Reversing a state appeals court, the Louisiana Supreme Court has reinstated summary judgment in favor of a defendant manufacturer in the case of a 13-year-old injured while playing unsupervised with an oil pump, “finding that riding an oil-well pump like it was an amusement park ride was not a reasonably anticipated use of the pumping unit at the time of its manufacture in the 1950’s.” [Wajert; Payne v. Gardner, PDF; earlier]
Author Archive
Claim: Starbucks tip jars too tempting to thieves
Crestwood, Mo.: “The Starbucks coffee shop here should have known it was inviting trouble by placing a tip jar on an open counter, according to a wrongful-death lawsuit filed by the estate of a customer who died defending it.” Customer Roger Kreutz saw a teenager grab the jar and gave chase on foot; he was killed when the miscreant backed his car over him. Kreutz’s estate has now filed a suit alleging “that Starbucks ‘did not employ security to prevent the perpetration of such crimes’ and that it ‘invited the act of perpetration of said crime’ by having a tip jar.” [St. Louis Post-Dispatch]
Swiss sledders, skiers seldom sue
“The tree trunks, exposed banks and other hazards whizzing past represent a cornucopia of potential tort suits under U.S. law, yet somehow the Swiss manage to operate these runs without being sued into oblivion.” Dan Fisher at Forbes has a go at explaining why. More: Bill Childs, TortsProf (many U.S. states relatively protective of winter sports providers).
“No-show Norfolk employee says she was wrongly fired”
An employee who was kept on the Norfolk, Va. payroll for 12 years without being asked to come in to work has complained that she was wrongfully fired. The employee was originally suspended after misconduct allegations that her agency head for unclear reasons failed to get resolved; his successor dismissed her. [PilotOnline]
Minneapolis and DC readers; radio appearances
I’ll be speaking Thursday at 12:15 CST at the University of Minnesota’s Law School with Profs. Brad Clary and Oren Gross commenting, and Prof. Dale Carpenter moderating. The topic will be my new book “Schools for Misrule” with particular attention to its discussion of class actions and international law. Please do introduce yourself afterward if you happen to be there.
Back in Washington, D.C. at noon on Tuesday, Mar. 22, I’ll be speaking about my book at the Heritage Foundation, introduced by Todd Gaziano, director of Heritage’s Center for Legal & Judicial Studies. Details here. If you can’t watch in person, it’ll also be viewable online.
My radio tour in the past week has included appearances on Mike Rosen’s show on KOA Denver, Kevin Whalen’s on WRKO Boston, Steve Malzberg’s on WABC New York, Cam Edwards’ and Peter Schiff’s national shows, and Bill LuMaye’s show on WPTF Raleigh. To book me as a guest on your show, contact Bill Zeiser at bill.zeiser – at – gmail – dot – com.
“FTC Takes Aim at Patent Trolls”
The Federal Trade Commission “today released a 300-page report examining the effect that patent trolls – or as the FTC more tactfully dubs them, ‘patent assertion entities’ – have on competition…. The practice, said the FTC, ‘can deter innovation by raising costs and risks without making a technological contribution.’” [BLT]
Richard Epstein: “Throttled by compliance”
In fields from land-use planning to drug development to labor relations, says the NYU law professor, “[e]xcessive regulations cause private firms to displace creative officers and entrepreneurial executives with the dull masters of compliance.” [Hoover Institution “Defining Ideas”]
Update: “Milwaukee teachers drop Viagra suit”
“The Milwaukee teachers union has dropped a lawsuit seeking to get its taxpayer-funded Viagra back.” [Madison.com, earlier]
After California’s zip-code-privacy ruling
The lawsuits against store chains over inquiries in check-out lines were just the start: one lawyer has sued gas station operators on the theory that it violates state law to ask drivers at the pump to key in their zip code to verify their credit cards. [Russell Jackson, earlier]