| Other resources: Websites “Freedom of Speech vs. Workplace Harassment Law” (highly informative site maintained by Prof. Eugene Volokh, UCLA Law School) Organizations Books The shelf of books critical of the overreach of harassment law got at least three important additions in 1999. Daphne Patai of the University of Massachusetts, known already as a co-author of Professing Feminism: Cautionary Tales From the Strange World of Women’s Studies, published Heterophobia: Sexual Harassment and the Future of Feminism. Cathy Young, columnist for the Detroit News, published Ceasefire: Why Women and Men Must Join Forces to Achieve True Equality. And Joan Kennedy Taylor, associated with the Cato Institute, published What to Do When You Don’t Want to Call the Cops: Or a Non-Adversarial Approach to Sexual Harassment. (Also see our editor’s 1997 contribution, The Excuse Factory.)
Filed under: ACLU, Alaska, Chrysler, Connecticut, Detroit, Europe, free speech, harassment law, Illinois, Massachusetts, Philadelphia, The Excuse Factory, Title IX, zero tolerance
Archived entries before July 2003 can also be found here.
2002: “‘Resounding victory’ for Microsoft“, Nov. 4-5; “Microsoft case and AG contributions“, Apr. 3-4 (& Apr. 15); “‘Judge orders God to break up into smaller Deities’“, Feb. 8-10.
2001: “Columnist-fest” (proposed settlement), Nov. 27; “Two views of Microsoft ruling“, July 2; “Microsoft v. Goliath” (Robert Samuelson essay), May 30; “Debate on Microsoft case” (Hazlett vs. Auletta), Mar. 2-4.
2000: “Microsoft wins one” (no direct Supreme Court review), Sept. 27-28; “‘A perverse use of antitrust law’“, Sept. 8-10; “Lenzner: ‘I think what we do is practice law’” (Oracle scandal), July 28-30; “Oracle did it“, June 28; “Cash for trash, and worse?“, June 26; “Jeff MacNelly, RIP” (three good cartoons), June 9-11; “Judge cracks wish bone“, June 8; “Microsoft opinion: the big picture“, May 12; “Microsoft case: commentators” (Samuelson, Tom Watson, Kinsley), April 19; “Bill Gates and the Nasdaq: why didn’t the Munchkins sing?“, April 13; “Krugman on MS: his ‘blood runs cold’“, April 11; “Silicon siege“, April 7-9; “Columnist-fest” (Larry Kudlow on $80B drop in MS stock evaluation), April 6; “Microsoft violated antitrust law, judge rules“, April 4; “Microsoft Windows downgrade” (parody site), March 27; “Hiring talent from the opposing camp” (co. hires prominent plaintiff’s lawyer Steven Berman), Feb. 28; “Microsoft temps can sue for stock options“, Jan. 11 (& see Feb. 17; letters, Dec. 20).
1999: “In race to sue Microsoft, some trip“, Dec. 23-26; “Roundup“, Dec. 3-5; “‘Actions without class’“, Dec. 2; “Class actions vs. high-tech“, Nov. 23; “Vice President gets an earful“, Nov. 22; “Roundup“, Nov. 17; “Fins circle in water“, Nov. 13-14; “Roundup“, Nov. 11; “Guest editorials“, Nov. 8; “Why doesn’t Windows cost more?“, Oct. 27; “Are you sure you want to delete ‘Microsoft’?“, Oct. 11; “The ‘we sue Microsoft’ business plan“, Aug. 31, 1999 (& update, Nov. 30, 2000).
Filed under: antitrust, technology
Tipple your way to court, 2003: “Shouldn’t have let him get so drunk” (Australia), May 12. 2002: “‘Woman freezes; sues city, cabbie’“, Sept. 18-19; “Wasn’t his fault for lying drunk under truck“, Aug. 16-18; “Hey, no fair talking about the pot” (highway rollover), Apr. 12-14; “European workplace notes” (employer responsible for vodka overdose), Feb. 25-26; “‘Drunken Driver’s Widow Wins Court’s OK To Sue Carmaker’“, Feb. 25-26. 2001: “‘Teen hit by train while asleep on tracks sues railroad’“, Dec. 12; “‘Man suing after drunken driving crash’“, Aug. 20-21; “Don’t rock the Coke machine“, Jul. 20-22; “Court says tipsy topless dancer can sue club“, Jul. 3-4; “Jury: drunk driver hardly responsible at all for fatal crash“, Jun. 15-17; “It was the bar’s fault“, Apr. 13-15; “‘Court upholds workers compensation for drunk, injured worker’“, Apr. 6-8; “‘Woman who drove drunk gets $300,000’” (Ontario), Feb. 7-8 (& see Sept. 24, second case: $18 million); “‘All you can drink’ winner sues over fall“, Jan. 31-Feb. 1. 2000: “Zapped pylon-climber sues liquor-servers, utility“, March 6. 1999: “Personal responsibility wins a round” (judge rejects case from Pa. man who got drunk and climbed high voltage catenary), Sept. 17-19.
