The SCO Group is famous for its business strategy, which in large measure consists of filing a barrage of suits against IBM, Novell and other makers and users of Linux-based and other software products based on purported infringements of its intellectual property rights in Unix (see Nov. 6, 2003). On Oct. 31 SCO signed an agreement with Boies, Schiller & Flexner and a second law firm that will cap (at $31 million) the legal bill it will owe over and above a generous contingency share of any recoveries. (Stephen Shankland, “SCO seals deal for legal expense cap”, CNET News, Nov. 5). For more on the controversy, see Jim Kerstetter, “The Most Hated Company In Tech”, Business Week, Feb. 2; “SCO’s Suit: A Match Made in Redmond?”, Mar. 11. While to date it seems SCO has been unable to produce much hard evidence of IBM’s having infringed, SCO says that’s because the larger company has been unwilling to provide a helpful “road map” to its code to help in identifying violations (Nick Farrell, “IBM says SCO has no evidence”, The Inquirer, Sept. 17). SCO’s side of the controversy may be found at its website, while GrokLaw provides a wealth of items and links from a standpoint critical of the SCO claims.
Author Archive
RR didn’t warn not to walk on tracks
“A Jeannette woman who was slightly injured after being struck by a train while walking along railroad tracks sued Norfolk Southern Corp. Thursday for failing to warn pedestrians that trains travel on tracks.” Patricia Frankhouser suffered a broken finger as well as cuts and scrapes; her lawyer, Harry F. Smail Jr. of Greensburg, “argues that the railroad was negligent for failing to post signs warning ‘of the dangers of walking near train tracks and that the tracks were actively in use.'” (Matthew Junker, “Woman struck by train sues railroad”, Pittsburgh Tribune-Review, Nov. 5). Other counts in the suit include the railroad’s failure to put up gates and the failure of its engineer to stop faster or yield the right of way. (“Jeannette woman sues railroad”, Pittsburgh Post-Gazette, Nov. 9). Updates Nov. 23: more on case including attorney Smail’s defense of suit; Feb. 20 (RR asks dismissal).
Legal hazards of medicine-by-phone
Many physicians in Alaska sighed with relief this summer when a jury for the second time ruled in favor of Anchorage general surgeon James O’Malley, finding that O’Malley “had given enough information to patient Vicki Marsingill over the phone for her to make an informed decision about whether to go to the hospital emergency department. Marsingill experienced complications after she decided not to follow Dr. O’Malley’s advice.” An initial verdict in Dr. O’Malley’s favor was thrown out because of improper jury instructions. The case raised questions about how forcefully doctors are expected to respond when counseling a potentially noncompliant patient to seek treatment. In Alaska, a state where consultation-by-phone is common given the great geographical distances, the case also “sparked debate …over how much information doctors should give patients over the phone and how much responsibility falls to patients. Some physicians have stopped taking phone calls after hours and instead instruct patients to go to an emergency department or call 911.” (Tanya Albert, “Alaska physician wins case on ignored medical advice”, American Medical News (AMA), Jun. 7; “Alaska bill offers immunity when advice is ignored”, Mar. 22-29; more on case).
“Sharper Image Loses Suit Over Panned Product”
U.S. District Judge Maxine Chesney cited California’s SLAPP law, aimed at curbing lawsuits over some exercises of speech, “on Wednesday when she tossed out a suit filed by the upscale retailer [Sharper Image] against Consumers Union over negative reviews of its best-selling product, the Ionic Breeze Quadra Air Purifier.” (Jeff Chorney, The Recorder, Nov. 11).
Overlawyered.com in the classroom
Many thanks to RiskProf Martin Grace of Georgia State (Nov. 10).
Accommodations in the emergency room
Virginia Postrel is writing in Forbes (Nov. 1, summary) about claims that it’s unlawful for professional gatekeepers to discriminate against medical students who are slow readers. For more, see Nov. 13, 2003 and other posts. (& letter to the editor, Dec. 20).
Take my ex-husband’s assets (please)
Diana Bilinelli, ex-wife of the late Saudi Sheik Mohammed al-Fassi, says she’s decided to sell her $250 million divorce judgment at a substantial discount if she can find the right buyer. She hopes a buyer will have better luck then she has at tracking down al-Fassi’s assets. “It’s a dandy investment opportunity,” says her lawyer, Helen Dorroh-White. (“Woman Selling $250M Divorce Judgment”, AP/ABCNews.com, Nov. 8; Marcus Warren, “For sale: a ?135m divorce package with royal strings”, Daily Telegraph (UK), Nov. 11).
Theo van Gogh’s “Submission”
The 11-minute film on the subjection of women in fundamentalist Muslim communities, for which the Dutch filmmaker was murdered by an Islamist assassin, may be viewed here (via Andrew Sullivan). Instapundit has a link roundup (Nov. 9).
When Good Samaritans sue
At an Iowa casino, a parking valet asks two arriving patrons to help out a 200-lb. man who has fallen out of his wheelchair in the parking lot. They do so, one of them helping to lift the man and the other steadying the wheelchair. They then proceed to enter the casino and gamble for several hours. Seven months later, they sue the casino company saying they were both injured while helping out the fallen customer. A trial court dismissed the claim on summary judgment, and a court of appeals upheld that dismissal, perhaps burnishing Iowa’s reputation as having one of the more reasonable legal systems as states go. Random Mentality has more (Sept. 9, scroll), and the opinion is here (Linda Munz & John Winkers v. Peninsula Gaming, Sept. 9).
Madison County judge nixes tracking class payouts
After a class-action settlement in Madison County, Ill. between Ameritech and class action lawyers Korein Tillery over alleged unfairness in the giant phone company’s SimpliFive rate program, the Citizens Utility Board, a consumer advocacy group, petitioned the court to keep track of how much of the ostensible $12.4 million in refunds for customers actually got paid out. (Korein Tillery, for its part, is slated to get $1.9 million in fees). Last month, following opposition to the motion by both the Korein firm and Ameritech parent Southwestern Bell, “Madison County Circuit Judge Nicholas G. Byron rejected the Citizens Utility Board motion, ruling that the board had no standing in the case. Byron’s ruling means that the public will never know how much will be paid out.” “You would have to wonder why the plaintiff attorney would be so adamantly opposed to making this information public,” said Terryl Francis, a retired attorney representing the Citizens Utility Board. “After all, he’s supposed to be fighting for the class.” More:
Lester Brickman, a law professor at Cardozo Law School in New York and a critic of the Madison County Circuit Court, said Byron, Korein Tillery and SBC had a “mutual interest in suppressing the actual number of people who claim the benefits secured for them.”
Brickman said: “It’s not a surprising outcome, because the information the Citizens Utility Board was requesting would prove embarrassing to the court. It’s a sad comment on the state of class actions that a judge joins forces with both the plaintiff lawyer and the defendant to suppress this information.”
(Paul Hampel, “Judge’s ruling keeps payout in Ameritech case under wraps”, St. Louis Post-Dispatch, Oct. 17).