- “Common sense makes a comeback” against zero tolerance in the classroom [USA Today]
- Slip at Massachusetts antiques show leads to lawsuit [Wicked Local Marion]
- Update: Washington Supreme Court takes up horn-honking case [Lowering the Bar, earlier]
- MICRA as model: “California’s Schwarzenegger stumps for medical liability reform” [American Medical News]
- “Inventing a better patent system” [Pozen, NYT]
- Google Books settlement narrowed to countries with “common legal heritage” [Sag, ConcurOp]
- One way to make ends meet: cash-strapped Detroit cops are seizing a lot more stuff [Detroit News via Business Insider]
- What temperatures are hot coffee actually served at? Torts buffs (including our Ted Frank) want to know [TortsProf exchange with Michael Rustad and followup, more and yet more]
Posts Tagged ‘Massachusetts’
Another Craigslist housing-ad crackdown
Massachusetts Attorney General Martha Coakley nails twenty property owners and real estate agents over “no kids”, “no Section 8” language in Craigslist ads [Legal NewsLine]
Coming back for alimony 20+ years after disavowing it
Seems to pass for acceptable practice in Massachusetts. [Jennifer Levitz, WSJ, via Amy Alkon, who by the way has a new book coming out momentarily called I See Rude People — for the benefit of the FTC, I should say I’ve neither seen nor requested a free copy.]
October 6 roundup
- Woman who escaped first WTC bombing broke her ankle ten days later. Should New York’s Port Authority pay her $500,000? [Hochfelder]
- Former New York congressman and Pace Law School dean Richard Ottinger and wife rebuffed in what court deems SLAPP suit against commenter who criticized them on online forum; commenter says legal fees have cost him two years’ income [White Plains Journal-News, Westchester County; earlier] Amici in Massachusetts case endorse anti-SLAPP protection for staff of media and advocacy organizations [Citizen Media Law] “Canadian Court Rejects Defamation Liability for Hyperlinks” [same]
- “Chuck Yeager Tries Again to Stretch Right of Publicity” [OnPoint News, earlier]
- And naturally the advocates are demanding more regulation rather than less: “[Restaurant] Calorie Postings Don’t Change Habits, Study Finds” [NYT] More: Ryan Sager, Jacob Sullum.
- Famed L.A. lawyers Thomas Girardi and Walter Lack might get off with wrist-slaps over Nicaraguan banana suit scandal [The Recorder, Cal Civil Justice, earlier]
- Ralph Lauren lawyers: don’t you dare reproduce our skinny-model photo in the course of criticizing our use of skinny models [BoingBoing; and welcome Ron Coleman, Popehat readers; more at Citizen Media Law and an update at BoingBoing] Copyright expert/author Bill Patry is guestblogging at Volokh Conspiracy [intro, first post, earlier]
- Profile of John Edwards aide who played key role in Rielle Hunter affair [Ben Smith, Politico]
- Blind lawyer’s “call girl bilked my credit card” claim includes ADA claim against credit card company (but judge rejects it) [ABA Journal, Above the Law]
September 28 roundup
- Massachusetts: “New Law to ‘Protect’ Kids from Germs Would Kill Band Program” [Free Range Kids]
- ACORN lawsuit against videomakers analyzed [Above the Law, Ken at Popehat and more] More: Andrew Moshirnia, Citizen Media Law.
