Author Archive

Breathalyzers for everyone?

At least if New York Assemblyman Felix Ortiz gets his way. Although it doesn’t consider the technology ready yet, “Mothers Against Drunk Driving (MADD) gives a qualified endorsement to the idea” of making the devices mandatory in all new cars, teetotalers’ included. After all, they only run about $1,000 apiece, the cost in freedom and dignity aside (Jayne O’Donnell, “Will all autos some day have breathalyzers?”, USA Today, Apr. 28)(via Brian Doherty, Hit and Run).

Australia: High court tosses “wrongful life” claims

Updating our May 1, 2005 item: by a 6-1 majority, Australia’s High Court has rejected claims on behalf of two disabled persons whose lawyers argued that they deserved compensation from their mothers’ doctors for allegedly failing to provide information that would have led the mothers to terminate their pregnancies (Peter Gregory, “‘Wrongful life’ claims thrown out”, Melbourne Age, May 9).

First lawyer indicted in Miss. fen-phen probe

“A Jackson attorney has been indicted on charges accusing him of helping individuals submit false settlement claims for the diet drug Fen-Phen, according to the U.S. Attorney’s office. Robert Arledge, who was employed by Richard Schwartz and Associates during the time the indictment covers, is the first attorney charged in the ongoing federal investigation.” The false submissions generated more than $8 million in settlements in attorneys’ fees, prosecutors say. (Jimmie E. Gates, “Jackson lawyer indictment in Fen-Phen probe”, Jackson Clarion-Ledger, May 26; “Vicksburg attorney indicted in scam”, May 27). For more on the Mississippi fen-phen scandal, see Feb. 8 and many earlier links.

Blood-alcohol levels? Why bring those up?

“Margaret Petraski was legally drunk when a Cook County sheriff’s squad car raced through an intersection and slammed into her vehicle, authorities said. …Late Tuesday, a Cook County jury decided Petraski should receive $26.8 million for the injuries she endured in the 2001 crash — believed to be the biggest verdict of its kind.

“But the jurors who delivered Tuesday night’s verdict never heard about the 0.11 blood-alcohol level hospital officials say Petraski registered after the Memorial Day accident. A driver is considered drunk if the blood-alcohol level is 0.08 or greater.” Judge Richard Elrod* ruled that Petraski’s blood-alcohol sample wasn’t reliable enough to be admitted, because it was taken from a dried sample, and Petraski’s lawyers further argued that no expert had given testimony linking her alcohol intake to the accident, which occurred when a police officer sped through a red light in response to a non-emergency call. However, even without being told about Petraski’s alcohol level, jurors declared her 25 percent to blame for the crash, because she “misjudged the turn and should have anticipated the officer was going fast”. (Steve Patterson, “$26.8 million for victim in cop collision”, Chicago Sun-Times, May 25).

* Bonus trivia point for law buffs: Judge Elrod is the same Elrod who figures in the heading of Elrod v. Burns, a famous U.S. Supreme Court case on the Constitutional status of political patronage.

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Calif. diploma exam

The California Supreme Court has issued a ruling reinstating it, at least in the short term. (David Kravets, “Calif. Supreme Court Reinstates Exit Exam”, AP/Los Angeles Times, May 24). Our earlier coverage: Feb. 22, May 15.