Archive for January, 2010

Annals of sports trademarks

Two Chicago grocery store chains, Jewel and Dominick’s, bought full-page ads in “a special commemorative issue of Sports Illustrated magazine dedicated to [Michael] Jordan and his career”. The ads saluted the Chicago Bulls great for his achievements. Jordan proceeded to sue them for trademark infringement. [Chicago Breaking Sports, Tactical IP via Legal Satyricon]

France makes “psychological violence” a crime

But only when it’s aimed at one’s spouse, according to the report. [BBC, Barbara Kay/National Post, Ann Althouse] For the active campaign in the U.S. to create rights to sue over “bullying”, psychological and otherwise, in workplace, school and other contexts, see this tag. Quebec has enacted a law to ban “psychological harassment” at work, explained in part here and here.

Utility not liable for rescuers’ emotional distress after explosion

Albuquerque Journal, last month: “After deliberating for less than four hours, a Roswell jury decided that El Paso Natural Gas Co. is not liable for the emotional distress firefighters and emergency personnel suffered while responding to a pipeline explosion that killed 12 people, many of them children, in 2000.” Two years ago the New Mexico Supreme Court had allowed the suit to proceed, chipping away at the “firefighter’s rule” which traditionally barred recovery by rescuers against those who caused the accidents to which they were responding.

January 5 roundup

  • Other motorist in fatal crash should have been detained after earlier traffic stop, says widow in suit against Kane County, Ill. sheriff’s office [Chicago Tribune]
  • Now with flashing graphic: recap of Demi Moore skinny-thigh Photoshop nastygram flap [Xeni Jardin, BoingBoing, Kennerly]
  • Blawg Review #245 is hosted by Charon QC;
  • Expensive, unproven, and soon on your insurance bill? State lawmakers mull mandate for autism therapy coverage [KY3.com, Springfield, Missouri]
  • “NBC airs segment on Ford settlement: Lawyers get $25 million, plaintiffs get a coupon” [NJLRA]
  • “Drawing on emotion”: high-profile patent plaintiff’s lawyer Niro writes book on how to win trials [Legal Blog Watch]
  • “Virginia Tech faces lawsuit over student’s suicide” [AP/WaPo]
  • Maryland lawmaker’s Howard-Dean-style candor: “you take care of your base… It’s labor and trial lawyers that get Democrats in office” [Wood, ShopFloor]

“Sewer service” alleged against New York debt collectors

The New York Times reports on allegations (earlier here, h/t Patrick) that some process servers falsely claimed to have served papers on defendants who subsequently lost default judgments. Per one law encyclopedia:

The tricks of serving process papers can, however, reach a point that the courts will not tolerate because they subvert the purpose of service or threaten to disrupt the administration of justice. The most intolerable abuse is called sewer service. It is not really service at all but is so named on the theory that the server tossed the papers into the sewer and did not attempt to deliver them to the proper party. Sewer service is a fraud on the court, and an attorney who knowingly participates in such a scheme can be disbarred.

Hospital emergency preparedness suits

Hurricane Katrina legal aftermath, cont’d: “About 200 lawsuits have been filed in Louisiana alleging that these institutions [hospitals and nursing homes] are liable for the deaths and for the suffering of other patients who survived because corporate failure to plan adequately for flooding and implement evacuation constituted negligence or medical malpractice.” [New York Times] (& welcome Above the Law, On the Record readers)