Archive for July, 2008

Slips while dancing on bar, complaint cites lack of handrail

Complainant Rory Beer — yes, her real name, though she used to be known as Rory Roberts — was dancing on the bar at Bar Chicago, a Division Street nightspot, when she fell off, with what her suit says are permanent injuries to her foot and ankle. “The lawsuit claims that Bar Chicago encourages patrons to dance on the bar, but doesn’t warn people of slippery surfaces or provide handrails, ‘cushioned flooring’ or ‘safety nets.'” (Mark J. Konkol, “Dancer slips, now she wants bar to pay”, Chicago Sun-Times, Jul. 1; Chicagoist). We covered another bar-wasn’t-safe-for-her-to-dance-on suit, also from Illinois, last year.

Breaking: Rhode Island lead paint decision overturned

So AP reports. More details as they become available.

9:43: AP/Boston Globe reports a dramatic rejection of public-nuisance theory, holding the case should’ve been dismissed years ago. Good news that. The Rhode Island Supreme Court decision was unanimous.

5:00: Here is the opinion itself. James Beck has the most comprehensive analysis of the opinion so far; Walter gives thorough background at Point of Law as well as a roundup of other links. The defendants and NAM have released statements; Motley Rice claims they were doing it for the children, which doesn’t explain their self-serving settlement with DuPont or why they asked for a highly inefficient remediation remedy that would have maximized their attorneys’ fees.

Also: Jonathan Turley (who I just learned has a year-old blog with over a thousand posts), who, to his credit, has opposed such lawsuits; OpenMarket; Jane Genova; Publius. Attorney General Patrick Lynch is unhappy about the legal setback to his campaign contributors constituents.

Existing abatement efforts already required of landlords under Rhode Island law mean that lead paint exposure is at an all-time low in the state–evidence that was excluded at trial.

And more: ShopFloor; NFIB.

Overlawyered’s ninth anniversary

Without our loyal audience we wouldn’t have made it through nine years — and wide acclaim as the oldest legal blog, as well as one of the most popular. In yesterday’s thread, reader Greg Dwyer says he has “read every single post on this site” (I’m impressed) while reader M.T. Glass discovered this blog (a word that didn’t exist then, if memory serves) when it was less than two months old.

Partly in consequence of our popular WordPress redesign we’ve also been setting new traffic records, regularly surpassing 9,000 and often hitting 10,000 unique daily visitors. Thanks for your support! (& welcome Above the Law, National Arbitration Forum, Law Crossing, Point of Law readers).