Maybe crime does pay, 2003: “‘Robber sues clerk who shot him during holdup’“, May 6; “Not an April Fool’s joke“, Apr. 1; “‘Burglars to be banned from suing victims’” (U.K.), Mar. 10-11; “‘Family of electrocuted thief gets $75,000’“, Feb. 26; “Tried to outrun Coast Guard in chase“, Feb. 14-16; “‘No suits by lawbreakers, please’“, Jan. 27-28 (& Jan. 31-Feb. 2). 2002: “‘Mom who drugged kids’ ice cream sues’“, Nov. 1-3; “‘Patient sues hospital for letting him out on night he killed’” (Australia, psychiatric case), Oct. 16-17; “‘Crime pays for teenage lout’” (Australia), Sept. 3-4; “‘After stabbing son, mom sues doctors’“, May 31-Jun. 2; “‘Barbed wire might hurt burglars, pensioner warned’“, May 28-29; “Hospital rapist sues hospital“, May 22-23 (& Mar. 5-7, 2003: court dismisses case); “Lawyers say taxpayers owe $41 million to smuggled illegals’ survivors“, May 10-12; “L.A. police sued, and sued” (by family of gunman killed in shootout), Apr. 12-14; “Should have arrested him faster” (frostbite in the open), Mar. 1-3; “Vandal’s dad sues store over blaze“, Feb. 6-7; “Paroled prisoner: pay for not supervising me“, Jan. 4-6. 2001: “Firefighter’s demand: back pay for time facing criminal rap“, Aug. 29-30; “‘Man suing after drunken driving crash’“, Aug. 20-21; “‘Criminals could sue their victims’” (U.K.), July 26; “‘Woman who drove drunk gets $300,000’” (Ontario), Feb. 7-8; “Crime does pay” (Denver burglar shot by police gets $1.2 million), Feb. 2. 2000: “‘Burglar sues for compensation’” (Australia), Nov. 21 (& see Apr. 1-2, 2002); “‘Fla. DUI Teen Sues Police’” (should have arrested him, he argues), Nov. 14; “Killed his mother, now suing his psychiatrists“, Oct. 2; “Not my fault, I” (woman who murdered daughter sues psychiatrists), May 17; “$65 million Texas verdict: driver at twice the legal blood limit” (drunk driver’s estate sues automaker), March 28; “From the labor arbitration front” (disallowed firing of employee who pleaded no contest to larceny), March 28; “Crime does pay, cont’d” (North Hollywood, Calif. bank robber killed in police shootout), Feb. 23 (& update March 23: mistrial declared after jury deadlock in suit by robber’s family); “County to pay ‘mountain man’ burglar $412,500“, Feb. 15. 1999: “‘Two men shot in suspected drug deal win $1.7 million’“, Dec. 15 (& update June 6, 2001: appeals court overturns); “California’s worst?” (bank robber sues after hidden tear-gas device goes off in loot), Dec. 14; “Drunks have rights, too“, Dec. 1 (& update Jul. 24-25, 2000: appeals court throws out award). See also our editor’s article on New York’s “mugger millionaire” case.
Pools & swimming, 2003: “‘Lawyers spoil fun’” (Ga. water park), May 19; “‘Florida jury awards $100M for pool accident’“, Feb. 13. 2002: “Australia’s litigation debate“, May 24-26. 2001: “Australian roundup” (bodysurfer), Nov. 23-25; “Needed: assumption of risk“, Jul. 27-29. 2000: “‘How’s the pool?’” (Las Vegas Strip’s Frontier Hotel recommended for its pre-big-lawsuits deep end), Feb. 23; “Latest shallow-end pool dive case“, Jan. 24. 1999: “Razor wire on the pool fence” (homeowner finds it too big a legal risk to let local kids swim), Jul. 27. “Should have watched his step answering call of nature“, Mar. 8-9, 2003.
Couldn’t help eating it, 2003: “Give me my million“, Jun. 20-22; “Judge tosses McDonald’s obesity case“, Jan. 23 (& Jan. 27-28); “Anti-diet activist hopes to sue Weight Watchers“, Jan. 13-14. 2002: Letter to the editor, Oct. 23; “Claim: docs should have done more to help woman quit smoking and lose weight“, Sept. 18-19; “Personal responsibility roundup“, Sept. 12; “Fat suits, cont’d“, Jul. 26-28; “‘Ailing man sues fast-food firms’“, Jul. 25; “Sin-suit city“, Jun. 10; “McArdle on food as next-tobacco“, May 27; “‘Targeting “big food”‘“, Apr. 29-30; “Life imitates parody: ‘Whose Fault Is Fat?‘”, Jan. 23-24. 2001: “‘Diabetic German judge sues Coca-Cola for his health condition’“, Nov. 18. 2000: “‘Caffeine added to sodas aims to addict — study’“, Aug. 18-20. 1999: “Toffee maker sued for tooth irritation“, Nov. 5-7; “Not just our imagination” (calls for class-action suits against fast-food, meat purveyors), Sept. 25-26.