- “The Remoras Are Loose Again”: judge vs. opportunistic class action objectors [WSJ Law Blog, CL&P, 10b-5 Daily]
- How ill-considered FAR (floor area requirement) zoning regulations can uglify new houses [Fountain]
- Doctor wins $10 million libel award against St. Petersburg Times, deceased reporter’s notes not allowed into evidence [St. P. Times, ABA Journal]
- Norm Pattis vs. Gerry Spence’s Trial Lawyers College, cont’d [Connecticut Law Tribune]
- “Mother’s Suit Over Tot’s Injury is a Real Hot Potato” [OnPoint News, Massachusetts Dunkin’ Donuts]
- Remembering Barack Obama’s days as a class action lawyer [Mark Tapscott, Washington Examiner]
August 31 roundup
- California: “Feds Say Lawyer Took Bribe to Encourage Client to Lie in Immigration Case” [NLJ]
- “Before you celebrate [the] seemingly wise anti-litigation statement [of the “Skanks in New York” blogger], take note that she’s suing Google…” [Althouse, earlier here, here, etc.] Dispute is female-vs.-female, but feminist lawprofs inevitably spot gender discrimination [Citron, ConcurOp; Greenfield]
- “Ousted members of Florida chess board sue to reclaim their volunteer positions” [St. Petersburg Times]
- Man freed after serving 22 years on dubious child abuse charges, but prosecutor who went after him is doing fine [Radley Balko, Reason “Hit and Run”, Bernard Baran case, Massachusetts]
- Khalid bin Mahfouz, plaintiff in celebrated “libel tourism” case against Rachel Ehrenfeld in England, is dead at 60 [Wasserman/Prawfsblawg]
- Colorful University of Connecticut law professor lands in a spot of bother again after girlfriend’s arrest [Above the Law]
- Federal judge says prosecutor in Chicago U.S. Attorney’s office allowed witness to testify falsely [WSJ Law Blog]
- Deja vu? “‘Seinfeld’ joke gets man canned for harassment” [Des Moines Register, earlier Wisconsin case; & see Ted’s caveat in comments]
“Teen passenger in speeding car sues driver who was hit”
Investigators for the Salem, Mass. police concluded that the Pereira cousins’ vehicle had been speeding along recklessly at 81 mph when they collided with the Honda Odyssey minivan of Christine Speliotis and her passenger; Timothy Pereira now faces multiple charges while police concluded that Speliotis was traveling at a reasonable speed and did not charge her with wrongdoing. Now Brandon Pereira, who was a passenger in his cousin’s vehicle and severely injured in the crash, is suing Speliotis, who with her passenger suffered broken bones and other injuries. His attorney, Roland Hughes, provided this quote to the Salem News: “Basically, under Massachusetts law I’m trying to get compensation for my client anywhere I can.”
“The unique hell that is Massachusetts alimony law”
The Bay State’s law is seriously hostile to breadwinners, but also exceedingly vague, giving ex-spouses reason to contest and appeal every issue. Reform in the state legislature is perennially getting derailed by lack of lawyer support:
Guy Ferro, the Connecticut family law attorney, says they won’t [work against their own financial interest]. Indeed, when a committee of the American Academy of Matrimonial Lawyers tried to draft alimony guidelines, other attorneys successfully pushed to spike that initiative. Ferro says the thinking was: “If a person can go to guidelines and plug in a number to show what they have to pay in alimony and for how long, what do they need lawyers for?”
[Boston Magazine via Above the Law]
Massachusetts’s long tax arm
The state is suing the Town Fair Tire chain, saying its outlets in New Hampshire (a state with no sales tax) should have collected tax on Massachusetts residents’ purchases and sent it off to Boston on their behalf. It was supposed to know which customers these were by checking their cars’ license plates. [Daniel J. Flynn, City Journal] More: TaxProf covered the suit in February.
Boston Chinese restaurant blaze: “Firefighters’ families settle for $2.2m”
Boston Globe: “The families of two Boston firefighters killed in a West Roxbury restaurant fire and a third firefighter injured in the blaze will split $2.2 million to settle lawsuits they brought against the restaurant, its landlord, and a grease-cleaning company, according to a source involved in the agreement.” As we’ve mentioned in the past, the “firefighters’ rule”, a “doctrine that historically has barred lawsuits by public safety officers against those whose negligence has allegedly led to emergencies […] has decayed considerably in recent years in some jurisdictions, and suits by firefighters, police, paramedics and other rescuers have multiplied.” Also of note: “when they died, [one of the two firefighters] had traces of cocaine in his blood, and [the other’s] blood alcohol level was .27, three times the legal limit to drive in Massachusetts, according to two government officials who described the results to the Globe”. The firefighters’ union has thus far successfully blocked efforts to subject its members to drug and alcohol testing.