Does this mean we’re not even supposed to sue about them? (“10 Things to Scratch From Your Worry List”, New York Times, Jul. 29).
Archive for July, 2008
Update: “My newspaper’s getting mediocre” suit
Durham, N.C. lawyer Keith Hempstead says he’s dropping his suit against the Raleigh News & Observer (Jul. 14, Jul. 20), the one that charged that the paper’s quality had gone downhill because of staff cuts. Hempstead said his point had been made by the wide publicity accorded the lawsuit, during which he was interviewed by many major news organizations. (Leah Friedman, “Subscriber drops suit against The N&O”, N&O, Jul. 28). A nameless WSJ law blog commenter takes the view that announcing this rationale for dropping the suit sets up a “prima facie” counterclaim of abuse of process, should the newspaper choose to pursue one. Does it?
Guestblogging opportunities
August is traditionally a prime month for guestblogging opportunities at Overlawyered (as likewise at my other blog, Point of Law) and this year is no exception. One outstanding new volunteer has already stepped forward and will be joining us, but that leaves room for several more. It’s a short commitment (just a week or two) and makes a great way to try out blogging if you’ve never had a go at it, or interest a new set of readers in your blog if you’ve got one already. As always, past guestbloggers and hopeful newcomers are equally welcome to drop me a line: editor – [at] – thisdomainname.com.
Fla. lawyer: I’ve got every right to call judge an “evil, unfair witch”
Fort Lauderdale, Fla., criminal defense attorney Sean Conway claims he was within his First Amendment rights and should not face disciplinary action over his blog comments calling one of the judges he practices before an “evil, unfair witch” who is “seemingly mentally ill”. (Jordana Mishory, “Attorney Argues His ‘Witch’ Comments About Judge Are Protected Speech”, Daily Business Review, Jul. 16; earlier). To me, this seems rather to miss the point: sure, almost everyone but a member of the local bar enjoys or should enjoy a First Amendment right to call a judge an evil, unfair witch. Lawyers admitted to practice, however, enlist as “officers of the court” with special obligations, among which may be (to name only one) to avoid the sorts of displays of enmity that might complicate future cases before that judge, as by provoking recusal. For an extreme instance, see the Geoffrey Fieger episode recounted here, here, here, and here. More on what lawyers can say about judges from Bruce Campbell (Campbell & Chadwick) at Texas Lawyer.
Playground safety mats
New York City has spent large sums installing black rubber safety mats beneath the equipment on its 1,000 playgrounds, but the mats get hot in the summer, and some kids are suffering burns which have resulted in lawsuits. It would cost $100 million to replace the mats, and it’s not clear with what, since loose pea gravel or wood shavings might harbor discarded syringes and the like. The founder of a group called NYC Park Advocates has the perfect cost-and-convenience-no-object answer: “Playgrounds should be designed with canopies.” And: “The city should be pressuring the manufacturers to come up with a solution.” Or the kids could wear shoes. (Sewell Chan, New York Times “City Room”, Jul. 21).
Pro bono Guantanamo detainee efforts
Apparently not quite so pro bono as all that, reports the Washington Times: a Kuwait-based group backed by the government of that wealthy Arab state has kicked in nearly $4 million to the legal effort. Firms receiving Kuwaiti funds include Shearman & Sterling, Arnold & Porter and Pillsbury Winthrop. “The Kuwait-based group also has financed a public relations campaign run by Levick Strategic Communications in Washington” toward the goal of “due process for the detainees held at Guantanamo Bay”. (Jim McElhatton, “Kuwait helps pay detainees’ legal bills”, Jul. 25)(via Elefant).
“Got breastmilk?”
Selling a dozen or two t-shirts and onesies with that slogan was enough to get Alaska artist Barbara Holmes a cease and desist letter from the milk marketing people (the supermarket cow kind of milk). Holmes explains that the commodities underlying the two slogans are unlikely to be confused with each other in the marketplace: “They’re two different kind of jugs.” (Elefant, Legal Blog Watch, Jul. 25; Roger Shuy, Language Log, Jul. 28). More: David Giacalone, who also has some very kind words for us toward the end.
eBay and counterfeits, cont’d
Now it’s software makers talking about suing the auction provider for not doing more to police the sale of pirated copies. In contrast to the unsuccessful action by Tiffany ruled on earlier this month, such a suit might rely on copyright as opposed to trademark law. (Holly Jackson, “Software makers threaten to sue eBay over counterfeits”, CNet, Jul. 25).
Meanwhile, Roger Parloff at Fortune checked and found eBay was not exactly complying with that very sweeping court injunction obtained by luxury goods maker LVMH (Louis Vuitton Moët Hennessy) which required the removal of relevant auctions not only on ebay.fr but on the American site and other affiliates if persons in France are able to access those sites. (Jul. 16).
Debt reduction lawyers
David Giacalone provides extensive reason to question what strapped consumers are getting in exchange for the high fees many such attorneys charge (Jul. 21; see also Greenfield, Jul. 22, and ZipDebt, Jul. 25, via, Greenfield again, Blawg Review #170).
Flax v. Chrysler, one more thought
As Michael Krauss notes, an AP story today rehashes the details of last week’s Flax v. Chrysler case, though it falsely treats Paul Sheridan as a credible witness and doesn’t acknowledge most of Chrysler’s arguments.
It’s worth noting the Jim Butler firm’s description of the case:
The evidence showed the impact was minor. Though Stockell was speeding at the time, the minivan was also moving forward and the change in velocity (Delta V) was only 17 to 20 mph.
To repeat: the plaintiffs’ attorney said that a Delta-V of 17-20 mph is “minor.” I suppose in the astronomical sense that a Delta-V of 17-20 mph wouldn’t escape earth orbit, but it seems fairly major for someone in a heavy minivan. For those of you at home who want to experience what a “minor” Delta-V collision of “only” 17-20 mph feels like, drive into a reinforced brick wall at 17-20 mph with your airbag turned off, but be sure to wear your seat-belt to reduce the chance that you go through your windshield. Another way you can have a Delta-V of 20 mph is if you are dropped about 12-15 feet onto a concrete surface. I sure hope that the trial judge didn’t let Butler lie about physics to the jury like that, but I fear I know the answer.