“State Senator Jim Alesi fell off a ladder and broke his leg at someone else’s unfinished home three years ago – and now he’s blaming the homeowners for his injury. Alesi is also suing the home builder, Louis DiRisio.” Alesi has said he was checking out the development and didn’t realize the house in question, which he entered through an unlocked basement door, had already been sold to owners. The homeowners’ right to sue Alesi for trespassing has now expired under the statute of limitations, and they may be rethinking their decision not to press charges at the time. [WHAM, WHEC, Rochester Democrat & Chronicle] Update: he drops suit.
Archive for January, 2011
Canadian court: alcoholism following accident is compensable injury
After a pedestrian was hit by a truck and suffered a broken elbow and other injuries, he began to drink excessively and developed clinical alcoholism with serious health consequences. Doctors testified that the man’s “pain and mood” following the injury contributed to this development, in combination with genetic predisposition (both his parents were alcoholics). A judge in the province of British Columbia found that the “alcohol abuse was caused by the Accident and that such alcohol abuse was reasonably foreseeable,” so that compensation for it could be recovered as part of the lawsuit. [BC Injury Law]
February 10 deadline for CPSIA testing rules
Already postponed in their effect more than once, the testing rules required by the 2008 law are still impractical enough to threaten widespread business disruptions and closures. While the Consumer Product Safety 
Commission has come to agree that the law does not require endlessly reduplicative testing of the same components, “the hoped-for market for ‘CPSIA tested and certified’ components has not yet developed.” CPSC needs to extend the deadline while awaiting a more workable regulatory fix or better yet Congressional reconsideration. Carter Wood explains.
More: on the brighter side, the newly constituted House Energy and Commerce committee was quick out of the gate with a public meeting on CPSIA reform [Rick Woldenberg, statement, reminder of unhelpful role of “consumer” groups] And Wacky Hermit offers a CPSIA Primer.
PUBLIC DOMAIN IMAGE from Elise Bake, Der Ball Der Tiere (“The Animals’ Ball”, German, 1891), courtesy ChildrensLibrary.org.
“Yes, you should be fired for that Facebook post”
Suzanne Lucas takes a position that may be unpopular but, as I argue at Cato at Liberty, has much logic to it.
Patent parade: “Twitter Gets Sued For Letting Famous People Interact Online”
A “company called VS Technologies is suing Twitter, alleging that it infringes on a patent of theirs, entitled ‘Method and system for creating an interactive virtual community of famous people’.” [TechCrunch]
“First lady, Wal-Mart reach pact on nutrition”
It’s disturbing to think of the federal government’s pressuring and jawboning a private business to reformulate perfectly lawful products, cut prices on some lines of goods, and so forth. In this case, however, as I told the Washington Times, there’s reason to think the nation’s largest retailer might have wanted to proceed with a “healthy-eating” remake anyway, and this way it can get Michelle Obama’s valuable endorsement with all the attendant publicity. Bonus: Ms. Obama has now vocally backed the idea of opening Wal-Marts in more “underserved areas” such as urban neighborhoods without full-line supermarkets; in the past union and local-merchant opposition has often stymied Wal-Mart’s wish to enter such neighborhoods.
P.S. Coincident news story: creepy pro-union group pickets home of developer who hopes to bring Wal-Mart to the District of Columbia. And Ira Stoll has covered the sometimes-exaggerated extent of “food deserts”.
Texting Fountain Lady considers lawsuit
After a video went viral showing a distracted shopper walking into a mall fountain, it’s not clear that much of anyone would have known that the blurry figure was Ms. Marrero. They know now, though, as her lawyer talks about holding someone “responsible” for the less-than-professional reaction of security, which included laughing and not going up to her to confirm that she wasn’t hurt. [Mediaite, Balasubramani, Salon, Popehat, MSNBC “Technolog”, Mystal]
Suit: quality complaint over escort resulted in trauma
A college student is suing a stripper-referral service, saying the assigned dancer engaged in an illegal act of prostitution with him but did not stay the full hour as promised. Proceeding pro se without a lawyer, the student “said he now needs medical treatment for a mental condition related to the incident.” When he complained to Las Vegas police about the incident, he says, they threatened to arrest him. He “said he also told the company he was incapable of making an informed agreement with the stripper because he was drunk at the time.” [Las Vegas Sun]
January 21 roundup
- More commentary on Obama regulatory initiative [Federal News Radio with quotes from Cass Sunstein, Diana Furchtgott-Roth, Steven Malanga, David Harsanyi, Carter Wood/ShopFloor, Iain Murray, Lammi/WLF, earlier]
- Corporate governance buffs will want to check out new Proxy Monitor website from Manhattan Institute which includes a database of shareholder resolution activity at the 100 largest public companies [Jim Copland/Point of Law (some early empirical findings), Bainbridge (“This is going to be a great resource for anyone interested in shareholder activism”), ShopFloor]
- Lawyer solicits subway blizzard strandees. OK under NY rules? [Turkewitz]
- California reform ideas: “A Modest Proposal For Fixing Proposition 65” [Cal Biz Lit] “A Better Consumer Legal Remedies Act” [same]
- Proposed criminal prohibition on doctors’ questioning patients about guns “would violate the First Amendment, as well as just being a lousy idea” [Volokh]
- Oldest federal bench ever — and the problems that can cause [Joseph Goldstein, Slate]
- Attention “payday lending” critics: “Lawsuit Loans Add New Risk for the Injured” [NY Times, Kenneth Anderson, California Civil Justice; defenses of champerty/litigation finance from Larry Ribstein and Stephen Gillers]
- Wisconsin student sues unsuccessfully over summer homework requirement for pre-calculus class [six years ago on Overlawyered]
Comcast-NBC merger conditions
Attaching strings to its permission gives the Federal Communications Commission a way to fund social programs Congress would never, ever pass [Stoll, Future of Capitalism] More: Josh Wright, TotM, Mickey Kaus (“backdoor bilingualism”).