Archive for June, 2003

Archived tobacco items, pre-July 2003

Florida class action (Engle), 2003: “A $710 million loose end“, Jun. 24; ““Trial lawyers get spanked’“, May 24-26; “Court overturns $145 billion Engle award“, May 22-23. 2001: “Angles on Engle“, May 24. 2000: “‘Not even thinking about’ fees“, Aug. 11-13; “Smoking and responsibility: columnists weigh in“, Jul. 28-30; “‘Poll: majority disapprove of tobacco fine’“, Jul. 24-25; “Florida verdict: more editorial reaction“, Jul. 24-25; “Smoking and responsibility: columnists weigh in“, Jul. 28-30; Editorial roundup“, Jul. 19-20; “Florida tobacco verdict“, July 18; “Tobacco: why stop at net worth?” (punitive damage rulings by judge), Jul. 10; “Another Mr. Civility nominee” (Stanley Rosenblatt), Jun. 2-4. 1999: “$49 million lawyers’ fee okayed in case where clients got nothing” (secondhand smoke class action), Sept. 28; “Personal responsibility takes a vacation in Miami“, Jul. 8; “The Florida tobacco jurors: anything but typical“, Wall Street Journal, Jul. 12, 1999.

Tobacco fees reconsidered, 2003: “Senate panel nixes tobacco-fee clawback“, May 9-11; “Feds indict former Texas AG“, Mar. 8-9; “‘Not a pretty picture’“, Jan. 10-12. 2002: “Judge overturns $1.3 billion tobacco fee award” (Castano Group), Sept. 27-29; “Welcome Fox News viewers/ readers“, Aug. 2-4; “Tobacco fees: one brave judge” (New York), Jul. 30-31 (& Aug. 2-4, Jun. 21-23, Oct. 16-17, Oct. 25-27, 2002; Feb. 11 & Jun. 6-8, 2003; May 11, 2001).

“‘Lawyers who won $10 bil. verdict had donated to judge’“, Apr. 30, 2003; “A bond too far“, Apr. 4-6; “Appeals bonds, again“, Apr. 2-3; “Mad County pays out again” (“light” cigarette class action), Mar. 24, 2003.

“‘Nanny Bloomberg’” (NYC smoking ban), Oct. 22, 2002.

Tobacco fees, state by state, 2003: “‘Law firms in tobacco suit seek $1.2b more’” (Mass.), May 19 (& Jan. 2-3, 2002, Dec. 22, 1999); “Feds indict former Texas AG“, Mar. 8-9 (& May 22, Sept. 1-3, 2000; Jun. 21, Aug. 29-30, Nov. 12, 2001, Jul. 15, Jul. 30-31, 2002; Jan. 10-12, 2003). 2002: “Judge overturns $1.3 billion tobacco fee award” (Castano Group, California), Sept. 27-29; “Tobacco fees: one brave judge” (N.Y.), Jul. 30-31 (& Aug. 2-4, Jun. 21-23, 2002, Oct. 16-17, 2002, Feb. 11, 2003, May 11, 2001); “Dewey deserve that much?“, Mar. 6; “Mass., Ill., NYC tobacco fees“, Jan. 2-3. 2001: “Michigan tobacco fees“, Sept. 19-20; “Tobacco-fee tensions” (Fla. resumes investing in tobacco cos.), Jun. 21 (& letter to editor, Jul. 6); “Missouri’s tagalong tobacco fees“, Jun. 5 (& Sept. 21, 2000); “‘Lungren now a paid advocate for his former foes’” (Calif.), Apr. 5; “(Another) ‘Monster Fee Award for Tobacco Fighters’” (Calif. cities and counties), Mar. 21-22; “Reclaiming the tobacco loot“, Mar. 15; “Lawyers get tobacco fees early“, Mar. 5; “Tobacco arbitrator: they all know whose side I’m on“, Feb. 16-19. 2000: “Beehive of legal activity: Utah tobacco fees“, Nov. 6; “South Carolina tobacco fees: how to farm money“, Oct. 25; “Gore amid friendly crowd (again)” (Fla.), Apr. 12 (& “Dershowitz’s Florida frolic?“, Jul. 17; also see Dec. 8-10, 2000, Aug. 8-9, 2000, Dec. 27-28, 1999); “Sooner get rich” (Oklahoma), Jun. 7; “‘Lawyers’ tobacco-suit fees invite revolt’” (Ohio), May 23; “North Carolina (& Kentucky & Tennessee) tobacco fees“, May 2; “Connecticut AG has ‘no idea’ whether lawyers he hired are overcharging“, Feb. 3 (& update Feb. 16); “Pennsylvania tobacco fees: such a bargain!“, Jan. 10 (& Oct. 24, 2002). 1999: “Maryland’s kingmaker” (Peter Angelos), Oct. 19 (& Dec. 9, 1999, Oct. 16-17, 2000, June 21, 2001, Apr. 10, 2002); “Illinois tobacco fees“, Oct. 16-17; “My dear old tobacco-fee friends” (Kansas AG, like Connecticut’s, gave tobacco business to her old law firm), Oct. 11 (see also Sept. 21, 2000); “Boardwalk bonanza” (N.J.), Oct. 1-3; “News judgment“, Aug. 6; “Puff, the magic fees” (Wisc.), Jul. 13.

Tobacco-fee tycoons, 2003: “Class action lawyer takes $20 million from defendant’s side” (Joseph Rice), Mar. 15-16; “‘Not a pretty picture’“, Jan. 10-12; 2002: “Rumblings in Mississippi” (Scruggs, Minor), Oct. 9-10 (& Nov. 6); “Judge overturns $1.3 billion tobacco fee award” (Castano Group), Sept. 27-29. 2001: “Settle a dispute today” (O’Quinn vs. Jamail), Sept. 18; “Ness monster sighted in Narragansett Bay” (Rhode Island, Ness Motley), Jun. 7 (& see Oct. 6-9, 2000, July 17, 2000, Nov. 1, 1999). 2000: “Punch-outs, Florida style” (Robert Montgomery), Nov. 17-19 (& see Aug. 8, April 12, 2000; Aug. 21-22, 1999); “Friend to the famous” (Williams Bailey), Oct. 12; “Senator Lieberman: a sampler” (voted to curb tobacco fees), Aug. 8-9; “Trial lawyer candidates” (Minnesota’s Ciresi), Jul. 6 (& update Sept. 15-17; loses primary bid); “‘Lawyers’ tobacco-suit fees invite revolt’” (USA Today editorial), May 23. 1999: “Who’s afraid of Dickie Scruggs?“, Dec. 2; “Maryland’s kingmaker” (Peter Angelos), Oct. 19 (& Dec. 9, 1999, Oct. 16-17, 2000, June 21, 2001); “The Marie Antoinette school of public relations” (tobacco lawyers pose for photo shoot on their yachts, horse farms, etc.), Aug. 21-22; and see lawyers’ campaign contributions.

Humor: “Dave Barry on tobacco settlement, round III“, Sept. 16-17, 2002; “Dave Barry on tobacco suits, round II“, March 16, 2000; “Dave Barry on federal tobacco suit“, Oct. 26, 1999; “Cartoon that made us laugh” (“….We can’t take those off the market! Dangerous products are a gold mine for the government!”), Jan. 21-23, 2000.
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Terms of state tobacco settlement, 2003: “Appeals bonds, again“, Apr. 2-3. 2002: “We did it all for the public health, cont’d” (Alabama devotes more proceeds to tobacco farmers than to smoking reduction), Aug. 22; “Tobacco settlement funds go to tobacco promotion” (N.C.), Jun. 28-30; “‘Bush budget surprise: $25M for tobacco suit’” (Martha Derthick, Up in Smoke), Feb. 20. 2001: “Tobacco-fee tensions” (Fla. resumes investing in tobacco cos.), Jun. 21 (& letter to editor, Jul. 6); “Reclaiming the tobacco loot“, Mar. 15; “Push him into a bedroom, hand him a script” (Bill Clinton testimonial for tobacco lawyers), Mar. 9-11; “Lawyers get tobacco fees early“, Mar. 5; “Tobacco arbitrator: they all know whose side I’m on“, Feb. 16-19; “Safer smokes vs. the settlement cartel“, Feb. 7-8. 2000: “Missouri tobacco fees“, Sept. 21, 2000; “Tobacco- and gun-suit reading” (Stuart Taylor, Jr.), Aug. 21-22, 2000; “Challenging the multistate settlement“, Jul. 17, 2000. 1999: “‘Few Settlement Dollars Used for Tobacco Control’“, Dec. 27-28; “Tobacco bankruptcies, and what comes after” (state gov’ts, trial lawyers would become cigarette producers), Dec. 13; “How the tobacco settlement works” (the more cigarettes sold, the more money states get), Nov. 2; “Addictive tobacco money” (states sued over alleged burden on their taxpayers — so are they using the proceeds to cut taxes?), Sept. 7; “Collusion: it’s an AG thing” (terms of settlement cartelize cigarette industry), Jul. 29. Also see Walter Olson, “Puff, the magic settlement“, Reason, Jan. 2000.

“‘Tough tobacco laws may not deter kids’“, Jun. 7-9, 2002; “Blind newsdealer charged with selling cigarettes to underage buyer“, Sept. 16, 1999.

“Sin-suit city” (Banzhaf), Jun. 10, 2002.

“Ad model sues tobacco company“, May 1-2, 2002.

“Australian party calls for banning smoking while driving“, Jun. 3-4, 2002; “‘Positive nicotine test to keep student from prom’” (over-18 student, off-premises consumption), Apr. 26-28, 2002 (& update May 10-12: school backs down); “Judge orders woman to stop smoking at home“, Mar. 27-28, 2002; “‘Smokers told to fetter their fumes’” (smoking in homes that bothers neighbors), Nov. 26, 2001; “Utah lawmakers: don’t smoke in your car” (when kids present), Oct. 5-7, 2001; “Apartment smoking targeted“, Jan. 3, 2000.

“Australian party calls for banning smoking while driving“, Jun. 3-4, 2002 (document retention case); “International tobacco suits: not quite such easy pickings“, Feb. 1-3, 2002; “‘Saudi Arabia finally gets tough on terrorism!’“, Dec. 10, 2001; “More from Judge Kent” (Bolivian suit), Aug. 3, 2001; “Smoker’s suit nixed in Norway“, Dec. 18-19, 2000; “They call it distributive justice” (government of Saudi Arabia sues tobacco cos.), Nov. 16, 2000; “Spreading to Australia?“, Dec. 29-30, 1999; “Israeli court rejects cigarette reimbursement suit“, Oct. 7, 1999.

“Veeps ATLA could love” (Durbin, D-Ill., as guardian of tobacco lawyers’ fees), July 7, 2000 (& see Apr. 25, 2002).

“Competing interests: none declared”. “The unconflicted Prof. Daynard“, April 21-23, 2000 (& update: letters, Jan. 2001, June 2001; Aug. 2, Dec. 17, 2001).

Federal tobacco suit: our views: “‘Bush budget surprise: $25M for tobacco suit’“, Feb. 20, 2002; “Judge throws out half of federal tobacco suit“, October 2, 2000; “Good news out of Washington…” (House votes to cut off funding for suit), June 21, 2000 (& update June 26: action reversed, funds approved); “Feds: dissent on smoking = racketeering“, Sept. 23, 1999; “Guest column in Forbes by Overlawyered.com‘s editor“, Oct. 25, 1999.

“Prison litigation: ‘Kittens and Rainbows Suites’” (cellmate’s smoking violates rights), Jan. 11-13, 2002.

Boeken v. Philip Morris: “Boeken record“, June 19, 2001; “$5,133.47 a cigarette“, Jun. 11, 2001; “Tobacco plunder in Los Angeles” ($3 billion damage award), Jun. 8-10, 2001.

Federal tobacco suit: others’ views: “Columnist-fest” (Jacob Sullum), Jun. 22-24, 2001; “Blatant end-runs around the democratic process” (former Labor Secretary Robert Reich), Jan. 15-16, 2000; “Dave Barry on federal tobacco suit” (plus novelist Tom Clancy’s critique), Oct. 26, 1999; “‘This wretched lawsuit’” (Jonathan Rauch in National Journal ), Oct. 13, 1999; “Feds’ tobacco shakedown: ‘A case of fraud’“, Sept. 29, 1999 (roundup of editorial pages); “Feds as tobacco pushers” (columnist Andrew Glass recalls encouragement of smoking in U.S. Army), Sept. 24, 1999; “Hurry up, before the spell breaks” (leading plaintiff’s lawyer wants feds to sue fast since public losing interest), Sept. 24, 1999.

Regulation by litigation: “Tobacco- and gun-suit reading” (law prof Michael Krauss), Aug. 21-22, 2000; “Convenient line at the time” (tobacco is unique, said state attorneys general — sure), May 15; “Stuart Taylor, Jr., on Smith & Wesson deal” (“Guns and Tobacco: Government by Litigation”), Apr. 11, 2000; “Arbitrary confiscation, from Pskov to Pascagoula” (Michael Barone in U.S. News on threat to rule of law), Jul. 24-25, 1999; “Guns, tobacco, and others to come” (Peter Huber in Commentary on the new mass-tort cases as “show trials”), Jul. 20; “‘A de facto fourth branch of government’” (prominent trial lawyer Wendell Gauthier’s view of plaintiff bar’s role), Jul. 4, 1999.

“Dewey deserve that much?“, Mar. 6, 2002; “Health plans rebuffed in bid to sue cigarette makers“, Jan. 11, 2000.

“Terrorists, American business execs compared“, Sept. 28-30, 2001.

“Columnist-fest“, Jun. 22-24, 2001 (Amity Shlaes on asbestos synergy case); “Best little forum-shopping in Texas” (state’s Medicaid suit got filed in Texarkana, contributing $6.1 million to local economy), Aug. 27, 1999.

“The Kessler agenda” (former FDA chief calls for cigarette ban), Jan. 12-14, 2001; “Kessler rebuked” (FDA claim of authority over tobacco), March 27, 2000.

“Updates” (baby Castano suit nixed in N.Y.), Dec. 26-29, 2000.

