And other tales of playground litigation and the Consumer Product Safety Commission [Free-Range Kids]
Archive for May, 2011
“Clap On, Clap Off, Case Dismissed”
Kevin at Lowering the Bar recalls an unsuccessful product liability action by a plaintiff who “managed to injure herself when attempting to activate ‘The Clapper,’ the famous as-seen-on-TV device that promised to permanently eliminate that tiresome chore of actually crossing a room and operating a light switch.”
“Ex-Colts cheerleader sues team over nude body-paint photos”
“A former Indianapolis Colts cheerleader is suing the organization, claiming they discriminated against her when they fired her for posing in risqué photographs.” [Indianapolis Star]
A case of overcriminalization
Race car great Bobby Unser discusses his legal ordeal — after his snowmobile got lost in a blizzard, he was charged with having entered protected federal wilderness land — in this Heritage Foundation video [more]
Attorney sues many legal bloggers, ABA, Washington Post…
After being widely criticized for his handling of a criminal case, a lawyer is now suing his critics by the dozen, including a raft of leading law bloggers; the case is already being dubbed “Rakofsky v. Internet.” A list of the many defendants is here (PDF) courtesy of defendant Mark Bennett, who has also compiled a compendium of blog posts that discuss the new action. Among defendants and others talking back: Eric Turkewitz, Colin Samuels, Scott Greenfield, Avvo, Keith Lee.
May 20 roundup
- Interview with brewmaster of “Collaboration Not Litigation Ale” [Abnormal Use]
- New “public trust” theory emerges in climate change litigation [Sean Wajert, Jim Huffman]
- Who did the fact-checking? Questions over award to Harper’s journalist Scott Horton [Stimson, Heritage “Foundry”, my ’08 take]
- “Nightmare scenario for higher education”: copyright case against Georgia State seeks sweeping injunction [Duke University Libraries]
- “Vast wasteland” broadcast regulator: “Glenn Garvin scales and guts Newton Minow” [Miami Herald via @jackshafer]
- Teacher in suburban DC still devastated by false abuse charges [WaPo, Lanny Davis, David Bernstein]
- Sweetness and light: “Rising tide of litigation lifts [law] firms” [WSJ Law Blog]
Judge’s impartiality questioned in $322 million Mississippi jury verdict
“In a motion filed Tuesday, attorneys for Union Carbide said Circuit Judge Eddie H. Bowen neglected to notify defense lawyers that his parents had been involved in similar asbestos litigation and had settled a case against Union Carbide.” A rural Mississippi jury earlier this month returned the largest asbestos verdict in American history, $322 million, against Union Carbide and other defendants. [AP/Stamford Advocate; Jackson Clarion-Ledger] More problems with verdict: Point of Law.
“North Carolina’s Rare Burger Ban Makes Red Meat Illegal”
“From Winston-Salem to Nags Head, meat eaters are unable to order their burgers rare or even medium rare thanks to a state restriction that requires restaurants to cook ground beef to an internal temperature of 155 degrees Fahrenheit.” [Ben Muessig, AOL, related]
For Maryland’s guest teachers, an expensive lesson in labor rights
The U.S. Department of Labor ruled in April that Prince George’s County, Maryland, in suburban Washington, had violated federal labor law by failing to reimburse immigrant teachers for visa application fees. It fined the schools $1.7 million and also ordered them to pay $4.2 million in back pay to 1,044 teachers, most of whom come from the Philippines. “If that finding stands, the system will be unable to renew any three-year visas for its foreign employees.” Many teachers are distraught about the prospect of losing their jobs and green cards, which could happen as early as next month; Charisse Cabrera “said she would rather keep her job than recoup the back pay, about $4,000 per teacher.” [Washington Post, PhilStar.com]
“More risk of getting sued…”
Some Florida ob-gyns turn away seriously overweight patients, who face a greater risk of complications in pregnancy [Sun-Sentinel/Palm Beach Post] More: White Coat.