Archive for the ‘Uncategorized’ Category

“Hard lemonade, hard price”

47-year-old archaeology professor Chris Ratte is perhaps not the most careful of parents; he says he didn’t realize when he bought a $7 “Mike’s Hard Lemonade” at a Tigers game, it was an alcoholic beverage (all of 10 proof), and let his 7-year-old son Leo drink the 12-ounce bottle. A vendor noticed the boy with the drink; the boy had no symptoms of inebriation but said he was nauseated; and stadium officials, in a prime example of defensive overreaction, summoned an ambulance, which found Leo fine with no trace of alcohol in his system.

Silly enough so far, no harm, no foul, but Michigan Child Protective Services intervened, held Leo in foster care for two days (refusing to release him to the custody of his aunts, who drove from New England on short notice for just such a possibility), and forced Ratte to move out of the house until a second hearing okayed his return. If Ratte and his wife weren’t upper-middle-class academics with access to the University of Michigan Law School clinic professors, it could have been much worse. “Don Duquette, a U-M law professor who directs the university’s Child Advocacy Law Clinic, represented Ratte and his wife. He notes sardonically that the most remarkable thing about the couple’s case may be the relative speed with which they were reunited with Leo.” (Brian Dickerson, Detroit Free Press, Apr. 28 (h/t B.C.)).

Some policy proposals are for taxpayers to fund attorneys to defend parents victimized by Child Protective Services; some go so far as to call it a constitutional right, albeit one having nothing to do with the underlying text of the Constitution. But that would only treat the symptom and ossify the underlying problem of abusive government intervention into the home.

Ashley Alexandra Dupré sues “Girls Gone Wild”

“Kristen” from the Spitzer affair wants $10 million, saying the notorious video series photographed her when she was 17, not the requisite 18 — it seems likely that she had a hand in this deception herself — and now owes her $10 million for injury to her “business, reputation and good will”. (Curt Anderson, “Spitzer call girl sues ‘Girls Gone Wild’ for $10 million”, AP/Philly.com, Apr. 28; WSJ law blog, Apr. 29).

Grand Theft Auto: Class Action Objection II

I never thought I’d be involved in a hot-coffee lawsuit, but Gamepolitics covers my intervention and objection to the Grand Theft Auto: San Andreas class action settlement, which I predicted before the suit was even filed.

(I corrected a mistake in the earlier post; I said I purchased GTA:SA for the Xbox 360 when, of course, I purchased it for the Xbox. Fortunately, my affidavit to the court was correctly phrased.)

April 29 roundup

  • “Dog owners in Switzerland will have to pass a test to prove they can control and care for their animal, or risk losing it, the Swiss government said yesterday.” [Daily Telegraph]
  • 72-year-old mom visits daughter’s Southport, Ct. home, falls down stairs searching for bathroom at night, sues daughter for lack of night light, law firm boasts of her $2.475 million win on its website [Casper & deToledo, scroll to “Jeremy C. Virgil”]
  • Can’t possibly be right: “Every American enjoys a constitutional right to sue any other American in a West Virginia court” [W.V. Record]
  • Video contest for best spoof personal injury attorney ads [Sick of Lawsuits; YouTube]
  • Good profile of Kathleen Seidel, courageous blogger nemesis of autism/vaccine litigation [Concord Monitor*, Orac]. Plus: all three White House hopefuls now pander to anti-vaxers, Dems having matched McCain [Orac]
  • One dollar for every defamed Chinese person amounts to a mighty big lawsuit demand against CNN anchor Jack Cafferty [NYDN link now dead; Independent (U.K.)]
  • Hapless Ben Stein whipped up one side of the street [Salmon on financial regulation] and down the other [Derbyshire on creationism]
  • If only Weimar Germany had Canada-style hate-speech laws to prevent the rise of — wait, you mean they did? [Steyn/Maclean’s] Plus: unlawful in Alberta to expose a person to contempt based on his “source of income” [Levant quoting sec. 3 (1)(b) of Human Rights Law]
  • Hey, these coupon settlements are giving all of us class action lawyers a bad name [Leviant/The Complex Litigator]
  • Because patent law is bad enough all by itself? D.C. Circuit tosses out FTC’s antitrust ruling against Rambus [GrokLaw; earlier]
  • “The fell attorney prowls for prey” — who wrote that line, and about which city? [four years ago on Overlawyered]

*Okay, one flaw in the profile: If Prof. Irving Gottesman compares Seidel to Erin Brockovich he probably doesn’t know much about Brockovich.

