November 30th, 2008 at 8:43 pm
A Brooklyn jury has awarded $4,548,000 to Anderson Alexander, a former New York City police detective injured when the office chair he was sitting on tipped over and he shot himself in the knee with a 9 mm Smith & Wesson he was holding.
“This case is not about him shooting himself,” Alexander’s lawyer Matthew Maiorana told the Daily News. “This case is about a broken chair and an unsafe workplace.”…
Alexander, 49, who retired on a three-quarters-pay disability pension, moved to South Carolina, where he works as a sheriff’s deputy.
(Scott Shifrel, “Ex-city cop wins huge award after chair he sat in broke, sending bullet into his knee”, New York Daily News, Nov. 26).
In guns; NYC; personal responsibility; police; taxpayers
November 28th, 2008 at 11:43 am
How strange to think that the Supreme Court’s writ would stop at the borders of Cook County, Ill. (Steve Chapman, “Chicago defies forgotten 2nd Amendment”, Chicago Tribune, Nov. 27).
In Chicago; guns; Supreme Court
November 23rd, 2008 at 12:34 am
- In unpublished opinion, California appeals court upholds dismissal of Unruh Act challenge to baseball Angels’ Mothers Day tote giveaway [Lex Icon, earlier]. More: CalBizLit.
- Securities class-action firm Bernstein, Liebhard & Lifshitz perhaps a less credible tribune of fiscal rectitude now that name partner Mel Lifshitz has copped felony plea to lying on federal taxes [NY Post, NYLJ, WSJ law blog] And what’s this about Lifshitz funding one of his firm’s clients? [The Street] P.S. He’s now departed the Bernstein firm, but maybe there’s an opening for him as chairman of House Ways and Means.
- Per one lawyer, “would be a stretch” for website operator to be held liable for teen’s overdose suicide with webcam running [AP]
- Carter Wood finishes up weeklong series of posts looking back on the great 1998 tobacco settlement [ShopFloor links to PoL]
- Eric Holder not a reassuring Attorney General choice for gun rights [Kopel @ Volokh]
- Law bloggers on Twitter: Anne Reed explains what the fuss is about [Deliberations; related, Michelle Golden]
- Compulsory chapel? UC Irvine Prof. Alexander McPherson, who quit supervising students rather than submit to state-mandated sexual harassment training, explains his stand [L.A. Times] Lefty blogs once again empty a bucket over his head [Feministe, Lemieux]
- Presumably unrelated: “Law Grad Accused of Faking E-Mail to Implicate Prof in Harassment” [ABA Journal, Florida Coastal]
In baseball; California; guns; harassment law; scandals; sex discrimination; suicide; tobacco settlement; Twitter
September 9th, 2008 at 7:33 am
The Bay State’s notoriously draconian laws have tripped up author Peter Manso, a 67-year-old Cape Cod resident. Manso claims the prosecution is retaliation for his writing on highly publicized crimes, but whether or not that premise is borne out, the story is an unnerving one: ten years ago the state changed an earlier provision making firearm identification cards valid for life to one requiring four-year renewals, and since then old holders who failed to get with the program have been getting tripped up, facing the prospect of long prison terms even over their protest that they never had the change called to their attention. (Jonathan Saltzman, “Writer on Cape slaying indicted on gun charges”, Boston Globe, Aug. 23; J.D. Tuccille/Examiner) (via Never Yet Melted).
In crime and punishment; guns; Massachusetts
September 7th, 2008 at 12:02 am
“A Manhattan boutique owner is suing craigslist.com for $10 million, claiming he was shot with a gun purchased on the popular Web site.” Police say Jesus Ortiz, described as a schizophrenic resident of Calvin Gibson’s East Village neighborhood, shot Gibson in an apparently random attack. Gibson “claims Ortiz told the cops that he bought the gun on craigslist, and that the suspect’s mother told others the same story.” (Jennifer Fermino and Philip Messing, “Man Shot by ‘Craigslist’ Gun Takes Aim at Site”, New York Post, Sept. 5).
In Craigslist; guns; NYC
August 20th, 2008 at 9:25 am
In Longview, east Texas, the Patterson Nissan dealership held a contest awarding prizes to the participants who could hold their hands on a car the longest. One contestant dropped out, ran to a nearby store where he broke a gun out of its case, and shot himself. The dealership has now settled the lawsuit by Richard Thomas Vega II’s widow claiming that the stress and sleep deprivation of the event amounted to “brainwashing” and that the sponsors failed to make allowances for temporary loss of sanity. (AP/FoxNews.com, Aug. 17).
