Is litigation weakening American Culture? Kevin McGuiness says no (see update) but Senator Mitch McConnell says yes. (Via Southern Appeal)
Archive for August, 2003
Trash
(Registration Required): Citizens of Riverside are considering suing because the OC called them “White Trash” but Eugene Volokh thinks that they have no chance.
“Nine reasons John Edwards will drop out of the presidential race before Christmas”
Why doesn’t Arnold…?
…tell us what he thinks about California’s bounty-hunting s. 17200 law? Timothy Sandefur wonders (Aug. 27)(see Jul. 28, Aug. 4, Jul. 22). And the Manhattan Institute (with which our editor is affiliated) has just published the proceedings of an Oct. 24, 2002 conference on state unfair competition statutes, of which California’s s. 17200 is perhaps the most extreme. Among the conferees: prominent attorneys Sheila Birnbaum and Elizabeth Cabraser, Duke law prof Francis McGovern, and Federation of Defense and Corporate Counsel president Robert V. Dewey, Jr. Our editor moderated a panel (“Unfair Competition and Consumer Fraud Statutes: Recipe for Consumer Fraud Prevention or Fraud on the Consumer?“)(PDF)
Torricelli’s environmental patronage
Ethics-challenged former New Jersey Sen. Robert Torricelli is back in business: “A federal judge who was appointed to the bench after being recommended by Mr. Torricelli has assigned him as special master of an environmental cleanup site in Jersey City, a position that allows him to control millions of dollars in contracts and collect an estimated $500,000 a year in administrative fees.” (David Kocieniewski, “Hardly in Disgrace, Torricelli Emerges as a Trenton Power”, New York Times, Aug. 26). Julian Sanchez at Reason “Hit & Run” comments.
“Lawyer Sent Back to School as Sanction for Frivolous Lawsuit”
“A lawyer’s attempt to save a time-barred malpractice suit by wrapping it up as a federal RICO and civil rights case has drawn an unorthodox sanction [under federal Rule 11]: Rather than dock the lawyer for fees, the judge ordered him to take courses in federal practice and procedure, professionalism and legal ethics.” We still prefer fees, though (Charles Toutant, New Jersey Law Journal, Aug. 26).
Beware of Dog
Illinois has passed a new dog law, which seems like a really complicated solution to a fairly simple problem.
Nick Tarasen of “Chicago Report” explains (pretty convincingly) why he thinks that the law is a bad idea.
Ladies Man
Col. Kassem Saleh has apparently been making himself a little too popular with the ladies. It’s a fascinating question of whether one can get in trouble for “just talking” if one didn’t actually engage in any harassment at all. Indeed, the women seem to be complaining that they wanted more Saleh, not less.
Illicit Bargaining
The Curmudgeonly Clerk has laudably detailed (if slightly disturbing) coverage of the case of Municipal Judge Charles Maestas, convicted of exchanging reduced sentences for sexual favors. The CNN report is available here.
Suing over fellow prisoner’s escape
Clarksburg, W.Va.: “Three prisoners who were trapped in a van after it was hijacked in 2001 by a fellow prisoner have filed a lawsuit against the van’s transport company and two of the company’s former employees.” (“Prisoners trapped in hijacked van sue transport company”, AP/AccessNorthGeorgia, Aug. 13). The lawsuit claims Tennessee-based TransCor America, Inc. should have prevented the Sept. 2001 escape, in which prisoner Christopher Paul Savage faked illness, overpowered guards and took off in the correctional van before abandoning it and its eight other prisoner-occupants at a closed restaurant nearby. “The prisoners were denied proper food and drink, were deprived of medication and were denied bathroom breaks, the lawsuit alleges.” (Matt Harvey, “Three prisoners file lawsuit over fourth prisoner’s 2001 escape”, Clarksburg (W.Va.) Exponent Telegram, Aug. 14). No word in the latest stories about how long this deprivation lasted, but AP’s 2001 coverage says Savage abandoned the van only a quarter mile from where he hijacked it. (“Prisoner overpowers van guards, escapes”, Sept. 29, 2001, and “Armed prisoner still on the loose after early scuffle”, Citizens Against Private Prisons — scroll down about 2/3 on page).