Touchy Colorado bar

Last month the Colorado Bar Association sent a letter to both major political parties in the state instructing them to have their candidates “focus on the issues, avoid name-calling, and not resort to stereotyping any groups of people as the scapegoats for society?s complex problems. This includes generalized attacks aimed at judges or lawyers.” According to a Denver Post editorial (“How many lawyers does it take…”, Sept. 20):

“It totally cracked us up,” said Chris Gates, chairman of the Colorado Democratic Party. “I’ve received a lot of letters advocating for this issue or that, but this was the first letter that said ‘could you please refrain from saying mean things.”‘

Ted Halaby, a prominent lawyer and chairman of the state Republican Party, said the letter “showed a certain ultra-sensitivity.”

Filed under: Colorado, Denver, ethics

Rapist can interfere with adoption

After being raped, an unmarried woman finds she is pregnant. She wishes to give the child up for adoption, but under current law she must first prevail on the birth father to give up his parental rights — and as a condition of doing so, he demands that she not testify against him. Does this sort of thing really happen? A lawmaker and a reporter in North Carolina investigate and find that, yes, it does seem to (Ruth Sheehan, “Rapists lose facet of power”, Raleigh News & Observer, Sept. 6). P.S.: I, Gadfly raises an important point, namely, how should the law deal with the fact that not all rape accusations are accurate and some are even made tactically? The Raleigh newspaper’s account indicates that the North Carolina legislation cuts off the parental rights of rapists only on conviction, which minimizes the damage done by false accusations, but also suggests that the law may be without effect in the type of case that caused outrage in the first place, in which avoiding conviction is the whole point of the abuse.

Filed under: family law, North Carolina

Update: “economy-class syndrome” suits

Suits over deep-vein thrombosis suffered by inactive passengers on long-distance flights looked not long ago as if they might become a major source of liability for airlines, but “appellate decisions in California and Texas have encouraged airlines to defend DVT cases in court, rather than begin a parade of potentially large settlements.” (Justin Scheck, “New Tort Encounters Turbulence”, The Recorder, Sept. 17). See Aug. 16, 2003; Sept. 12, 2004 (Australia).

Filed under: airlines, Australia

Update: Boeken award chopped

Following guidance from the U.S. Supreme Court’s decision in State Farm v. Campbell, a California appeals court has ruled that the original $3 billion punitive award against Philip Morris, voted by a jury in 2001 in Richard Boeken’s lawsuit, cannot properly exceed $50 million. Plaintiff’s lawyer Michael Piuze expressed discontent at having to settle for such a measly sum. (Mike McKee, “Court Chops More off $3 Billion Award in Philip Morris Case”, The Recorder, Sept. 22; see Jun. 8-10, Jun. 11 and Jun. 19, 2001). Jim Copland has more at Point of Law (Sept. 22).

Filed under: State Farm, tobacco

Sturm Ruger vindicated in Lemongello-McGuire case

Charleston, W.V.: “A judge has ruled that the country’s largest firearms maker is not liable for two police officers being shot by a felon using a gun made by the Connecticut company. Kanawha County Circuit Judge Irene Berger on Thursday ruled that former Orange, N.J., police officers Dave Lemongello and Kenneth McGuire are not entitled to damages from Fairfield, Conn.-based Sturm, Ruger & Co., Inc.” Gun-control activists had sought publicity for the case, which they argued exemplified the merits of litigation against the gun industry. In June Will’s Jewelry and Loan Co., the pawnshop where the gun was sold, agreed to pay $1 million to settle with the officers. (“Gun maker found not liable for police shooting”, AP/Stamford Advocate, Oct. 1). The Second Amendment Foundation applauded the judge’s ruling.

Filed under: Connecticut, guns

New at Point of Law

If you’re not reading our sister site PointOfLaw.com, you’re missing out on a lot. I’ve been doing about half my blog writing over there, on topics that include: a powerful new St. Louis Post-Dispatch investigation of asbestos litigation in Madison County, Ill. (here, here and here, with more to come, and note this too); the busy borrowings of Harvard’s Larry Tribe; when “not-for-profits” organize employment suits; Erin Brockovich’s respectability; crime without intent; experts and the CBS scandal; stay open through a hurricane, go to jail; suits over failure to put warnings on sand (yes, sand); West Virginia legal reform; Merrill Lynch/Enron trial; Hayek and the common law, reconsidered; getting creative about tapping homeowners’ policies; AdBusters sues to have its ads run; plaintiff’s lawyers represent criminal defendants to put drugmakers behind the eight ball; update on the law firm that competes on price; Spitzer and investors; Ohio med-mal crisis (and more); a welcome Schwarzenegger veto; dangers of firing your lawyer; ephedra retailer litigation; churchruptcies (if banks can do it…); and hardball in nonprofit hospital litigation.