“Wal-Mart’s tobacco exposure“, Sept. 25-26, 2000; “The Wal-Mart docket” (sued over tobacco sales), July 7, 2000.

“Another billion, snuffed” (antitrust lawsuit between snuffmakers), May 10, 2000.

“Hollywood special: ‘The Insider’“, Mar. 30, 2000.

“Because they still had money” (Hausfeld’s price-fixing suit), Mar. 2, 2000.

“Tobacco lawyers’ lien leverage“, Feb. 29, 2000.

“Feds’ tobacco hypocrisy, cont’d: Indian ‘smoke shops’“, Jan. 25, 2000; “Do as we say, please” (Indian tribes, after profiting immensely from tax-free smoke shops, turn around and sue suppliers), Jul. 14, 1999.

“The joy of tobacco fees“, Jan. 20, 2000.

“Calif. state funds used to compile ‘enemies list’“, Jan. 5, 2000.

“‘Trial lawyers on trial’” (Trevor Armbrister, Reader’s Digest), Dec. 23-26, 1999.

“Philadelphia Inquirer Tech.life: ‘Web Winners’” (this page is recommended), Dec. 15, 1999.

“Ohio tobacco-settlement booty“, Nov. 8, 1999.

“Public by 2-1 margin disapproves of tobacco suits“, Nov. 5-7, 1999.

“Not-so-Kool omen for NAACP suit“, Nov. 1, 1999.

“Minnesota to auction seized cigarettes“, Oct. 21, 1999.

“Reform stirrings on public contingency fees“, Oct. 15, 1999.

“Big guns” (tobacco example shaped gun litigation), Oct. 5-6, 1999.

“Plus extra damages for having argued with us” (“lesson of tobacco”: you can get punished for defending your product), Aug. 19, 1999.

“‘Settlement bonds’: are guns next?” (how Wall Street finances expropriation of industries), Aug. 5, 1999.

Do the tobacco wars that began in the mid-1990s represent an unprecedented triumph for public health? Are they an inevitable response to legislative gridlock on smoking policy? Or are they our legal system’s own updated version of the Gilded Age scandals that brought American government into disrepute a century ago, siphoning billions of dollars of publicly obtained money into the hands of politically connected attorneys? Commentaries on Overlawyered.com (above) may help you decide. In the mean time, the following links offer a way into the wider tobacco controversy:

Anti-tobacco groups, most of which are supportive of litigation as well as other coercive government actions aimed at curtailing tobacco sale and use, are well represented on the web. They include Tobacco.org, federally funded antitobacco activist Stanton Glantz’s Tobacco Control Archives, Americans for Non-Smokers’ Rights, Action on Smoking and Health, and the American Council on Science and Health. Tobacco.org’s links list is especially comprehensive. The empire associated with Prof. Richard Daynard, participant in tobacco suits, oft-quoted expert, and professor at Northeastern U., includes the Tobacco Products Liability Project and Tobacco Control Resource Center, as well as the State Tobacco Information Center. The Castano Group, a vast joint venture of trial lawyers cooperating to file tobacco class actions, maintains a website that is distinctly uninformative (unless you’re a lawyer/member or a cooperative pressie).

Relatively neutral sites include Yahoo Full Coverage.

Critics of the anti-tobacco crusade often note that it curtails individual liberty, freedom of contract and freedom of association. As part of its Breaking Issues series (“Fining Smokers“), Reason magazine includes a list of online articles skeptical of the government’s role in the tobacco field, while Reason senior editor Jacob Sullum is the author of 1998’s For Your Own Good : The Anti-Smoking Crusade and the Tyranny of Public Health. At the libertarian-oriented Cato Institute, Robert Levy has criticized “The Tobacco Wars“, written that “States Share Blame for Tobacco Lawyers’ Greed“, and called tobacco settlements “Dangerous to Your Liberty“; the state Medicaid suits, he argues, are “Snuffing Out the Rule of Law“. Cato’s Jerry Taylor describes the battle as “The Pickpocket State vs. Tobacco“. “The Anti-Tobacco Crusade” by Joseph Kellard, Capitalism magazine, March 1998, argues from a viewpoint supportive of Ayn Rand’s Objectivism. In Colorado, the Independence Institute maintains a Center for Personal Freedom run by Linda Gorman which draws the connection to other paternalist crusades on issues like drinking, seatbelt use and mandatory helmet laws. The Heritage Foundation’s Todd Gaziano makes the case that a proposed federal lawsuit against tobacco companies is “elevating politics over law” (July 30, 1999 Backgrounder). Overlawyered.com‘s editor has taken exception to the retroactivity of the crusade, to its manipulative treatment of children, and to the hardball or demagogic tactics used in the Castano and Engle cases. Rep. Chris Cox (R-Calif.) delivered a notable critique of the tobacco litigation at a Congressional hearing held Dec. 10, 1997 (no longer online).

An extensive site offering an aggressive defense of smoking and smokers, along with a large collection of links, is Forces International (“Fight Ordinances and Restrictions to Control and Eliminate Smoking”).

Filed under: Alabama, antitrust, asbestos, attorneys general, Australia, bankruptcy, Colorado, Connecticut, contingent fee, Dickie Scruggs, Illinois, Joe Jamail, Kentucky, Maryland, Michael Ciresi, Michigan, Minnesota, Mississippi, Missouri, North Carolina, Norway, Ohio, Oklahoma, Pennsylvania, Philadelphia, Rhode Island, Richard Daynard, Saudi Arabia, South Carolina, Stanley and Susan Rosenblatt, Tennessee, tobacco, tobacco settlement, Utah

Archived media law & free speech items, pre-July 2003

Whatever you do, don’t criticize lawyers — 2003: “The intimidation tactics of Madison County“, Jun. 9 (& updates Jul. 12, Jul. 26). 2002: “‘Ex-jurors file $6 billion suit against ’60 Minutes’“, Dec. 16-17; “Lawyers fret about bad image” (Fla. bar plans to rate and monitor tone of journalists’ coverage), Oct. 3; “Mich. lawyer’s demand: get my case off your website” (“Love Your Neighbor”, M-LAW, Overlawyered.com), Jun. 20 (& letter to the editor, July 6); “Dangers of complaining about lawyers” (Ga. considers easing defamation counter-complaints by lawyers), Mar. 30-Apr. 1. 2000: “Australian roundup” (lawyers sue cabinet minister for suggesting they overcharge and lack ethics), Sept. 6-7; “Target Detroit” (class action lawyers personally sue DaimlerChrysler lawyer, citing his critical remarks regarding them), Jul. 19-20; “Baron’s judge grudge” (lawyer bullies alt-weekly Dallas Observer over expos? March 23. 1999: “Criticizing lawyers proves hazardous” (class-action attorneys sue columnist Bill McClellan for making fun of them), Nov. 4 (updated Nov. 30 (he criticizes them again, though suit is still pending) and Feb. 29, 2000 (they agree to drop suit); “Couple ordered to pay $57,000 for campaign ads criticizing judge“, Oct. 18; “Think I’m too litigious? I’ll sue! (II)” (lawyer sues over being called ambulance chaser), Aug. 16.

Hate speech, hate crime laws, 2002: “British free-speech case“, Dec. 18-19; Letter to the editor, Oct. 23; “Cutting edge of discrimination law” (Huckleberry Finn in schools), Oct. 7-8; “Prominent French author sued for ‘insulting Islam’“, Aug. 23-25 (& Sept. 18-19, Oct. 25-27 (acquitted)); “French ban sought for Fallaci book on Islam“, Jun. 11-12; “Our editor interviewed“, May 29. 2001: “Australia: anti-American tripped up by speech code“, Dec. 21-23; “Compulsory chapel for Minn. lawyers“, Dec. 18; “EU considers plans to outlaw racism“, Dec. 5-6; “U.K. may ban anti-religious speech“, Oct. 19-21; “‘Hate speech’ law invoked against anti-American diatribe” (Canada), Oct. 17-18; “Judge to ‘Sopranos’ suit: fuhgetaboutit“, Sept. 21-23 (& Apr. 6-8); “‘Lawsuit demands AOL stop anti-Islamic chat’“, Sept. 3. 2000: “U.S. Department of Justice vs. Columbus Day?“, Oct. 3; “Punitive damages for hatemongering?” (Wash. Post on Aryan Nations case), Sept. 19; “Australia: antibias laws curb speech” (newspaper’s slighting ethnic references), July 11; “Columnist-fest” (John Rocker case), Jan. 18; “Watch your speech in Laguna Beach“, Jan. 13-14. 1999: “Most unsettling thing we’ve heard about Canada in a while” (hate speech laws), Dec. 17-19; “Speech police go after opinion articles, editorial cartoons“, Aug. 28-29; “Hate-crime laws: why they aren’t liberal“, Aug. 9.

Intellectual property, 2003: “He’s gotta have it” (Spike Lee v. Spike TV), Jun. 16-17; “Hiker cuts off use of his name“, Jun. 4-6. 2002: “Macaulay on copyright law“, Oct. 14; “‘Judge Throws Out “Harry Potter” Copyright Suit’“, Oct. 7-8; “How sharper than a serpent’s tooth it is/To have a precociously musical child” (singer James Brown sued by daughters), Sept. 20-22; “Skittish at Kinko’s” (won’t make copies of customer’s own published writing), Jul. 26-28; “Stolen silence?” (John Cage composition), Jul. 19-21; “Law blogs“, Jul. 3-9; “‘Top ten new copyright crimes’” (satire), Jun. 3-4; “‘A fence too far’” (Hollings bill), May 20-21; “ReplayTV copyright fight“, May 6; “A DMCA run-in” (linking to copyright violation), Apr. 16-17; “Intel Corp. versus yoga foundation“, Apr. 1-2; “Web speech roundup“, Mar. 25-26; “British Telecom claims to own hyperlinks“, Feb. 13-14 (& Oct. 1-2); “Overlawyered film sets“, Feb. 8-10; “‘”Let’s Roll” Trademark Battle Is On’“, Feb. 4-5 (& Feb. 11-12); “‘Aborigines claim kangaroo copyright’“, Feb. 1-3. 2001: “Radio daze“, Aug. 31-Sept. 2; “Barney’s bluster“, June 25 (& “Welcome Slashdot readers“, July 5); “Mich. lawyer’s demand: get my case off your website” (“Love Your Neighbor”, M-LAW, Overlawyered.com), June 20; “Value of being able to endure parody without calling in lawyers: priceless” (MasterCard), April 25; “Patenting the Web?“, April 3-4; “Scientologists vs. Slashdot“, Mar. 19-20. 2000: “Web-copyright update: ‘Dialectizer’ back up, ‘MS-Monopoly’ down“, Aug. 16-17; “‘Dialectizer shut down’“, May 18-21; “More assertions of link liability” (DVD hack), Dec. 31, 1999-Jan. 2, 2000. 1999: “Hey, what is this place, anyway?” (Pez Co. claims right to restrict use of word “Pez”), Oct. 16-17; “Copyright and conscience” (goodbye to “Dysfunctional Family Circus”), Oct. 7 (& see main IP section on tech law page).

Lawsuits intimidate expression, 2003: “McDonald’s sues food critic” (Italy), Jun. 16-17. 2002: “PetsWarehouse.com defamation suit, cont’d” (linking, metatags), May 22-23 (& May 27, 2002, Oct. 4-6, 2002, Aug. 6, 2001); “Defend yourself in print and we’ll sue” (Nike issue ads), May 3 (& Feb. 13-14); “Web speech roundup“, Mar. 25-26. 2001: “Gary to Gannett: pay up for that investigative reporting“, March 30-April 1; “Scientologists vs. Slashdot“, March 19-20; “‘Persistent suitor’” (criticism of academic journals’ publisher), Feb. 6. 2000: “Hauling commentators to court“, Dec. 1; “Degrees of intimidation” (book on “diploma mills”, Apr. 28-30; “Terminix vs. consumer critic’s website“, Mar. 31-April 2; “Costs of veggie-libel laws“, Mar. 20. 1999: “Feds: dissent on smoking = racketeering“, Sept. 23.

Bans on web content not “accessible” to disabled: see special section on disabled rights page.

Blaming media for violence, 2002: “Updates” (Jenny Jones case), Oct. 25-27; “‘Addictive’ computer game blamed for suicide“, Apr. 3-4 (& letter to the editor, Apr. 11). 2001: “Blame video games, again” (WTC terrorism), Sept. 24; “Put the blame on games” (Columbine), April 24, 2001 (& see March 6, 2002: judge dismisses case); “Judge throws out Hollywood- violence suit” (Oliver Stone, Natural Born Killers), March 13-14. 2000: “Hollywood under fire: nose of the Camel?“, Sept. 19; “‘Violent media is good for kids’“, Sept. 13-14; “Shoot-’em-ups: hand over your files“, June 19; “Judge dismisses suit blaming entertainment business for school shootings“, April 13. 1999: “Down the censorship-by-lawsuit road“, Oct. 12; “‘Bringing art to court’“, Sept. 9; “Censorship via (novel) lawsuit” (media companies sued after school shootings), July 22.

Harassment law: “‘Lawsuit demands AOL stop anti-Islamic chat’“, Sept. 3, 2001; “EEOC: unfiltered computers ‘harass’ librarians“, June 4, 2001; “Harassment-law roundup” (pin-ups, bar owner case), May 4, 2000; “The scarlet %+#?*^)&!“, March 7; “Recommended reading” (Roland White in London Times on chill to office banter), Jan. 25, 2000; “Suppression of conversation vs. improvement of conversation“, Nov. 12, 1999 (excerpts from Joan Kennedy Taylor book); “‘Personally agree with’ harassment policy — or you’re out the door“, Sept. 22; “EEOC encourages anonymous harassment complaints“, Sept. 3, 1999; and see separate page on harassment law.