Warning labels and disclaimers, 2003: “‘Wacky Warning Label’ winners“, Jan. 13-14. 2002: “Satirical-disclaimer Hall of Fame” (Australian humor magazine), Oct. 28-29; “‘Warning …’” (Dave Barry humor column), Aug. 16-18; “Read the label, then ignore it if you like” (flammable carpet adhesive), Jul. 12-14; “Pitcher, hit by line drive, sues maker of baseball bat“, Apr. 19-21; “Injured in ‘human hockey puck’ stunt“, Mar. 18; “‘Before you cheer … “Sign here”‘“, Mar. 15-17; “Didn’t know cinema seats retracted“, Feb. 13-14; “Warning on fireplace log: ‘risk of fire’“, Jan. 25-27. 2001: “Et tu, UT?” (Utah will not enforce parent-signed release forms for children), Nov. 16-18; “Disclaimer rage?“, Oct. 15; “Needed: assumption of risk“, Jul. 27-29; “Quite an ankle sprain” (failure to warn of gopher holes in parks), Apr. 20-22; “‘Wacky Warning Label’ winners“, Jan. 19-21. 2000: “Columnist-fest” (Girl Scout horseback riding disclaimer), Apr. 6; “Rise of the high school sleepover disclaimer“, Mar. 22; “From our mail sack: skin art disclaimers” (tattoo consent form), Mar. 1; “Weekend reading: columnist-fest” (Laura Pulfer on warning labels), Feb. 5-6; “Never iron clothes while they’re being worn” (Wacky Warning Label contest winners), Jan. 18 (& letter to editor, Jan. 21-23). 1999: “Christmas lawyer humor” (Yuletide greetings consisting entirely of disclaimers), Dec. 23-26; “Weekend reading” (disclaimers “creeping into nearly every aspect of American life”), Jul. 31-Aug. 1.
Blamed for suicides, 2003: “‘No suits by lawbreakers, please’“, Jan. 27-28 (& Jan. 31-Feb. 2). 2002: “The blame for suicide“, Sept. 25-26; “‘Addictive’ computer game blamed for suicide“, Apr. 3-4. 2001: “Utah: rescue searchers sued“, Nov. 26, 2001; “‘Shooting range sued over suicide’“, Sept. 27; “$3 million verdict for selling gun used in suicide“, Sept. 17; “‘Suicide- Attempt Survivor Sues’” (department that issued cop his gun), Jan. 24-25.
Excuse syndromes, 2002: “Blue-ribbon excuses” (sex on train), Oct. 7-8; “So depressed he stole $300K“, Mar. 19; “Rough divorce predisposed him to hire hitman“, Feb. 13-14. 2001: “Stories that got away” (multiple-personality defense), Jul. 23; “‘Pseudologica fantastica’ won’t fly” (judge’s fibs on resume), Jun. 7 (& Aug. 20-21); “Judge buys shopaholic defense in embezzling“, May 25-27; “The malaria drug made him do it“, Mar. 28. 2000: “Blue-ribbon excuses” (baked goods mutilator, lawyer pleading incompetent self-representation), Oct. 6-9; “Predestination made him do it” (Pope’s assassin and Fatima prophecy), June 6; “Victim of the century?” (misbehaving school principal collects disability benefits for sexual compulsion), Jun. 2-4; “Prozac made him rob banks“, Mar. 1; “Blue-ribbon excuse syndromes“, Feb. 12-13; “Latest excuse syndromes“, Jan. 13-14. 1999: “Doctor sues insurer, claims sex addiction“, Oct. 13. “Lightning bolt in amusement park’s parking lot“, Jun. 23, 2003; “‘Woman attacked by goose sues county’“, Jan. 27-28, 2003; “Quite an ankle sprain” (watch where you’re going in parks), Apr. 20-22, 2001. “MIT sued over student’s nitrous-oxide death“, Feb. 25, 2003; “By reader acclaim: ‘Parents file suit over student’s drug death’” (abuse of Oxycontin), Jul. 25, 2001. “Take care of myself? That’s the doc’s job“, Feb. 14-16, 2003; “Claim: docs should have done more to help woman quit smoking and lose weight” (Pa.), Sept. 18-19, 2002. “Satirical-disclaimer Hall of Fame” (Australian humor magazine), Oct. 28-29, 2002; “Tobacco: Boeken record” (The Onion parody), June 19, 2001; “Jury orders ‘Big Chocolate’ to pay $135 billion to obese consumers” (parody), Aug. 3, 2000; “This side of parodies” (fictional account of self-inflicted icepick injury), Oct. 5-6, 1999. Sports risks: “Sis-Boom-Sue” (cheerleading), Jan. 15-16, 2003; “Skating first, instructions later“, Sept. 25-26, 2002; “Pitcher hit by line drive sues maker of baseball bat“, Apr. 19-21, 2002; “Australian roundup” (Perth bodysurfer), Nov. 23-25, 2001; “Needed: assumption of risk” (baseball thrown into stands, skydiving), July 27-29; “‘Lawsuits could tame ski slopes’“, Feb. 6, 2001; “Promising areas for suits” (foul-ball cases and other stadium injuries), Dec. 7, 2000; “Teams liable for fans’ safety” (Colorado: hockey puck hit into stands), Aug. 15; “‘Skydivers don’t sue’“, May 26-29; “Trips on shoelace, demands $10 million from Nike“, April 7-9, 2000. Gambling: Letter to the editor, Oct. 23; “Personal responsibility roundup“, Sept. 12, 2002; “Sin-suit city“, Jun. 10; “‘Next tobacco’ watch: gambling“, May 20-21, 2002 (& May 31); “‘Gambling addiction’ class action” (Quebec), June 20, 2001.
