The action was “in protest at a possible reform that could cut them out of many divorce cases.” Notaries public would be authorized to handle many divorces involving mutual consent, at a large likely savings to divorcing couples. (AP/IHT, Dec. 19).
Author Archive
Best Buy: sorry for sending that nastygram
First the giant retail chain sent a nastygram to an improvisational troupe that staged an unannounced performance at one of its stores and then sold parody T-shirts that imitated the retailer’s graphics. Then it sent a nastygram to a blog that had reported on the incident. Then, as p.r. disaster loomed, it apologized for sending the nastygram — the second one, at least, the one to the blogger. (Laughing Squid, Dec. 12)(via Turkewitz).
Bush nixes defense bill, cites Iraq-suit provisions
In a setback for the conduct of foreign policy by way of entrepreneurial private lawsuits, President Bush, exercising his pocket veto, has
rejected the defense spending bill passed by Congress earlier this month.
The president has concerns over a provision that would let victims of Saddam Hussein’s regime with legal claims in U.S. courts seek compensation from the Iraqi government….
If enacted, the White House said, the act would have permitted “plaintiff’s lawyers immediately to freeze Iraqi funds and would expose Iraq to massive liability in lawsuits concerning the misdeeds of the Saddam Hussein regime.
The provision in question would have reactivated litigation, disapproved by a federal appeals court, by which 17 former American POWs from the Gulf War had demanded $959 million from the post-Saddam Iraq regime over their treatment. “They were opposed by the Bush administration, which argued Iraq has reformed and needs the money to rebuild.” (” Defense spending bill to die without becoming law”, CNN, Dec. 28).
Sen. Frank Lautenberg (D-N.J.), who inserted the provision, says its language is not specifically tailored to Iraq but would instead sweep more widely in empowering lawyers to go after foreign sovereign governments’ commercial assets in suits charging past support for terrorism. The proposal has had support from a few Republicans as well as Democrats. (Politico “Crypt”, Dec. 28).
Report: Apple to auto-limit iPod volume
Was the litigation a factor? The UK’s Daily Mail is reporting that Apple is developing a way for future iPods and iPhones to turn down volumes automatically after a certain period of use to protect users from endangering their hearing. One columnist predicts that the feature if implemented “will be hacked in a matter of minutes” by users who don’t want the protection. (Christopher Breen, “Auto-volume may be a turn-off for some”, MacWorld, Dec. 26).
Egypt wants to copyright pyramids, Sphinx
Under the proposed law, backed by Supreme Council of Antiquities chief Zahi Hawass, persons around the world would be forbidden to 
make copies, even for private use, of the country’s famous monuments, scarabs and other Pharaonic survivals. “His comments came only a few days after an Egyptian opposition newspaper, Al-Wafd, published a report complaining that many more tourists each year travelled to the pyramid-shaped Luxor hotel in Las Vegas than to Luxor itself. The newspaper proposed that the US hotel should pay some of its profits to Luxor city.” However, Hawass said that copies of pyramids and other objects that were less than “exact” might escape a royalty obligation, which might get the back of the U.S. one dollar bill off the hook. (Rory McCarthy, “Egypt to copyright the pyramids and antiquities”, Guardian, Dec. 27; “Egypt to copyright pyramids”, AFP/Google, Dec. 26; AP/IHT). More: Coleman.
Sues 8-year-old over ski-slope collision
60-year-old David J. Pfahler of Allentown, Pa., has filed suit in Denver “claiming Scott Swimm, then 7, was skiing fast and recklessly when they collided in January” at Beaver Creek. Pfahler wants upwards of $75,000 over a torn shoulder tendon which necessitated “physical therapy, vacation time, nursing and medical services provided by Pfahler’s wife, and other expenses”. Scott’s mother says he weighs 48 pounds “and couldn’t have been going more than 10 mph. ‘Who in the world sues a child?’ she said. ‘It just boggles my mind every day.'” (“Man, 60, sues boy, 8, over ski collision”, AP/Boston Globe, Dec. 20; Steve Lynn, “Boy, 8, sued in Beaver Creek ski collision”, Vail Daily, Dec. 19).
Following widespread public anger, the plaintiffs say they have been subjected to harassment in what their lawyer, Jim Chalat, calls an “electronic tar and feathering” (“Couple that sued Eagle-Vail boy hears complaints”, Vail Daily, Dec. 26; letters, Dec. 24; more coverage, Dec. 27 and Mark Wolf’s Rocky Mountain News blog; Obscure Store).
Diversity training, the compulsory way
Cross median into bus’s path, it’s bus owner’s fault
A jury has ordered the owners of an Oklahoma charter bus to pay $2.8 million to country singer Toby Keith and other members of his family after a 2001 accident in which Keith’s father, H.K. Covel, was killed after his truck crossed the median on Interstate 35 into the path of the bus. The family’s lawyer had produced an expert witness to testify that the bus’s brakes should have been in better repair and that the driver should have been better trained. Covel’s truck had been bumped by another vehicle and the family said it filed the suit to establish that the accident wasn’t his fault. (“Jury rules Toby Keith’s father not at fault in crash that killed him”, AP/KTEN, Dec. 24).
No toy donations, thanks: “It’s the liability.”
Earlier this month a spectacular tanker accident burned down several houses in the Boston suburb of Everett, Mass. Ten-year-old Peter-Anthony Hereu of Wellesley felt sorry for the nine kids who’d been burned out of their homes and collected Christmas toys for them. But Everett Mayor John F. Hanlon vetoed the idea, citing recent toy recalls: “If you trip on ice, trip on a stair, trip on a present, we’re going to get sued. I don’t know what to do with the toys. We’re holding on to them until next year.” The story took a happier turn, though, when the Salvation Army volunteered to distribute the presents and shoulder liability if necessary. (Laurel J. Sweet, “‘Insane’ red tape reins in lil’ Santa’s gift sleigh for Everett victims”, Boston Herald, Dec. 24; “’Army’ comes to big-hearted toy boy’s rescue”, Dec. 25)(& welcome WizBang readers; while you’re here, why not help put us back in first place as Best General Legal Blog?).
I’m interviewed…
…at Kevin O’Keefe’s site Real Lawyers Have Blogs (and this is probably a good place for a reminder that I am not in fact a lawyer)(cross-posted from Point of Law).