Following up on our Aug. 17 post: “Game publisher Take-Two Interactive Software Inc. was ordered to demonstrate an upcoming video game titled “Bully” for a judge to determine whether it violates Florida’s public nuisance laws. Miami-Dade Circuit Court Judge Ronald Friedman issued the order yesterday. The move is a major coup for conservative Miami attorney Jack Thompson, known for his crusades against pornography and obscene rap music, and now the video game industry.” (Mike Musgrove, “Florida Judge Wants To See ‘Bully’ in Court”, Washington Post, Oct. 12; Jeremy Reimer, ArsTechnica, Oct. 13).
Author Archive
Novel idea: don’t sue without actual harm
“A federal judge in Arkansas has thrown out a class action lawsuit against Acxiom, which exposed massive amounts of Americans’ personal information in a high-profile Internet security snafu three years ago. … Because the class action attorneys could not prove that anyone’s information had actually been misused, [U.S. District Judge William] Wilson dismissed the case and the request for damages on the grounds that any harm would be entirely speculative.” (Declan McCullagh, “Class action suit over ID theft tossed out”, CNet, Oct. 12).
Election watch: Shame on the Texas GOP
Possibly the Texas Republican Party has some legitimate arguments to offer against electing personal injury lawyer E. Ben Franks, a Democrat, to a state appeals judgeship in Texarkana. But if so, this sure isn’t one of them. (Mary Alice Robbins, “GOP Raises Religion in Court Race, Calling Democrat an Atheist”, Texas Lawyer, Oct. 9; Eugene Volokh, Oct. 10).
“60 Minutes” to cover Duke lacrosse case
CBS writes to say that “60 Minutes” will air a major segment on the Duke lacrosse case this coming Sunday. According to the show description, “The other dancer in the Duke lacrosse rape case refutes a key part of the accuser’s story in an interview with 60 Minutes correspondent Ed Bradley. He also spoke with the three players accused in the rape.” More here. Our earlier coverage: Oct. 11, Aug. 30, etc. Further: Durham Wonderland, which has exhaustively chronicled developments in the case, has a must-read summary (Oct. 16).
Online gambling ban
Yale Political Union debate
Last night I was honored to be the guest of the Yale Political Union (in which I was active during my own undergraduate days) to keynote the evening’s debate on “Resolved: Government should restrict the right to sue”. I got the whole guest treatment, including dinner at Mory’s beforehand with the leadership of the YPU, culminating in an impromptu a cappella performance by the fabulous Spizzwinks. After the debate, many of us retired to Yorkside Pizza to discuss politics and philosophy well into the night, including members of (inter alia) the Independent and Tory parties, the Party of the Right, and the newly forming Party of the Left. Among those present: the organizers of the Largest Facebook Group Ever.
And the debate itself? After my remarks, there were four spirited student speeches, two in the affirmative and two in the negative, following which I made a few further comments. The resolution “Resolved: Government should restrict the right to sue” then passed by a vote of 27 in favor, 10 opposed, and 7 abstentions.
Incidentally, the Yale Political Union, which bills itself as “the largest undergraduate organization at Yale, and the only group of its kind in the country”, is reaching out to alumni and other well-wishers as it plans to commemorate its approaching 75th anniversary. To support the Union, help with the planning of a contemplated anniversary reunion event or events, or get more involved generally, contact Andrew Olson (no relation) at this link.
New malpractice-suit tactic: wearing a wire
Sure, go ahead and bring a concealed tape recorder on your next doctor visit. That’ll be great for the therapeutic relationship, won’t it? (KevinMD, Sept. 23).
9th Circuit: UPS must hire deaf drivers
The package delivery company believes that the safer policy is to hire only hearing drivers to operate its trucks, but the 9th Circuit finds that a violation of the Americans with Disabilities Act:
The ruling puts employers in a “damned if they do and damned if they don’t” situation, said Joe Beachboard, a Los Angeles lawyer who represents employers.
If UPS doesn’t employ deaf workers as drivers, it can be sued under the disability act, he said. But if a deaf UPS driver has a serious accident, the company also could be sued.
(Lisa Girion, “UPS Ban on Deaf Drivers Is Rejected”, Los Angeles Times, Oct. 11). More: WSJ editorial, subscriber-only (“Common Sense-Impaired”, Oct. 19).
Runaway bride wants $500K
Jennifer Wilbanks made worldwide headlines by disappearing, then concocting a bogus abduction story to get out of her engagement to Georgia fiance John Mason; now she wants punitive damages from him for not sharing the proceeds from selling the story, among other offenses. (“‘Runaway Bride’ Sues Ex For $500,000”, AP/CBS, Oct. 10; Lat, Oct. 11)(via Althouse).
Election watch: “Lawyer’s $1 million keeps Bell in game”
Texas:
Houston trial lawyer John O’Quinn saved Democrat Chris Bell’s struggling gubernatorial campaign from financial oblivion this week by making a record $1 million donation. …
“There’s something about a million-dollar check that really warms the heart,” said Bell.
O’Quinn has promised to raise another $4 million for Bell’s campaign, and that could make the Democrat more competitive with all his opponents [incumbent Republican Rick Perry, independent Carole Keeton Strayhorn (herself heavily backed by trial lawyers), and independent Kinky Friedman]. …
Bell said O’Quinn is not looking for special favors from state government.
“There’s nothing that state government can do for John, nor is he asking for anything but good government,” Bell said. …
O’Quinn, Williams and Umphrey were part of a legal team that shared in a $3.3 billion legal fee for settling the state’s lawsuit against the tobacco industry.
(R. G. Ratcliffe and Janet Elliott, Houston Chronicle, Oct. 11).