Overlawyered: Chronicling The High Cost Of Our Legal System

Author Archive

ADA litigation closes another Calif. restaurant

Even rural Northern California affords no refuge from the filing mills:

Eureka’s Arctic Circle franchise has closed its doors after the restaurant was sued for noncompliance with the Americans with Disabilities Act.

Jack Williams, who has owned the franchise with his wife, Peggy, since 1989, said the couple decided to close the business last Tuesday because they cannot afford the renovations required by the lawsuit.

The suit was filed by local attorney Jason K. Singleton, who in recent years has filed ADA-related suits against a number of local establishments, including Village Pantry, Broadway Cinema, Fortuna Theatre, Cafe Waterfront and College of the Redwoods, among others. …

“Here we had a business that was serving all kinds of customers and now is serving no one,” Hockaday [J Warren Hockaday, executive director of the Greater Eureka Chamber of Commerce] said.

(Ryan Burns, “Arctic Circle closes due to ADA lawsuit”, The Times-Standard, May 6; earlier).

Filed under: ,

“An invaluable blog”

A grateful hat tip to Johnathan Pearce of the U.K. site Samizdata.net for those kind sentiments: “As ever, those interested in silly lawsuits should keep an eye on Overlawyered, an invaluable blog.” (May 2).

Filed under:

WordPress here we come?

Given the vulnerabilities of Movable Type to attack — comments are down once again and I don’t know at this point when we can get them back up — it looks as if we’ll have to join the crowd in migrating over to WordPress. (And I had really wanted to spend the week on other projects.)

Those who might want to share relevant MT-to-WP conversion experience are welcome to check in through email (since comments are busted).

Filed under:

Comments and search down for now

The site crashed under spammer attack this morning — I’m told the link from Instapundit with its resulting heavy traffic was just a coincidence — and we’ve had to shut down comments and search temporarily while we try to get back on our feet. Update 1:15 p.m. Eastern: search back up (although all old saved searches are broken, you’ll have to re-search on individual terms), comments still down.

Filed under:

Testi-lying in NYC firearms cases

In more than twenty felon-found-with-firearm cases, judges have found the testimony of New York City police “to be unreliable, inconsistent, twisting the truth, or just plain false. The judges’ language was often withering: ‘patently incredible,’ ‘riddled with exaggerations,’ ‘unworthy of belief.'” Yet “with few exceptions”, the testifying officers have faced no consequences, “prosecutors did not notify police authorities about the judges’ findings”, and the Police Department says it has no official knowledge of most of the cases. Could this relate to the arrogance of a city administration hardened in the belief that individual rights always have to give way to the greater social good of “getting guns off the streets”? (Benjamin Weiser, “Police in Gun Searches Face Disbelief in Court”, New York Times, May 12)(& welcome Instapundit readers).

Filed under: ,

Suing for different Founders on coins

Litigants with too much time on their hands? An enactment called the Presidential Coin Act directs the Treasury to mint coins honoring each President. Stanley L. Klos of Florida is suing, claiming the ten men who served as president under the Articles of Confederation should be entitled to coins too. Under traditional concepts of legal standing, it would seem Klos might have trouble proving a particularized injury to his own legally protected interests. (Elaine Silvestrini, “Scholar Sues To Recognize ‘Presidents’ Before Washington”, Tampa Tribune, May 7)(via Above the Law).

May 12 roundup

  • Canada free speech: Islamic group files complaint against Halifax newspaper over cartoon of burka-wearing terror fan; two more libel suits aimed at online conservative voices; growing furor over complaint against Steyn/Macleans [National Post]
  • More than 5,000 students committed crimes last year in Philadelphia schools, but none were expelled — consent decrees tying system’s hands are one reason [Inquirer]
  • U.K.: Man threatened with legal action for flying pirate flag as part of daughter’s birthday party [Guardian]
  • Bankruptcy judge doesn’t plan to accept at face value Countrywide’s claim that it generated false escrow documents by mistake in foreclosure [WSJ, WSJ law blog]
  • Amid bipartisan calls to step down, Ohio AG Marc Dann [Apr. 19, May 6] hires an opposition researcher [Adler @ Volokh] on top of Washington lobbyist [Legal NewsLine], after being rebuked by judge for political suit [Dispatch]. And where’s that ethics form on the Chesley flight? [Dayton Daily News]
  • Missouri med-mal claims fall sharply after legislated damages curb [Springfield News-Leader]
  • More on Dartmouth prof Priya Venkatesan, the one who wants to sue her students — as suspected, she’s a devotee of deconstructionist Science Studies [Allen/MtC; earlier]
  • Covert plan to sabotage Chinese economy? [Wilson Center event]
  • What, never? Well, hardly ever: Docs continue to assail notion that various complications such as patient delirium, clostridium difficile infection, iatrogenic pneumothorax, etc. — not to mention falls — are “never events” [KevinMD various posts; earlier]
  • Mich. high court agrees anti-gay-marriage amendment bars municipal health benefits for domestic partners, just what key proponents had claimed it wouldn’t do [Rauch @ IGF, Carpenter @ Volokh, earlier]
  • Private service rates the safety of charter air providers — but can it afford the cost of being sued after giving a bad rating? [Three years ago on Overlawyered]

Filed under: , , , , , , , , , , , , , , , , , , ,

Another burden for legacy automakers

State laws providing a kind of tenure protection for no-longer-needed car dealers are among the reasons it can be extremely expensive to close down a failing marque. General Motors, which closed Oldsmobile eight years ago, “spent more than five years battling dealer lawsuits” despite having set aside almost $1 billion to handle the transition, and Ford may face similar challenges if it tries to shutter its ailing Mercury line. (Martin Zimmerman, “Mercury may be coming to the end of the road”, Los Angeles Times, May 10). Earlier: Oct. 5, 2006. For more see this 2001 speech by FTC commissioner Thomas Leary, and this article by Missouri lawyer Gene Brockland on the federal Auto Dealers’ Day in Court Act, which is exceeded in stringency by some of its counterpart laws at the state level.

Filed under: , ,

“I felt my son would be at a disadvantage if he did not get the therapy offered”

A mom yields to the pressures in our educatio-legal* system to let her son be given the “disabled” label. “I realized was that among the parents I knew, well over 50 percent had their child in some form of therapy”. (Linda Keenan, Burbia, Apr. 4).

* Yes, it’s a coinage, but since “medico-legal” is by this point an accepted term, it’s probably only a matter of time before “educatio-legal” makes its way too.

Filed under: ,