November 13 roundup

  • New law grads and others, come work for liberty at the Cato Institute’s legal associate program [Ilya Shapiro]
  • Lawsuit against United Nations seeks compensation for mass cholera outbreak in Haiti [Kristen Boon, Opinio Juris]
  • “Parents Sue Energy Drink After Girl’s Death” [NBC Washington; Hagerstown, Md.] “The New York Times Reveals That 18 Servings of an Energy Drink Might Be Excessive” [Jacob Sullum]
  • Claim: There is no explosion of patent litigation [Adam Mossoff, Truth on the Market, and further]
  • “After Inmates Sue for Dental Floss, Jailers Explain the Security Risk” [ABA Journal, earlier]
  • Court: First Amendment protects right of “The Bachelor” producers to consider contestants’ race [Volokh, earlier]
  • From Florida tobacco litigation to an, um, interesting higher-education startup [Inside Higher Ed, h/t Overlawyered commenter Jeff H.]


  • I see that one of the reasons the UN is fighting is that it doesn’t have the money. Since when has the ability of the defendant to pay been a consideration in an American court?


  • Re: the suit of Monster energy drink

    It is noted in the one article that “two 24-ounce cans of Monster Energy Drink contain 480 milligrams of caffeine, the equivalent of five eight-ounce cups of coffee.”

    This is what the girl drank in 24 hours.

    I routinely drink a half-dozen or more 8oz coffees between 8:00am and 5:00pm. Sometimes a couple of cups with dinner too.

  • Re Frank’s comment:

    Lets see, 2 x 24 ounces = 48 ounces of energy drink.
    5 x 8 ounces = 40 ounces of coffee.

    Same amount of caffeine in both.

    One can conclude (if those facts are correct) that energy drinks have a lower concentration of caffeine than coffee. Therefore, if energy drinks are dangerous (from OD-ing on caffeine) then coffee is, only more so. Hmmmm….I think I sense a new money making opportunity by suing a certain large coffee chain.

  • A bit odd the ABA cites Mythbusters, rather than the dozens of cases in which inmates have used floss, for cutting and cordage, to (at least partially) escape. It’s not a hypothetical concern.

  • […] Trial lawyers, FDA, New York Times continue hot on trail of caffeinated energy drinks [Jacob Sullum, Abnormal Use, earlier] […]