Readers may recall the brouhaha last year when a federally protected plant, the Sebastopol meadowfoam, was discovered growing on the grounds of a controversial proposed housing development in the Northern California community; state wildlife officials investigated and said it was apparently planted on purpose. (May 25, 2005). Now the plant has sprung up again on the site, and although opponents of the project have seized on the news, the developer says it’s just a result of the germination of seeds from the earlier illicit plantation. (Terence Chea, “Trouble in bloom at Calif. development site”, AP/Boston Globe, Jul. 17).
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Update: damages in Ill. justice’s libel suit
So how exactly do you build a case for high damages when the alleged defamation (see Jun. 22) hasn’t dislodged you from the bench and it will be a good long while before your term expires? Well, your lawyer can talk about how you were thinking of stepping down to become a highly paid rainmaker at a Chicago law firm, and so maybe the defendant newspaper should have to compensate you for what your hired economist says is the value of that. Besides, you were thinking of securing an appointment as a federal judge. And what if the Illinois voters decide to throw you out down the road — isn’t the lost salary from that something the defendant should have to pay you for, too? (Eric Herman, “Justice’s libel suit figures his losses”, Chicago Sun-Times, Jun. 10)(via Lattman).
ATLA’s attack on reform supporters
Evan Schaeffer was very excited by the fact that ATLA made its Trial magazine attack on reform freely available on line, so I clicked over to see what the fuss was. The first story I looked at was Justinian Lane’s “Corporate wolves in victims’ clothing,” which featured, among various baseless assertions and screeds about high executive salaries, the following strawman:
And the next time someone brings up Stella Liebeck and the McDonald’s coffee case, ask why a $2 million lawsuit over third-degree burns to a woman’s genitals is frivolous, but a $5 billion lawsuit over Donald Trump’s ego isn’t.
Fascinating. What fictional reformer supports Donald Trump’s lawsuit? Certainly not the main author of this site, who has repeatedly scoffed at it. Where’s the hypocrisy? (More on Stella Liebeck and the McDonald’s coffee case, which was frivolous, but is hardly the only reason for supporting reform.) Needless to say, I’m not impressed. Lane’s claim that proposed reforms wouldn’t affect Trump’s case is absolutely false; reforms such as anti-SLAPP laws, loser-pays, procedural streamlining, and limiting forum-shopping would all cabin the ability of a Trump to attempt to use litigation to intimidate critics.
Lane asks why reformers argue that “the king’s-ransom salaries ‘earned’ by corporate executives aren’t passed on to consumers in the form of higher prices, but that the costs of the tort system are.” There’s a difference, of course: a consumer can object to high CEO salaries by refusing to invest in a corporation’s stock or to purchase its products or services. But a consumer who buys a car can’t opt out of the huge expenses trial attorneys have added to every motor vehicle in America—$500 for every vehicle sold in America. Tom LaSorda, the CEO of Chrysler, doesn’t make $500 for every vehicle, even if one finds his salary objectionable for some reason. But as long as Lane is criticizing the “hypocrisy” of reformers, one wonders if he’ll turn the same searching eye complaining about high salaries to the multi-millionaire trial attorneys he lauds who, unlike the executives, make their money by destroying wealth and jobs rather than creating wealth and jobs.
Chicago subway fire: pay up for terrorism fears
Personal injury lawyers filing the first lawsuits arising from a July 11 fire and derailment on the Chicago Transit Authority’s Blue Line “said their clients’ damages may be greater than normal due to initial fears that the accident was a terrorist attack.” Attorney Dan Kotin of Corboy & Demetrio, representing plaintiffs, “said the timing of the accident might have magnified their emotional distress. ‘Coming just hours after the subway bombings in India, these women were convinced that they were under attack,’ Kotin said.” Kotin’s clients were treated and released at a hospital at the time; how badly hurt are they now? “I think we’re going to learn over the course of time that the emotional suffering is far worse than the physical pain.” Oh. (Michael Higgins, “First lawsuits filed in subway fire”, Chicago Tribune, Jul. 12).
