The trademark case between artist Daniel Moore and the University of Alabama, over his paintings of Crimson Tide athletics without permission from the university’s licensing operation, has reached the Eleventh Circuit. [Ben Flanagan, Al.com; earlier]
Archive for February, 2012
Liability-proof your Mardi Gras parade watch party
Among ways to add to the festive atmosphere: sign-in and sign-out sheets, monitors hired to look out for slip-inducing bead spills, and rules against letting supervisors or employees pour drinks. [Melissa Landry, The Hay Ride] Earlier on Mardi Gras liability here (tossed coconuts), here (floats), here (King cake figurine), and here (flasher’s-remorse cases.
“The problem with suing Apple”
Belated and unsatisfactory lawsuit “relief”? Nothing especially Applelicious about that; it’s more a matter of joining the class-action crowd. [Rebecca Greenfield, Atlantic Wire] More: Ted Frank, Point of Law (who represents objector Marie Gryphon in the case).
N.J.: town “official bemoans $12K in paperwork to remove tree from creek”
New Jersey: “The state Department of Environmental Protection requires permits and engineering work totaling $12,000 before the township can pull a tree out of a creek near Pittstown, Committeeman Scott Bauman told the Township Committee on Feb. 9.” The tree fell on private property and is causing a drainage problem by obstructing the creek. [Hunterdon County Democrat]
Disabled rights roundup
- ADA mills continue to extract money from California small businesses with no legislative relief in sight [Auburn Journal, Andrew Ross/S.F. Chronicle, KABC (James Farkus Cohan), WTSP (Squeeze Inn owner speaks out), CJAC (Lungren proposal) and more, Chamber (San Francisco coffee shop’s woes, auto-plays video)] Profile of attorney Thomas Frankovich [California Lawyer];
- EEOC sues employer for turning away job applicant on methadone program [Jon Hyman]
- “Maryland high court: allergy is disability requiring accommodation” [PoL]
- “Suits could force L.A. to spend huge sums on sidewalk repair” [Los Angeles Times]
- Under gun from Department of Justice and SCOTUS Olmstead ruling, Virginia and other states agree to massive overhaul of services for developmentally disabled; not all families, though, are happy with the insistence on relocating residents of large facilities to smaller “community” settings [Richmond Times-Dispatch, McDonnell press release, Norfolk Virginian-Pilot, Staunton News-Leader]
- “New Case from W.D. Tex. Shows Effect of ADAAA on Back Injury Claims” [Disability Law]
- Lawyer leads effort to give disabled passengers wider rights to sue airlines [Toledo Free Press]
“Suit by Law Student Claims Her School Negligently Admitted Her”
“A law student in Tennessee with $80,000 in education debt claims in a suit filed this week that her school should not have admitted her.” [Debra Cassens Weiss, ABA Journal]
Great moments in foreseeable misuse
Cybex International, a manufacturer of exercise equipment, has agreed to pay $19.5 million to a Buffalo-area woman “who was injured by a piece of Cybex equipment when she improperly used a leg machine to stretch her shoulder.” A jury had awarded $66 million and a New York appellate court upheld the verdict, while reducing the sum to $44 million. [Lawsuit Reform Alliance of New York; Lintoid/Seeking Alpha and more; Sporting Goods Manufacturers Association]
Frontiers of client-chasing, U.K. edition
A no-win, no-fee outfit in Liverpool “is offering customers an iPad 2 if they make a personal injury claim.” [Daily Mail]
Feds sue housing co-op for not allowing “comfort dog”
In 2005 Jack and Sandra Biegel purchased a unit in Long Island’s Woodbury Gardens, which had a no-pet policy. The next year they acquired a miniature schnauzer to assist with Sandra’s multiple ailments, which included depression and strained breathing. She died the next year. Now the federal government is taking Jack’s side against the co-op in its effort to enforce its rules. [NY Daily News]
February 19 roundup
- Self-service arrangement: Pennsylvania judge charged with fixing her own parking tickets [Lancaster Online]
- Economist cover story: “Over-regulated America“. Obama hesitant about heavy-handed regulation? Really? [Veronique de Rugy, NRO]
- Argument for letting money market funds “break the buck” without federal backstop [David Henderson, EconLog]
- Suing apps makers? “Entertainment Lawyers Go Wild for ‘Secondary’ Copyright Lawsuits” [WSJ Law Blog] SWAT raid on Kiwi copyright scofflaw? [Balko] Despite its editor’s views, NYT finds it hard to avoid breaching copyright laws itself [Carly Carioli, Boston Phoenix] “Contempt Sanctions Imposed on Copyright Troll Evan Stone” [Paul Alan Levy] More: “obscene materials can’t be copyrighted” offered as defense in illegal download case [Kerr]
- Tenure terror: “Teacher in Los Angeles molest case reportedly paid $40G to drop appeal of firing” [AP]
- FDA rejects lead-in-lipstick scare campaign [ACSH vs. Environmental Working Group]
- A horror story of eyewitness I.D. [claim of DNA exoneration in Va. rape case; AP via Scott Greenfield]