And now Councilmember Letitia James [D-Fort Greene] wants money for “serious, severe and permanent” injuries from David Day, who is described as an itinerant laborer. “Please don’t go forward with it,” Day is reported to have written to James. “You are famous and powerful while I’m a nobody without means who’s done you no harm.” [Brooklyn Paper]
Author Archive
March 19 roundup
- Plaintiff in case alleging defective clown shoes “does not want any additional publicity” [N.Y. Post via Lowering the Bar]
- Santa Fe’s anti-wireless activists [The New Mexican, earlier]
- Law vs. vaccines, cont’d: “Judge Declines to Upset $22.5 Million Jury Award in Polio Case” [NYLJ]
- Arizona high court launches probe of Maricopa County prosecutor Andrew Thomas [Coyote, earlier]
- “Innumerable histronics” but no conspiracy: litigation over 1996 Filegate scandal fizzles out [Althouse]
- More boosts in regulators’ budgets [Roger Clegg, NRO, OFCCP employment regulation at federal contractors; Koehler, FCPA Professor] Obama’s putting in regulatory hardliners at many agencies; a clue to his politics? [Bainbridge, Judis/TNR]
- If only they’d confine themselves to suing the actual bad actors in FACTA (credit-card-slip) and junk-fax litigation [Bart T. Murphy, Chicago Business Ledger; my ’06 take]
- So may bullies ever fare: sanctions set against company that sued BoingBoing for libel [“MagicJack” case and more]
Jury: maker should pay $1.5 million for selling standard tablesaw design
A Boston jury has awarded $1.5 million to a man whose fingers were injured by a tablesaw on the theory that it was defective for the saw to lack “flesh-detection” technology. According to the lawsuit, the inventor of the technology offered to sell it to tool companies a decade ago, but negotiations broke down and none made a deal; the inventor proceeded to launch his own line of saws, SawStop, incorporating the technology. “[Carlos] Osorio’s case is one of more than 50 lawsuits pending throughout the United States against the major table saw manufacturers for failure to adopt the technology.” [Boston Globe, Fine Woodworking] SawStop bills itself on one customer testimonial at its website as the “Rolls-Royce of table saws”, and appears to sell its saw at a premium of hundreds of dollars over ordinary table saws widely available at prices below $500. A commenter in the very active thread at Wood Magazine estimates the premium at $800-$1,000, and also lists some other reasons why many buyers might not welcome the jury’s edict.
More: commenter Dennis N. says the safety technology “stops the blade by driving an aluminum stop block up into the teeth, jamming it. The blade and the cartridge are ruined in the process, requiring about $175 to replace the pair, depending on the price of your blade. Not bad to save a finger, but the thing does have a significant false alarm rate. Wet wood or a wet pocket in dry wood can set off the brake, costing you some big bucks. … It’s not at the top of my list for tools. I’d rather get a higher quality saw.” Yet more: Rusty Shackleford, LegalMatch. More/update: Jul. 8.
Hinkley, Calif. cancer rates
Michael Fumento has a noteworthy statistical update on the case that made Erin Brockovich famous.
Open MySpace invitation to house party did not make assault “reasonably foreseeable”
A California appeals court has declined plaintiffs’ invitation to hold that “a public invitation posted on MySpace to a free party offering music and alcohol was substantially certain to result in an injury to someone.” Three men were “allegedly attacked by a group of unknown individuals as they arrived at the party,” which was thrown by a Silicon Valley entrepreneur and announced on the social media site. [OnPoint News]
Shame, not law or regulation, as remedy for rudeness
Reason TV interviews advice columnist-author (I See Rude People), blogger and frequent Overlawyered commenter Amy Alkon.
Update: judge allows “giraffe attack” spoof back on web
“Nicholas Brilleaux, publisher of Hammond Action News, got a big victory yesterday when a Louisiana judge dissolved an order prohibiting him from posting a satirical news story about a fictional giraffe attack on his blog.” [Citizen Media Law, OnPoint News, earlier]
Ferran Adria, stay away?
The Italian government passes a law against “molecular cuisine”, barring use of liquid nitrogen and chemical additives in restaurant kitchens. It expires in less than a year, though. [Caput Mundi Cibus via Tyler Cowen]
News flash: prosecutor in celebrity case stays mum pending results
Adam Goldberg and Joshua Galper note the commendable spectacle of a prosecutor — District Attorney Fred Bright of the Ocmulgee Judicial Circuit in Georgia, leading the probe into charges against Pittsburgh Steeler Ben Roethlisberger — actually waiting until the results of his investigation are in before blaring them to the press. [HuffPo via Legal Ethics Forum]
NYC: “Smoke-easies” under siege
The city moves to yank the licenses of nightclubs that it considers too tolerant of covert cigarette use. [NYT via Sullum, Reason “Hit and Run”]
