Archive for June, 2010

June 24 roundup

  • “IP Lawyer Who Spotted Expired Patent on Solo Cup Lid Loses Quest for Trillions in Damages” [ABA Journal, earlier on “false markings” suits here, here, etc.]
  • Like we’re surprised: Linda Greenhouse favors sentimental (“Poor Joshua!”) side in 1989 DeShaney case and hopes Elena Kagan does too [NYT Opinionator, my take a few years back]
  • Why is Le Monde in financial trouble? For one thing, firing a printing plant employee costs €466,000 [Frédéric Filloux, Monday Note via MargRev]
  • “Will these salt peddlers stop at nothing?” Michael Kinsley on NYT sodium-as-next-tobacco coverage [Atlantic Wire]
  • “‘Victim’ Gets $4.17 Coupon, Lawyers Get $10 Million Cash”: Expedia class action settlement [John Frith, California Civil Justice Blog]
  • Scruggs investigation finally over as feds drop probe of political operative P.L. Blake; several figures in Mississippi scandal are up for release soon from prison [Jackson Clarion Ledger]
  • $20 billion Gulf spill fund: “Oil Gushes and Power Rushes” [Sullum, Althouse]
  • “NYC Naked Cowboy to Naked Cowgirl: Stop copying me” [AP]

NYC: court tosses track totterer’s $2.3 million award

A New York appeals court has tossed a jury’s $2.3 million award to a man who fell onto the Union Square subway tracks and lost his leg. The court focused on the jury’s acceptance of what it said was speculative testimony from experts arguing that the train’s motorman should have stopped faster. The victim “said he was too drunk to remember how he ended up on the tracks or anything about the accident.” [AP/WINS, New York Post, Dibble v. NYCTA, earlier, and compare $6 million track totterer award last year] More: John Hochfelder.

New oil spill panel director: plaintiffs only, please?

Georgetown law professor Richard Lazarus has been named executive director of the Obama administration’s new commission on the Gulf oil spill. In 2007 Prof. Lazarus was reported to be among participants in the rather grandly named “National Legal Scholars Law Firm“, which “provides its services solely for the benefit of plaintiffs’ lawyers,” though he is not longer named on its scholar list.

“McDonald’s faces lawsuit over Happy Meals”

The horrible Center for Science in the Public Interest says it will sue unless the fast-food giant takes toys out of its meal packages. [L.A. Times] Earlier here (Santa Clara County votes to ban). More: Cal Biz Lit (predicting that CSPI faces “darned near impossible burden” proving injury in fact/loss of money or property in its claims under California’s s. 17200 statute), When Falls the Coliseum (via Gillespie). Two views from Britain: Daily Mail (CSPI’s creepy imagery); Zoe Williams/Guardian.

June 23 roundup

  • Judge blocks sweeping Obama administration ban on new offshore drilling [Roger Pilon, Cato] Some reasons judge may have found ban irrational [Lowry, NRO, scroll to reader comment; Gus Lubin, Business Insider] More on Jones Act waivers in the Gulf [Bainbridge, earlier]
  • Connecticut AG Blumenthal launches investigation of Google Street View [Rick Green, Courant]
  • Florida judge tosses out $10 million libel verdict against St. Petersburg Times [St. P.T.]
  • Lawyer in British Columbia suspends practice after bizarre jury tampering charges [CBC]
  • “Disclosed to death”: why laws mandating disclosure are so overused and overbroad [Falkenberg, Forbes on work of Omri Ben-Shahar and Carl E. Schneider, via PoL]
  • Judge dismisses controversial Pennsylvania case against Johnson & Johnson over Risperdal marketing, Gov. Rendell had hired major donor to run suit on contingency [LNL, McDonald/NJLRA, earlier]
  • Rick Hills vs. Ilya Somin on federalism and constitutional enforcement of property rights [Prawfsblawg, Volokh]
  • Beware proposed expansion of Federal Trade Commission powers [Wood, ShopFloor]