Hot beverages: “Litigation good for the country?” (Carl T. Bogus), Aug. 19, 2002; “British judge rejects hot-drink suits“, Mar. 29-31, 2002 (& Aug. 10, 2000); “By reader acclaim” (Illinois case; complainant sues mother), Jan. 11, 2001; “‘Court says warning about hot coffee unnecessary’” (Nevada Supreme Court), Jul. 18, 2000; “Now it’s hot chocolate“, Apr. 4, 2000. “‘Family of boy injured by leopard may sue’“, Jul. 18, 2002; “Skinny-dipping with killer whale: ‘incredibly bad judgment’“, Sept. 21, 1999 (Oct. 7 update: case dropped). “Wasn’t his fault for lying drunk under truck“, Aug. 16-18, 2002; “‘Win Big! Lie in Front of a Train!’“, Jun. 26-27, 2002 (& Jul. 12-14); “Australian roundup” (graffiti artist on train), Nov. 23-25, 2001; “Hit after laying on RR tracks; sues railroad“, Oct. 23, 2001. “‘Man awarded $60,000 for falling over barrier’“, Mar. 5, 2002. “Utah: rescue searchers sued“, Nov. 26, 2001. “Suit blames drugmaker for Columbine“, Oct. 24-25, 2001. “Mosh pit mayhem“, Sept. 7-9, 2001. “Urban legend alert: six ‘irresponsibility’ lawsuits“, Aug. 27-28, 2001. “Don’t rock the Coke machine“, Jul. 20-22, 2001. “Tobacco: Boeken record“, June 19, 2001.
Scary!: “From dinner party to court” (U.K. hypnotist), May 22, 2001; “Hypnotist sued by entranced spectator“, March 3-14, 2001; “Girl puts head under guillotine; sues when hurt“, March 8, 2000; “Haunted house too scary“, Jan. 6, 2000; “‘Scared out of business’” (decline of community Halloween haunted houses), Nov. 5-7, 1999. Stop having fun (children’s recreation): see schools page. “Tendency of elastic items to recoil well known“, Mar. 6, 2001. “By reader acclaim” (sues alleged crack dealers over own addiction), Jan. 11, 2001. “Smoker’s suit nixed in Norway“, Dec. 18-19, 2000; “Personal responsibility takes a vacation in Miami” (Engle tobacco verdict), July 8, 1999. “Highway responsibility” (Derrick Thomas suit), Nov. 28, 2000. “Fat tax proposed in New Zealand“, Oct. 31, 2000. “More things you can’t have: raw-milk cheeses“, Oct. 3, 2000; “More things you can’t have” (unpasteurized cider, New England square dances), Sept. 27, 1999; “More things you can’t have” (rare hamburgers, food sent to summer camp), August 9, 1999. “Smoking and responsibility: columnists weigh in” (after Florida verdict), Jul. 28-30, 2000. “‘”Whiplash!” America’s most frivolous lawsuits’” (book collects cases), Jul. 14-16, 2000. “Inmate: you didn’t supervise me” (horseplay alone in cell), Jul. 7, 2000. “Can’t sue over affair with doctor” (court rules it was consensual), Jun. 13, 2000. “Risky? Who’da thunk it?” (currency speculator sues over losses), Jun. 9-11, 2000. “‘Jury awards apparent record $220,000 for broken finger’” (hurt while dancing), May 22, 2000. “Videogame maker agrees to furnish safety gloves“, Mar. 13, 2000. “Letourneau scandal: now where’s my million?” (boy sues), Apr. 20, 2000. “All dressed up“, Apr. 19, 2000. “Down repressed-memory lane I: costly fender-bender” (eggshell-psyche plaintiff), Dec. 29-30, 1999. “Down repressed-memory lane II: distracted when she signed” (separation agreement), Dec. 29-30, 1999. “GM verdict roundup” (lawyers shift drunk drivers’ responsibility to automakers), Dec. 16, 1999; “Drunks have rights, too“, Dec. 1, 1999. “Rolling the dice (cont’d)” (Internet gambler sues credit card companies that advanced him money), Dec. 7, 1999; “Rolling the dice” (same), Aug. 26, 1999. “Responsibility, RIP” (columnist Mona Charen), Nov. 2, 1999. “The art of blame” (death of child left in hot van), Oct. 20, 1999. “Nominated by reader acclamation” (killer’s parents sue school district, lawmen for failing to prevent Columbine massacre), Oct. 18, 1999. “Block PATH to lawsuits” (fall out of tree in yard, sue your employer), Sept. 1, 1999. “To restore individual responsibility, bring back contract principles” (Cato Institute paper by Prof. Michael Krauss), Aug. 16, 1999. “Somebody might trip” (NYC condemns prints-of-the- Hollywood-stars sidewalk as slip hazard), Aug. 13, 1999. “All have lost, and all must have damages” (huge award to salesman who hawked bad insurance policies since he’s a victim too), Aug. 3, 1999.
