San Francisco Chronicle columnist Debra Saunders discusses the large settlement paid by Santa Clara County to the family of Andrew Martinez, who suffered from schizophrenia and became famous as Berkeley’s “Naked Guy” before taking his own life in jail. She quotes me on the terrorizing effect of suing public managers individually and on the way outside direction of public agencies by litigators often (as consent decrees, court orders and legal avoidance layer one atop another) can add up to “management by no one at all.” [Debra Saunders, “A naked million”, San Francisco Chronicle, May 24].
Archive for May, 2009
Jonathan Lee Riches sues Guinness Book of World Records
The notoriously litigious inmate has sued the records book for calling him the world’s most litigious guy; he also “objects to the names Guinness intends to call him”, including: “Johnny Sue-nami,” “Sue-per-man” and the “Patrick Ewing of suing.” He is currently an inmate at a federal facility in Kentucky. [Spokane Spokesman-Review, KOMO] (& welcome ABA Journal readers).
May 24 roundup
- Souter’s middle-of-the-road views on litigation didn’t fit conventional patterns [Copland, PoL]
- Champerty and maintenance watch: new fund invests in commercial litigation for a share of the payouts [Fortune mag via Zywicki]
- Report: distributor of “Religulous” film “has served a written settlement proposal” to preacher depicted onscreen [OnPoint News, earlier]
- U.K.: “Homeowner Suit May Stop Village Cricket” [Telegraph via Never Yet Melted]
- Overlawyered sparks a discussion across usual lines on EMTALA, the federal law on emergency medicine [Kennerly]
- Federal Circuit: think twice before proceeding with frivolous appeals [David Bennett, Law.com]
- Father-son duo who have served as key expert witnesses in litigation alleging autism-vaccine link push risky and questionable therapy for the condition [Chicago Tribune and second article and PDF graphic via Orac; Kathleen Seidel]. Waste and harm that go on in the name of treating autism should give pause to many sides in health care debate [Tyler Cowen]
- One “deadbeat dad’s” story [Amy Alkon]. Forthcoming Lifetime reality show sounds like it will showcase harassment of fathers in child support arrears [Fathers and Families via Instapundit]
“DWI for walking a bicycle”
[See important P.S./correction at end] No, this isn’t new, it’s a year old in fact, but I must have somehow overlooked Radley Balko’s account of it: Jeff Brown of Columbus, Ohio, was arrested and convicted for operating a vehicle under the influence after walking a bicycle across his own front lawn*, then refusing a breathalyzer test from a cop who said the bicycle was missing a required headlight and that Brown seemed impaired. Things could be worse, though: a Florida woman won dismissal of 2005 charges of operating her own wheelchair while intoxicated.
*Important P.S.: I should have caught this earlier (via Balko’s “Hit and Run” followup, h/t reader Nicolas Martin in comments) but the appellate court accepted a version of the facts that differs from Brown’s on key points [emphasis added]:
The record contains scant details of the underlying facts of this case, but it appears appellant was riding a bicycle on a sidewalk on December 18, 2004, when he was detained by a police officer.
Absent some indication that the appeals court erred, Brown’s doesn’t look like the case to cite in illustrating the farthest reaches of impaired-bicycle legislation.
Update: “100-Year Sentence For Dad Who Poisoned Kids”
William Cunningham of Stockbridge, Ga. “spiked his children’s soup with prescription drugs and lighter fluid in a plot to get money from Campbell’s Soup in 2006. They nearly died.” [WSB Atlanta; earlier here].
More: not the first time this crime has been committed.
Tales of sexual harassment prevention training
In which there are no real wieners
Sara Lee sues Kraft over its advertising claims regarding the taste of hot dogs.
“Beating the press in a globalized age”
More about international forum-shopping and libel tourism. [Edward Wasserman, Miami Herald/American Center for Democracy]
May 22 roundup
- Recruiting municipalities to sue: “Class-action lawyers target online travel sites” [Roger Parloff, Fortune, earlier]
- “New York press shield law would extend to bloggers (and define blogging)” [Turkewitz]
- Keep publishing that paper or else? Arizona Attorney General sues Gannett to make it keep Tucson Citizen alive [Legal NewsLine] More: Ken at Popehat has further thoughts on entanglement of government and press.
- Prediction if the feds bail out Sacramento: “bondholders will get 10 cents on the dollar, and the SEIU will be given 55% ownership of California.” [Coyote, Nick Gillespie/Reason]
- “Top Conservatives on Twitter” organizer takes critic to court [Citizen Media Law, Patrick @ Popehat]
- Louisiana woman sues Wal-Mart over unwanted in-store encounter with nutria (muskrat-like rodent) [Lowering the Bar, On Point News]
- Annals of zero tolerance: student expelled over eyebrow trimmer [KDKA, Pittsburgh, via Obscure Store]
- Program encourages Brits to report their neighbors to the cops if they seem to be living beyond their means [Radley Balko]
CPSIA and Violet’s Peapod
The testing requirements of the Consumer Product Safety Improvement Act are due to go into effect nine months from now, when the temporary stay expires. Here’s what they’ll do [AmendTheCPSIA.com] to the economics of one Bay Area designer who specializes in “100% natural, locally-made, completely adorable peapod-shaped baby sleep sacks”, a product line relatively well suited to absorb the costs of a testing program since the item sells for a fairly high price and doesn’t have many component parts:
If I were to have each batch of my current inventory tested by CPSC-approved third party, I would have to pay $57 per print and batch for 3rd party lead testing, and $278 per print & batch for phthalates, totaling $4,690 altogether. If I were to increase my price point based on cost increases to cover this 3rd party testing, I’d have to raise my price point by $19.14 each. My precious baby sleepsacks are barely selling at $53.95, so charging $73.09 each in these tough economic times would surely put me out of business.
[…Or I could instead produce] a single batch of sleepsacks (ONE PRINT). I’d then have it 3rd party tested for lead and phthalates, and increase the price point to $57.95. With an increased price point and only one style/print in my line, I could hardly remain competitive in the marketplace!