Minneapolis bridge aftermath

A federal judge has rebuked a large Minnesota personal-injury law firm that, even before rescuers had emerged from the treacherous waters, had petitioned for access to the I-35W site for three attorneys and two expert witnesses. And Democrat-Farmer-Labor State Rep. Ryan Winkler has suggested establishing a public compensation fund, along the lines of the 9/11 fund, for victims who agree not to sue:

The legal spectacle about to play out threatens to drag on for years and impose huge costs on some defendants.

In the future, as Winkler has pointed out, even the largest contractors may hesitate to work on Minnesota’s riskiest projects: repairs to crumbling infrastructure. “If engineers and constructors are scared away from bidding,” he warns, “it will be a long time before our infrastructure is adequate and safe.”

(Katherine Kersten, “After I-35W bridge collapse, lawyers promptly pounced”, Minneapolis Star-Tribune, Sept. 2). Earlier: Aug. 9, Aug. 2.

Filed under: chasing clients, Minnesota, roads and streets, shotgun defendant selection

Hezbollah plans lawsuit campaign against Israel

A continuation of warfare by other means:

Hezbollah is planning to file a host of lawsuits against Israel over the damages it caused during the Second Lebanon War. Lebanese individuals with dual citizenship will file the suits in the countries where they hold citizenship.

Attorney Ibrahim Awada, who heads Hezbollah’s legal department, revealed the plan last week on a Syrian television program devoted to “Zionist crimes against Lebanon.” He said that each plaintiff will hire a lawyer in the country where he files suit, and Hezbollah will pay the lawyers’ fees.

(Yoav Stern, “Hezbollah to file lawsuits against Israel for damage caused in war”, Haaretz, Aug. 29; Jurist “Paper Chase”, Aug. 29; HotAir.com, Aug. 29; Meryl Yourish, Aug. 29).

Tipsy totter ended wrestling, began political career

No longer able to practice his art as one of the “Killer Bees” tag team duo in bee-striped trunks, and reduced instead to serving as an elected public official in Florida:

Six years after a restaurant accident that he blamed for ending his professional wrestling career, Brian Blair has settled his negligence lawsuit against Carrabba’s Italian Grill. …

Carrabba’s attorney, Donald G. Greiwe, had filed papers indicating Blair was impaired at the time he tripped over a tray of bussed dishes at the restaurant. And Greiwe’s exhibit list included a videotape of a tag-team wrestling match in Nagano, Japan, in October 2001 — more than four months after Blair’s accident in the Carrabba’s on North Dale Mabry Highway. …

Blair claimed his ring career came to an end on the evening of June 2, 2001, when he visited Carrabba’s with his wife and two sons…. Blair, 50, filed the lawsuit on Nov. 5, 2002, three days after losing his first run for public office in a race for a Hillsborough County Commission seat won by Pat Frank. In 2004, Blair, a Republican, tried again and won a commission seat in a close contest against Bob Buckhorn.

He continued to press his case against Carrabba’s even after his original lawyers quit. Attorneys Nadine S. Diaz and Ron Darrigo, who had taken Blair’s case on a contingency basis, withdrew in January 2006, citing “irreconcilable differences” with Blair. …

A record filed by Greiwe of an examination of Blair at St. Joseph’s Hospital about an hour after the accident showed a blood alcohol of 0.089 percent, above the 0.08 level at which state law presumes an individual to be impaired. Greiwe said in court papers that Blair’s fall was the “result of his own negligence.”

Asked in a sworn deposition about his condition, Blair denied drinking before coming to the restaurant, suggesting he might have taken “one sip” of Carrabba’s house wine before the fall.

(Jeff Testerman, “Blair, cafe settle lawsuit”, St. Petersburg Times, Aug. 28).

Filed under: alcohol, hospitals, sports

“Record beer consumption” at Hagens Berman cycling event

There’s nothing intrinsically droll about this report of increased jollity, mirth and conviviality at the 2006 Clif Bar/Hagens Berman Starcrossed Cyclocross race, co-sponsored by the prominent Seattle class-action firm: “The men’s main event was fast, painful, and exciting and it certainly did not disappoint the rowdy pumped up crowds who had been feasting on Pabst Blue Ribbon in the beer garden all day long.” (Cycling News, October). The only potentially humorous note is to those of us who remember Hagens Berman as having thrust itself forward a mere three years ago in the national media as the national scourge of alcohol marketing — beer marketing in particular (Mar. 29, 2004). The Milwaukee Journal-Sentinel article we cited at the time, with chapter and verse on the firm’s grandstanding against the sudsy brew, is still online.