Through much of American history, courts discouraged lawsuits arising from risks that individuals were deemed to have assumed in the course of going about familiar activities, such as the risk of being thrown while horseback riding, of slipping on toys underfoot while visiting a house with children, or of being hit with a foul ball while attending a ball game. (Stored search on “assumption of risk”: Google, Alta Vista). Under the doctrine of “contributory negligence”, they often dismissed, as a matter of law, cases where a complainant’s own negligence had helped cause an accident. They were even less likely to entertain cases in which someone’s knowing or deliberate dereliction had placed him in physical peril, such as cases in which people sue over injuries sustained in the course of committing crimes or attempting suicide. And finally, they gave broad respect to express contractual disclaimers or waivers of liability: if a party was on notice that the other side in a transaction wasn’t willing to assume a responsibility, it wouldn’t be easy to tag them later with that responsibility in court. By the 1950s all these old barriers to liability had come under sustained attack in the law schools, where they were viewed as insulating defendants’ misconduct from legal scrutiny and impeding the forward march of liability law as a (high-overhead) variety of social insurance. Most states moved from contributory negligence to comparative negligence, which allows a plaintiff whose negligence helped cause an accident to sue over it anyway, though for a reduced recovery. Waivers and disclaimers began to be struck down as unconscionable, against public policy, not spelled out with sufficient clarity, etc. And assumption of risk was whittled down by way of a dozen techniques: the most influential torts scholar of the postwar period, William Prosser, took the view that “that implied reasonable assumption of risk should not be allowed to reduce a plaintiff’s damage in any way” (Chase Van Gorder, “Assumption of Risk Under Washington Law“). The result is today’s American legal environment in which plaintiffs routinely try their luck at suits after being injured climbing high-voltage utility structures while drunk, skinny-dipping in icy pools with captive killer whales, trying “wheelies” and other stunts on industrial forklifts, and smoking for decades. Some of these suits succeed at obtaining settlements while others fail, and it’s important to bear in mind that assumption of risk and related doctrines have not disappeared entirely. Their general decay, however, has been important in bringing us today’s hypertrophy of such areas of law as premises liability, product liability and recreational liability. The website of attorney D. Pamela Gaines has useful resources on assumption of risk as it applies to such areas as premises liability, recreation and amusement parks. At the International Mountain Bicycling Association site, Tina Burckhardt explains “recreational use statutes” which grant some protection from liability lawsuits to landowners who allow free recreational use of their property.
Filed under: arbitration, assumption of risk, Australia, baseball, Coca-Cola, Colorado, Denver, divorce, electrocution, Europe, firefighters, Germany, haunted house, hospitals, Illinois, New Zealand, Norway, personal responsibility, prisoners, swimming, tobacco, Utah
Archived entries before July 2003 can also be found here.
2003: “Mold — to the highest bidder!“, Jun. 23.
2002: “‘Doctors find no evidence of mold as a toxic disease’“, Sept. 23; “Judge questions ‘shotgun’ naming of 282 defendants in trailer-mold case“, Aug. 21; “The rewards of growing mold together“, May 9; “Mold sweepstakes: You May Already Be a Winner“, Apr. 25 (& update May 21, 2003).
2001: “Plastic cup blamed for child’s autism“, Apr. 9; “Mold wars, cont’d“, Mar. 2-4.
2000: “Spread of mold law“, Oct. 10.
Filed under: environment, mold
Archived entries before July 2003 can also be found here.
“Next: Mercedes sues Merced, Calif.” (Volvo v. Volo Car Museum), Jun. 24; “‘Illegal art’“, Feb. 13; “We own e-commerce“, Feb. 4-5. 2002: “Using his own name a legal risk” (Bill Wyman), Dec. 13-15; “Macaulay on copyright law“, Oct. 14; “Skittish at Kinko’s” (won’t make copies of customer’s own published writing), Jul. 26-28; “Stolen silence?” (John Cage composition), Jul. 19-21; “Law blogs“, Jul. 3-9; “‘Top ten new copyright crimes’” (satire), Jun. 3-4; “‘A fence too far’” (Hollings bill), May 20-21; “ReplayTV copyright fight“, May 6; “A DMCA run-in” (linking to copyright violation), Apr. 16-17; “Intel Corp. versus yoga foundation“, Apr. 1-2; “Web speech roundup“, Mar. 25-26; “I’ve got a legally protected bunch of coconuts“, Mar. 13-14; “British Telecom claims to own hyperlinks“, Feb. 13-14 (& Oct. 1-2); “Overlawyered film sets“, Feb. 8-10; “‘”Let’s Roll” Trademark Battle Is On’“, Feb. 4-5 (& Feb. 11-12); “‘Aborigines claim kangaroo copyright’“, Feb. 1-3. 