Posts Tagged ‘Louisiana’

Update: teen who rode oil pump loses case

Reversing a state appeals court, the Louisiana Supreme Court has reinstated summary judgment in favor of a defendant manufacturer in the case of a 13-year-old injured while playing unsupervised with an oil pump, “finding that riding an oil-well pump like it was an amusement park ride was not a reasonably anticipated use of the pumping unit at the time of its manufacture in the 1950’s.” [Wajert; Payne v. Gardner, PDF; earlier]

February 22 roundup

Court: riding oil pump like toy horse could be “reasonably anticipated” use

By reversing a grant of summary judgment, a Louisiana court has reinstated a suit alleging that the manufacturer of a 50-year-old oil pump should have reasonably anticipated that a 13-year-old boy would climb onto its moving pendulum and attempt to ride it for fun, thus injuring himself. As evidence that such a use was reasonably foreseeable, plaintiffs offered three instances in which kids had been hurt attempting similar stunts in other states — all of which, as it happened, had occurred well after the making of the Louisiana pump, leaving it unclear in what way they could have served to put its manufacturer “on notice” of anything. [Sean Wajert]

September 21 roundup

  • Facing four harassment claims, embattled Philadelphia housing chief files his own suit for $600K+ [Inquirer]
  • “Ohio State Abuses Trademark Law to Suppress a Fan Magazine and Website” [Paul Alan Levy, CL&P]
  • “Judge Dismisses Baltimore Blight Suit Against Wells Fargo, Will Allow Refiling” [ABA Journal]
  • Trial lawyer taking behind-the-scenes hand in Louisiana politics [OpenSecrets via Tapscott]
  • “Are hedge funds abusing bankruptcy?” [Felix Salmon and WSJ]
  • North Carolina alienation-of-affection law strikes again: “’Mistress Ordered to Pay $5.8 Million’ to Wronged Wife” [Volokh, Althouse]
  • “Lawyers take a haircut on a contingency fee in Colorado” [Legal Ethics Forum]
  • ADA lawsuits close another beloved eatery [Stockton, Calif.; six years ago on Overlawyered]

September 2 roundup

August 21 roundup

  • More criticism of $671 million California nursing home verdict [Tracy Leach/Examiner, California Civil Justice, earlier]
  • Community service as precondition for college tax credits? [Charlotte Allen/Minding the Campus, earlier]
  • Casket-making monks vs. Louisiana funeral regulators [Ken at Popehat]
  • Careful about repeating claims that bad stuff in the environment is causing children to go through puberty earlier [Sanghavi, Slate]
  • Grilled chicken: “California Restaurants Lose Appeal On Cancer Warnings” [Dan Fisher/Forbes, earlier]
  • Randy Maniloff on the uncertain foundations of insurance bad faith law [Mealey’s, PDF]
  • “Why Imitation Is the Sincerest Form of Fashion” [Raustiala/Sprigman, NY Times, earlier on design “knockoff” legislation here, here, and here]
  • On a personal note, this week I completed my relocation from the New York to the Washington, D.C. vicinity. I look forward to seeing more of my friends both at the Cato Institute’s offices and elsewhere around D.C.