Archive for 2009

Horse injury suit will discourage charity programs

Work To Ride Inc. is a celebrated philanthropic program in Philadelphia’s Fairmount Park meant to give at-risk urban kids experience working with horses. Now a jury has awarded $2.36 million against the program to a boy whose jaw was broken when a horse kicked him in the face while being loaded into a trailer. There was some dispute over the circumstances:

Both the plaintiffs and defense papers said that [plaintiff] Williams hit the horse with a stick on the hindquarters and the horse kicked Williams in the face after being hit with the stick. But the plaintiffs said Williams was asked by [program employee] Shuler to use the stick on the horse’s hindquarters to get the horse to go onto the trailer. And the defense said that Williams hit the horse without any instruction from Shuler, Shuler commanded Williams to not hit the horse and Williams then hit the horse a second time in defiance of Shuler’s command.

The jury attributed 10 percent of the negligent responsibility to Williams, who was 12 at the time of the accident, and 90 percent to Work To Ride. Work To Ride’s insurance limit is $1 million, and plaintiffs are talking about going after its insurer, Lloyds, for the remainder on a bad faith theory. [Amaris Elliott-Engel, Legal Intelligencer]

By reader acclaim: school suspends Cub Scout over camping utensil

Annals of zero tolerance: in Newark, Delaware, 6-year-old Zachary Christie took “a camping utensil that can serve as a knife, fork and spoon to school. He was so excited about recently joining the Cub Scouts that he wanted to use it at lunch. School officials concluded that he had violated their zero-tolerance policy on weapons, and Zachary was suspended and now faces 45 days in the district’s reform school.” In other Delaware cases, a school district “expelled a seventh-grade girl who had used a utility knife to cut windows out of a paper house for a class project,” and “a third-grade girl was expelled for a year because her grandmother had sent a birthday cake to school, along with a knife to cut it.” [New York Times]

The policies do have their defenders: “‘There is no parent who wants to get a phone call where they hear that their child no longer has two good seeing eyes because there was a scuffle and someone pulled out a knife,’ said George Evans, the president of the Christina district’s school board. …Charles P. Ewing, a professor of law and psychology at the University at Buffalo Law School who has written about school safety issues, said he favored a strict zero-tolerance approach.” Blog reactions (some via Memeorandum): Sullum/Reason “Hit and Run”, Q and O, BoingBoing, Kate Harding/Salon “Broadsheet”, Below the Beltway, Tom Freeland/North Mississippi Commenter, Lowering the Bar.

P.S. He’s on the Today Show (via Skenazy). Scott Greenfield wants to call it a knife. After worldwide press attention and a large show of local support, the school board reversed its policy and allowed Zachary back (h/t comments). And now: “A 17-year-old Eagle Scout in upstate New York has been barred from stepping foot on school grounds for 20 days — for keeping a 2-inch pocketknife locked in a survival kit in his car.” [Fox News]

October 12 roundup

  • Speech-curbing proposals continue to get polite academic reception: NYU’s Jeremy Waldron, big advocate of laws to curb “hate speech”, delivered Holmes Lectures at Harvard this past week [HLS, schedule]
  • Lawsuit over collectible baseball hit into stands by Phillies’ Ryan Howard, his 200th career homer [Howard Wasserman, PrawfsBlawg; NJLRA]
  • Orchid-importer prosecution a poster case for the evils of overcriminalization? Maybe not [Ken at Popehat]
  • Texas State Fair and city of Dallas don’t have to allow evangelist to distribute religious tracts inside the fair, judge rules after three years [Dallas Observer blog]
  • Drug maker: FDA’s curbs on truthful promotion of off-label uses impair our First Amendment speech rights [Beck and Herrmann and more, Point of Law and more]
  • Did plaintiff Eolas Technologies go to unusual lengths to ensure Eastern District of Texas venue for its patent litigation? [Joe Mullin, IP Law and Business via Alison Frankel, AmLaw]
  • Update: “Lesbian Denied Infertility Treatment Settles Lawsuit” [San Diego 6, earlier]
  • Even in the Ninth Circuit, “psychological injury resulting from a legitimate personnel action” is not compensable [Volokh]

“Congresswoman: Tort reform to be a part of final health care bill”

Or at least something traveling under that name, if Rep. Doris Matsui (D-Calif.) is right. [Legal NewsLine] More: “CBO: Tort reform would reduce deficit by $54 billion” [Ed Morrissey/Hot Air] Liability insurance premiums in Georgia fell by 18% after state capped noneconomic damages [American Medical News]

“Defamation of the legal profession”

Following the filing of a defamation action in the Indian courts, Bollywood* producers agreed to apologize and remove scenes from a Tamil-language movie that the lawyer-plaintiffs had decried as “opprobrious visual artistic work designed against lawyers and the legal profession” [Times of India and IndiaGlitz via Stephanie West Allen, Idealawg and Robert Ambrogi, LegalBlog Watch; “Sivakasi“]

* Or in this case more accurately “Kollywood” — see comments.

New York City cracks down on bake sales in schools

The new regulations have home-made cherry pie white backgrounddrawn considerable negative comment from New York Times readers, and cartoonist/commentator Roz Chast doesn’t seem to hold them in very high regard either.

Only indirectly related — but also pointing up the unlikelihood of getting anything particularly tasty to eat in a Gotham public school environment Raw chicken drumsticks— it seems that raw meat is not allowed in NYC school cafeteria kitchens, because it “poses too much of a food-handling challenge” [NYT again]