2001: “Bioterror unpreparedness” (antibiotic Cipro), Nov. 28; “Byways of IP law” (cat-walker patent), Nov. 7-8; “‘Mother of all copyright battles’” (Sesame Street v. Osama bin Laden?), Oct. 15; “Radio daze” (service mark), Aug. 31-Sept. 2; “‘Trolling for dollars’” (patent enforcement), Aug. 29-30; “‘Jailed under a bad law’” (DMCA, Sklyarov case), Aug. 27-28; “‘Girl from Ipanema is sued over the song she inspired’“, Aug. 15; “‘Melbourne man patents the wheel’“, Jul. 24; “Stories that got away” (DMCA), July 23; “Domain- name disputes are busting out all over“, June 29-July 1; “Barney’s bluster“, Jun. 25 (& “Welcome Slashdot readers“, July 5); “Mich. lawyer’s demand: get my case off your website” (“Love Your Neighbor”), Jun. 20 (& letter to the editor, July 6); “Intellectual- property dispute Hall of Fame” (dueling bra balls), June 6; Maori tribes v. Lego“, June 4; “‘Gone with the Wind’ parody case“, May 25-27; “Fortune on Lemelson patents“, May 10 (& see Feb. 11-12, 2002; Jan. 19-21, 2001 (checkout scanners); Aug. 28-29, 1999); “Value of being able to endure parody without calling in lawyers: priceless” (MasterCard), April 25; “Patenting the Web?“, April 3-4; “Trademark litigation hall of fame” (“Love Your Neighbor” vs. “Love Thy Neighbor”), April 3-4; “Scientologists vs. Slashdot“, March 19-20; “Can you own common words?“, Mar. 7-8; “‘Top jury awards soar in 2000’” (IP leads trend), Feb. 23-25; “By reader acclaim: patented PB&J“, Jan. 30 (& letter to the editor, Feb. 12, discussion in columns, May 1); “Someone might get confused” (Pillsbury claims infringement from tech engineers’ use of “bake-off”), Jan. 22-23; “In the gall department” (Napster sues alleged trademark infringer), Jan. 11. 2000: “Judge shopping, cont’d” (Rambus vs. Hyundai), Nov. 16; “CueCat’s legal claws“, Oct. 20-22; “Web-copyright update: ‘Dialectizer’ back up, ‘MS-Monopoly’ down“, Aug. 16-17; “eBay yanks e-meter auctions” (copyright claim), May 3; “Furor just one click away” (Amazon patent), March 21. 1999: “More assertions of link liability” (DVD hack), Dec. 31; “For this we gave up three months of our lives?” (jury hears abstruse patent dispute), Oct. 20; “Copyright and conscience” (goodbye to “Dysfunctional Family Circus”), Oct. 7.
Filed under: copyright, Jerome Lemelson, patent litigation, technology, trademarks
Archived entries before July 2003 can also be found here.
2003: “‘Suit seeks to keep elephant at L.A. zoo’“, May 16-18 (& update Jun. 2); “Pigs’ right not to be bored” (EU), Feb. 26; “Pet custody as legal practice area“, Feb. 17; “‘Grieve for Fido, but don’t litigate’“, Feb. 12.
2002: “Suit: schoolkids shouldn’t attend rodeo“, Oct. 24; “Officious intermeddlers, pet division” (chimps; lawyers intervene in divorces on behalf of couple’s cats and dogs), May 14-15; “Zoo asserts animals’ ‘medical privacy’“, May 8; “Lawyers for chimps?“, Apr. 29-30; “‘PETA Says It Will Sue New Jersey Over Deer/Car Accident’“, Feb. 25-26; “All things sentimental and recoverable“, Jan. 30-31.
2001: “‘North America’s most dangerous mammal’” (deer), Nov. 29; “Fight over dog’s disposition said to cost taxpayers $200K“, Nov. 21-22; “Harvard Law’s new Bob Barker program in animal rights“, Jul. 5.
2000: “Lab mice paperwork“, Oct. 26; “European roundup” (Swiss animal-rights initiative), Oct. 16-17; “‘Parody of animal rights site told to close’“, Jul. 3-4; “Compare and contrast: puppy’s life and human’s“, Jun. 22-25; “Suits by household pets?“, May 26-29; “From the dog’s point of view“, Feb. 8-9; “Down, attorney! Down!“, Feb. 1; “Weekend reading: columnist-fest” (Laura Pulfer on animal rights), Feb. 5-6.
1999: “Got milk? Get sued” (veggie lawsuit against milk in schools), Dec. 16; “Wide world of federal law enforcement” (“crush video” ban), Oct. 16-17; “Not just our imagination” (class action against “Big Meat”?), Sept. 25-26; “Polly in Margaritaville” (felony defendant charged with getting parrot tipsy), Aug. 2.
Filed under: animal rights, animals, crime and punishment, divorce, Europe, Harvard, law schools, New Jersey, Switzerland
Leasing liability: “‘Silver’s wreck’“, Jun. 9, 2003; “Auto-lease liability: deeper into crisis“, May 21; “‘Automakers may stop leasing vehicles in N.Y.’“, Mar. 12-14, 2003; “R.I.: No more cheap car leases?“, Aug. 26, 2002.
Romo v. Ford Motor Co.: “Update“, Jun. 2, 2003; “‘California Court Upholds $290 Million Injury Jury Award Against Ford’“, Oct. 24, 2002; “You read it here first“, Aug. 27, 2002; “Tainted by ’60 Minutes’“, Sept. 17-19, 1999; “The dream verdict” (California Bronco award), Aug. 24, 1999.
“Steering the evidence” (DaimlerChrysler gets sanctions against lawyers for evidence and witness tampering), May 23, 2000 (& updates Jun. 26, 2000, Mar. 17, 2003). “‘The Lawyers Are Lurking Over S.U.V.’s’“, Jan. 9, 2003.