Those dangerous emails: “Cartoonist’s suit over practical joke“, Oct. 26-28, 2001 (& letter to the editor, Nov. 29); “Big fish devour the little?” (listserv defamation, aquatic plants case), Aug. 6, 2001; “Harassment-law roundup” (email-shredding software), Feb. 19-21, 2000; “Emails that ended 20 Times careers“, Feb. 8-9, 2000; “Hold your e-tongue” (emails “can kill you in a courtroom”), Nov. 9, 1999; “Please — there are terminals present” (Bloomberg email system censors bad words), July 30; “‘Destroy privacy expectations’: lawyer” (tell workers their email and hard drives are open to company inspection), July 26, 1999; and see separate page on harassment law.

Web liability issues, 2002: “AVweb capitulates to defamation suit“, Sept. 16-17 (& Sept. 18-19); “PetsWarehouse.com defamation suit, cont’d” (linking, metatags), May 22-23 (& Oct. 4-6); “A DMCA run-in” (linking to copyright violation), Apr. 16-17; “Web speech roundup“, Mar. 25-26; “Columnist-fest” (N.Y. Times v. Tasini), Feb. 11-12; “Web defamation roundup“, Jan. 18-20. 2001: “Words as property: ‘entrepreneur’” (domain name dispute), Nov. 1; “University official vs. web anonymity“, Oct. 30; “‘Lawsuit demands AOL stop anti-Islamic chat’“, Sept. 3; “Anonymity takes a D.C. hit” (Italy licenses web publishers), May 21; “Scientologists vs. Slashdot“, March 19-20. 2000: “Yahoo pulls message board“, Oct. 18; “‘Regulating Privacy: At What Cost?’” (Swedish privacy laws), Sept. 20; “Web-copyright update: ‘Dialectizer’ back up, ‘MS-Monopoly’ down“, Aug. 16-17; “Dangers of linking“, June 7; “Illegal to talk about drugs?“, May 30; “‘Dialectizer shut down’“, May 18-21; “eBay yanks e-meter auctions” (copyright claim), May 3; “Terminix vs. consumer critic’s website” (metatags), March 31-April 2; “More assertions of link liability” (DVD hack), Dec. 31-Jan. 2. 1999: “Link your way to liability?” (professor sues over “course critique” website), Nov. 15 (& update Oct. 10, 2000); “We ourselves use ‘sue’” (competitors’ names used as metatags), Sept. 25-26; “Don’t link or I’ll sue” (“deep linking” suits), Aug. 13 (& update April 5, 2000: court rules deep linking not violation). Plus: our 404 message; & see data collection, disabled online access issues, and high-tech law generally.

Other media/performance accessibility issues, 2002: “11th Circuit reinstates ‘Millionaire’ lawsuit” (suit against “Millionaire” TV show over telephone-based screening), Jun. 21-23 (& Mar. 24-26, June 12, June 19, Nov. 7, 2000; Nov. 5, 2001). 2001: “‘Panel backs deaf patron’s claim against club’” (interpreter demand at comedy club), March 9-11. 2000: “Seats in all parts” (theaters), Dec. 29, 2000-Jan. 2, 2001; “Movie caption trial begins” (assistive devices aid concert bootleggers), Aug. 1; “Complaint: recreated slave ship not handicap accessible“, July 21-23; “Preferred seating” (theaters), April 25-26; “Newest disabled right: audio TV captioning“, March 22; “‘Deaf group files suit against movie theaters’” (closed captioning demand), Feb. 19-21; “The fine print” (sue Boston Globe for reducing type size?), Feb. 17.

Surveillance: “Collateral damage in Drug War” (identity of book buyer), Apr. 28-30, 2000; “Chat into the microphone, please” (SEC plan to trawl Web), Apr. 11; “The booths have ears” (restaurant conversations spied on in U.K.), Apr. 5; “The bold cosmetologists of law enforcement“, Mar. 29; “Your hairdresser — and informant?“, Mar. 16, 2000; “EEOC encourages anonymous harassment complaints“, Sept. 3, 1999.

Defamation, 2003: “Around the blogs” (N.Y. Times brass), Jun. 18-19. 2002: “PetsWarehouse.com defamation suit, cont’d“, May 22-23; “Web speech roundup“, Mar. 25-26; “Web defamation roundup“, Jan. 18-20; “The talk of Laconia“, Jan. 2-3. 2001: “Attorney can sue for being called ‘fixer’“, Dec. 5-6; “University official vs. web anonymity“, Oct. 30; “Disparaging stadium nickname leads to suit“, Jul. 5 (& update Aug. 29-30: company drops suit); “Patenting the Web?” (TechSearch v. Intel defamation suit), Apr. 3-4. 2000: “Toronto coach: Ich kann nicht anders” (had to file defamation suit), Apr. 25-26 (& update May 4, case dropped); “Great moments in defamation law” (armed robber sues own lawyer for mistakenly calling him heroin instead of crack abuser), Apr. 14-16.

Advertising, 2003: “Clear Channel = Deep Pocket” (advertising as nexus of liability in nightclub fire?, Mar. 10-11. 2002: “Lawsuit threats vs. campaign speech“, Oct. 4-6 (& May 18-21, 2000); “Defend yourself in print and we’ll sue” (Nike issue ads), May 3 (& Feb. 13-14); “Norway toy-ad crackdown” (sexism), Apr. 23-24; “‘FTC Taking “Seriously” Request to Probe Firearms Sites’” (unlawful to recommend guns for family security?), Jan. 16-17. 2001: “Radio daze“, Aug. 31-Sept. 2; “Ghost blurber case“, June 12; “Old-hairstyle photo prompts lawsuit“, June 1-3; “Junk-fax bonanza“, March 27 (& March 3-5, 2000, Oct. 22, 1999). 2000: “Web-advertisers’ apocalypse?“, Apr. 20. 1999: “Free expression, with truth in advertising thrown in?” (lawyer’s Jolly Roger flag dispute), Dec. 31; “Feds: dissent on smoking = racketeering“, Sept. 23, 1999 (and see lawyers’ advertising page).

TV, 2003: “He’s gotta have it” (Spike Lee v. Spike TV), Jun. 16-17; “Jailhouse rock” (VH1), Mar. 10-11; “‘Jack Ass blasts “Jackass”‘“, Jan. 3-6. 2002: “Updates” (Jenny Jones case), Oct. 25-27; “‘Demand for more ugly people on TV’” (Norway: higher “ugly quotas” sought), Oct. 21; “Lawsuit threats vs. campaign speech“, Oct. 4-6; “11th Circuit reinstates ‘Millionaire’ lawsuit” (suit over show’s telephone-based screening), Jun. 21-23 (& Mar. 24-26, June 12, June 19, Nov. 7, 2000; Nov. 5, 2001); “Soap star: ABC wrote my character out of the show“, Apr. 10. 2001: “Suing ‘The Sopranos’“, Apr. 6-8 (& Jul. 12-14, 2002: case dropped); “‘Survivor’ contestant sues“, Feb. 7-8. 2000: “Behind ‘Boston Public’“, Nov. 21; “Palm Beach County ‘Under Control’” (suit against network for erroneous election-eve projection), Nov. 16; “Why the bad guys can’t stand John Stossel“, Aug. 18-20; “Won’t pay for set repairs” (Orkin ad leads viewers to throw objects at their TVs), May 30; “Thomas the Tank Engine, derailed” (show’s email contact with young fans), May 25; “Sock puppet lawsuit” (“Late Show with Conan O’Brien” writer), Apr. 27; “Who wants to sue for a million?” (suit against game show for lack of disabled access), Mar. 24-26 (& update Jun. 12); “Newest disabled right: audio TV captioning“, Mar. 22; “Letterman sign suit“, Mar. 17-19. 1999: “The fateful T-shirt” (Leno show giveaway suit), Dec. 7.

“A judge bans a book” (incitement to tax evasion), Jun. 18-19, 2003.

“Hiker cuts off use of his name“, Jun. 4-6, 2003.

“Start that movie on time, or else“, Feb. 20, 2003 (& Jan. 10).

“Fair housing law vs. free speech“, Jan. 31-Feb. 2, 2003.

“Campaign regulation vs. free speech“, May 18-21, 2000 (& Oct. 4-6, 2002).

“‘Greek net cafes face ruin’” (ban on computer games), Sept. 23, 2002.

“Penthouse sued on behalf of disappointed Kournikova-oglers“, Jun. 3-4, 2002.

“Privacy claim by Bourbon Street celebrant“, Sept. 28-30, 2001 (& Mar. 6, 2002, Apr. 15, 2002).

“Radio daze” (Clear Channel hardball), Aug. 31-Sept. 2, 2001.

“The document-shredding facility at Pooh Corner” (Disney dispute with rights holders), Aug. 24-26, 2001.

“‘Internet Usage Records Accessible Under FOI Laws’” (schools case), Nov. 14, 2000.

“Collateral damage in Drug War” (customer records of Denver’s Tattered Cover bookstore subpoenaed), April 28-30, 2000 (update, Oct. 27-29: judge orders records handed over); “‘Power lawyers may sue for reparations’” (sue textbook makers over representation of blacks?), Oct. 25, 2000; “Baleful blurbs” (book publishers sued over errors in cover copy), Nov. 16, 1999.

“Illegal to talk about drugs?“, May 30, 2000.

“Dusting ’em off” (laws against profanity in public), May 18-21, 2000.

“Thought for the day” (Posner on censorship), April 25-26, 2000.

“Verdict on Consumer Reports: false, but not damaging“, April 10, 2000; “Costly state of higher awareness” (libel suit, author Deepak Chopra), March 9, 2000.

“Mormon actress sues over profanity” (says Univ. of Utah theater dept. insisted she utter foul language in scripts), Jan. 24, 2000.

“FCC as Don Corleone“, Oct. 5-6, 1999.

“The shame of the ACLU” (Aguilar v. Avis: ACLU intervenes on anti- free-speech side), Sept. 7, 1999.

“Weekend reading” (tabloid law), Aug. 7-8, 1999.

Articles by Overlawyered.com editor Walter Olson:

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

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

“Judge Dread” (on Robert Bork, Slouching Toward Gomorrah), Reason, April 1997.

Filed under: ACLU, advertising, Australia, Bill McClellan, broadcasters, Chrysler, Clear Channel, copyright, Dallas, deep pocket, Denver, fair housing, free speech, Italy, John Stossel, libel slander and defamation, Madison County, music and musicians, newspapers, Norway, online speech, reparations, Sweden, trademarks, Utah

Archived family law items, pre-July 2003

[probate and estate law cases]

“Decorating for reconciliation“, May 29, 2003.

“Pet custody as legal practice area“, Feb. 17, 2003; “Officious intermeddlers, pet division” (lawyers intervene on behalf of couple’s cats and dogs), May 14-15, 2002.

Custody and visitation, 2003: “‘The Politics of Family Destruction’” (Stephen Baskerville), Jan. 7-8. 2002: “Rethinking grandparent visitation“, Oct. 21; “‘Avoiding court is best defence’“, Jan. 14-15. 2001: “Columnist-fest” (John Tierney), May 25-27; “Solomon’s child“, Jan. 26-28. 1999: “Spreading to Australia?” (smoking and child custody), Dec. 29-30; “Chicago’s $4 million kid” (custody battle royal), Sept. 17-19.

Child support, 2003: “‘The Politics of Family Destruction’” (bans on fathering more children), Jan. 7-8 (& Nov. 28, 2001). 2001: “Wrong guy? Doesn’t seem to matter“, Aug. 7-8; “‘Judge orders parents to support 50-year-old son’“, Aug. 7-8. 2000: “State errors unfairly cast some dads as deadbeats“, Sept. 8-10; “Not child’s father, must pay anyway” (plus: “throwaway dads”), May 22; “Pilloried, broke, alone” (Donna LaFramboise on “deadbeat dads”), Apr. 10. 1999: “Beating up on ‘deadbeat dads’“, Aug. 23.

“Lawyers fret about bad image“, Oct. 3, 2002.

“Hizzoner’s divorce, settled at last“, Jul. 16-17, 2002.

“Lawyer’s 44-hour workday” (social service agency, uncontested adoptions), Jun. 28-30, 2002.

“Anti-circumcision suit advances“, Aug. 19, 2002; “By reader acclaim: suing over circumcision“, Feb. 28-March 1, 2001; “Folk medicine meets child abuse reporting” (“coining” of skin), May 31-Jun. 2, 2002.

Restraining orders: “‘The Politics of Family Destruction’“, Jan. 7-8, 2003; “A menace in principle“, Mar. 4, 2002; “Fateful carpool“, Aug. 23-24, 2000; “Stay away, I’ve got a court order“, Aug. 11-13; “Recommended reading” (Dan Lynch in Albany Times-Union), Jan. 25, 2000; “Hitting below the belt“, Oct. 26, 1999; “Injunctive injustice“, Oct. 14; “Weekend reading” (“Why is Daddy in jail?…For the crime of wanting to see his child”), Sept. 25-26, 1999; “Hitting below the belt” (Cathy Young, Salon).

“Mom wants to be sued” (for negligent injury to fetus), Jan. 4-6, 2002.

“‘Wrongful life’ comes to France“, Dec. 11, 2001; “Meet the ‘wrongful-birth’ bar“, Aug. 22-23 (& letter to the editor, Sept. 3; more on wrongful birth/life: Jan. 9-10, May 20-21, Jul. 1-2, 2002; Nov. 22-23, Sept. 8-10, June 8, May 9, Jan. 8-9, 2000).

“Women’s rights: British law, or Islamic?“, Nov. 13, 2001.

“Rush to reconcile“, Sept. 27, 2001.

“Why she’s quitting law practice” (Canadian lawyer Karen Selick), Aug. 13-14, 2001.

“Canadian court: divorce settlements never final“, May 15, 2001; “Down repressed-memory lane II: distracted when she signed” (separation agreement), Dec. 29-30, 1999.

“‘Halt cohabiting or no bail, judge tells defendants’” (1805 N.C. law), May 8, 2001; “Dusting ’em off” (old laws against “alienation of affection”, cohabitation), May 18-21, 2000.

“‘State running background checks on new parents’” (Michigan), Apr. 3-4, 2001; “Expanding definitions of child abuse“, Feb. 16-19, 2001; “Battered? Hand over your kids“, July 13, 2000.

