“An exclusive London restaurant stopped asking customers to sign a legal disclaimer if they order rare or medium-rare burgers after the practice came to the attention of the city’s legal community. The restaurant at the five-star Marriott West India Quay in London’s Docklands required diners to complete a form which said it waived the hotel chain’s responsibilities should they suffer food poisoning.” (“Rare burger? Just don’t sue us”, CNN, Sept. 29). We first covered the burger-disclaimer issue more than five years ago: see Aug. 9, 1999.
Author Archive
Kerry’s career as a lawyer
Blogger Beldar, fresh from a prominent role in exposing the CBS scandal, applies merciless scrutiny to the senator’s brief stint in Massachusetts legal practice (Sept. 28). Okay, so maybe Kerry didn’t accomplish much while he was a lawyer, but we’ll have to think some more about whether that’s necessarily a bad thing.
Bonds homer lands in court (again)
“The San Francisco Giants fan who caught Barry Bonds’ 700th homer is being sued by another man who says he was the rightful owner of the prized ball, which he maintains was stolen from him during a mad scramble. According to a restraining order to be filed in state court Tuesday, Timothy Murphy said Steve Williams stole the historic blast from him during a melee in the left-center field bleachers at SBC Park on Sept. 17.” (David Kravets, “Man who caught Bonds’ 700th homer ball sued”, AP/FoxSports.com, Sept. 28) “In October 2001, Bonds’ record-setting 73rd homer of the season sparked litigation that ended when a judge ordered both men to split the $450,000 the ball fetched.” Lawyers’ fees were reported to have eaten up most of the proceeds in that case: see Jul. 1, 2003.
Send us more of your defective product, please
Charlie Morris, the sheriff of Okaloosa County, Florida, is suing Ford Motor over alleged defects in its Crown Victoria Police Interceptor vehicles. But he also wants the company to sell the county more of the cars. When Ford refused, Sheriff Morris sued asking the court to force the automaker to furnish more vehicles. Circuit Judge G. Robert Barron rejected the suit, saying case law makes clear that companies have a right to avoid dealing with unwelcome customers. (“Judge: Ford Can Refuse to Sell Cars to Police Suing Company”, AP/TampaBayOnline, Sept. 28). For more on the Crown Victoria, see Nov. 5, 2003.
Latest newsletter
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Cost of defending your product: $250 million
Connecticut-based Purdue Pharma has been highly successful at fending off mass tort lawyers’ assault on its revolutionary but often-abused painkiller, Oxycontin. So the system works? Well, aside from the fact that its defense costs have reached $250 million. And now the company is entangled in insurance coverage litigation. (Lisa Siegel, “No Escaping OxyContin Fee Frenzy”, Connecticut Law Tribune, Sept. 27). For more on Oxycontin, see Oct. 21 and Oct. 19, 2003 and links from there.
Oz: burger pebble depressed her libido
In Australia, Kelly Rae Hennessey is suing McDonald’s claiming she suffered a loss of libido after biting into a cheeseburger that contained a rock, according to a report in the Melbourne Herald Sun. As a result of the contaminated burger, purchased from a drive-through in Adelaide in 2000, “Hennessey says she’s suffered a loss of libido, as well as depression, nightmares, anxiety, nausea, palpitations, diarrhea, shortness of breath and toothache.” (“Woman sues over bad burger”, UPI/InterestAlert, Sept. 26).
Pennsylvania malpractice roundup
The IssuesPA/Pew Poll has found that a remarkable 26 percent of Pennsylvanians polled “said rising malpractice insurance costs have forced their family to change doctors in the past year”, and that state residents polled also favored a constitutional cap on pain and suffering damages by a margin of 68 percent to 24 percent. (The state legislature has refused to allow such a measure to reach the ballot.)(doctor availability survey, Sept.; caps survey, Aug.). The Scranton Times Tribune, a newspaper heretofore known for skepticism about the extent of a malpractice crisis, now credits reports that the number of local doctors practicing in key specialties “has declined sharply in recent years” and that specialties with high legal risk are disproportionately affected (Jeff Sonderman, “Area losing its specialists”, Sept. 12). And in a Sept. 3 speech in Scranton, President Bush “cited the tale of Carbondale physician Neal Davis … Dr. Davis, a longtime family practitioner, stopped delivering patients’ children in January because he could no longer afford obstetrics insurance.” The result, said Bush, was that “then-expectant mother Mary Coar of Honesdale [was] out in the cold”; she wound up driving 50 miles each way to see different doctors. (Chris Burk, “Bush stresses liability reform by tale of Carbondale doctor”, Scranton Times Tribune, Sept. 4). More on Pa. malpractice: Jul. 16, May 20, Jan. 18, 2004; Sept. 12 and Jul. 23, 2003, etc.
Coors shareholder? Operators are standing by
“A New York-based class-action law firm is trolling the Internet for Coors shareholders concerned that they will be financially hurt by the company’s proposed marriage to Molson.” Manhattan attorneys Ronen Sarraf and Joseph Gentile posted a message on a Yahoo financial urging “upset Coors shareholders to send their grievance to an e-mail address. The message goes on to say: ‘An attorney will get in touch with you.'” The message boards “can be a good place to win business, [Sarraf] said. … ‘As for intensifying any dislike the public has against lawyers, there is very little one can do about that'”. (Tom McGhee, “Lawyers on Net seek investors worried by deal”, Denver Post, Jul. 27)(via Colorado Civil Justice League).
9/11 fund may have been a mistake
Even Ken Feinberg, the man who ran it, acknowledges as much. Must-read column from Boston Globe columnist Jeff Jacoby (“Why the 9/11 fund was a mistake”, Sept. 27). One remarkable passage among many:
“You would get situations like this,” Feinberg said. ” `Mr. Feinberg, I’m the brother of the victim. Don’t let my sister get a nickel. The victim hated his sister, trust me.’ Then the sister comes in. `Is my brother spreading rumors. . .? My [deceased] brother and I loved each other.’
“Or: `Mr. Feinberg, I’m the biological parent of my son who was killed. Don’t you dare give the fiancee any money. That marriage was never going to take place.’ Then the fiancee comes in. `We were going to be married on October 11th.’ And you go back to the biological parent. `They were going to be married October 11th. You threw a shower for them. You said you were gaining a daughter, not losing a son.’ `Yeah, but on Sept. 10, my son told me it was off.’ “