Tires: “Blaming murder on flat tire“, Jun. 4-5, 2003; “Hey, no fair talking about the pot” (rollover), Apr. 12-14, 2002; “‘Plaintiff’s lawyers going on defense’” (Reaud represents Bridgestone Firestone), Oct. 9, 2001; “‘Lawyers put profit before lives’“, June 28; “Trial lawyers knew of tire failures, didn’t inform safety regulators“, June 25 (& letter to the editor, July 6); “Big numbers” (Continental General Tire, Cooper Tire), April 16, 2001; “Product liability criminalized?“, Oct. 20-22, 2000; “Hasty tire judgments“, Oct. 16-17; “Who caught the tire problem?“, Sept. 15-17; “‘Feeding frenzy over Firestone’“, Sept. 11, 2000. “Ford didn’t push pedal extenders, suit says“, Feb. 27-28, 2002 (& letter to the editor, Apr. 11). “‘Drunken Driver’s Widow Wins Court’s OK To Sue Carmaker’” (VW), Feb. 25-26, 2002. “Chrysler dodges a $250 million dart“, Dec. 7-9, 2001; “Miami jury to Ford: pay $15 million after beltless crash“, Sept. 24, 2001. “Disclaimer rage?” (GPS software), Oct. 15, 2001. “When trial lawyers help redesign cars” (Thornburgh on GM trucks), Aug. 6, 2001. Airbags: “‘Airbag chemical on trial’“, Aug. 14, 2000; “Deflated“, May 16, 2000; and see Oct. 20-22, 2000 (Henry Payne cartoon). “Drive 60K miles, collect $273K“, Jan. 9, 2001; “Tales from the tow zone” (verdict against Chrysler), Oct. 31, 2000. “Highway responsibility” (GM sued in Derrick Thomas speeding-on-ice crash), Nov. 28, 2000. “Product liability criminalized?“, Oct. 20-22, 2000. “Target Detroit” (mass litigation; S.U.V.’s; class action firm countersues DaimlerChrysler and exec personally), Jul. 19-20, 2000; “Turning the tables” (DaimlerChrysler sues class action lawyers), Nov. 12, 1999. “Nader on the Corvair“, July 13, 2000; “Nader, controversial at last“, June 13, 2000; “Deflated“, May 16, 2000. “Sudden deceleration” (NHTSA rejects petition for sudden-acceleration probe), Jun. 6, 2000. “‘Saints, sinners and the Isuzu Trooper’“, April 14-16, 2000; “Verdict on Consumer Reports: false, but not damaging” (Isuzu v. Consumers Union), Apr. 10, 2000. “$65 million Texas verdict: driver at twice the legal blood limit” (drunk driver’s estate sues Honda over seat belt), Mar. 28, 2000. “‘Motorists speed more, but fewer die’“, Feb. 19-21, 2000. “GM verdict roundup” (Anderson v. General Motors fallout continues), Dec. 16, 1999; “L.A. judge cuts award against GM to $1.2 billion“, Aug. 27, 1999; “In L.A., redesigning the Chevy” ($5 billion Malibu gas tank verdict), Jul. 10, 1999 (& see update Aug. 3, 2003, case settled on undisclosed terms). “Toshiba and Ford, in the same boat“, Dec. 2, 1999. “‘Wretched excesses of liability lawsuits’” (David Boldt, Philadelphia Inquirer), Nov. 29, 1999. “Responsibility, RIP” (columnist Mona Charen), Nov. 2, 1999. “Zone of blame” (policeman shot in his cruiser, automaker sued), Oct. 27, 1999. “Rhode Island A.G.: let’s do latex gloves next” (speed governors on cars), Oct. 26, 1999. “The art of blame” (Ford sued after child left in parked van in sun dies of overheating), Oct. 20, 1999. “Demolition derby for consumer budgets” (class action against State Farm over generic crash parts), Oct. 8, 1999. “Yes, it is personal” (automotive engineers take design-defect suits as personal accusations), Oct. 7, 1999. “Too many games at GM?” (Atlanta ruling on Ivey memo controversy), September 10, 1999. “Do as we say (II): gun-suit hypocrisy in Detroit” (gun- and automakers both sued after criminal misuse of their products), Aug. 30, 1999.
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[additional essay on auto design liability here]
Filed under: Atlanta, autos, Chrysler, Detroit, Ford Motor, General Motors, governors, Philadelphia, Rhode Island, State Farm
Archived entries on probate/estate law before July 2003 can also be found here.
2003: “Probate’s misplaced trust” (Washington Post series), Jun. 16-17. 2002: “Lawyers swallow lion’s share in estate dispute” (Australia), Feb. 18-19. 2001: “New York guardianship scandals“, Dec. 20 (& Jan. 12, 2000); “‘Lawyers pay price for cruel hoaxes’” (phony heirs), Aug. 3-5 (& Nov. 29, 2000, Apr. 10, 2001); “Estate law temptations“, Jul. 6-8; “Write a very clear will” (Jerry Garcia, James Mason, H.J. Lutcher Stark), May 14. 2000: “$1.5 million estate bill included 900 hours spent on fees“, Sept. 8-10. 1999: “Weekend reading: evergreens” (St. Petersburg Times Pulitzer series), Dec. 3-5; “From the evergreen file: L.A. probate horror” (estate of art collector Fred Weisman), Nov. 20-21; “Weekend reading: evergreens” (Denver probate nightmare), Oct. 23-24; “State of legal ethics” (lawyers advertise to stir up will-contest litigation), Oct. 5-6.