“‘Victim is sued for support’” (Canada: husband shot by wife may have to pay her), Feb. 9-11, 2001; “Pay us for this service” (husband dunned for cost of defending wife charged with murdering their kids), Dec. 22, 1999.

“Do as the Douglases do” (pre-nuptial agreements), Jan. 10, 2001.

“Behind the subway ads” (1-800-DIVORCE, etc.), Dec. 18-19, 2000; “State of legal ethics” (ad for will-contest litigation), Oct. 5-6; “Honey, you’ve got mail” (solicitations from divorce lawyers arrive before unsuspecting spouses know they’re being divorced), July 15, 1999.

“Family law roundup” (English couple’s divorce costs ?840,000; frequent flier miles argued over; charges of clubby Marin County, Calif. courts), Nov. 7, 2000.

“Dangerous divorce opponents” (when spouse is lawyer), Sept. 21, 2000.

“The asset hider“, May 16, 2000; “No, honey, nothing special happened today” (woman seeking divorce fails to tell husband she just won California lottery), Nov. 20-21, 1999.

“Columnist-fest: liberal aims, illiberal means” (Stuart Taylor on same-sex marriage, William Raspberry on grandparents’ rights), Feb. 24, 2000.

“Scorched-earth divorce tactics? Pay up” (Massachusetts decisions adopt loser-pays as sanction), Jan. 31, 2000.

“Dear Abby: Please help…” (sue married man for breach of promise to follow through on divorce?), Jan. 11, 2000.

“Christmas lawyer humor” (Richard Crouch, “Joys of the season for divorce lawyers”), Dec. 23-26, 1999.

“Splitsville, N.Y.” (New York magazine cover story), Dec. 17-18, 1999.

“Weekend reading” (some celebrities tuck nondisclosure contracts into the envelope with wedding invitations), Aug. 7-8, 1999.

Articles by Overlawyered.com editor Walter Olson:

“Free To Commit” (Louisiana covenant marriage law), Reason, October 1997.

“At Law: Divorce Court New York Style“, City Journal, Spring 1993.

“Kidlib and Mrs. Clinton: The Hand that Rocks the Cradle” (children’s rights), National Review, May 11, 1992.

“Suing Ourselves to Death“, (vagueness of custody standards; excerpt, The Litigation Explosion), Washington Post, April 28, 1991.

Countless websites deal with divorce, custody and other family-law topics. A great many of these are put up by persons outraged at what they’ve gone through in their own experiences in court. Among sites with a reformist focus, many align themselves with one or another camp among family roles: thus there are sites that focus on husbands’ legal woes and those that focus on wives’; sites for custodial and for non-custodial parents, for birth parents, for adoptive parents and for adoptees; and so forth. Yet dissatisfaction with the legal system’s handling of family breakup, and outrage at exorbitant costs, tactical gamesmanship, judges with too much arbitrary power, unreliable expert opinion, and outright perjury and invention, are themes that weave through sites from all sides. Indeed, one lesson from comparing a variety of sites is that innocent parties of every sex, age and condition are victimized by legal hardball — and that the process produces many more losers than winners.

Books of interest:

Karen Winner, “Divorced from Justice : The Abuse of Women and Children by Divorce Lawyers and Judges”
Cathy Young, “Ceasefire! Why Women and Men Must Join Forces to Achieve True Equality“.
Richard Ofshe and Ethan Watters, “Making Monsters: False Memories, Psychotherapy, and Sexual Hysteria”
Margaret Hagen, “Whores of the Court: The Fraud of Psychiatric Testimony and the Rape of American Justice” (currently unavailable)

Filed under: Australia, Canada, divorce, family law, France, Louisiana, Massachusetts, Michigan, The Litigation Explosion, wrongful birth and wrongful life

Archived technology law items, pre-July 2003

[intellectual property, patent, copyright and trademark cases]

[Microsoft legal woes]

Web liability issues, 2002: “‘Google sued over search ratings’“, Nov. 6; “AVweb capitulates to defamation suit“, Sept. 16-17 (& Sept. 18-19); “Defying the link-banners“, Aug. 22; “PetsWarehouse.com defamation suit, cont’d” (linking, metatags), May 22-23 (& May 27, 2002, Aug. 6, 2001); “A DMCA run-in” (linking to copyright violation), Apr. 16-17; “Web speech roundup“, Mar. 25-26; “Columnist-fest” (N.Y. Times v. Tasini), Feb. 11-12; “Web defamation roundup“, Jan. 18-20. 2001: “KPMG” (company thinks it can prohibit linking to its site), Dec. 11; “Words as property: ‘entrepreneur’” (domain name dispute), Nov. 1; “University official vs. web anonymity“, Oct. 30; “Domain-name disputes are busting out all over“, June 29-July 1; “Anonymity takes a D.C. hit” (Italy licenses web publishers), May 21; “Scientologists vs. Slashdot“, March 19-20. 2000: “Yahoo pulls message board“, Oct. 18; “‘Regulating Privacy: At What Cost?’” (Swedish privacy laws), Sept. 20; “Web-copyright update: ‘Dialectizer’ back up, ‘MS-Monopoly’ down“, Aug. 16-17; “Dangers of linking“, June 7; “Illegal to talk about drugs?“, May 30; “‘Dialectizer shut down’“, May 18-21; “eBay yanks e-meter auctions” (copyright claim), May 3; “Terminix vs. consumer critic’s website” (metatags), Mar. 31-Apr. 2; “More assertions of link liability” (DVD hack), Dec. 31-Jan. 2. 1999: “Link your way to liability?” (professor sues over “course critique” website), Nov. 15 (& update Oct. 10, 2000); “We ourselves use ‘sue’” (competitors’ names used as metatags), Sept. 25-26; “‘Don’t link or I’ll sue’” (“deep linking” suits), Aug. 13 (& update April 5, 2000: court rules deep linking not violation). Plus: our 404 message; & see data collection, disabled access issues.

Website accessibility: “‘Judge: Disabilities act doesn’t cover Web“, Oct. 22, 2002; “Website accessibility law hits the U.K.” (Scotland), May 7, 2001; “Olympics website’s accessibility complaint“, Aug. 16-17, 2000; “Disabled accessibility for campaign websites: the gotcha game“, July 19-20; “Welcome readers” (Intellectual Capital), June 19; “ADA & the web: sounding the alarm“, May 24; “Access excess“, May 2; “ADA & freedom of expression on the Web“, Feb. 10-11; editor’s testimony before House Judiciary Committee, Feb. 9, 2000; “Accessible websites no snap“, Dec. 21, 1999; “AOL sued for failure to accommodate blind users“, Nov. 5, 1999.

Toshiba settlement, bug and glitch liability, 2002: “7,000 missing colors, many of them crisply green“, Aug. 29. 2001: “Update: Compaq beats glitch suit“, May 11-13; “‘Lawyers to Get $4.7 Million in Suit Against Iomega’” (zip drive defect allegations), May 8. 2000: “‘Laptop lawsuit: Toshiba, feds settle’“, Oct. 25; “In praise of bugs“, May 1; “Silicon siege” (CNet report), April 7-9. 1999: “Toshiba and Ford, in the same boat“, Dec. 2; “Don’t redeem that coupon!“, Nov. 24-25; “Class actions vs. high-tech“, Nov. 23; “How I hit the class action jackpot” (Stuart Taylor, Jr.), Nov. 17; “More details on Toshiba“, Nov. 5-7; “Toshiba flops over“, Nov. 3.

Email and liability: “Employers liable for not filtering raunchy spam?“, Apr. 10-13, 2003; “Big fish devour the little?” (listserv defamation, aquatic plants case), Aug. 6, 2001; “E-privacy invasion made simple“, Feb. 14-15, 2001; “Watch those fwds” (subpoenas of bulletin board postings; Dow Chemical fires employees for email use), Aug. 21-22, 2000; “Hold your e-tongue” (emails “can kill you in a courtroom”), Nov. 9, 1999; “Please — there are terminals present” (Bloomberg email system censors bad words), Jul. 30; “‘Destroy privacy expectations’: lawyer” (tell workers their email and hard drives are open to company inspection), Jul. 26, 1999.

Data collection, privacy issues, 2001: “Vast new surveillance powers for state AGs?” (Carnivore), Sept. 25-26, 2001; “Brace for data-disaster suits“, May 29; “Anonymity takes a D.C. hit“, May 21; “Update: cookie lawsuit crumbles“, May 9. 2000: “‘Internet Usage Records Accessible Under FOI Laws’“, Nov. 14; “‘Regulating Privacy: At What Cost?’“, Sept. 20; “Feds’ own cookie-pushing“, July 5; “Insurers fret over online privacy suits“, May 26-29; “Thomas the Tank Engine, derailed” (COPPA children’s privacy law), May 25; “Web-advertisers’ apocalypse?“, April 20; “Chat into the microphone, please” (SEC plans automated trawling of bulletin boards for stock-hyping comments), April 11; “Silicon siege” (Yahoo), April 7-9; “Another S&W thing” (state AGs vs. DoubleClick), March 27; “Yahoo stalked me!” (privacy suits), March 2; “Cookies, dunked” (DoubleClick), Feb. 2.

Home office regulation?: “OSHA & telecommuters: the long view“, April 7-9, 2000; “Update: OSHA in full retreat on home office issue“, Jan. 29-30; “OSHA at-home worker directive“, Jan. 8-9; “OSHA backs off on home-office regulation“, Jan. 6; “Beyond parody: ‘OSHA Covers At-Home Workers’“, Jan. 5, 2000.

Y2K: “Y2K roundup: poor things!” (much less litigation than expected), Jan. 21-23, 2000; “Litigation Bug Bites Into Democracy“, Jan. 13-14, 2000; “Y, oh Y2K?” (“sue and labor” insurance claims), Sept. 16, 1999 (& see updates Dec. 26-28, 2000 and Nov. 2-4, 2001: courts tend to rule against such claims).

Other Overlawyered.com commentaries:

“Intel sued in notorious county“, Aug. 30-Sept. 2, 2002.

“Sic ’em on Segway“, Aug. 1, 2002; “Segway, the super-wheelchair and the FDA“, Dec. 12, 2001.

“‘Every Man a Cyber Crook’“, Feb. 6-7, 2002.

“Draconian hacker penalties?“, Sept. 28-30, 2001.

“‘Lawsuit demands AOL stop anti-Islamic chat’“, Sept. 3, 2001; “EEOC: unfiltered computers ‘harass’ librarians“, June 4, 2001.

“Dotcom wreckage: sue ’em all“, Aug. 7-8, 2001.

“Brace for data-disaster suits” (hacker attacks, viruses), May 29, 2001; “Suing Nike for getting hacked“, July 12, 2000; “Deep pockets blameable for denial-of-service attacks?“, Feb. 26-27; “Antitrust obstacles to hacker defense“, Feb. 10-11, 2000.

“Anonymity takes a D.C. hit“, May 21, 2001.

“Techies fear Calif. anti-confidentiality bill“, May 15, 2001.

“Internet service disclaimers“, Dec. 13-14, 2000.

“‘Stock Options: A Gold Mine for Racial-Discrimination Suits?’“, Dec. 11-12, 2000; “Feds’ mission: target Silicon Valley for race complaints“, Feb. 29, 2000.

Labor law: “Digital serfs?“, Jan. 26-28, 2001; “Goodbye to gaming volunteers?“, Sept. 12, 2000 (& update Oct. 3); “Why rush that software project, anyway?” (California overtime law), March 29; “Microsoft temps can sue for stock options“, Jan. 11, 2000 (& see Feb. 17; letters, Dec. 20); “‘Click here to sue!’” (AOL volunteer suit), Sept. 7, 1999; “Click here to sue!” (employee misclassification suits), Aug. 19, 1999.

“Tax software verdict: pick a number” (Mississippi verdict; government contracting), Sept. 5, 2000.

“Class-action assault on eBay“, July 13, 2000 (update Nov. 22-23; class action certified).

“‘Parody of animal rights site told to close’“, July 3-4, 2000 (& Aug. 29-30, 2001).

“A Harvard call for selective rain” (some Internet regulation, not too much), July 3-4, 2000.

“AOL ‘pop-up’ class action” (ads said to be unfair), June 27, 2000.

“Harassment-law roundup” (Internet startups vulnerable), May 4, 2000; “Dot-coms as perfect defendants” (sex harassment suits), Jan. 17; “Harassment-law roundup” (Juno cases), Feb. 19-21, 2000..

“Silicon siege” (Ebay antitrust investigation, other cases; T.J. Rodgers warns against rapprochement with Washington), April 7-9, 2000.

“Terminix vs. consumer critic’s website“, March 31-April 2, 2000.

“Music stores sue Sony” (objecting to company-store hyperlinks included with CDs), Feb. 25, 2000.

“Silicon siege” (AOL 5.0 upgrade), April 7-9, 2000; “AOL upgrade’s sharp elbows“, Feb. 12-13, 2000.

“Green cards gather moss” (immigration delays), Feb. 4, 2000.

“Santa came late” (Toys-R-Us e-tailing shortfalls), Jan. 19, 2000; “Beware of market crashes” (online brokerages “probably” liable for computer outages), Nov. 26-28, 1999.

“Your fortune awaits in Internet law” (cybersquatting), Jan. 13-14, 2000; “Time to rent a clue” (domain name disputes), July 28, 1999.

“Rolling the dice, cont’d” (suits over online gambling), Dec. 7, 1999 (earlier report, Aug. 26).

“Mounties vs. your dish” (Canadian satellite law), Nov. 1, 1999.

“Founders’ view of encryption“, Oct. 29, 1999.

“In Houston, expensive menus” (junk faxes class action), Oct. 22, 1999 (update April 3, 2000: claims thrown out).

“Foam-rubber cow recall” (Gateway Corp. premium), Oct. 22, 1999.

“Feds: dissent on smoking = racketeering” (suit deems website advocacy unlawful), Sept. 23, 1999.

“Effects of shareholder-suit reform“, Sept. 22, 1999.

“Our award-winning errors” (this site’s 404 message), Aug. 14-15, 1999.

