- Report: dead woman’s name robo-signed onto thousands of collection documents [Business Insider] Or was it? [comment, Fredrickson/Collections and Credit Risk (alleging that living daughter shares name of deceased mother)] “Are faked attorney signatures the ‘next huge issue’ in the foreclosure scandal?” [Renee Knake, Legal Ethics Forum]
- “Major Verdict Threatens to Bankrupt Maker of Exercise Equipment” [Laura Simons, Abnormal Use]
- Decline in competitiveness of U.S. capital markets owes much to legal and regulatory developments [Bainbridge, related]
- Deadly Choices, The Panic Virus: Dr. Paul Offit and Seth Mnookin have new books out on vaccine controversy [Orac]
- “No one’s trying to get rich off this,” says lawyer planning suit on behalf of A train subway riders stranded during NYC blizzard [NY Daily News]
- Washington Attorney General Rob McKenna continues to seek solutions to state’s uniquely exposed litigation position, including fix of joint and several liability [Seattle Times, background here and here]
- ABA Blawg 100 picks — and a critique;
- Alabama bar orders lawyer’s law license suspended, but in the mean time he’s been elected judge [four years ago on Overlawyered]
Posts Tagged ‘Washington state’
Tort liability for property losses
The Washington Supreme Court opens a product liability can of worms by abandoning a traditional doctrine that prescribes that when there was a contract between the parties, remedies for purely economic loss blamed on product defectiveness must be based on principles of contract law, not tort law. [Russell Jackson]
November 12 roundup
- By reader acclaim: “Rules in Chandler restrooms: Don’t drink from toilets” [Arizona Republic]
- Arbitration and class actions before the Supreme Court: “Misconceptions about Concepcion” [Andrew Trask]
- County commissioner candidate sues county employees, rival over election flyer [Whidbey Island, Wash. News-Times]
- Fannie’s Tammany: MacLean, Nocera on the politicized world of the mortgage GSEs [Tabarrok]
- $56 million obstetrics verdict against Westchester County, N.Y. hospital [Hochfelder]
- Legal Ethics Forum is looking for guest bloggers;
- New Federalist Society white papers on Ohio and North Carolina supreme courts;
- “When Art Imitates Life: Suing for Defamation in Fiction” [Jane Kleiner, Citizen Media Law]
Update: Judge upholds $13 M award for Seattle firefighter
Updating our August 12 item: “A King County Superior Court judge refused Monday to vacate a nearly $13 million award to a Seattle firefighter who was injured at a fire station in 2003. The city of Seattle appealed the award after an investigator it hired captured Mark Jones on surveillance video dancing, chopping wood, playing horseshoes and bocce ball this past spring.” Judge Susan Craighead said the city should have developed its evidence earlier and that the standard for demonstrating fraud is an extremely high one in cases of this kind. [KOMO]
“Requiring Fitness for Duty Exam for Erratic Behavior Did Not Violate ADA”
“In Brownfield v. City of Yakima, the Ninth Circuit held that the City did not violate the ADA by requiring a police officer employee to undergo a fitness for duty exam following several incidents of erratic behavior by the employee.” [Robin Weideman, California Labor and Employment Law Blog]
McKenna on Washington sovereign immunity
Attorney General Rob McKenna of Washington discusses the need to roll back a combination of legislation and judicially created doctrine that leaves the state uniquely exposed to liability lawsuits. “Calls to attorneys general offices in other states reveal we pay much more than states with similar-sized populations: eight times more than Tennessee, five times more than Arizona and at least three times more than Massachusetts. These disparities date back at least 15 years.” [Seattle Times; my 2005 take]
One judge’s philosophy?
Washington Supreme Court Justice Richard Sanders, who won a moment of fame nationally for heckling then-Attorney General Michael Mukasey at a dinner, may conceive himself as a champion of the underdog, but if the Seattle Post-Intelligencer’s coverage is accurate, he doesn’t always manage to convey that stance in the most felicitous way: “Sanders said his job as a Supreme Court justice is to make sure ‘the smallest dog can lift its leg against the largest tree.'”
July 13 roundup
- Wal-Mart spending millions to fight $7,000 OSHA fine? Not so paradoxical when you think about it [Coyote]
- Proliferation of product recalls, as with warnings, can result in consumer fatigue and inattention [WaPo via PoL]
- Settlement said to be near between casino and gambler who lost $127 million [WSJ, UPI, earlier]
- “Think Globally, Sue Locally: Out-of-Court Tactics Employed by Plaintiffs, Their Lawyers, and Their Advocates in Transnational Tort Cases” [study, PDF and press release; Jonathan Drimmer for US Chamber, related WSJ]
- “End of an Era? Another Crunch Berries Case Dismissed” [Lowering the Bar, California Civil Justice, earlier on “froot” cases here, here, etc.]
- New Jersey: “School legal costs are a killer” [Rayner, Daily Record]
- ABA Journal profiles Ted Frank;
- We’re the ones who write the laws around here, not you legislators: Washington Supreme Court strikes down med-mal notice law [SeattlePI.com]
“Families of slain Lakewood officers to sue for $134 million”
The [officers’] widows believe that if someone had been listening to [Maurice] Clemmons’ jailhouse phone calls, their husbands could still be alive today. …
While they were recorded, the calls from the Pierce County Jail were never monitored. No one heard them. …
[Pierce County sheriff spokesman Ed] Troyer said it was “preposterous” to think that the county could have listened to every phone call made from the jail.
“It would take over 40 people and $50 million a year to do,” he said. “Plus, we don’t even believe that it’s legal just to randomly listen to people’s phone calls on a full-time basis.”
Washington has gone farther than other states in exposing its state and local governments to exposure in lawsuits alleging failure to prevent crime.
Update: Families drop claims the next day after highly adverse public reaction [Seattle Times]
“Washington: Legislature May Allow Cops To Seize Cars At Will”
“Police in Washington state will have the power to take any car for at least twelve hours under legislation passed unanimously by the state House earlier this month and considered by a Senate committee yesterday.” The bill would provide for minimum 12 hour impoundment of any vehicle in a DUI arrest, whether or not the charges are dropped or the vehicle is owned by an innocent third party. “The Towing and Recovery Association of Washington is one of the main lobbying organizations pushing for the adoption of the law.” [TheNewspaper.com]