Author Archive

Home stretch on rehosting

I’ve got a prototype of the new Overlawyered (powered by Movable Type 3.2) up and running at Hosting Matters and it shouldn’t be long before we’re ready to switch over, once I can transfer miscellaneous files and resolve some archiving issues. Thanks for readers’ patience during this transition.

Canada high court OKs tobacco-recoupment suits

The Supreme Court of Canada has unanimously upheld a law enacted by the province of British Columbia which announces a retroactive right to recoup from tobacco companies money spent on illnesses due to smoking. (commentary: Edmonton Sun, Ezra Levant). Canada thus becomes the first country to emulate the principle announced by state attorneys general in the U.S., which culminated in the notorious $246 billion state-tobacco settlement. As parents used to say: if you saw your friend jump off a cliff, would you do that too? (cross-posted from Point of Law)

Hiatus and rehosting update

Readers were not shy about recommending hosting services (thanks for all your emails!) and I’ve now decided to go with Hosting Matters, which has many articulate fans and seems to make a specialty of Movable Type-based blogs. It’ll probably be a few days more before the site is back up and running.

In the mean time, you can follow both my and Ted’s postings at the Manhattan Institute site Point of Law, which has been extra-busy lately (see, for example, its reprint of Ramesh Ponnuru’s fascinating National Review article on trial lawyers and social conservatives). I’ve been juggling a number of other deadlines and published a “Rule of Law” op-ed column on Hurricane Katrina and flood insurance last Saturday in the Wall Street Journal (sub) (more on that). (Bumped 9/30).

N.J. high court okays foul-ball suit

A classic application of the assumption-of-risk doctrine was the rule that ballpark owners were not liable when a foul ball hit into the stands injured a fan. But assumption of risk has been less than popular in the law schools for a long time, and is under constant pressure from the plaintiff’s bar, which would like to curtail or eliminate it. Now, per Law.com, the New Jersey Supreme Court has rolled back the foul-ball rule as regards parts of a stadium devoted to concessions, mezzanines and so forth, though apparently not (yet) seating areas. One likely result: more installation of netting and other screening, even if it impairs fans’ viewing experience. (cross-posted from Point of Law)