“Weekend reading” (word counts on litigators’ briefs), Aug. 7-8, 1999.

“Censorship via (novel) lawsuits” (lawyers blame school shootings on video games, Internet sites), July 22, 1999.

“Thought for the day” (Cravath’s Robert Joffe on foreign companies’ unwillingness to let American law govern contracts), July 11, 1999.

Filed under: animal rights, antitrust, Canada, copyright, deep pocket, eBay, Houston, Italy, libel slander and defamation, Mississippi, Sweden, technology, trademarks

Archived workplace items, pre-July 2003

“U.K. roundup” (perennial litigant), Jun. 12-15, 2003.

“‘Resumé spam saddles employers’“, Jun. 3, 2003.

Fair Labor Standards Act, overtime and employee classification suits, 2003: “Schools roundup“, Apr. 9. 2001: “Wal-Mart- as-‘cult’-suit: it is about the money“, Jun. 14. 2000: “Goodbye to gaming volunteers?“, Sept. 12 (& update Oct. 3); “Why rush that software project, anyway?” (California overtime law), March 29; “And so now everybody’s happy” (temps fired in wake of Microsoft decision), Feb. 17 (& see letters, Dec. 20); “Strippers in court” (challenge to independent contractor status), Jan. 28; “Microsoft temps can sue for stock options“, Jan. 11. 1999: “Don’t call us professionals!“, Oct. 1-3; “Click here to sue!” (AOL volunteers who want to be recategorized as employees), Sept. 7; “Do as we say (I)” (overtime suit filed against Justice Department on behalf of its own lawyers), Aug. 30; “Click here to sue!” (Seattle law firm offers easy way to sign up for labor law class actions), Aug. 19.

“It ain’t heavy to him, he’s my brother“, May 1-2, 2003; “Firehouse blues” (too-short firefighter), Feb. 20-21, 2002; “Non-pregnant rescuers, please“, Sept. 13, 2001; “Litigators vs. standardized tests, II: who needs sharp cops?“, Feb. 9-11, 2001; “Slow down, it’s just a fire” (Canadian high court strikes down firefighter speed test), Sept. 17-19, 1999; “Perps got away, but equity was served” (Lanning v. SEPTA: challenge to running test given to prospective transit cops), Sept. 15, 1999 (& Oct. 5-7, 2001, Oct. 25-27, 2002).

“U.K.: ‘Killer wrongly sacked for axe attack’“, Apr. 7-8, 2003.

“Maybe crime pays dept.” (annual roundup of weird employment and labor law cases), Apr. 1, 2003.

Their own petard, 2003: “Wellstone campaign didn’t buy worker’s comp for its employees“, Feb. 6-9. 2002: “‘Civil Rights Agency Retaliated Against Worker, EEOC Rules’“, Jun. 14-16; “‘Disability rights attorney accused of having inaccessible office’“, Apr. 25. 2001: “EEOC sued for age bias“, Mar. 6. 2000: “White House pastry chef harassment suit“, Sept. 18. 1999: “Do as we say (I)” (overtime suit filed against Justice Department on behalf of its own lawyers), Aug. 30 (more).

“Race-bias cases gone wrong“, Jan. 24-26, 2003.

“Vt. high court: ALL-CAPS DISCLAIMER on front page of employee handbook not unambiguous enough“, Jan. 17-19, 2003.

“Ninth Circuit panel sniffs collusion in bias settlement fees“, Dec. 16-17, 2002.

Public employee entrenchment, 2002: “Munched zoo animals, gets six months severance” (Germany), Nov. 8-10; “Convicted, but still on their teaching jobs“, Jul. 10-11; “School told to rehire cocaine abuser“, Mar. 20-21. 2001: “‘Poor work tolerated, employees say’“, Nov. 15. 2000: “Reprimand ‘very serious’ for teacher” (had given 11-year-old girl money to buy marijuana), June 27; “‘Foreman who slept on job wins reinstatement’“, June 7; “From the labor arbitration front” (disallowed firing of Ct. town employee who pleaded no contest to larceny), March 28; “Not to be dismissed” (unfireable workers, Canada and U.K.), Feb. 25. 1999: “Better than reading a lunchtime novel” (IRS employee sues; fired for accessing taxpayers’ personal returns 476 times), Oct. 25; “Undislodgeable educators” (teacher peer review undermined by tenure legalities), Aug. 18.

“‘Nannies to sue for racial bias’” (U.K.), Oct. 30-31, 2002.

“Looking back on EEOC v. Sears” (sex discrimination, statistics and history), Oct. 28-29, 2002.

Appearance and authenticity, 2002: “‘Demand for more ugly people on TV’” (Norway: higher “ugly quotas” sought), Oct. 21. 2001: “Facial-jewelry discrimination charged“, Jul. 2; “Pregnant actress complains at being denied virgin role“, Jun. 21; “‘Fired transsexual dancers out for justice’“, Mar. 23-25. 2000: “Appearance-blind hiring?“, Dec. 26-29; “Latest female Santa case“, Dec. 13-14 (and see Dec. 18-19); “Wal-Mart wins female Santa case“, Oct. 12; “Next: gender-blind stage casting?” (theme restaurant’s hiring of males as “riverboat tough” food servers), Mar. 24-26.

“U.K.: ‘Dr. Botch’ sues hospital for wrongful dismissal“, Oct. 18-20, 2002; “Let them sue us!” (hospitals get sued if they withdraw privileges from questionable doctors), Mar. 23, 2000.

“‘Inundations of electronic resumes pose problems for employers’“, Oct. 16-17, 2002.

“Latest sacked-Santa suit“, Oct. 9-10, 2002 (& Dec. 13-14 and Oct. 12, 2000)

“Right to break workplace rules and then return“, Sept. 16-17, 2002.

“Personal responsibility roundup” (workers’ comp told to compensate worker for his suicide attempt), Sept. 12, 2002; “‘Court upholds workers compensation for drunk, injured worker’“, April 6-8, 2001.

National origin, language on the job, 2002: “Hiring apple pickers = racketeering“, Sept. 9-10; “‘Surgeon halts operation over foreign nurses’ poor English’“, Jul. 25; “No ‘flood’ of Muslim or Arab discrimination complaints“, Jun. 17-18; “Must-know-Spanish rules defended“, May 28-29; “High court nixes back pay for illegal aliens“, Apr. 3-4. 2001: “Sued if you do dept.: language in the workplace“, Dec. 19 (& Nov. 17, 1999); “Competitor can file RICO suit over hiring of illegal aliens“, Dec. 13-14; “Opponents of profiling, still in the driver’s seat“, Nov. 2-4; “Employee’s right to jubilate over Sept. 11 attack“, Oct. 9 (& letters, Oct. 22). 2000: Christian Science Monitor on accent discrimination, see Dec. 18-19; “Green cards gather moss” (immigration delays), Feb. 4; “Back pay obtained for illegal aliens“, Jan. 10 (& Oct. 28, 1999). 1999: “52 green-card pickup” (rules against asking for too much documentation of citizenship in hiring), Oct. 29; “Say what?” (accent), Reason, November 1997.

“Ambulance driver who broke for doughnuts entitled to sue“, Nov. 2-4, 2001 (& Jun. 28-30, 2002).

“Not worth the hassle?” (Home Depot tries to avoid federal contractor status), Jun. 17-18, 2002.

“Advertisement for ‘friendly’ employee deemed discriminatory“, Jun. 10, 2002.

“Catharine MacKinnon, call your office“, May 16, 2002.

“Soap star: ABC wrote my character out of the show” (“medical leave” for drug rehab), Apr. 10, 2002.

“Will EU silence the pipes?” (occupational noise regulation), Mar. 8-10, 2002; “Britain’s delicate soldiery“, Dec. 22-25, 2000.

Retaliation: “Inability to get along with co-workers” (employer’s counterclaim as retaliation), Mar. 8-10, 2002; “Latest lose-on-substance, win-on-retaliation case“, Oct. 16, 2001; “Latest lose-on-substance, win-on-retaliation employment claim“, Jan. 25, 2000; “Employment-law retaliation: real frogs from ‘totally bogus’ gardens“, Sept. 29, 1999.

“Aerobics studio mustn’t favor the svelte“, Feb. 27-28, 2002 (& update May 10-12).

“Jarring discord” (Audubon String Quartet), June 5, 2000 (& June 14, 2001, Nov. 13, 2001, May 10-12, 2002).

“European workplace notes“, Feb. 25-26, 2002.

“‘The Enron mythos’” (employee compensation, 401(k)), Feb. 15-17, 2002.

“Sept. 11 and court awards” (price, payouts of employment liability insurance soar), Jan. 14-15, 2002; “‘Workers win more lawsuits, awards’“, March 29, 2001.

“‘UK women can demand to know men’s salaries’“, Dec. 28, 2001-Jan. 1, 2002.

“Menace of office-park geese“, Dec. 13-14, 2001.

“‘Halliburton shares plunge on verdict’” (law-firm whistleblowing), Dec. 10, 2001.

“An ill wind” (layoffs mean prosperity for employment lawyers), Dec. 4, 2001.

“Rejecting an Apple windfall” (race discrimination suit), Nov. 30-Dec. 2, 2001.

“Sued if you do dept.: co-worker’s claim of rape“, Nov. 7-8, 2001.

“In the mean time, let them breathe spores” (OSHA and anthrax), Nov. 6, 2001.

“Judge may revive ‘Millionaire’ ADA case” (Echabazal v. Chevron: employer’s right to turn away workers who would be injured by job), Nov. 5, 2001.

“‘Attorney Ordered To Pay Fees for “Rambo” Tactics’“, Oct. 5-7, 2001; “Even the chance of loser-pays helps keep ’em honest” (pilots’ union bid for back pay), August 12, 1999.

“Employment class actions: EEOC to the rescue“, Sept. 10, 2001.

“Not discriminatory to kick sleeping worker’s chair” (includes item on U.K. employee privacy), Sept. 3, 2001.

“Firefighter’s demand: back pay for time facing criminal rap“, Aug. 29-30, 2001.

“Negligent to lack employee spouse-abuse policy?“, Aug. 29-30, 2001.

“N.J. court declares transsexuals protected class“, July 30, 2001; “‘Fired transsexual dancers out for justice’“, March 23-25, 2001; “Columnist-fest” (transgender employee sues over no-skirt order), May 31, 2000.

Age discrimination law: “Research for lawyers, courtesy of their targets“, July 6-8, 2001; “EEOC sued for age bias“, March 6, 2001; “‘Toronto Torch’ age-bias suit” (stripper), May 23, 2000; “Take the settlement, sue anyway“, March 13; “‘Tenure Gridlock: When Professors Choose Not To Retire’“, March 3-5; “‘The case for age discrimination’“, Jan. 20, 2000; “Age-bias law expands” (Calif., N.J. developments), Aug. 12, 1999.

“Court says tipsy topless dancer can sue club“, Jul. 3-4, 2001.

“‘Hearsay harassment’ not actionable“, Jun. 12, 2001.

“Dispatches from abroad” (U.K. policeman claims snoring resulted from inhalation of cannabis), May 28, 2001.

“Six-hour police standoff no grounds for loss of job, says employee“, May 21, 2001.

“Letter to the editor” (arbitration agreements), Apr. 16, 2001.

“Comparable worth in Maine” (state enacts “pay equity”), April 20-22, 2001; “Comparable worth: it’s back“, May 17, 2000.

“‘2000’s Ten Wackiest Employment Lawsuits’“, Apr. 13-15, 2001.

“‘Kava tea drinker alleges bias in FedEx firing’“, Mar. 19-20, 2001.

Ergonomics: “Narrow escape from ergonomic regs“, March 9-11, 2001; “‘Cop’s claim: gun belt too heavy’“, Feb. 23-25, 2001; “Born to regulate“, June 28, 2000; “Go ahead and comment — if it’ll do much good” (OSHA ergonomics regulations), March 17-19, 2000; “Repetitive motion injury Hall of Fame” (phone sex operator), Nov. 22, 1999.

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

“Employees not tenured in California“, Feb. 7-8, 2001.

“Digital serfs?“, Jan. 26-28, 2001.

“‘Firms mum on troubled workers’“, Jan. 22-23, 2001.

Police-record discrimination: “Coming soon to a school near you” (applicant with police record OK’d since no convictions), Jan. 17, 2001; “‘Killer’s suit alleges job discrimination’“, Jan. 15, 2001; “You were negligent to hire me” (undisclosed rape-related conviction), May 30, 2000; “Hire that felon, or else” (Wisc. law protects felons from job discrimination), Jan. 7, 2000 (& earlier commentary: Sept. 24, 1999).

“Stressed out in New Hampshire” (stress from legitimate workplace criticism triggers workers’ comp), Jan. 4, 2000; “Stress of listening to clients’ problems” (masseuse wins benefits), June 21, 2000; “Weekend reading” (workplace psychological injury claims), July 31-August 1, 1999.

Damages, big numbers: “Big numbers” (Kroger Co. hit for $55 million after workplace accident), April 16, 2001; “Property taxes triple after wrongful-termination suit“, Dec. 20, 2000; “‘Stock Options: A Gold Mine for Racial-Discrimination Suits?’“, Dec. 11-12; “How to succeed in business?” (Christian Curry case), Nov. 20; “Wonder Bread hierarchy too white, suit charges“, July 10 (updates Aug. 4: jury awards $132 M damages and Oct. 10: judge cuts award by $97 M); “Penalty for co.’s schedule inflexibility: 30 years’ front pay” (ADA), June 16-18; “Record employment verdict thrown out” (Lane v. Hughes Aircraft), March 9, 2000; “From our mail sack: memoir of a morsel” (Calif. employer’s story), Nov. 24-25, 1999; “The stuffed-grape-leaf standard” (litigator says $300K isn’t that much money), August 14-15, 1999.

“Promising areas for suits” (broken interview promises, third party suits to sidestep workers’ comp limits), Dec. 7, 2000.

“‘Company Is Told to Stay and Face New Union’“, Nov. 24-26, 2000; “NLRB lurches left”, Oct. 11, 2000.

“Obese soldiers class action“, Nov. 10-12, 2000.