“If something went wrong, we could be sued”
In Great Britain, a nursing home spokeswoman explains why visitors are allowed to bring in cakes and other baked goods only when they’re store-bought, not homemade. (Nanny Knows Best (U.K.), Jun. 14)(via Nobody’s Business). Other food menaces averted: Dec. 13, 1999 (homemade pies), Jan. 29, 2001 (cookies), Feb. 1-3, 2002 (figurines in New Orleans king cake), Apr. 15, 2004 (potluck dinners).
Diet-book author sues Coke over promotion
A St. Louis weight-loss instructor is suing the Coca-Cola Co. over its product loyalty campaign, claiming the program might encourage kids to drink so much of the sugary soft drink that they could die.
The campaign, “My Coke Rewards” gives customers points for buying Coca-Cola products. …
Coca-Cola spokesman Scott Williamson said [Julia] Havey is “horribly misinformed” about the rewards program and the lawsuit is simply an attempt to drum up attention for weight-loss books she writes.
(Christopher Leonard, “Missouri woman sues Coca-Cola”, AP/Springfield, Mo., News-Leader, Jul. 14). Update Aug. 3: she drops suit.
RIAA [might be] told to pay attorney fees
The recording industry association sued Debbie Foster of Oklahoma along with her daughter Amanda for $5000, saying her broadband account had been used for song downloading. But when Foster resisted the suit, and requested to know the dates and song titles of the allegedly infringing downloads, the association failed to respond. Foster filed for summary judgment and RIAA withdrew its suit against her. A judge said Foster counted as a prevailing party under the terms of the Copyright Act and that RIAA should could apply for RIAA to pay her attorney’s fees. (Eric Bangeman, Ars Tecnica, Jul. 13). See, e.g., Nov. 4, 2005, Feb. 7, 2005. (Fixed Jul. 16 to respond to reader comment noting that the judge did not in fact order a fee shift but only declared Foster eligible to apply for one. A PDF of the ruling is here)
Baltimore Examiner (& publicity roundup)
Lawsuits filed against the city of Baltimore demand hundreds of millions of dollars, but the city pays out only a minute fraction of that sum — one of many reasons being that “the city caps awards for lawsuits at $200,000, save for intentional bad acts by city employees.” An editorial in the Baltimore Examiner quotes me on the subject (“Slow lawsuits; charge losers fees”, Jul. 13). For more on New York City’s tort predicament, see Jun. 15.
Last month Overlawyered.com was named “Web Site of the Day” by the Bulletin Board at the St. Paul Pioneer Press, one of the Twin Cities’ two big papers (Jun. 2). The British publication The Lawyer cited our coverage of Bill Lerach’s Enron fees (Jun. 5). And New York-based journalist Robert A. George (the “good” Robert George) calls this website “great”, though he erroneously thinks me a lawyer (Jun. 5).
I’ve also been quoted on same-sex marriage issues in a variety of venues, including by Lou Chibbaro Jr. in the Washington Blade (“Amendment bars states from marrying gay couples: experts”, Apr. 20); Jonathan Rauch at MarriageDebate.com (May 6); Andy Humm, “Gay Marriage Ruling Highlights a Changing Court”, Gotham Gazette, Jul. 10); and the Robert A. George post above. For more of my views on that subject, see Jun. 2, etc.
Red Buttons, 1919-2006
Red Buttons died yesterday. He was an Oscar-winner and famous comedian, but we at Overlawyered will remember him for suing Conan O’Brien for mentioning him in a 1993 sketch. Portions of the opinion in Buttons v. National Broadcasting Co. Inc. (No. CV94-0354 (C.D. Cal.)) (via my brother) are after the jump:
“File when ready”
It’s best to choose your words carefully when writing about this aspiring Delaware politician. “Lawsuits have been a big part of Korn’s life for the better part of two decades….’I would sue anybody again if I had to, if something were not right or accurate,’ Korn said. ‘I will go to the ends of what it takes if I feel I’ve been slandered, libeled or maligned in any way.'” (Celia Cohen, Delaware Grapevine, Jun. 26).