- To hold a party in the public parks of Bergenfield, N.J., you’ll need homeowner’s or renter’s insurance to throw on the line [Bergen Record]
- More on suits against Victoria’s Secret over allegedly hazardous bras, thongs, and undergarments, including an aspiring class action over contact rashes [Heller/On Point News]
- Supreme Court will review Navy sonar controversy, which we’ve long covered in this space [Adler @ Volokh]
- Hope of legalized online gambling fades, and you can blame Republicans on Capitol Hill for that [Stuttaford, NRO “Corner”]
- Disney said to be behind bad proposal to soak foreign tourists to fund visit-America promotions [Crooked Timber]
- “Squishier than most”: Nocera on A.M.D.’s predatory-pricing antitrust suit against Intel [NYT]
- Process serving company lied about delivering SEC witness subpoena and falsified later document, judge rules, awarding victim $3 million [Boston Globe]
- Revisiting the false-accusation ordeal of Dr. Patrick Griffin, and how it relates to pressure to have needless chaperones at medical procedures [Buckeye Surgeon, Dorothy Rabinowitz Pulitzer piece]
- Overlawyered turns nine years old tomorrow (more). Commenters: how long have you been reading the site? Any of you go back to its first year?
Author Archive
Ticketed? Stall ’em
Wired magazine (May) carries this bit of advice from attorney David Brown, author of Beat Your Ticket:
3. Stall. Two weeks before your trial, request a continuance from the court clerk. The longer you delay, the more likely the officer won’t be able to attend, which should result in a dismissal if you ask for one.
Question: is it ethical to advise clients to ask for continuances with the purely tactical aim of increasing the burden on an opponent, as opposed to the more aboveboard reasons one might have for such a request?
Chuck Yeager, Cingular and the right of publicity
The legendary test pilot sued the cellphone company — and has gotten past summary judgment with his claim — because a Cingular press release compared one of the company’s technical innovations to his work breaking the sound barrier. (Rebecca Tushnet, Jun. 22 via David Post @ Volokh).
Social life of a blogger; guestblogger thanks
Off-topic: Commentary magazine, with which I go way back, and Alarming News threw a pleasant cocktail get-together for New York City political bloggers last night at a bar on Avenue A and 13th (around the corner from the first place I ever lived in New York). I met most of the attendees listed here, along with some others not listed including Fallen Sparrows and the mysterious proprietor of opera blog An Unamplified Voice.
Also, in case it was not clear, I’ve now completed the writing project for which I took the week off. Many thanks to Andrew Grossman (Heritage Foundation) and Jim Copland (Manhattan Institute) for filling in in my absence.
Shoemaker slammed with Seidel-subpoena sanction
Our source describes it as “quite a slapdown” by the judge, good news for bloggers who may have been feeling chilled by the now-celebrated subpoena aimed by Virginia vaccine attorney Clifford Shoemaker at investigative blogger Kathleen Seidel, who had criticized him. (Neurodiversity, Jun. 23; ruling in PDF at Public Citizen, which defended Seidel; Orac, Citizen Media Law Project, Bug Girl).
I’m proud to note that I helped break the story in April and have posted regular updates since then.
Not directly related, but also of note from Kathleen Seidel’s blog: you’re not going to believe what some attorneys consider a source of credible evidence when pressing claims in the government’s Vaccine Injury Compensation Program (Jun. 13).
P.S. Comments take issue with its being “quite a slapdown”, and suggest that it was more like a slap on the wrist.
Guestbloggers on deck
I’ll be mostly absent for the next week because of a deadline, and I believe Ted may be tied up for the next couple of days as well. Fortunately, we’ve got two excellent guestblogger prospects on deck, so you’ll be well provided for in the mean time.
Settlement first, plaintiff afterward?
Objections might slow down the approval of a class action settlement on behalf of black retail brokers against Morgan Stanley: “Linda Friedman, an attorney for about 30 brokers, claimed that James Finberg and other class counsel fished for a lead plaintiff after they already negotiated the settlement with defense lawyers at Morgan, Lewis & Bockius.” (Dan Levine, “Objections Interrupt Morgan Stanley Settlement”, The Recorder, Jun. 17).
Muscling into her clients’ wedding pictures
Virginia Postrel wonders why publicity-hound attorney Gloria Allred wouldn’t let her clients have the spotlight for once last week. “This is not just rude. It’s bad politics. If you want to get Californians to vote against a state-constitutional amendment to ban same-sex marriage, you should keep the obnoxious leftist lawyers out of sight and highlight the happy families.” (Jun. 18).
Studios: we shouldn’t have to prove anyone used shared movie files
The act of making available movies for P2P copying should itself give rise to damage liability, with no need for a showing that anyone actually came along and availed themselves of the illicit property, Hollywood moviemakers are arguing. “It is technologically infeasible to determine whether the public is copying an open share folder, although the RIAA makes its own downloads from defendants’ share folders, produces screen shots and, among other things, captures an IP address. An Arizona judge ruled last month in a different case that those downloads count against a defendant, a one-of-a-kind decision being appealed on grounds that the RIAA was authorized to download its own music.” Infringement penalties can run to $150,000 per copyright violation. (David Kravets, “MPAA Says No Proof Needed in P2P Copyright Infringement Lawsuits”, “Threat Level” blog, Wired.com, Jun. 20). More: Ars Technica.
The Rezko mess: a (tangential?) Madison County link
Illinois state Rep. Jay Hoffman of Madison County, who doubles as an attorney with the Lakin Law Firm, is also said to be a big-time political fundraiser and a key link between the county’s far-famed class-action culture and the world of Illinois politics. Hoffman has long been a close and loyal advisor to now-Gov. Rod Blagojevich, something that’s no longer such a big political advantage what with the Rezko trial having badly sullied the governor’s reputation. Things got worse last month when Hoffman’s name came up during some of the most explosive testimony at that trial, though he’s been charged with no wrongdoing. And now he’s at odds with a fellow Democrat, state house Speaker Michael Madigan — himself a longtime guardian of trial lawyer interests in Springfield — following what the St. Louis Post-Dispatch describes as “the airing of a secret memo from [Madigan’s] staff directing legislative candidates to call for Blagojevich’s impeachment — complete with instructions to deny that they’re getting instructions.” (AP’s version). Ed Murnane of the Illinois Civil Justice League has more at Illinois Review, as do the editorialists of the Chamber-backed Madison County Record, while Eric Zorn of the Tribune and ArchPundit speculate that Blagojevich might appoint Hoffman to Barack Obama’s seat in the U.S. Senate should his election as President leave it vacant.