“New unfairness for old” (Employment Non-Discrimination Act), Oct. 26, 2000.

“Prospect of injury no reason not to hire” (ADA), July 5, 2000; and see disabled-rights page.

“Judge tells EEOC to pay employer’s fees“, Oct. 5, 2000.

“When sued, be sure to respond” (Wal-Mart transsexual employee), Jul. 21-23, 2000 (update Sept. 6-7: judge grants retrial after default judgment).

“EEOC: offbeat beliefs may be protected against workplace bias“, Sept. 5, 2000.

“Losing your legislative battles? Just sue instead” (contraception coverage by employer health plans), July 26-27, 2000.

Coke: “‘Coca-Cola settles race suit’“, Nov. 17-19, 2000; “Class-action lawyers to Coke clients: you’re fired“, Jul. 21-23; “‘Coke plaintiff eavesdrops on lawyers; case unravels’“, Jul. 19-20; “‘Ad deal links Coke, lawyer in suit’” (Willie Gary, suing Coke on behalf of clients, enters into a lucrative ad deal with it), May 11, 2000.

“Chutzpah is. . .” (marital-status discrimination case by boss’s ex-son-in-law), Jul. 18, 2000.

“Welcome readers” (CNNfn article advising workers thinking of suing employers; cites this site), Jun. 19, 2000; “Favorite bookmark” (head of Employment Policy Foundation likes this site), May 23, 2000.

“Look for the Kiwi label” (sweatshops), Jun. 9-11, 2000.

“Another Mr. Civility nominee” (associate at law firm asks for bonus, is fired), June 2-4, 2000; “Smudged plumage” (Angelos’s Orioles won’t hire Cuban defectors), May 24, 2000.

“Funny hats and creative drawing“, May 1, 2000.

“Employer-based health coverage in retreat?“, Mar. 31-April 2, 2000.

OSHA and at-home workers: “OSHA & telecommuters: the long view“, April 7-9, 2000; “Update: OSHA in full retreat on home office issue“, Jan. 29-30; “OSHA at-home worker directive“, Jan. 8-9; “OSHA backs off on home-office regulation“, Jan. 6; “Beyond parody: ‘OSHA Covers At-Home Workers’“, Jan. 5, 2000.

“Feds’ mission: target Silicon Valley for race complaints“, Feb. 29, 2000.

“Judgment reversed in Seinfeld case“, Feb. 26-27, 2000.

“Private job bias lawsuits tripled in 1990s“, Jan. 19, 2000; “Employee lawsuits increasing” (Society for Human Resource Management survey), August 25, 1999.

“Warn and be sued” (industrial psychologist found liable for warning co-workers of patient’s violent fantasies), Jan. 12, 2000; “Indications of turbulence” (pilot whose mental fitness for duty was challenged wins partial back pay), Dec. 1, 1999.

“Christmas lawyer humor” (“Restructuring at the North Pole” parody), Dec. 23-26, 1999.

“Truth in recruitment?” (N.J. jury verdict), Dec. 17-18, 1999.

“From the quote file” (Legal Times: U.S. Supreme Court as nation’s chief human resources manager), Dec. 15, 1999.

Under surveillance at work? “Hold your e-tongue” (employee emails), Nov. 9, 1999; “EEOC encourages anonymous harassment complaints“, Sept. 3; “Please — there are terminals present” (email censorship and harassment law), July 30; “‘Destroy privacy expectations: lawyer’” (advice managers are getting), July 26, 1999.

“Bring a long book” (New York takes average of seven years to adjudicate discrimination complaints), Nov. 4, 1999.

“Perkiness a prerequisite?” (bias suit says employer wanted workers to look like “Doris Day or the boy next door”), Nov. 2, 1999.

“New Jersey court system faces employment complaint“, Oct. 21, 1999.

“Blackboard jungle” (Ann Arbor, Mich. substitute teachers’ suit gets $30 million), Sept. 14, 1999.

“Labor Day: ‘Overworked America?’“, Sept. 7, 1999.

“Big numbers” (Kroger worker $55 million award not blocked by workers’ comp), April 16, 2001; “Block PATH to lawsuits” (claims against NY-NJ commuter line under Federal Employer’s Liability Act), Sept. 1, 1999.

“Ohio high court says forget tort reform; should unionists be cheering?” (unions exempted from exposure to many injury suits), August 17, 1999.

“You made me defame myself” (workplace defamation law doctrine of “self-compelled publication”), August 10, 1999.

“All have lost, and all must have damages” (suit against employer by insurance agent who sold allegedly deceptive policies), August 3, 1999.

Other writings by Overlawyered.com‘s editor: The Excuse Factory: What Happened When America Unleashed the Lawsuit (Free Press, 1997); writings on disabled rights/ADA; on harassment and sex discrimination law; on other branches of discrimination law.

Filed under: arbitration, Canada, Chevron, Coca-Cola, Europe, firefighters, Germany, hospitals, libel slander and defamation, New Hampshire, New Jersey, Norway, Ohio, Seattle, teacher tenure, The Excuse Factory, Willie Gary, workplace

Archived aviation items, pre-July 2003

“NTSB blames pilot error, but airport told to pay $10 million“, May 14, 2003.

Security profiling, 2002: “Rather die than commit profiling, cont’d“, Oct. 14; “Profiling: a Democrat outflanks Ashcroft” (Sen. Feinstein), Jun. 10; “Airlines sued over alleged profiling“, Jun. 6; “The scandal of the Phoenix memo“, May 28-29; “Fearing ethnic profiling charges, bureau ignored flight-school warning“, May 6; “Columnist-fest” (Charles Krauthammer), Mar. 18; “Profiling: the cost of sparing feelings“, Jan. 14-15. 2001: “Profiling perfectly OK after all“, Nov. 16-18; “‘Politically incorrect profiling: a matter of life or death’” (Stuart Taylor, Jr.), Nov. 9-11; “Opponents of profiling, still in the driver’s seat“, Nov. 2-4; “Anti-bias law not a suicide pact“, Oct. 3-4.

“‘Sisters suing Southwest over “racist rhyme”‘“, Feb. 11, 2003.

Forum-shopping: “Mass disasters belong in federal court“, Dec. 18-19, 2002; “Crash lawyers like Boeing move” (Chicago, new HQ city, has higher verdicts), May 17, 2001; “Come to America and sue” (Concorde forum-shopping), Jan. 19-21, 2001; “French crash, German victims, American payout levels?“, Sept. 29-Oct. 1, 2000.

“Lawyer’s suit against airline: my seatmate was too fat“, Aug. 2-4, 2002; “‘Sorry, Slimbo, you’re in my seats’“, June 7, 2001 (& updates Dec. 15-16, 2001, Oct. 25-27, 2002); “Obese fliers“, Dec. 20, 2000.

“Annals of zero tolerance: ‘No scissors allowed at ribbon-cutting ceremony at Pittsburgh airport’“, Sept. 23, 2002.

“‘Airline sued for $5 million over lost cat’“, Sept. 3-4, 2002.

“Flowers, perfume in airline cabins not OK?” (Canada), May 17-19, 2002.

World Trade Center, 2002: “Roger Parloff on 9/11 fund“, Apr. 1-2. 2001: “Liability limits speed WTC recovery“, Nov. 21-22; “‘Company tried to capitalize on Sept. 11’“, Oct. 15; “‘Despite Protection, Airlines Face Lawsuits for Millions in Damages’“, Sept. 24 (& Oct. 10-11); “‘Lawsuits From Attacks Likely to Be in the Billions’“, Sept. 21-23; “Washington Post on airline liability“, Sept. 19-20; “What you knew was coming“, Sept. 14-16 (& coverage generally after Sept. 11).

“Couldn’t order 7-Up in French” (suing Air Canada for $525,000), Mar. 18, 2002.

“Disclaimer rage?” (GPS software), Oct. 15, 2001.

“‘Man Thought He Was Dead, Sues Airline’” (left sleeping in darkened cabin), Oct. 10-11, 2001.

“‘Poor work tolerated, employees say’“, Nov. 15, 2001; “The high cost of cultural passivity“, Sept. 21-23; “Self-defense for flight crews“, Sept. 13; “Transsexual passenger’s airline hassle“, Sept. 12, 2001.

White-knuckle lotto: “‘Delta passenger wins $1.25 mln for landing trauma’“, Aug. 24-26, 2001; “All shook up” (jury says emotional scars from Little Rock crash worth $6.5 million), Oct. 19, 2000; “White-knuckle lotto“, Oct. 8, 1999.

Letter to the editor, Sept. 3, 2001 (ABC vs. Parker-Hannifin); “Big numbers” (Teledyne Continental Motors $27 million settlement), April 16, 2001; “Getting around small-aircraft lawsuit reform“, Jan. 29, 2001.

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

“‘Lawyers pay price for cruel hoaxes’“, Aug. 3, 2001; “‘The love children of Flight 261’“, April 10, 2001; “After an air crash, many Latin ‘survivors’” (Alaska Air claimants), Nov. 29, 2000.

“Needed: assumption of risk” (first-time skydiver), July 27-29, 2001; “‘Skydivers don’t sue’“, May 26, 2000 (update July 6: Canadian diver prevails in suit against teammate) (& see Apr. 16, 2001).

“Getting around small-aircraft lawsuit reform“, Jan. 29, 2001.

“‘Economy-class syndrome’ class action” (Australia), Dec. 13-14, 2000.

“All shook up” (jury says emotional scars from Little Rock crash worth $6.5 million), Oct. 18, 2000; “Diva awarded $11M for broken dream” (opera student injured in runway crash), Aug. 31, 2000.

“John Denver crash” (also Air France, Northwest, aviation need for tort reform), Oct. 4, 2000.

“Prosecution fears slow crash probes“, Sept. 6-7, 2000.

“Retroactive crash liability” (Death on the High Seas Act), Aug. 25-27, 2000.

“Class actions: are we all litigants yet?” (American Airlines frequent flier class action), Aug. 23-24, 2000.

“Never too stale a claim” (suits against manufacturers over planes built in early 20th century), July 14-16, 2000.

“New subpage” (this page introduced), June 16-18, 2000.

“Somebody to sue” (map publisher Jeppesen Sanderson sued after Croatia crash), June 1, 2000.

“Swissair crash aftermath” (Peggy’s Cove disaster in U.S. courts), March 14, 2000; “Montreal Gazette ‘Lawsuit of the Year’” (bagpipers sue Swissair for lost income), Jan. 17, 2000.

“Blaming good pilots” (Alaska Air crash), Feb. 24, 2000.

“New safety rule likely to increase death toll” (FAA and child seating on airlines), Dec. 31, 1999-Jan. 2, 2000.

“Attorney blames airline for passenger’s drunken in-flight rage“, Dec. 9, 1999.

“Indications of turbulence” (pilot whose mental fitness for duty was challenged wins partial back pay), Dec. 1, 1999.

“Some lawyers try to make nice” (EgyptAir 990), Nov. 29, 1999.

“From the planet Litigation” (UFO suits), Nov. 22, 1999.

“Grounds for suspicion” (DEA and arriving passengers), Oct. 9-10, 1999.

“Overlawyered skies not always safer“, July 19, 1999.

Other resources:

AVweb includes articles by its law columnist, Phillip J. Kolczynski, on such topics as product liability, liability for homebuilt aircraft, and aircraft owner liability.

Walter Olson, “Kingdom of the One-Eyed” (pilot vision and ADA), Reason, July 1998.

Walter Olson, “Life, Liberty, and the Pursuit of a Good Beer” (alcoholic pilot and ADA), Washington Monthly, September 1997.

Filed under: airlines, Alaska, assumption of risk, Australia, aviation, Canada, Denver, France, Germany, libel slander and defamation, Pittsburgh, Switzerland, zero tolerance

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 product liability items, pre-July 2003

(See separate pages for food and beverage cases, asbestos, pharmaceutical and vaccine cases, lead paint, auto safety, aviation, environmental, firearms, high-tech, media and tobacco litigation)

“Texas’s giant legal reform“, Jun. 18-19, 2003.

“Artificial hearts experimental? Who knew?“, Oct. 23, 2002.

“Sorry, wrong number” (Angelos vs. cell phones), Apr. 23, 2001; “By reader acclaim“, Jan. 11, 2001 (& Oct. 1-2, 2002: judge dismisses case).

“Read the label, then ignore it if you like” (flammable carpet adhesive), Jul. 12-14, 2002.

“Pitcher hit by line drive sues maker of baseball bat“, Apr. 19-21, 2002.

“Warning on fireplace log: ‘risk of fire’“, Jan. 25-27, 2002; “‘Wacky Warning Label’ winners“, Jan. 19-21, 2001; “Never iron clothes while they’re being worn” (more contest winners), Jan. 18, 2000 (& letter to editor, Jan. 21-23).

“‘How many people will this kill, I wonder?’” (EU product liability, blood suppliers), Jan. 18-20, 2002.

“Defoliant litigation proves evergreen” (Agent Orange), Jan. 7-8, 2002 (& see Apr. 3-4).

“Under the Christmas tree” (BB guns), Dec. 21-23, 2001.

“Segway, the super-wheelchair, and the FDA“, Dec. 13-14, 2001.

“Can’t find the arsonists? Sue the sofa-maker“, Nov. 19-20, 2001; “Somebody to sue” (furnishings and building-supply cos. sued after fire), June 1, 2000.

“Disclaimer rage?” (GPS software), Oct. 15, 2001.

“Target: trade associations” (National Spa & Pool Institute case), Sept. 5, 2001.

“Latex liability, foreseeable or not“, July 26, 2001; “Breakthrough for plaintiffs on latex gloves?“, July 18, 2000; “Rhode Island A.G.: let’s do latex gloves next“, Oct. 26, 1999.

“Claim: inappropriate object in toothpaste caused heart attack“, May 29, 2001.

“While you were out: the carbonless paper crusade“, Apr. 25, 2001.

“Plastic cup blamed for child’s autism“, Apr. 9, 2001.

“Tendency of elastic items to recoil well known“, Mar. 6, 2001; “Hunter sues store over camouflage mask“, Jan. 12-14, 2001.

