Author Archive

Claim: Rachael Ray food show scorned anorexic

Aaron Ferguson, who used to work as an accountant for the popular cooking show, says executives there made caustic comments about the skinny physique of the show’s executive in charge. These comments apparently wounded and offended Ferguson, who says that he himself suffers from the eating disorder anorexia. There’s a retaliation claim, too: Ferguson says that after he went to HR to complain, his boss began to treat him badly. (“Rachael Ray Employee Claims Anorexia Bias”, CBS/AP, Jul. 3; “Rachael’s Show Hates the Skinnies”, TMZ, Jul. 3)(via PopeHat).

July 3 roundup

  • Texas probate and estate lawyers seldom prosecuted when they steal funds, clients told they should just sue to get it back [Austin American-Statesman investigation]
  • About a third of the way down the center strip, then just a bit to the right, you’ll find us on this much-linked map of the campaign season’s most influential websites [Presidential Watch ’08]
  • Given the enormous liability exposure, would a doctor rationally want a major celebrity as a client? [Scalpel or Sword via KevinMD]
  • The loser-pays difference: Canadian franchisees pursue failed class-action claim against sandwich shop Quiznos, judge orders them to pay costs of more than C$200,000 [BizOp via ClassActionBlawg]
  • Annals of extreme incivility: judge condemns “heartless attack” at deposition on opposing lawyer’s pin honoring son killed in Iraq [Fulton County Daily Report]
  • You keep an open wi-fi connection at home and your neighbor uses it to download music improperly. Are you an infringer too? [Doctorow via Coleman]
  • As you’ve probably heard if you read blogs (but maybe not otherwise), one Canadian “human rights” tribunal has dropped action against Mark Steyn and Maclean’s; another still pursuing case [SteynOnline]
  • Prison-overcrowding lawsuit could lead to early release of 27,000 California inmates [TalkLeft]
  • “He absolutely would’ve gotten this DOJ job but for the anti-liberal bias … and he can’t land any other jobs?” [commenter KenVee on lawsuit over politicized Department of Justice Honors/Intern programs, Kerr @ Volokh, background]

Sun glare on the diamond? You might hear from our lawyer

Parents of a young pitcher at an American Legion baseball game were worried that the way the sun shone right toward the pitcher’s mound could hurt their son’s eyes. The next thing you know they were talking about a future lawsuit and the risk managers swung into action. The upshot is that Northwestern University, owner of Rocky Miller Park in Evanston, have told the teams that they can no longer play their home games at the park. Head coach Frank Consiglio said, “When it comes to the sun, you could say that about any ballpark in the country at any time. … It’s unfortunate that one person can ruin this.” (Dennis Mahoney, “Lawsuit threat forces NU to ban evening Legion games”, Pioneer Local, Jun. 26 via Chronicle of Higher Education and Pero)

War crimes trials? No thanks

Stuart Taylor agrees that the courts are right to rebuke some of the Bush administration’s aggressive war-powers claims, but that doesn’t make it anything other than a “deeply misguided” notion to try its leaders for supposed “war crimes”, let alone encourage other countries to snatch traveling U.S. ex-officials for trial there (“Our Leaders Are Not War Criminals”, National Journal, Jun. 28).

One of the most dedicated enthusiasts for such trials is attorney/controversialist Scott Horton, who writes at Harper’s and Balkinization and is an adjunct faculty member at Columbia Law School; after noticing how often Horton’s output seemed to be in need of fact-checking, I spent a few minutes just for the fun of it stringing together a sampling of such instances which appears here (scroll).

Sorry, we’re not going to raise your neighbors’ taxes

Attorney Steven Irwin of Monmouth County, N.J., whose specialty is tax appeals, is apparently not trying to win any neighborhood popularity contests: he argued to the county tax board that his neighbors weren’t paying their fair share and that their property taxes should be raised as much as fourfold. The board unanimously ruled against him without comment; an assessor had testified that a couple of the neighbors had carried out major improvements, but only after the official cut-off date for taking such improvements into account in the tax valuation. (Bob Jordan, “Man loses try to hike neighbors’ taxes”, Asbury Park Press, Jul. 2; “Belmar man loses bid to boost neighbors’ property taxes”, AP/Newark Star-Ledger, Jul. 2).

New/relocated Overlawyered Facebook page

Shortly after we set up the old Overlawyered.com group there, Facebook began its program of “Pages” for websites and organizations for which users could sign up as “Fans”. This has a number of advantages over the old group format, so if you’re on Facebook (or have been thinking of getting on), please do consider enlisting as a Fan at our new Overlawyered page there.

Slips while dancing on bar, complaint cites lack of handrail

Complainant Rory Beer — yes, her real name, though she used to be known as Rory Roberts — was dancing on the bar at Bar Chicago, a Division Street nightspot, when she fell off, with what her suit says are permanent injuries to her foot and ankle. “The lawsuit claims that Bar Chicago encourages patrons to dance on the bar, but doesn’t warn people of slippery surfaces or provide handrails, ‘cushioned flooring’ or ‘safety nets.'” (Mark J. Konkol, “Dancer slips, now she wants bar to pay”, Chicago Sun-Times, Jul. 1; Chicagoist). We covered another bar-wasn’t-safe-for-her-to-dance-on suit, also from Illinois, last year.

Overlawyered’s ninth anniversary

Without our loyal audience we wouldn’t have made it through nine years — and wide acclaim as the oldest legal blog, as well as one of the most popular. In yesterday’s thread, reader Greg Dwyer says he has “read every single post on this site” (I’m impressed) while reader M.T. Glass discovered this blog (a word that didn’t exist then, if memory serves) when it was less than two months old.

Partly in consequence of our popular WordPress redesign we’ve also been setting new traffic records, regularly surpassing 9,000 and often hitting 10,000 unique daily visitors. Thanks for your support! (& welcome Above the Law, National Arbitration Forum, Law Crossing, Point of Law readers).

Losing patience with Jonathan Lee Riches

The federal judges in the Northern District of Georgia decided to place curbs on the famously litigious inmate who’s filed more than 1,000 lawsuits nationwide naming celebrities and politicians as members of hallucinatory cabals against him. In March the judges enjoined him from filing more suits without permission in the district, which he can do only if he agrees to be prosecuted for false statements. (Miami Daily Business Review, Jun. 12, also with some discussion of Jack Thompson and of a few other Florida litigants who’ve had their acts shut down after filing (e.g.) 18, 20 and 60+ meritless or inappropriate actions.)

The order in the Northern District of Georgia has not prevented Riches from continuing to file lawsuits against celebrities and public figures elsewhere, as in the federal District of South Carolina. (Rachel Barron, “Vinod Khosla Slapped With $43M Lawsuit”, Greentech Media, Jun. 20).

Time Warner Cable settlement

Craig Newmark dissects a class action settlement notice he recently received, and finds the classic gimmick/ploy in which the contrite company agrees to give certain free services to customers who file claims, but then will begin billing them monthly if they forget to cancel the services after a short trial run. (Newmark’s Door, Jun. 30).