Overlawyered: Chronicling The High Cost Of Our Legal System

Archive for June, 2007

Virginia Cracks Down on Scourge of People Enjoying Things

Visitors to Rustico restaurant in Alexandria, VA may think they’re merely enjoying an innocent Beersicle (video)- but state regulators seem to think they are practicing their own vigilante brand of thirst amelioration. The new “frozen beer on a stick” offering apparently violates a state law that requires beer be sold in its original container or served immediately after it is poured.

It would seem to me that the beersicle actually serves as a deterrent to consuming large amounts of beer as fast as possible. This isn’t a good thing? Wouldn’t the cops be a little better served by making sure terrorists aren’t amassing a stockpile of bomb pops?

[Update Jul. 2008: state legislature legalizes the pops.]

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Some Pearson reactions

WSJ Law Blog has the (long) opinion and (short) judgment in the case. Professor Bainbridge notes the pertinence of the legal principle of “puffery”, under which Pearson was no more justified in demanding the literal enforcement of the Chungs’ “Satisfaction Guaranteed” sign than would other customers be justified in suing United Air Lines after a grumpy flight for not providing “friendly skies”, Exxon for not putting a genuine “tiger in your tank”, Fox News for being less than “fair and balanced”, and so forth. Amygdala observes, of the $12,000 settlement offer that Pearson spurned from the Chungs:

Which is to say, if you’re a lawyer, or just knowledgeable about legal phrasing and documents, and willing to spend a certain amount of time generating and mailing documents, you can wind up being offered $12,000 if you’re sufficiently obnoxious and persistent, no matter how feeble, frivolous, and meretricious your claim is.

That’s a well-known, old, story, to be sure, but still worthy of note now and again.

And the WSJ Law Blog has an earlier interview with the Chungs’ lawyer, Christopher Manning, including this pertinent excerpt:

How’d all the publicity start?

A local neighborhood newspaper first picked up the story. Then WJLA – the local ABC affiliate — picked up the story, with me holding the pants. After that, Marc Fisher’s [Washington Post] column ran in late April which really set it off. [The story has since been featured on Today, Nightline, Good Morning America, MSNBC, Fox News, CNN and a host of other networks.]

Gosh. You mean the pants suit didn’t become a big worldwide story, as some of our friends in the trial bar have hinted, just because those nefarious legal reformers were looking for a far-out case to publicize? Next you’ll be telling us that Stella Liebeck’s McDonald’s hot-coffee award became a huge story because it was something the press found newsworthy and the public wanted to talk about, rather than because reformers plotted deep into the night to hype it.

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More unintended consequences from IDEA

The litigation-enforced “mainstreaming” of disruptive special-education students under the Individuals with Disabilities Education Act is not only adversely affecting general-education students, but increasing teacher turnover. (John Hechinger, “‘Mainstreaming’ Trend Tests Classroom Goals”, Wall Street Journal, June 25). More: Another relevant investigative piece from the Journal: Robert Tomsho, “When Discipline Starts a Fight”, Jul. 9.

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Guest Blogger Unveiled

It appears that I have won the Guestblogger Pageant (despite falling down and being booed by angry Mexicans), so here’s a little bit about me. My name is Christian Schneider, and I work for the Wisconsin Policy Research Institute here in lovely Madison, Wisconsin. I run the WPRI blog, a little personal project called Atomic Trousers, and as a former legislative staffer, I blogged pseudonymously as Dennis York (a blog that could generously be described as humorous). I am originally from Alexandria, VA, and I have a master’s degree in political science from the prestigious Marquette University in Milwaukee (which means I am qualified to read the newspaper). I also occasionally contribute commentaries to the show “Here and Now” on Wisconsin Public Television.

While I am not an attorney, I am a long time fan of Overlawyered.com. Plus, there’s a reasonable chance Jessica Alba will be filing a restraining order against me sometime soon, so I thought it might be a good idea to familiarize myself with the legal community.

Here are a couple past posts that people seemed to find moderately inoffensive:

Scientists to Harvest Seniors for their Coupons
Keep Your Laws Out of My Pants (and a Follow-Up)
When Religions Lobby

So there’s my resume. References available upon request.

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Breaking: Pearson loses pants suit

A judge has ruled in favor of the defendant Chung family in the mishandled-dry-cleaning case, and awarded them (relatively minor) court costs. Pearson is expected to appeal; the Chungs’ lawyer says the family expects to ask eventually that he also be made to pay their attorney fees, but D.C. law sets the bar for such a request relatively high, so it’s by no means something they can count on. Coverage: Washington Post and its Marc Fisher and OFF/beat blogs, more. Earlier: here and here.

More: And here’s word of a fundraiser for the Chungs’ legal defense, next month in D.C., sponsored by the Chamber and ATRA.

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Guestblogger tomorrow

We’ve had a record response to our call for guestblogging volunteers, and the first in a series of guests will be dropping by tomorrow to begin a week-long stint. If you’ve been meaning to volunteer but haven’t, go ahead and drop us a line — there may still be openings later in the summer.

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Cookies-for-troops menace averted

No need to worry that greeters will be foisting cookies on returning soldiers at Bangor International Airport any more: “airport officials asked the greeters to stop serving food last month because of concern about liability and food safety. ‘We just say, “We’re sorry, we can’t give out any cookies,”‘ said Bill Knight, a World War II veteran who founded the group.” (Katie Zezima, “Airport Tries to Rein In Greeters’ Generosity Toward Troops”, New York Times, Jun. 21). Other food menaces averted: Dec. 13, 1999 (homemade pies), Jan. 29, 2001 (school cookies, country fair pies and jams), Feb. 1-3, 2002, Jan. 18 and Apr. 28, 2007 (figurines in New Orleans king cake), Apr. 15, 2004 (potluck dinners), Jul. 18, 2006 (homemade baked goods in U.K. nursing home), and Apr. 28, 2007 (candy-wrapped toy).

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Great moments in immigration law

Getting wide exposure on YouTube, and providing fodder for Lou Dobbs:

The video shows attorneys for Cohen & Grigsby, one of the largest law firms in Pittsburgh, explaining at a conference on immigration how to obey laws that require Americans be given top priority for jobs while still ensuring foreigners are hired.

“The goal here of course is to meet the requirements, number one, but also do so as inexpensively as possible, keeping in mind our goal. And our goal is clearly not to find a qualified and interested U.S. worker,” Lawrence Lebowitz, the firm’s vice president of marketing, told the audience in May.

(“Pa. law firm’s immigration talk hits YouTube; U.S. senator demands investigation”, AP/Arizona Star, Jun. 23; Sister Toldjah; Doug Ross). More: Kim’s Play Place says the lawyers were serving their clients’ legitimate interests and that if they can arrange compliance with the letter of an irrational law there’s no reason for them to show allegiance to its claimed spirit. Further: Gina Passarella, “Immigration Law Seminar Generates Unwanted Publicity for Firm”, Legal Intelligencer, Jun. 25 (& welcome Opinionator readers).

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