Filed under: alcohol, beer and brewers, Seattle, Steve Berman

McDonald’s “hold the cheese” suit, cont’d

The U.S. Chamber-affiliated West Virginia Record has some further details on, as well as a selection of media reaction to, the $10 million lawsuit by Jeromy Jackson of Morgantown charging that the burger chain put cheese on his Quarter Pounder despite his requests, thus triggering an allergic reaction. (Cara Bailey, “‘Hold the cheese’ suit draws worldwide attention”, Aug. 17). Earlier: Aug. 10.

Filed under: allergies, restaurants, West Virginia

Bainbridge on foie gras and dog-fighting

Professor Stephen Bainbridge springboards off of our August 24 post to take a cut in the Examiner at a principled distinction between banning dogfighting and foie gras.

As I’ve mentioned before, I’m quite happy with a state of the world where dogfighting is banned but foie gras isn’t. But I’m not persuaded that the good professor has made the case for a principled distinction. Discussion of this (and of the almost entirely unrelated Larry Craig case) after the jump:

Read On…

Filed under: foie gras, Minnesota, tobacco

Youtube lawsuit of the week: A&P vs. rappers

The only thing growing faster than the number of videos being shown on Youtube is the number of lawsuits arising from videos being shown on Youtube. The company itself has been sued by every media company in the known universe — led by Viacom — over copyright infringement by users of the website. And when Youtube isn’t being sued, the people who post the offending or infringing clips are.

A few weeks ago, a couple of college students posted a juvenile rap video about their work in a supermarket produce department. They filmed the video in the A&P supermarket where they were employed stocking shelves, but they never mentioned or displayed the A&P name. No matter; someone figured it out, and they were fired.

That could have been the end of that… except that A&P got the brilliant idea to file a $1,000,000 lawsuit against the two, for defamation. (Just a guess, but unless A&P pays a lot better than I suspect, they may not be good for the money.) And, shockingly, the video, which had just 2,500 hits earlier this week before the lawsuit, now has been viewed 60,000 times. Wonder who thought that this lawsuit was a good idea.

Filed under: copyright, libel slander and defamation

Lawyers’ license to defame adversaries

The Tennessee Supreme Court confirms that lawyers in that state may publish potentially defamatory material outside the courtroom provided they are acting in quest of an “identifiable prospective client”. The case was filed by a screw maker against a law firm whose client-trolling website had asserted that the company’s deck screws were “defectively manufactured”. Without determining whether the phrase was defamatory, the court ruled that even if it was, the manufacturer would be afforded no legal remedy. (Day on Torts, Aug. 21; Simpson Strong-Tie Company v. Stewart, Estes, & Donnell, Aug. 20 (PDF)).

Filed under: chasing clients, libel slander and defamation, Tennessee

Gordon Ramsay on U.S. litigation

“We were issued a writ because, God bless America, if the toilet paper is not thick enough and you come out with a rash on your ass [you’ll get sued].” — Scottish celebrity chef Gordon Ramsay, who is being sued over his upcoming reality-TV show “Kitchen Nightmares”. Martin Hyde sued Ramsay and the show’s producers after being fired during the filming of a “Nightmares” episode which depicted unsafe and unsanitary conditions at the Manhattan restaurant Hyde managed (which was closed by the city health board shortly after the taping); Hyde claims aspects of the show were staged, which Ramsay denies. (James Hibberd, “Ramsay Blasts ‘Kitchen Nightmares’ Lawsuit”, TV Week, Aug. 28).

Filed under: broadcasters, libel slander and defamation, restaurants, United Kingdom

When lawyers fight

At least we can be sure that lawyers don’t treat each other any better than they treat other parties in litigation. Texas Lawyer provides us with a story of how two plaintiffs lawyers, who started out on the same side of a class action suit, managed to turn a dispute amongst themselves over $28,000 in fees into an eleven year fight with an ultimate award of over $250,000.