Comments on: Update: N.M. court rejects suit against neighbor’s use of electronic devices

By: Counting the costs of the New Mexico wi-fi suit - Overlawyered

Counting the costs of the New Mexico wi-fi suit - Overlawyered — Tue, 31 Mar 2015 10:30:03 +0000

[…] posted earlier about a court’s dismissal after five years of the suit by Santa Fe, N.M. resident Arthur […]

By: Now THIS Is An Unethical Lawsuit! | Ethics Alarms

Now THIS Is An Unethical Lawsuit! | Ethics Alarms — Wed, 25 Mar 2015 12:26:03 +0000

[…] Overlawyered, New York […]

By: SPO

SPO — Tue, 24 Mar 2015 12:50:43 +0000

In reply to Bill Poser.

Bill, I don’t think that I said that there are no conceivable actions that could be restricted. These are crazy restrictions that the judicial system should have rejected out of hand. You buy a house, and you have to spend thousands because some kook doesn’t want you to use your cellphone. The judges who tolerate this nonsense should be absolutely ashamed of themselves and ashamed about what the legal system has become.

As for your peanut hypo, I think we need to think about whether we want the courts (i.e., the government) refereeing such things. And do we really want normal people enjoying their homes in a normal way subjected to catastrophic damage claims? The instant case shows, unequivocally, that judges simply should not have the power to be that intrusive.

By: Benjamin

Benjamin — Tue, 24 Mar 2015 12:35:52 +0000

in this case, it would have been better for her to agree and take the $10000. Since this is a fake disease, there would be no way for him to tell that she was talking on the phone or using the computer.

It is still a stupid case that should not have been litigated and a case for loser pays.

By: Boblipton

Boblipton — Tue, 24 Mar 2015 00:49:00 +0000

I see the New York TIMES has weighed in on this.

http://www.nytimes.com/2015/03/24/science/when-science-is-lost-in-a-legal-maze.html?hp&action=click&pgtype=Homepage&module=mini-moth&region=top-stories-below&WT.nav=top-stories-below

Bob

By: mojo

mojo — Mon, 23 Mar 2015 23:40:29 +0000

I’d be tempted to put a bunch of antennas – yagis, parabolics, what have you – up on my roof, pointed his way. Wouldn’t hook them up to anything, just wondering if the mere sight of all that increases his “EMS” problems.

My bet’s on “yes”…

By: Robert

Robert — Mon, 23 Mar 2015 19:56:31 +0000

There were similar cases regarding people with real or imagined “nut” allergies trying to force neighbors to remove “nut” trees

http://www.freerangekids.com/mom-of-nut-allergic-teens-asks-school-to-remove-oak-trees/

By: TomPaine3

TomPaine3 — Mon, 23 Mar 2015 18:08:30 +0000

Better Call Saul … also in New Mexico.

what _is_ going on there?

By: Bill Poser

Bill Poser — Mon, 23 Mar 2015 17:35:37 +0000

In reply to SPO. What is the law of New Mexico in regard to nuisance? I don't think that it is true in general that there are no restrictions on the quiet enjoyment of one's home if it impinges on the well-being of a neighbor, but I don't know what exactly the law is in New Mexico. Suppose that the defendant had engaged in an activity that really did, provably, make the defendant sick. Suppose, for example, that the plaintiff had a peanut allergy and that the defendant cooked extensively with peanuts whose fumes reached the plaintiff's house and made him sick.

By: Shtetl G

Shtetl G — Mon, 23 Mar 2015 17:14:32 +0000

There is a town in West Virginia that would be perfect for Mr. Firstenburg:

https://www.yahoo.com/travel/s/the-west-virginia-town-where-wireless-signals-are-illegal-191901444.html