Filed under: Australia, Denver, family law
“New Orleans cleanup continues“, Jun. 10-11, 2003. “Mississippi investigation heats up“, May 7, 2003; “‘Oxy Morons’“, May 30, 2002; “Trial lawyers vs. OxyContin“, Aug. 7-8, 2001; “Target: Alka-Seltzer” (phenylpropanolamine, PPA), April 6-8, 2001 (& Dec. 18, 2001). “‘Streets strewn with glass, gold’“, May 4-5, 2003. “Thrill of the chase“, Mar. 4, 2003. “Client-chasing: we interrupt your grief“, Feb. 21-23, 2003. “Client-chasing: tantrum-enablers“, Feb. 21-23, 2003. “Politico’s law associate suspended over ‘runner’ use” (Louisiana), Feb. 14-16, 2003. “Targeting Wall Street“, Jan. 30, 2003. “Lawyers’ advertising, 25 years later“, Dec. 23, 2002. Websites, 2003: “Slip, fall, learn who to blame“, Feb. 4-5. 2002: “Trial lawyers vs. Thimerosal“, Dec. 20-22; “Sic ’em on Segway“, Aug. 1; “Jury nails ‘The Hammer’” (MillionDollarLungs.com, CPalsy.com), Jun. 17-18. 2001: “Trial lawyers vs. OxyContin“, Aug. 7-8; “Letter to the editor” (fallingmerchandise.com), May 18. 2000: “Down, attorney! Down!” (dogbitelaw.com), Feb. 1. 1999: “‘Some lawyers try to make nice’” (Egypt Air 990), Nov. 29; “Click here to sue!” (AOL volunteers), Sept. 7; “Click here to sue!” (“employee misclassification”), Aug. 19. “After our own heart” (coach attacked by fans solicited to sue baseball club), Sept. 27-29, 2002. “Patriotic, or promotional?” (billboard), Sept. 13-15, 2002. “Jury nails ‘The Hammer’” (jury finds lawyer’s ads false and misleading in legal-malpractice case), Jun. 17-18, 2002. “‘Friends don’t let friends plead guilty’” (lawyer’s slogan), May 13, 2002. “The lawyers who invented spam“, Mar. 29-31, 2002. “Texas docs plan walkout”, Mar. 15-17, 2002; “A ‘Jenny Jones Show’ question“, Mar. 12, 2002; “For client-chasers, daytime TV gets results“, Dec. 18, 2001.
“‘Halliburton shares plunge on verdict’” (“million dollar lungs”), Dec. 10, 2001. “Profiling perfectly OK after all” (ACLU billboard solicits racial profiling plaintiffs), Nov. 16-18, 2001. “U.S. Muslims told: don’t talk to law enforcement” (by lawyer promoting his services), Oct. 29, 2001. “‘Company tried to capitalize on Sept. 11’“, Oct. 15, 2001. “Meet the ‘wrongful-birth’ bar“, Aug. 22-23, 2001. “‘Lawyer says Yellow Book ad makes him look bad, sues for damages’“, July 3-4, 2001; “Let your fingers do the suing” (Michigan’s “AAAA Legal Center“), Feb. 17, 2000; “The Yellow Pages indicator“, Oct. 9-10, 1999. “‘Insect lawyer ad creates buzz’” (Canadian law firm’s recruitment ad), May 23, 2001. “From dinner party to court” (U.K.), May 22, 2001. “Letter to the editor” (law firm “consumer columns”), May 18, 2001. “Behind the subway ads” (1-800-DIVORCE, etc.), Dec. 18-19, 2000.
“Scarier than they bargained for” (“grenades” sent as promotion), Oct. 5, 2000. “Press releases, or ‘strike suit’ ads?” (announcements of securities lawsuits), March 6, 2000. “‘Ambulance chaser’ label ruled defamatory” (appeals court says lawyer can sue), Jan. 24, 2000. “Free expression, with truth in advertising thrown in?” (injury lawyer flies Jolly Roger pirate flag), Dec. 31, 1999-Jan. 2, 2000. “Pack your toothbrush, son” (Alabama: charges of paying hospital, police employees for leads on cases), Dec. 20, 1999. “‘Some lawyers try to make nice’” (Ohio Bar ads), Nov. 29, 1999. “State of legal ethics” (ad stirring up will-contest litigation), Oct. 5-6, 1999. “Mass. high court opens lawyer-ad floodgates“, Sept. 17-19, 1999. “Like calling the Orkin man to talk about bugs” (Johnnie Cochran 18-page promotional bio at A.B.A. convention), August 10, 1999. “Honey, you’ve got mail” (Florida divorce-lawyer solicitations arrive before clients know they’re being divorced), July 15, 1999. “What a recommendation” (O.J. Simpson to cut TV ads for 1-800 lawyer referral service), July 6, 1999; see also Dec. 8-10, 2000 (Fla. battle over lawyer TV ads). “This time, bombing the taxpayer” (controversy over American attorney John Burris’ recruitment of embassy-bombing victims), Jul. 5, 1999. (More resources on same episode: Mike Kelly, Bergen Record, Apr. 18, 1999; Newsweek International, Apr. 12, 1999, links now dead.)
The annotated external links formerly present on this page are now here.
Filed under: ACLU, Alabama, baseball, Canada, chasing clients, divorce, hospitals, Louisiana, Michigan, Mississippi, Ohio
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