Grand Theft Auto roundup

Grand Theft Auto IV debuts at midnight tonight to spectacular reviews, and the litigation is sure to follow…

  • Overlawyered favorite Jack Thompson (Mar. 21; Feb. 22; Sep. 27, etc., etc.), whose antics could fill an entire sub-blog, has sent an obnoxious letter to the mother of Rockstar’s boss, Strauss Zelnick, accusing it of being pornography and training for murder. A new book, Grand Theft Childhood, as documented by WaPo’s Mike Musgrave, suggests that the fears of corrupted childhood are overblown, though Lord knows I wouldn’t let any teenage kids I was responsible for play this game.
  • As someone who purchased Grand Theft Auto:San Andreas the first day it was out for the Xbox 360 original Xbox, I am a member of a plaintiff class in a class action settlement over the Hot Coffee mod where players can access the Internet and voluntarily modify the game to make it slightly more offensive to the easily offended. (To imagine that one can find p0rnography on the Internet!) In the settlement, I get, well, nothing, and the attorneys will ask for about a million dollars; worse, individual “representative” class members who suffered no injury will get $5000 that could have been used to buy more music rights for Grand Theft Auto IV. We’re frequently asked what we can do if we’re unhappy with a class action settlement where we’re a member, but this settlement was sufficiently appalling that I actually retained an attorney and he served an objection on my behalf on Friday. Further updates to come.

Update: I incorrectly said I bought San Andreas for the Xbox 360. Of course, San Andreas was never available for the 360. I bought the June 2005 release for the original Xbox.

Update: More.

Update: court nixes “Deal or No Deal” lawsuit

Updating a Feb. 28 post:

The Supreme Court of Georgia has said “no deal” to a team of Columbus lawyers representing a proposed class of people seeking to recover money they spent participating in a feature of the NBC hit show “Deal or No Deal.”

The suit filed in federal court had contended that the Lucky Case Game — in which viewers, like the contestants on “Deal or No Deal,” try to pick a lucky suitcase — ran afoul of Georgia law because participants were charged 99 cents to play through their cell phones. The plaintiffs based their suit on a colonial-era Georgia statute that allows gamblers to recover their losses through lawsuits.

(Alyson M. Palmer, “Luck Runs Dry for ‘Deal’ Plaintiffs in Lawsuit Against NBC”, Fulton County Daily Report, Apr. 22).

Broderick Lloyd Laswell suit: I’m only getting 3000 calories a day

413-pound Broderick Lloyd Laswell was arrested for robbing and murdering Randy Walker and setting Walker’s trailer home on fire, and has been kept in an Arkansas jail cell awaiting a capital trial. Eight months later, he’s down to 308 pounds, but he’s not grateful for the diet, and has sued for “hot meals” and more consistent portions. [AP/Arkansas Online, Apr. 27; Northwest Arkansas Morning News, Apr. 25 via ABA blog] Needless to say, the blogosphere isn’t impressed. (Update: Smoking Gun has court documents and mug shots.)

After Casey Martin: accommodation demands in sports

Marc Edelman, guest posting at Above the Law (Apr. 24):

For an example of one of the more extreme disability claims, in Badgett v. Alabama High School Athletic Association, 2007 WL 2461928 (N.D. Ala. 2007), the parents of a wheelchair-bound student with cerebral palsy, Mallerie Badgett, brought a claim arguing that wheelchair-bound students should be allowed to compete for team points against able-bodied students running in a track race on foot. According to the complaint, “Miss Badgett [was] concerned that competing in a separate wheelchair division [would] affect her ability to receive college scholarships and other benefits.” The Northern District of Alabama ultimately, and wisely, denied Badgett’s request for a preliminary injunction.

Edelman also discusses the better-known controversy in which the Lausanne-based Court of Arbitration for Sport will consider (presumably not applying U.S. law) the appeal of double-amputee sprinter Oscar Pistorius who will be arguing that his prosthetic legs do not in fact provide an edge over real legs.

Jay Greene on NYT bullying story

In addition to being a colleague of mine at the Manhattan Institute, Jay Greene is 1) a prominent national expert on education who 2) is based in the college town of Fayetteville, Ark., so I was eager to hear what he had to say about Dan Barry’s New York Times article of last month which called shame on the Fayetteville schools for their supposed toleration of the horrendous bullying of an unoffending high school student by the name of Billy Wolfe. Today Greene has a blog post on the case which concludes, as did I in my Apr. 8 post, that Barry’s coverage was by no stretch of the imagination responsible or balanced. Greene zeroes in on Barry’s assertions that “It remains unclear why Billy became a target…” and that “[Billy] has received a few suspensions for misbehavior, though none for bullying,” both of which appear, at best, grossly misleading in the light of a police report aired in the Northwest Arkansas Times detailing Billy’s alleged aggressions against other students, physical and otherwise. Greene also observes that his inquiry to the New York Times public editor about the discrepancies has gone unanswered aside from a form response. He adds:

Finding the police report and collecting all of the interviews found in the NW AR Times article would have required — uhm — reporting. It was much easier to take the story that the Wolfes’ attorney was peddling. And yes, the Wolfes are suing some of the other students and are planning to sue the school district. Barry’s article may read like a plaintiff’s brief because there actually is a plaintiff’s brief out there. …

Unfortunately, the Fayetteville School District is inexperienced with handing national reporters and they are handcuffed in responding to accusations because of student privacy issues and a pending lawsuit. Dan Barry from the NYT was able to ride roughshod over a small town school district. Maybe the Gray Lady is the most obvious bully here.

The full post is here. Among other local coverage not linked in my earlier post is an editorial in the Northwest Arkansas Times, Mar. 30, and John Brummett, “Bullies Crying ‘Wolfe'”, Northwest Arkansas Morning News, Apr. 2.

P.S. And now Gawker is on it.