Updating David’s post of Oct. 2: “in the end, only about 1,700 people asked to be reimbursed” over James Frey’s pseudo-memoir, after Random House set aside $2.35 million in a settlement fund. Legal fees: $783,000, or more than $400 per dissatisfied reader. Attorneys Larry Drury and Evan Smith, defending the escapade, spoke of the litigation’s value in deterring publishers from printing inaccurate memoirs in future. (“‘Million Little Pieces’ refund claimed by only 1,700”, AP/CNN, Nov. 3; earlier coverage).
Archive for November, 2007
Crocs footwear fad fades
And, as the night follows the day, there descend the class-action shareholder lawyers, led in this case by San Diego’s not-at-all-tainted Coughlin Stoia of Bill Lerach fame. (“Crocs facing possible suit despite earnings hike”, Northern Colorado Business Report, Nov. 9; Keith DuBay, “Lawyers pounce on Crocs”, ColoradoBiz Magazine/Denver Post, Nov. 15). “Imagine that! Sandals seasonal? Who knew?” (Al Lewis, “Idiots’ lawsuit is nothing but a Croc”, Denver Post, Nov. 16).
Update: flying-imams suit can proceed
A federal judge has declined to dismiss the controversial lawsuit. “The imams have argued that they were removed because of religious and ethnic bias. The airline says they were ejected solely because of security concerns raised by passengers and crew members.” In August, the imams dropped the most widely criticized portion of the suit, which had named as defendants fellow passengers who had expressed fears for the flight’s security. (Dan Browning, “Flying imams score points in suit vs. US Airways”, Arizona Republic/Minneapolis Star Tribune, Nov. 21; Audrey Hudson, “Judge grants imams day in court”, Washington Times, Nov. 22). See Dec. 6, 2006, Mar. 15, 2007, etc.
More from Ann Althouse (Nov. 21): “Yes, let’s get to the factfinding. No need to throw this out on a motion to dismiss when the plaintiff’s version of the facts must be taken as true.”
Wildfires and land management suits, cont’d
Controversy continues over the extent to which litigation has tended to obstruct brush and understory removal as well as post-blaze recovery efforts in the fire zones: Damien Schiff (Pacific Legal Foundation), “Misguided litigation magnifies wildfires”, San Francisco Chronicle, Nov. 5); John Berlau, “The Environmentalist Fires”, American Thinker, Oct. 29; BioStock blog, Oct. 5. The Sierra Club defends environmental litigation in this Oct. 23 statement. Last year the Society of American Foresters last year released a study entitled “Forest Service Land Management Litigation 1989-2002”, which is available at the Society site. Earlier: Oct. 24, etc.
UK: Law forbids dying while in house of Parliament
It was named the most absurd law in Great Britain, but there’s a certain logic behind it:
…the reason people are banned from dying in parliament is that it is a Royal palace.
Nigel Cawthorne, author of The Strange Laws of Old England, said: “Anyone who dies there is technically entitled to a state funeral.
“If they see you looking a bit sick they carry you out quickly.”
(Gary Cleland, “Don’t die in parliament, it’s the law”, Daily Telegraph, Nov. 6).
And for readers here in America, happy Thanksgiving, and see you after the holiday.
Post office requires releases to participate in Operation Santa
“Under the revised system, the post office will still hand out Santa letters to people who want to donate [gifts to needy local kids]. However, people who want to give must come to the Post Office at Federal Plaza, present a photo ID and sign a contract holding the U.S. Postal Service blameless, ‘…against any and all causes of action, claims, liens, rights or interests of any kind or type whatsoever…'” (Judy Peet, “‘Dear Santa’ letters come with legal catch”, Newark Star-Ledger, Nov. 19; BaristaNet, Nov. 20). More: Nov. 27.
“The Libel Tourist”
Eight-minute documentary short from Moving Picture Institute (“Indoctrinate U.”, etc.) examines a Saudi billionaire’s London defamation suit against American author Rachel Ehrenfeld, whose book Funding Evil (never published in the U.K.) had charged him with funding terrorism. (Sullum, Reason “Hit and Run”, Nov. 19). Earlier: Oct. 26, 2003, Jun. 11, 2007. Sheikh Khalid bin Mahfouz “has won so many defamation claims that he publishes an anthology of apologies on his website. … The sheikh denied being a libel tourist in England where he and his sons had for many years had substantial connections, including residences and a London-based oil company.” (Dominic Kennedy, “US writer fights gagging order on al-Qaeda claims”, Times Online (U.K.), Nov. 1).
Lactose intolerance class action
A lawsuit against milk producers over failure to warn buyers about the phenomenon gets poured down the drain by a three-judge panel of the D.C. Circuit (Howard Bashman, “D.C. Circuit Doesn’t Swallow Lactose-Intolerance Class Action”, Law.com, Nov. 19). Earlier: Sept. 9, 2006, etc.
Patents on tax avoidance strategies
Legislation on the Hill would ban them; sponsors include Sens. Max Baucus (D-Mont.), Chuck Grassley (R-Iowa) and Barack Obama (D-Ill.). (Paul Caron, Nov. 16, via Elefant; Dennis Crouch, Patently-O, Nov. 13). Earlier: Oct. 21, 2006.
Escorts are legit expense, Oz court told
Tas Sinadinos was fired by his employer in Australia after it found he had used a company credit card for “inappropriate and unacceptable” personal spending including thousands of dollars for escort services. He sued for unfair dismissal and argued that such expenses “could be considered entertainment” and that the need for “company” was “not dissimilar” to other expenses for a relocating executive such as fitting out a new apartment. An Industrial Court judge was not receptive, asking whether Sinadinos lived in the “real world”. (Jennifer Cooke, “Escorts a work expense, court told”, Sydney Morning Herald, Nov. 13) (via Stumblng Tumblr).