In advertising; autos; guns; personal responsibility; suicide; Texas
August 15th, 2008 at 10:34 am
This is the silliest claim I’ve seen in a long while. The shooting victim’s family filed a claim against the school their son attended because it allegedly failed to enforce the dress code. The “feminine-dressing” boy was thusly singled out for abuse. (“Family of shooting victim files claim against Huenume School District”, VenturaCountyStar, Aug. 14).
Update: I revised the title for accuracy.
In deep pocket; guns; schools; sued if you do; third party liability for crime
August 4th, 2008 at 5:29 pm
For readers in the New York City area: Tomorrow evening (Tues.) I’m going to be one of three persons discussing the Constitution’s Second Amendment, and the Supreme Court’s Heller decision recognizing that it protects an individual and not merely a “collective” right, at a monthly meeting of the New York Civil Liberties Union. Details here. Also offering their views will be NYCLU’s Arthur Eisenberg, a proponent of the collective-rights view, and Damon Root of Reason magazine, who discusses the event here. There will even be pizza and refreshments.
In DC v. Heller; guns; live in person; NYC
July 23rd, 2008 at 12:41 pm
This doesn’t pretend to be anything more than a bit of unattributed circulating email humor, but it still made me laugh:
Scenario: Jack goes quail hunting before school, pulls into school parking lot with shotgun in gun rack.
1958 – Vice Principal comes over, looks at Jack’s shotgun, goes to his car and gets his shotgun to show Jack.
2008 – School goes into lock down, FBI called, Jack hauled off to jail and never sees his truck or gun again. Counselors called in for traumatized students and teachers. …
Full thing at Never Yet Melted.
In guns; schools; zero tolerance
July 15th, 2008 at 12:02 am
- New York attorney suspended from practice after attempting as guardian to extract $853,000 payday from estate of Alzheimer’s victim [ABA Journal, Emani Taylor]
- Bought a BB gun to fend off squirrels, now his 20-year-old son faces three years for bare possession [MyCentralJersey.com via Zincavage]
- U.K.: “Sports clubs face being put out of business following a landmark court ruling forcing them to be liable for deliberate injuries caused by their player to an opponent.” [Telegraph]
- Prosecutors in Norwich, Ct. still haven’t dropped their case against teacher Julie Amero in malware-popup smut case. Why not? [TalkLeft, earlier]
- Dealership protection laws, deplored earlier in this space, work to make a GM bankruptcy both likelier and messier [The Deal]
- Strange new respect for talk show host Joe Scarborough in quarters where conservatives are ordinarily disliked? Some of us saw that coming [NYMag]
- Following Rhode Island rout of lawsuit against lead-paint makers, Columbus, Ohio drops its similar case [PoL, Akron Beacon Journal editorial]
- In latest furor over free speech and religious sensitivity in Europe, Dutch authorities have arrested cartoonist “suspected of sketching offensive drawings of Muslims and other minorities” [WSJ; "Gregorius Nekschot"]
In auto dealership protection laws; free speech; General Motors; guns; lead paint; Netherlands; New York; sports; United Kingdom; wills and trusts
July 11th, 2008 at 9:25 am
Perhaps it would have been too complicated for Enrique Chavez of Anaheim, Calif. to sue himself for allowing his three year old son access to the loaded gun in the back seat of his pickup truck. So he’s suing Glock instead. “Chavez, 35, is also suing the manufacturer of the gun’s holster and the retail stores that sold him the gun and the holster. He bought the gun at the Los Angeles Police Revolver and Athletic Club and purchased a holster made by Uncle Mike’s and Bushnell Outdoor Products from Turner’s Outdoorsman.” (”Officer hurt in accidental shooting sues gun maker”, AP/San Luis Obispo Tribune, Jul. 9 via Glock Talk Forum).
In California; guns; personal responsibility; police
June 15th, 2008 at 12:08 am
My favorite syndicated columnist, based at the Chicago Tribune, started blogging last month, and has been commenting on such subjects as the Vioxx verdicts, the (possible) end of the Second Amendment debate, and imagined vs. real spending on schools.
In guns; on other blogs; Vioxx
May 28th, 2008 at 12:04 am
- More on that New Mexico claim of “electro-sensitive” Wi-Fi allergy: quoted complainant is a longtime activist who’s written an anti-microwave book [VNUNet, USA Today "On Deadline" via ABA Journal]
- Your wisecracks belong to us: “Giant Wall of Legal Disclaimers” at Monsters Inc. Laugh Floor at Disneyland [Lileks; h/t Carter Wood]
- New at Point of Law: AAJ commissions a poll on arbitration and gets the results it wants; carbon nanotubes, tomorrow’s asbestos? California will require lawyers operating without professional liability insurance to inform clients of that fact (earlier here and here); and much more.
