Dr. Howard Allen Pearson has sued talk show host Don Imus, NBC, MSNBC and Westwood One Inc. for slander. The lawsuit stems from Imus’ on-air comments about the quality of services rendered by Dr. Pearson in July 2004 for a child staying at Imus’ ranch. Imus reportedly said that Dr. Pearson: “was one of the worst doctors in the world and did not care if children suffered.” (Fox News, “Doctor Sues Don Imus for Slander,” Jul. 11.)
Archive for the ‘Uncategorized’ Category
Judge OK’s False Claims Act against Contractor Providing Security in Iraq
Two ex-Army Rangers formed a security firm — Custer Battles — and contracted with the U.S. government to supply security for the Baghdad airport. Two former employees of Custer Battles are now blowing the whistle, filing suit utilizing the False Claims Act and hoping to claim a share of the lawsuit proceeds which is nominally brought in the name of the U.S. government. An interesting legal issue was presented when Custer Battles argued in court papers that the False Claims Act only protects the government of the United States from fraud — not the Coalition Povisional Government. U.S. District Judge T.S. Ellis III rejected that argument last week by holding that money paid for Custer Battles’ services was, in part, seized by the Coalition from the old Iraq regime. Such funds are — under principles of international law — the property of the United States. (Richmond Times Dispatch “Whistleblowers can press lawsuit, Two allege (sic) security firm committed fraud on Iraqi contracts,” Jul. 11.)
Paul Krugman on obesity, cont’d
The Times columnist’s paternalist rants, of which we took unfavorable notice on Friday, have run into a buzzsaw of scathing commentary around the blogosphere, notably from QandO (“Government Into Our Kitchens!”), Will Baude, and KipEsquire.
The myth of the Pinto case
No discussion of the modern litigation system seems to be complete without a reference to the Ford Pinto and the supposed “smoking-gun” memo found in the automaker’s files. As Newmark’s Door observes (Jul. 11), the myth was long ago refuted, but it lives on endlessly in public discussion anyway, perhaps because many fans of expansive product liability find it too good to check. We’ve commented on it a number of times in the past — here, for instance (see final paragraphs).
Judge: radio hosts’ talk must be reported as campaign contribution
In a decision some critics said could threaten press rights, a Washington state judge ruled last week that two radio hosts’ on-air comments promoting an anti-gas-tax initiative should be considered in-kind campaign contributions.
Thurston County Superior Judge Christopher Wickham on July 1 ordered sponsors of Initiative 912 to report the value of comments by KVI Radio talk-show hosts John Carlson and Kirby Wilbur.
Lawyers for NoNewGasTax.com, which is sponsoring the initiative, said the ruling would have a chilling effect on political commentary and editorials in the news media. They said an appeal was possible.
(“Radio hosts’ on-air backing must be reported as campaign donation”, AP/First Amendment Center, Jul. 7; Brad Shannon, “Ruling throws media for a curve”, Jul. 10). The Seattle Times expressed alarm at the decision (“In support of free speech, and KVI” (editorial), Jul. 8) while the Post-Intelligencer, incredibly, applauded it (“Gas-tax Talk: Jabber over journalism” (editorial), Jul. 6). For more on campaign finance law vs. free speech, see Jun. 14 and links from there. More: Michelle Malkin, Jul. 9 and Jul. 12; Ryan Sager, “The ‘Shut-’em-up’ Reform”, New York Post, Jul. 12.
Guestblogging extended
We’re pleased to announce that guestblogger Jeff Lewis will be staying on for a second week. Be sure to visit his sites: Southern California Law Blog and LawLimits.
$65.1 million verdict in Florida
Twelve-year-old Jorge Luis Cabrera Jr. was found dead next to a Miami bus shelter in October 1998 after he took shelter there during a rainstorm. Weather data shows a lightning strike near the bus shelter at the time the boy would have been there; the defense claims there were several signs of an indirect lightning hit on the Cabrera’s body and clothing. Accusations were made that faulty wiring in the bus shelter electrocuted the boy, but employees of Eller Media, which owned the bus shelter, were acquitted of manslaughter charges.
Civil lawyers resuscitated the argument on behalf of Cabrera’s father, noting that Victor Garcia, who wired the shelter, was unlicensed. A jury agreed, and awarded $4.1 million in compensatory and $61 million in punitive damages; Cabrera’s mother settled separately. “Jose Irizarry, the jury foreman, told The Herald on Friday that he and his fellow jurors did not believe lightning could have killed the boy.” (David Ovalle, “Firm to pay millions in boy’s death”, Miami Herald, Jun. 25; “Jury: Eller Media should pay $65.1M”, South Florida Business Journal, Jun. 27; Chrystian Tejedor, “Jury awards $65.1 million”, South Florida Sun-Sentinel, Jun. 25; “Company Found Negligent In Boy’s Electrocution Death”, WTVJ-TV; “Unlicensed Electrician Admits ‘Regret’ In Boy’s Electrocution Trial”, Local 10 News, May 3; Colson Hicks Eidson press release; verdict form for Serrano v. Eller Media Co., Case No. 13-1998-CA-023808-0000-01 (Dade Cty. Fla. Cir. Ct.)).
Risibly unclear on the concept: the Miami Herald reports that “Today, more than 850 Miami-Dade Transit Authority bus shelters are lit by roof-mounted solar panels instead of electricity.” (I think they mean to say that the new bus shelters are lower voltage.)
Heather Mac Donald on Dahlia Lithwick
Dahlia Lithwick got her start in Slate with the innovation of covering the Supreme Court almost entirely in terms of what jokes were told at the oral argument. Now, gossipy legal humor has entertainment value, and Lithwick’s essays had a legitimate role in the context of providing added value for an Internet magazine whose main advantage over competing media sources was the ability to put writing out there in a breezier and quicker fashion than a newspaper. But the legal analysis was often slipshod, and Lithwick would freely admit her ignorance and instead focus on which Supreme Court Justice she’d most like to hug or the build of the lawyers. Yet Lithwick has parlayed being the Slate “Supreme Court correspondent” into a regular gig doing serious analysis and op-eds in purportedly more serious media outlets. The results often aren’t pretty. Heather Mac Donald puts her thumb precisely on the problem and points out how vapid Lithwick’s analysis of Justice O’Connor’s career is (via Point of Law). Lithwick makes the mistake of criticizing O’Connor’s decisions as lacking sufficient empathy for the sympathetic losing party (though, as Mac Donald points out, Lithwick’s sympathy is inconsistent within the same paragraph in the op-ed). Legal reporting all too often has the flaw of describing cases as a question of picking the most deserving winner, divorcing this question from the real issue of the neutral application of legal rules; this is a problem that all too often trickles down to some judges and jury decisions. And it’s a sad commentary on the state of legal education when a Stanford Law graduate doesn’t give any signs of knowing better.
“Who Else Should Pay Reparations?”
Bill Tucker has a naughty suggestion (The American Enterprise, Jun. 29).
London attacked
Pejman Yousefzadeh (Jul. 7) rounds up editorial cartoons that comment on the atrocity, as well as a number of relevant poems.