Plus Ted Frank on tort reform in Mississippi and Jim Copland on California’s Proposition 64 (which would reform the notorious s. 17200 statute); the federal tobacco trial and Boeken; gender bias at work; and Rule 11 revival.

Better bookmark PointOfLaw.com now, before you forget.

Filed under: asbestos, Eliot Spitzer, Erin Brockovich, hospitals, Madison County, Mississippi, Ohio, s. 17200, tobacco, West Virginia, workplace

White Castle onion rings

Michael Strauss says he bit into one of them at a Bourbonnais, Ill. outlet of the burger chain and hot grease squirted out onto his arm. Can he have a sum in excess of $50,000, please? (Steve Patterson, “White Castle lawsuit has familiar ring”, Chicago Sun-Times, Sept. 30).

Filed under: restaurants

Medical education constricted

Symptoms of the medical liability crisis are less severe in North Carolina than in many other states; “Dr. Edward Halperin, vice dean of Duke’s medical school, said the issue is not cited as a major factor in Duke students’ decisions to pick a medical specialty,” which is not the case in some other parts of the country. “The malpractice issue has had a negative influence, however, in the kinds of learning opportunities medical schools offer. In years past, Halperin said, schools routinely let students do training stints at hospitals around the country. Now this practice is being curtailed, because medical schools are leery of carrying the liability for students working outside their hospitals.

“Such subtle problems seldom get mentioned in the debate, but Halperin said the effect is long term. ‘It’s inhibiting access to educational opportunities,’ he said.” (Sarah Avery, “Malpractice debate hides subtleties”, Raleigh News & Observer, Sept. 7) (via Common Good).

Filed under: hospitals, medical, North Carolina, schools

Fall speaking schedule

I’ll be speaking this evening (Thurs. Sept. 30) in Baltimore as part of a dinner-hour panel discussion on medical malpractice reform sponsored by the Chesapeake Lawyers’ Chapter of the Federalist Society. Other events scheduled for this fall (sponsored by the Federalist Society unless otherwise specified):

* Mon. Oct. 11, Whittier Law School, Costa Mesa, Calif.

* Tues. Oct. 12, Chapman Law School, Orange, Calif. (lunch) and Trinity Law School, Santa Ana, Calif. (late afternoon)

* Thurs. Oct. 14, U.S. Chamber of Commerce, Washington, D.C., Legal Reform Summit, debating Bob Levy of Cato on federalism and litigation reform

* Wed. Nov. 10, Cato Institute, Washington, D.C., commenting on publication of Bob Levy’s new book Shakedown

* Fri., Nov. 12, Federalist Society National Lawyers Convention, Washington, D.C., panel discussion on regulation by litigation with (among others) former Mississippi Attorney General Michael Moore and Michigan Supreme Court Justice Robert Young, Jr.;

* week of Nov. 15 (exact date TBA), Fordham Law School, New York City.

To inquire about our availability for speaking engagements, email editor – at – [this-domain-name] for me or tedfrank – at – [this-domain-name] for Ted.

Filed under: attorneys general, Baltimore, federalism, law schools, live in person, Maryland, medical malpractice, Michigan, Mississippi

Okay, towns: build sidewalks or else

Fontana, Calif.: “Karen Medina, a student at A.B. Miller High School, was killed on Cypress Avenue in December 2001 when a car driven by a 15-year-old unlicensed driver veered out of control.” So who’s 75 percent to blame for her death? Why, the taxpayers of Fontana, because the city hadn’t built sidewalks on the thoroughfare in question — or so said a jury which awarded her parents $37.5 million. (Lance Pugmire, “Death of Girl May Cost Fontana Millions”, Los Angeles Times, Sept. 22; “Jury Blames City For Teen’s Death On Busy Road”, NBC4.tv, Sept. 22).

Now, around the country, it’s common for towns to refrain from building sidewalks alongside many or most of their roads, whether for aesthetic reasons, to reflect residents’ wishes, or simply because other ways of spending town funds seem more pressing. Fontana, known as a blue-collar community, planned to build sidewalks along Cypress Avenue at some point but was waiting for state grant money to come through. It may now have less wherewithal with which to pursue similar projects in the future. A footnote: although lawyers made much of the theme that the victim when hit was walking home from school, the actual accident occurred in a residential neighborhood which would appear not to have been especially close to the school (“less than a mile”).

Filed under: roads and streets, taxpayers