- Actuaries being sued for underestimating funding woes of public pension plans [NY Times via ABA Journal]
- City of Santa Monica and other defendants will pay $21 million to wrap up lawsuits from elderly driver’s 2003 rampage through downtown farmers’ market [L.A. Times; earlier]
- Sequel to Giants Stadium/Aramark dramshop case, which won a gigantic award later set aside, is fee claim by fired lawyer for plaintiff [NJLJ; Rosemarie Arnold site]
- Privacy law with an asterisk: federal law curbing access to drivers license databases has exemption that lets lawyers purchase personal data to help in litigation [Daily Business Review]
- Terror of FEMA: formaldehyde in Katrina trailers looks to emerge as mass toxic injury claim, and maybe we’ll find out fifteen years hence whether there was anything to it [AP/NOCB]
- Suit by “ABC” firm alleges that Yellow Book let other advertisers improperly sneak in with earlier alphabetical entries [Madison County Record]
- Gun law compliance, something for the little people? A tale from Chicago’s Board of Aldermen [Sun-Times, Ald. Richard Mell]
- Think twice about commissioning a mural for your building since federal law may restrain you from reclaiming the wall at a later date [four years ago on Overlawyered]
In AAJ; amusement parks; Aramark; arbitration; autos; Chicago; copyright; deep pocket; disabled rights; Disney; dramshop statutes; environment; for me but not for thee; guns; Katrina; lawyering vs. privacy; Los Angeles; Louisiana; Madison County; Mississippi; New Mexico; roads and streets; taxpayers
May 12th, 2008 at 10:14 am
In more than twenty felon-found-with-firearm cases, judges have found the testimony of New York City police “to be unreliable, inconsistent, twisting the truth, or just plain false. The judges’ language was often withering: ‘patently incredible,’ ‘riddled with exaggerations,’ ‘unworthy of belief.’” Yet “with few exceptions”, the testifying officers have faced no consequences, “prosecutors did not notify police authorities about the judges’ findings”, and the Police Department says it has no official knowledge of most of the cases. Could this relate to the arrogance of a city administration hardened in the belief that individual rights always have to give way to the greater social good of “getting guns off the streets”? (Benjamin Weiser, “Police in Gun Searches Face Disbelief in Court”, New York Times, May 12)(& welcome Instapundit readers).
In crime and punishment; guns
May 10th, 2008 at 9:14 pm
It might only confuse the jury in the city’s lawsuit against a Georgia gun shop whose wares too often found their way North (Joseph Goldstein, “Gag on 2nd Amendment Is City’s Aim in Guns Suit”, New York Sun, May 9). “Mr. [John] Renzulli, who has defended suits against the gun industry in Judge Weinstein’s courtroom before, said that in the past the defense has struck a deal with the plaintiffs on the matter: Lawyers for the gun industry won’t mention the Bill of Rights to the jury, if the plaintiffs don’t mention the National Rifle Association.”
In guns
May 4th, 2008 at 10:21 pm
“Stacy Hanson and wife Colleen are suing Rocky Mountain Enterprises of Nevada, owner of the West Valley City pawn shop where Sulejman Talovic purchased a shotgun with a pistol grip. Talovic killed five people and injured four at Salt Lake City’s Trolley Square mall in February 2007.” (KSL, May 2).
In guns
April 30th, 2008 at 10:19 pm
A major victory for the good guys, of which Ted has a discussion at Point of Law. I would add that Mayor Bloomberg and other promoters of the gun litigation should take very little comfort from Judge Katzmann’s dissent, which is based on two themes — that the majority could have decided the case without reference to constitutional analysis, and that it could have certified the case to the New York courts for an authoritative account of local law — that in no way imply any endorsement of the city’s case on the merits. (Larry Neumeister, AP/SFGate, Apr. 30).
More from Hans Bader: “The Brady Center to Prevent Gun Violence has claimed that the law violates “separation of powers” by changing the outcome of pending court cases (an argument that, if taken to its logical conclusion, would require invalidating the 1964 Civil Rights Act because it legislatively overturned trespass convictions of civil-rights demonstrators who engaged in sit-ins).”
In guns
January 19th, 2008 at 10:12 am
In Great Britain, the Health and Safety Executive (HSE) has required the Carnon Downs drama group in Cornwall to undertake to keep plastic and wooden swords and cutlasses locked up when not in use on stage in a traditional pantomime. The group was also obliged to register an imitation gun which ejects a flag with the word BANG. (BBC, Jan. 18). Earlier on holiday pantomime regulation: Dec. 13, 2007 (no throwing candy to audience), Sept. 14, 2004 (cultural sensitivity in portrayals of characters).
In guns; United Kingdom