14); “ADA protection for boozing student athletes“, Sept. 29.

Overlawyered.com commentary:

“Schools roundup“, Apr. 9, 2003.

“Teachers afraid“, Mar. 31, 2003.

“Kids’ art on walls ruled a fire hazard“, Mar. 20, 2003.

“Suit: schoolkids shouldn’t attend rodeo“, Oct. 24, 2002.

“Cutting edge of discrimination law” (Puyallup district, Wash.), Oct. 7-8, 2002.

“Tour of the blogs” (suit vs. statewide tests), Sept. 24, 2002.

“Don’t ban peanut butter from schools“, Aug. 23-25, 2002.

Personnel: “Schools roundup“, Apr. 9, 2003; “Convicted, but still on their teaching jobs“, Jul. 10-11, 2002; “School told to rehire cocaine abuser“, Mar. 20-21, 2002; “Coming soon to a school near you” (applicant with police record OK’d since no convictions), Jan. 17, 2001; “Property taxes triple after wrongful-termination suit“, Dec. 20, 2000; “Reprimand ‘very serious’ for teacher” (had given 11-year-old girl money to buy marijuana), Jun. 27, 2000; “Victim of the century?” (misbehaving principal collects disability benefits for sexual compulsion), Jun. 2-4, 2000; “You were negligent to hire me” (undisclosed rape-related conviction), May 30, 2000.

“‘Suits Against Schools Explore New Turf’“, Jun. 19-20, 2002.

“Folk medicine meets child abuse reporting” (“coining” of children’s skin), May 31-June 2, 2002.

“Letter to the editor” (sending kids home with slight sniffle), Apr. 11, 2002.

“‘Before you cheer … “Sign here”‘“, Mar. 15-17, 2002.

“Education reforms could serve as basis for new suits“, Mar. 13-14, 2002.

“Jail for schoolyard taunts?“, Feb. 27-28, 2002.

“‘Hot-dog choking prompts lawsuit’“, Jan. 2-3, 2002.

“Australia: student wins millions over corporal punishment“, Feb. 20, 2001 (& update Dec. 15-16); “Bankrupting Canadian churches?” (Indian residential schools), Aug. 23-24, 2000.

“Overlawyered schools roundup“, Dec. 7-9, 2001.

“Educational privacy gone to extremes“, June 27, 2001 (& Nov. 28, Dec. 7-9).

“‘School sued over poor results’” (U.K.), Nov. 23-25, 2001.

“From the paint wars: a business’s demise, a school district’s hypocrisy“, Nov. 13, 2001.

“‘Teen sex offenders face years of stigma’“, Nov. 5, 2001.

“‘Never far from school halls: the lawsuit’“, Oct. 10-11, 2001; “Election roundup” (Bush proposal to protect educators from lawsuits), Oct. 23, 2000; “Overlawyered classrooms” (survey of school administrators finds fear of litigation), Sept. 11-12, 1999.

“School email pranksters to Leavenworth?” (antihacking proposal), Aug. 10-12, 2001.

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

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

“Anonymity takes a D.C. hit” (bill to ban anonymous email, browsing in schools, libraries), May 21, 2001.

“‘Iowa Supreme Court says counselors liable for bad advice’“, April 27-29, 2001.

“‘Teacher sues parent over handshake’“, March 26, 2001.

“No more Indian team names?“, March 15, 2001.

“Appeals panel: schools’ harassment rule unconstitutional“, Feb. 27, 2001; “Weekend reading” (Title IX and “student-on-student” harassment), August 21-22, 1999.

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

“U.K.’s school bullying suits“, Feb. 14-15, 2001.

“Behind ‘Boston Public’“, Nov. 21, 2000.

“‘Internet Usage Records Accessible Under FOI Laws’“, Nov. 14, 2000.

“School suspends girl for casting spell“, Nov. 1, 2000.

“Back-to-school roundup: granola bars out, Ritalin in” (allergies), Aug. 29-30, 2000; “Multiple chemical sensitivity from school construction“, Jul. 3-4; “Scented hair gel, deodorant could mean jail time for Canadian youth“, Apr. 24, 2000.

“Letourneau scandal: now where’s my million?” (boy sues), Apr. 20, 2000.

“School safety hysteria, internalized” (program encourages students to inform anonymously on depressed or angry classmates), Apr. 7-9, 2000; “Overlawyered schools: three views” (update), Apr. 21-23, 2000.

“$60,000 battle over $5 t-shirt” (dress code, heavy-metal t-shirt), Apr. 19, 2000 (update, Aug. 29-30: case settled).

“Welcome, Yahoo and About.com visitors” (this page listed), Jan. 11, 2000.

“Got milk? Get sued” (veggie lawsuit against milk in schools), Dec. 16, 1999.

Teachers sue students: “Back-to-school roundup: granola bars out, Ritalin in“, Aug. 29-30, 2000; “Drastic remedy for unruly classrooms“, Sept. 28, 1999.

“Teach but don’t touch” (educators, camp counselors afraid of physical contact with kids), Sept. 15, 1999.

“Blackboard jungle” (Ann Arbor substitute teacher back-pay case), Sept. 14, 1999 (& letter to the editor, Jun. 20-22.).

“Undislodgeable educators” (tenure plus employment law), Aug. 18, 1999.

Other online articles of interest:

Wendy M. Williams and Stephen J. Ceci, “Accommodating Learning Disabilities Can Bestow Unfair Advantages“, Chronicle of Higher Education, Aug. 6, 1999.

Articles by Overlawyered.com editor Walter Olson:

“Title IX’s Invisible Ink” (“student-on-student” harassment), Reason, August/Sept. 1999.

“Standard Accommodations” (special ed expands toward infinity), Reason, February 1999.

“Title IX from Outer Space: How federal law is killing men’s college sports“, Reason, February 1998.

“Opposing View: Meddlers Won’t Quit” (EEOC guidelines on college athletic coaches’ pay), USA Today, November 17, 1997.

“Say What?” (“accent discrimination”; Westfield, Mass. school case), Reason, November 1997.

“The Law on Trial“, Wall Street Journal, October 14, 1997 (review of Beyond all Reason by Daniel Farber and Suzanna Sherry).

“Time to Get Off the Tenure Track“, The New York Times, July 8, 1997.

“Shut Up, They Explained” (zero-tolerance harassment policies), Reason, June 1997.

“Have You Used a Kid Today As a Political Pawn?“, Chicago Tribune, November 14, 1996.

“A Connecticut Yankee in Court” (Sheff v. O’Neill decision), City Journal, Autumn 1996.

“Kidlib and Mrs. Clinton: The Hand that Rocks the Cradle,? National Review, May 11, 1992.

“Breaking Ranks“, review of Reflections of an Affirmative Action Baby by Stephen Carter, National Review, October 7, 1991.

Filed under: Australia, Canada, Connecticut, deep pocket, Iowa, Little League, schools, South Carolina, swimming, teacher tenure, Title IX, Utah, zero tolerance