“‘Juries handing out bigger product liability awards’“, Feb. 2-4, 2001.

“Anti-Ritalin lawyers still acting out” (trade association liability), Apr. 13-15, 2001; “Promising areas for suits“, Dec. 7, 2000.

“Product liability criminalized?“, Oct. 20-22, 2000.

“Product liability: Americanization of Europe?“, Oct. 18, 2000.

“Senator Lieberman: a sampler” (sponsored product liability reform), Aug. 8-9, 2000.

“Never too stale a claim” (suits against manufacturers over products built in early 20th century), Jul. 14-16, 2000.

“‘Backstage at News of the Weird’” (liquid drain cleaner), Jun. 29-Jul. 1, 2000.

“‘Skydivers don’t sue’“, May 26-29, 2000.

“House passes liability reforms“, Feb. 24, 2000.

“Driving up housing costs” (Calif. construction defect cases), Dec. 10, 1999.

Computer glitches: “Toshiba and Ford, in the same boat“, Dec. 2, 1999; “Don’t redeem that coupon!” (Andrew Tobias), Nov. 24-25; “How I hit the class action jackpot” (Stuart Taylor), Nov. 17; “More details on Toshiba“, Nov. 5-7; “Toshiba flops over“, Nov. 3, 1999.

“Class actions vs. high tech“, Nov. 23, 1999.

“Baleful blurbs” (publishers’ liability for inaccuracies on book jackets), Nov. 16, 1999.

“Foam-rubber cow recall“, Oct. 22, 1999.

“Reform stirrings on public contingency fees“, Oct. 15, 1999.

“This side of parodies” (fictional account of self-inflicted icepick injury), Oct. 5-6, 1999.

“Fertilizer manufacturers not liable for World Trade Center bombing“, Aug. 23, 1999.

“Plus extra damages for having argued with us” (liability for global warming?), Aug. 19, 1999.

“Overlawyered skies not always safer” (“self-critical analysis” issue), Jul. 19, 1999.

Other resources:

The home page of Overlawyered.com editor Walter Olson contains a listing of his writings on product liability.

Filed under: asbestos, baseball, contingent fee, Europe, global warming, lead paint, product liability, Rhode Island, tobacco, vaccines

Archived environment items, pre-July 2003

See separate entries for archived entries on animal rights and mold.

Wildlife management, species protection, 2003: “U.K. roundup” (licensing of exotic pet fish), Jun. 12-15. 2001: “False trail of missing lynx“, Dec. 18; “Pricing out the human species“, Aug. 22-23; “Stories that got away“, Jul. 23; “Bush’s environmental centrism“, Apr. 24. 2000: “Endangered list“, Dec. 4; “Snakes’ rights not always paramount” (man killed snake in self-defense), Aug. 18-20; “‘Imperfect laws add to danger of perfect storms’“, Aug. 10. 1999: “Property owners obliged to host rattlesnakes“, Oct. 12; “Knock him over with a feather” (migratory bird contraband laws), Sept. 11; “Mow’ better ADA claims” (claim of “exotic prairie plants” by resident who didn’t want to mow her lawn), Jul. 26.

“Bounty-hunting in New Jersey“, Jun. 10-11, 2003.

“‘State is suing ex-dry cleaners’” (Calif., Superfund), May 27, 2003.

“Suing ’til the cows come home“, May 20, 2003.

“U.K. roundup” (global warming suits), Jun. 12-15, 2003; “Tort suits over global warming“, Feb. 6-9, 2003; “Global warming suit?“, Jul. 31, 2001 (& Aug. 10-12); “Plus extra damages for having argued with us“, Aug. 19, 1999.

“California’s hazardous holiday” (fireplaces), Dec. 27-29, 2002; “Chestnuts-roasting menace averted“, Dec. 24-27, 2001; “Put out that match” (agricultural burning, residential wood burning), Feb. 28-Mar. 1, 2001.

“Right to know” laws, 2002: “California’s hazardous holiday” (acrylamide), Dec. 27-29; “‘Lawyers who sue to settle’“, Nov. 4-5; “Chocolate, gas-pump fumes, playground sand and so much more“, Oct. 15; “‘Greedy or Just Green’“, Mar. 13-14. 2001: “There’ll always be a California” (chocolate and Prop 65), Dec. 4; Letter to the editor (lutefisk exempted from toxic-substance status in Wisconsin), Nov. 29; “Be somewhat less afraid” (nuclear plant terrorism), Nov. 30-Dec. 2; “‘U.S. Debates Info on Chemical Hazards’” (“right to know” and terrorism), Nov. 12; “Chemical-plant vulnerabilities: read all about them“, Oct. 1. 1999: “Lockyer vs. keys” (California attorney general declares brass a toxic hazard), Nov. 2.

“How much did you say that Indian legend was worth?“, Sept. 25-26, 2002; “Final innings for Kennewick Man“, Sept. 27-28, 2000; “Free Kennewick Man!” (pre-Columbian remains), Oct. 11, 1999.

Low exposures, 2002: “A breast-cancer myth“, Sept. 3-4; “‘Unharmed woman awarded $104,000’” (Canada), May 6. 2001: “There’ll always be a California” (chocolate and Prop 65), Dec. 4; “‘Incense link to cancer’“, Aug. 27-28; “‘Candles might be polluting your home, EPA says’“, Jun. 19; “While you were out: the carbonless paper crusade“, Apr. 25 (& letter to the editor, May 18); “Hunter sues store over camouflage mask“, Jan. 12-14. 2000: “‘Airbag chemical on trial’“, Aug. 14; “Multiple chemical sensitivity from school construction“, Jul. 3-4; “Feelings of nausea? Get in line” (Baton Rouge chemical spill), Jan. 26-27. 1999: “Lockyer vs. keys” (California attorney general declares brass a toxic hazard), Nov. 2.

Zoning, land use, 2002: “How much did you say that Indian legend was worth?“, Sept. 25-26; “‘Preserving’ History at Bayonet Point“, Feb. 15-17; “Planners tie up land for twenty years“, Jan. 18-20. 2001: “Columnist-fest” (John Tierney on NYC battle over IKEA site), May 25-27; “Lessons of shrub-case jailing“, May 17; “Perils of regulatory discretion“, Jan. 24-25. 2000: “Cornfield maze as zoning violation“, Oct. 30. 1999: “Great moments in zoning law” (rescued pets from storm, charged with running unlawful animal shelter), Nov. 22.

“Mercury in dental fillings“, Jul. 16-17, 2002 (& Nov. 4-5, 2002).

“Going to blazes” (logging and Western fires), Jul. 1-2, 2002; “Credibility up in smoke?” (same), Jul. 12-14, 2002; letter to the editor, Oct. 23.

Industrial farming: “‘Tampa Judge Tosses Out Class-Action Suit Against Hog Company’“, Jul. 3-9, 2002; “RFK Jr. blasted for hog farm remarks“, Apr. 15, 2002 (& Apr. 17, Apr. 19-21, letter to the editor and editor’s response, Apr. 19); “Chickens are next“, Feb. 6-7, 2002; “Judge throws out hog farm suit“, May 7, 2001; “Trial lawyers vs. hog farms“, Dec. 7, 2000; “This little piggy got taken to court“, Sept. 12, 2000; “Not so high off the hog“, Oct. 4, 1999.

“‘San Francisco Verdict Bodes Ill for Oil Industry’“, Jun. 11-12, 2002.

“‘Legal fight over chemical spill ends with whimper’” (W.V.), Jun. 7-9, 2002.

“Flowers, perfume in airline cabins not OK?” (Canada), May 17-19, 2002; “Scented hair gel, deodorant could mean jail time for Canadian youth“, Apr. 24, 2000.

“The mystery of the transgenic corn“, May 14-15, 2002.

“Erin Brockovich”, 2002: “‘Erin Brockovich, the Brand’“, Apr. 29-30. 2001: “Exxon Brockovich vs. Erin Valdez“, Nov. 15; “NBC mulls Brockovich talk show“, Nov. 6, 2001; “Brockovich a heroine? Julia really can act“, Mar. 23-25. 2000: “Errin’ Brockovich?“, Dec. 21, 2000; “‘All about Erin’“, Oct. 12; “More woes for ‘Brockovich’ lawyers“, Jun. 22-25; “Brockovich story, cont’d: the judges’ cruise“, Apr. 18; Brockovich story breaks wide open“, Apr. 17; “Plume of controversy“, Apr. 14-16; “Hollywood special“, Mar. 30. 1999: “A Civil Action II?“, July 7.

Trial lawyer/enviro alliance? “RFK Jr. blasted for hog farm remarks“, Apr. 15, 2002 (& Apr. 17, Apr. 19-21, letter to the editor and editor’s response, Apr. 19); “‘Working’ for whom?” (Environmental Working Group), May 23, 2001; “Judge throws out hog farm suit“, May 7, 2001; “‘Bogus’ assault on Norton“, Jan. 18, 2001; “Trial lawyers vs. hog farms“, Dec. 7, 2000.

“‘Former clients sue attorney O’Quinn’” (Kennedy Heights case), Apr. 8-9, 2002.

“Arsenic: one last dose?“, Mar. 22-24, 2002; “The view from Arsenictown“, Sept. 11, 2001; “‘The arithmetic of arsenic’“, Aug. 17-19; “Bush’s environmental centrism“, April 24; “Tempest in an arsenic-laced teacup?“, Apr. 18; “‘Bogus’ assault on Norton“, Jan. 18; “The Times vs. Gale Norton“, Jan. 15; “Ecology and economy“, Jan. 5-7, 2001.

“Liability concerns fell giant sequoia“, Mar. 12, 2002.

“Environmental lawsuits vs. military readiness“, Jan. 2-3, 2002.

“Overlawyered schools roundup” (environmental impact statement for teacher layoffs?), Dec. 7-9, 2001.

“Infectious disease conquered, CDC now chases sprawl“, Nov. 9-11, 2001.

“States lag in curbing junk science“, May 29, 2001.

“‘Family awarded $1 billion in lawsuit’” (Louisiana land contamination), May 24, 2001.

“Prospect of $3 gas“, May 10, 2001.

Who needs power anyway?: “Sweetness and light from Bill Lockyer“, Jun. 1-3, 2001 (& see June 8-10, June 22-24); “California electricity linkfest“, Mar. 26, 2001; “Brownout, Shivers & Dim, attorneys at law“, Oct. 11, 2000; “Worse than Y2K?” (EPA/DOJ suit against coal-burning utility plants), Nov. 18-19, 1999.

“Seventh Circuit rebukes EPA” (Superfund search and seizure), Apr. 23, 2001.

Attorneys’ fees: “Stories that got away” (Endangered Species Act suits), Jul. 23, 2001; “Losers should pay” (columnist Thomas Sowell; injunctions, bonding requirements), Aug. 4-7, 2000; “Marbled Murrelet v. Babbitt: heads I win, tails let’s call it even” (“one-way” fee shifts), Sept. 8, 1999 (& see National Law Journal, Dec. 14, 1999).

“Enviro litigator: debate belongs in Congress, not courts“, Dec. 29, 2000-Jan. 2, 2001.

“Federal power over mud puddles?” (wetlands case), Nov. 28, 2000.

“From the evergreen file: cancer alley a myth?“, Nov. 8, 2000.

“‘A Civil Action’ and Hollywood views of lawyers“, Jun. 20, 2000.

“Don’t cooperate” (lawyers’ advice re local health survey), Jun. 9-11, 2000.

“EPA’s high courtroom loss rate“, May 26-29, 2000; “When agencies like getting sued“, Dec. 6, 1999.

“After the great power-line panic“, May 24, 2000; “Another scare starts to fizzle” (endocrine disrupters), Aug. 19, 1999.

“This side of parodies” (“dihydrogen monoxide” parody), May 10, 2000.

“Diapered wildlife?” (animal emissions as environmental problem), Apr. 10, 2000; “Backyard trash burning” (suspected as major dioxin source), Jan. 6, 2000.

“Emerging campaign issue: ‘brownfields’ vs. Superfund lawyers“, Apr. 4, 2000; “Mayors: liability fears stalling ‘brownfields’ development“, Feb. 26-27, 2000.

“Lawyers for famine and wilderness-busting?” (anti-biotech), Jan. 3, 1999.

“Weekend reading: evergreens” (Race car great Bobby Unser’s snowmobiling rap), Dec. 3-5, 1999.

“Leave that mildew alone” (EPA considers mildew-proof paint to be pesticide), Nov. 30, 1999.

“Flag-burning protest requires environmental permits” (one for smoke, one for fire), Nov. 3, 1999.

“A mile wide and an inch deep” (EPA considers Platte River impaired because sun heats it up), Oct. 15, 1999.

“Careful what you tell your lawyer” (feds demand waiver of lawyer-client confidentiality in environmental cases), Sept. 14, 1999; “Overlawyered skies not always safer” (environmental audits and other “self-critical analysis”), Jul. 19, 1999.

“Tainted cycle” (class action over infectious bacterium in Milwaukee water supply), Sept. 2, 1999.

Articles by Overlawyered.com editor Walter Olson:

“Hollywood vs. the Truth” (“Civil Action” movie), Wall Street Journal, December 23, 1998.

“Don’t Steal This Book“, review of Property Matters by James DeLong, Wall Street Journal, April 2, 1997 (property rights).

“Lawyers with Stethoscopes: Clients Beware“, Manhattan Institute Civil Justice Memo # 26, June 1996.

