Archive for April, 2008

How trial lawyers made American pedestrians less safe

Michael Lewyn writes:

In recent decades, American state and local highway officials have built wide streets and roads designed primarily to accommodate high-speed automobile traffic. However, such high-speed streets are more dangerous for pedestrians and bicyclists than streets with slower traffic, and thus fail to adequately accommodate nondrivers. Government officials design streets for high-speed traffic partially because of their fear of tort liability. An influential street engineering manual, the American Association of State Highway and Transportation Officials’ Green Book, has generally favored the construction of such high-speed streets, and transportation planners fear that if they fail to follow the Green Book’s recommendations, they are more likely to be held negligent if a speeding driver is injured on a street designed for relatively slow traffic.

Changes in the Green Book may ameliorate such design considerations in the future.

April 2 roundup

  • Judge expresses surprise at how many law firms want in on fees in Visa/MasterCard issuer settlement [NYSun]
  • Mississippi bill would require a lawyer’s presence at real estate escrow closings; so rude to cite the profession’s self-interest as a factor [Clarion-Ledger]
  • Following Coughlin Stoia’s lead, Mark Lanier announces he’s expanding into intellectual property litigation [The Recorder]
  • Maryland legislation would require state-aided colleges and universities to report on what they’re doing to advance “cultural diversity” [Examiner via Bader/Open Market]
  • New era at UK pubs? Under new directive, “employers will risk being sued if a bar worker or waitress complains of being called ‘love’ or ‘darling’, or if staff overhear customers telling sexist jokes.” [Daily Mail]
  • ACLU just sued city of San Diego and snagged $900K in legal fees, but that’s no impediment to the city’s council’s enacting a special day of tribute to the group [House of Eratosthenes]
  • George Wallace, who’s guestblogged here, hosts twin editions of Blawg Review #153 at his blogs Declarations & Exclusions and A Fool in the Forest, on piratical and Punchinello themes;
  • Obama won’t support lowering drinking age [Newsweek]
  • Such a shame for entrepreneurial plaintiffs, post-Proposition 64 if you want to sue a California business you might actually need to have been injured [CalBizLit]
  • Time mag appeals $100 million Suharto libel ruling [IHT]
  • Hey, no fair enforcing that fine print disclaiming liability for sweepstakes misprints [three years ago on Overlawyered]

Miami archdiocese liable for students’ at-home drinking party

A jury held Archbishop Coleman Carroll High School liable for $14 million on the theory that its officials knew of an underage drinking party to be held at the home of two students, but did not notify authorities. Two of the drunken revelers sped off into a single-car accident in which one was killed. (Adam H. Beasley, “School found negligent in booze party crash”, Miami Herald, Mar. 31).

State AGs vs. JuicyCampus.com

As an online phenomenon, JuicyCampus.com sounds more than a little familiar to those who followed the AutoAdmit/XOXOXTH controversy: message boards open to bathroom-graffiti anonymous posts about named fellow students. The difference this time is that the attorneys general of New Jersey and Connecticut have jumped in with legal action apparently premised on the unusual, and expansible, legal theory that the site violates consumer fraud statutes by not enforcing its own announced ground rules on posting, or at least principles that it “suggests” it will follow. (ABA Journal and again; Volokh).