Filed under: acrylamide, animal rights, attorneys general, Bill Lockyer, Canada, environment, Erin Brockovich, Exxon, global warming, Louisiana, Manhattan Institute, New Jersey, Prop 65, Robert F. Kennedy Jr., Superfund, Wisconsin

Archived legal ethics items, pre-July 2003

Bar discipline and client protection, 2003: “Probate’s misplaced trust” (Washington Post series), Jun. 16-17. 2002: “Crumbs from the table“, Feb. 8-10. 2001: “Law firm sued over fen-phen settlement practices“, Dec. 28; “Updates” (IOLTA), Dec. 15-16 (& Jan. 31); “Holiday special” (Canadian lawyer’s misconduct), May 28; “Mills of legal discipline” (updates on Brock, Hager, Fieger cases), Mar. 3; “Dangers of complaining about lawyers” (Ga. considers easing defamation counter-complaints by lawyers), Mar. 30-Apr. 1. 2000: “‘Judge Lenient With Perjurer, Cites Clinton Case’“, Oct. 16-17 (& May 16); “Disbarred, with an asterisk” (Mass. has let many attorneys resume practice), Sept. 20; “Funds that don’t protect” (client protection funds), Aug. 23-24; “Fit to practice?” (California bar disciplinary board), Aug. 21-22; “That Hager case” (American U. law professor Mark Hager, settlement of Warner-Lambert Nix lice treatment case), Feb. 23 (& update May 3, 2001: board recommends three-year suspension).

“New legal ethics weblog” (ethicalEsq.?), Jun. 6-8, 2003.

Judicial conduct, 2003: “Year’s most injudicious judges” (NLJ roundup), May 6. 2002: “‘Federal authorities say judge offered illegal payoff’“, Sept. 3-4; “‘Privileged chambers’” (Albany Times-Union series), May 30; “‘Injudicious conduct’” (NLJ roundup), May 1-2; “La. officials seek oyster judge recusal“, Mar. 25-26; “So depressed he stole $300K“, Mar. 19. 2001: “‘Pseudologica fantastica’ won’t fly” (judge’s resum?ibs), June 7 (& update Aug. 20-21); “‘Judges behaving badly’” (NLJ roundup), May 11-13. 2000: “Year’s most injudicious judges“, Jun. 5, 2000; “Brockovich story, cont’d: the judges’ cruise“, Apr. 18; “New Hampshire high court blowup“, Apr. 5 (& updates Oct. 11: chief justice acquitted at impeachment; May 3, 2001); “The costs of disclosure” (Washington state, Grant Anderson case), Jan. 19.

“Class action lawyer takes $20 million from defendant’s side“, Mar. 15-16, 2003.

“Politico’s law associate suspended over ‘runner’ use” (Louisiana), Feb. 14-16, 2003.

Civility: “Law’s attraction for the bully“, Dec. 13-15, 2002; “‘Attorney Ordered To Pay Fees for “Rambo” Tactics’“, Oct. 5-7, 2001; “Mills of legal discipline” (Geoffrey Fieger tirade against judges), May 3, 2001 (& more on Fieger: Apr. 23-24, 2002, Sept. 14, 1999; “Another Mr. Civility nominee” (“dreck”, “scum”), June 2-4, 2000; “From the incivility frontier” (“gag a maggot off a meat wagon”, “proctology exam”), April 19; “Majesty of the law” (alleged threat to kill opposing counsel), March 13, 2000 (& update May 17: attorney sanctioned); “Bright future in some areas of practice” (“abusive, hostile” applicant for law license), Oct. 13, 1999 (update, Nov. 23).

“Race-bias cases gone wrong“, Jan. 24-26, 2003.

“Lawyers fret about bad image” (Fla. bar plans to rate and monitor tone of journalists’ coverage), Oct. 3, 2002.

“FTC cracks down on excessive legal fees“, Oct. 1-2, 2002.

“Second Circuit: we mean business about stopping frivolous securities suits” (scope of Rule 11), Aug. 29-Sept. 2, 2002.

“Lawyer’s 44-hour workday“, Jun. 28-30, 2002; “Charged $16,000 for brief he copied from book“, May 17-19, 2002; “Lending rules trip up litigation-finance firms“, Dec. 3, 2001; Letter to the editor (incremental billing disclosed?), Oct. 22, 2001; “Law-firm bill-padding? Say it isn’t so!“, Nov. 18, 1999.

“‘Student gets diploma after threatening lawsuit’“, Jun. 13, 2002.

Truth value, 2002: “Lying’s not nice, especially when representing the bar“, Jul. 30-31; “Columbia Law School survey on public attitude toward lawyers“, Apr. 26-28; “‘Ex-student sentenced for rape lie’” (wants to become attorney), Jan. 11-13 (& see May 26-29, 2000: Stephen Glass graduates Georgetown Law). 2001: Criminal defense attorneys, doing what they do best“, Dec. 15-16; “‘Lawyers pay price for cruel hoaxes’” (phony heir claims after plane crashes), Aug. 3-5; “‘Lie-tery winners’“, April 20-22. 2000: “What was the Florida court thinking?” (Boies-submitted affidavit), Dec. 11-12; “‘Judge Lenient With Perjurer, Cites Clinton Case’“, Oct. 16-17 (& May 16); “The judge wasn’t asleep” (sanctions for submission of dubious affidavits), June 14-15. 1999: “If true, then all the better” (excerpt from Campos, Jurismania), Dec. 3-5; and see witness coaching, below.

“‘”Little” done for firm, Rendell says’” (law firms provide no-show jobs for politicians), May 9, 2002.

“‘Former clients sue attorney O’Quinn’” (Kennedy Heights case), Apr. 8-9, 2002 (& Aug. 4, 1999).

“Gary & Co. shenanigans at Maris trial“, Apr. 1-2, 2002.

“Lawyers stage sham trial aimed at inculpating third party“, Mar. 22-24, 2002.

Disclosure: “Lending rules trip up litigation-finance firms“, Dec. 3, 2001; Letter to the editor (incremental billing disclosed?), Oct. 22, 2001; “Trial lawyers knew of tire failures, didn’t inform safety regulators“, June 25 (& June 28)(& letter to the editor, July 6); Letter to the editor (ghostwriting), June 13; “ABA’s toothless ethics proposals“, Jan. 17, 2001; “Contingency fee reform“, Nov. 1, 2000.

Contingent fees, 2001: “Lending rules trip up litigation-finance firms“, Dec. 3; “Red-light cameras“, Sept. 6, 2001; “‘The Louima millions’“, July 24; “The rest of Justice O’Connor’s speech“, July 6-8; “Evils of contingent-fee tax collection, cont’d“, May 30; “Reclaiming the tobacco loot“, March 15; “Hugh Rodham’s ‘success fee’“, Feb. 23-25; “Dangers of tax farming“, Jan. 10 (& letter to the editor, Jan. 16). 2000: “Contingency fee reform“, Nov. 1; “‘Lawyer take all’” (equity stakes in clients), Oct. 27-29. 1999: “Piece of the action” (contingent fees for public officials), Dec. 3-5; “Reform stirrings on public contingency fees“, Oct. 15.

Witness coaching, 2001: “GAF sues asbestos lawyers“, Feb. 12-13, 2001 (& see Dec. 10). 2000: “‘N.Y. lawyer charged in immigrant smuggling’“, Sept. 22-24; “Sunday’s Times on Fred Baron“, June 5 (& see “Thanks for the memories” by Walter Olson, Reason, June 1998 and subsequent letters exchange with William Hodes). 1999: “State of legal ethics” (hey, what’s wrong with witness coaching?), Sept. 9.

“‘The Great Mouthpiece’” (Manhattan’s Bill Fallon, 1920s), Dec. 28, 2001.

“‘Halliburton shares plunge on verdict’” (law-firm whistleblowing), Dec. 10, 2001.

“‘2d Circuit Upholds Sanctions Against Firms for Frivolous Securities Claims’“, July 23, 2001 (more on sanctions: Jul. 30-31, 2002).

“Estate law temptations“, July 6-8, 2001; “Lawyers charged with $4.7 million theft from clients“, April 10, 2000; “Lawyers stealing less, clients say“, Dec. 21, 1999.

“Lost his live client, had to substitute dead one instead“, April 11, 2001; “Turn of the screw” (lawyers alleged to have sued without client consent), Oct. 24, 2000; “Curious feature of lawyer’s retainer” (allowed him to settle case without client consent), Sept. 12, 2000.

“‘It’s time to disarm the hired guns’” (Arianna Huffington), Feb. 28-March 1, 2001; “Trustworthy professionals” (survey of public confidence), Dec. 11-12, 2000.

“Fed prosecutors chafe at state ethics rules“, Oct. 16-17, 2000.

“Lenzner: ‘I think what we do is practice law’” (private investigator in Oracle scandal), July 28-30, 2000.

“Access to something” (lawyer accused of working for Social Security Administration while helping clients sue it), July 13, 2000.

“Ready to handle your legal needs” (Stephen Glass graduates Georgetown Law), May 26-29, 2000.

“Steering the evidence” (DaimlerChrysler gets sanctions against lawyers for evidence and witness tampering), May 23, 2000 (& update June 26).

“‘Ad deal links Coke, lawyer in suit’” (Willie Gary, suing Coca-Cola on behalf of clients, enters into a lucrative ad deal with it), May 11, 2000.

“Splash of reality” (sanctions for frivolous litigation in case of claimed Jackson Pollock painting), May 4, 2000.

“Brockovich story, cont’d: the judges’ cruise“, April 18, 2000; “Brockovich story breaks wide open“, April 17, 2000 (& see Dec. 21).

“Majesty of the law” (Phila. attorney Marvin Barish could face sanctions for allegedly threatening to kill opposing counsel during trial break), March 13, 2000; “Relax, you’re being taken care of” (Barish advances injury client’s rent and expenses), Dec. 14, 1999.

“Legal ethics meet medical ethics” (lawyers advise schizophrenic murder defendant to go off his medication for trial), Feb. 26-27, 2000.

“Secrets of class action defense” (assisting cooperative opponent to draft complaint), Feb. 25, 2000.

“Watchdogs could use watching” (fee-splitting in Florida securities cases), Jan. 20, 2000.

“The costs of disclosure” (lawyer reveals misconduct by client, judge), Jan. 19, 2000; “Pack your toothbrush, son” (Ala. law-firm whistleblower), Dec. 20, 1999.

“Popular CLE course: ‘How to Hammer Allstate’” (insurer charged with unauthorized practice of law), Dec. 22, 1999 (update, April 18, 2000).

“Splitsville, N.Y.” (New York mag on divorce), Dec. 17-19, 1999.

“Victory in Florida” (plaintiffs deliberately run up gunmakers’ costs for leverage), Dec. 14, 1999.

“Weekend reading: evergreens” (St. Petersburg Times Pulitzer series on probate law), Dec. 3-5, 1999; “From the evergreen file: L.A. probate horror” (estate of art collector Fred Weisman), Nov. 20-21; “Weekend reading: evergreens” (Denver probate nightmare), Oct. 23-24, 1999.

“Class action fee control: it’s not just a good idea, it’s the law“, Nov. 30, 1999; “Class action coupon-clippers“, Nov. 15; “$49 million legal fee okayed in case where clients got nothing“, Sept. 28, 1999.

“Accommodating theft“, Nov. 11, 1999.

“Who loves trusts-and-estates lawyers?“, Nov. 8, 1999.

“Criticizing lawyers proves hazardous“, Nov. 4, 1999 (update, Nov. 30); “No spotlight on me, thanks” (Houston’s John O’Quinn), Aug. 4, 1999.

“State of legal ethics” (lawyers take out glossy ad to stir up will-contest litigation), Oct. 5-6, 1999.

“Weekend reading: evergreens” (lawyer-abetted accident fraud), Sept. 25-26, 1999; “Wages of wrongdoing” (Staten Island lawyers convicted), Sept. 8, 1999.

“Join our new Verdict Rewards program” (checks for jurors), Sept. 13, 1999 (updates, Sept. 17-19, 1999 and Aug. 4-7, 2000).

“Cook County law bills a secret“, Sept. 11-12, 1999.

“My lawyer is an impostor“, Sept. 3, 1999.

“ABA thinks it can discourage ‘pay-for-play’“, Aug. 11, 1999 (& Aug. 14-15 update).

“Like calling the Orkin man to talk about bugs” (ABA convention), Aug. 10, 1999; “Weekend reading” (ABA choice of speakers), Aug. 28-29, 1999.

“No need for speed“, Aug. 3, 1999.

“Weekend reading” (at execution sale, law firm buys up client’s right to sue it for malpractice), July 31-Aug. 1, 1999.

“Honey, you’ve got mail” (solicitations from divorce lawyers arrive before unsuspecting spouses know they’re being divorced), July 15, 1999.

Articles by Overlawyered.com editor Walter Olson:

“Thanks for the memories” (coaching of witnesses), June 1998 (& subsequent letters exchange with William Hodes)

“Tobacco Analysts Meet the Plaintiff’s Lawyers” (abuse of pretrial discovery), Wall Street Journal, August 30, 1995.

“Juries on Trial“, review of The Jury by Stephen J. Adler and We the Jury by Jeffrey Abramson, Reason, February 1995.

“Sue City: The Case Against the Contingency Fee“, excerpt from The Litigation Explosion, Policy Review, Winter 1991 [in two parts] [part one] [part two]

“Dentists, Bartenders, and Lawyer Unpopularity“, Manhattan Institute Civil Justice Memo #37, April 1999.

“Lawyers with Stethoscopes: Clients Beware“, Manhattan Institute Civil Justice Memo #26, June 1996.

“Taming the Litigators: Why Not More Disclosure?“, Manhattan Institute Civil Justice Memo #24, February 1996.

Codes of ethics:

ABA Center for Professional Responsibility
Overview — Rules of Lawyer Conduct
U.S. Judges Code of Conduct
California Rules of Professional Conduct
D.C. Rules of Professional Conduct

Some online articles of interest:

James McCauley, “The Ethics of Making Legal Services Affordable…” (Virginia bar; discusses unauthorized practice, pro se litigation)

Rep. Chris Cox, Testimony on tobacco settlement (1997)

Lawrence Schonbrun, “Class Actions: The New Ethical Frontier” (Manhattan Institute, 1996)

Filed under: Allstate, asbestos, Canada, Chrysler, Coca-Cola, contingent fee, Denver, divorce, ethics, fen-phen, Fred Baron, Geoffrey Fieger, Houston, John O'Quinn, libel slander and defamation, Louisiana, Manhattan Institute, New Hampshire, pro se, The Litigation Explosion, tobacco, tobacco settlement, Washington state, Willie Gary