What happens when a gung ho law firm gets miffed at a phone directory for giving a competing law firm a better ad placement? A lawsuit of course. Aren’t lawsuits the answer for everything? (AZ Republic, “‘Beyond aggressive’ law firm sues Verizon,” Jun. 18, 2005.)
Archive for the ‘Uncategorized’ Category
San Quentin Warden Fired for Obstructing Investigation of Prison Health Care Delivery
The warden of San Quentin has been fired. She reportedly threatened a prison doctor with disciplinary action for cooperating with attorneys about prison health care delivery problems. (SF Chronicle, “San Quentin warden fired over health care,” Jul. 8, 2005).
Food, served tendentiously
From time to time it’s suggested (see Apr. 20) that folks like us are overreacting when we keep commenting on lawsuits that seek to blame food purveyors for obesity: obviously (it’s claimed) these legal actions are going nowhere, and to report on them as if they were going ventures merely casts the whole legal system into disrepute. The thing is, a presumably serious paper like the New York Times regularly publishes articles favorably showcasing obesity litigation and presenting long, uncontradicted quotes from its advocates — as it did once again in a business-section article yesterday (Melanie Warner, “Obesity Inc.: The Food Industry Empire Strikes Back”, Jul. 7). A sample quote, from Michael Jacobson of the Center for Science in the Public Interest: “If someone is saying that a 64-ounce soda at 7-Eleven contributed to obesity, that person should have his day in court”. Just three days before that, Times columnist Paul Krugman, with his customary lightness of touch and respect for the good faith of his opponents, delivered a similar screed against business’s alleged responsibility for obesity; he promises it will be the first in a series on the subject. (“Girth of a Nation”, Jul. 4). By the way, if you want to know why the food-industry-defense Center for Consumer Freedom manages to send Krugman and his co-thinkers into such fits of anger, go check out its website, whose assemblage of material on the “Food Police“, to take one example, is nothing if not informative (and refutes Krugman’s naive assertion that “nobody is proposing that adult Americans be prevented from eating whatever they want”).
On a brighter note, Cato’s indispensable Radley Balko (The Agitator) has started a special blog (description of its mission, Jul. 5) devoted to fact-checking the assertions of filmmaker Morgan Spurlock, of Super-Size Me fame. And from Britain comes a welcome new blog entitled Nanny Knows Best, a “site dedicated to exposing, and resisting, the all pervasive nanny state”.
More: Krugman is back today (Jul. 8) with his second installment, and as AtlanticBlog notes, he’s already changed his tune on the issue of whether adults’ food consumption should be left to the realm of free choice. And Radley Balko (Jul. 8) pokes a hole in Krugman’s risible assertion that coercive government policies rationalized on public health grounds have had a record of “consistent, life-enhancing success” — you know, the way alcohol prohibition did.
Lawsuit Filed to Prevent Killing of Pigs on Channel Islands
A lawsuit was filed on Tuesday to halt the killing of feral pigs on Santa Cruz Island off of the California coast. The pigs are causing problems with the island’s ecosystem. Nonetheless, the plaintiffs contend that the Channel Islands National Park officials have “rushed to judgment” in deciding to kill the pigs. (Mercury News, “Lawsuit seeks to stop eradication of pigs on Santa Cruz Island,” Jul. 6, 2005).
Federal Lawsuit for Slave Reparations Dismissed Again
A federal lawsuit seeking reparations for descendants of slaves was dismissed for a second time on Wednesday. Even the inclusion of a 104 year old who plaintiff claimed to have lived in a slave hut with his family was not enough to save the lawsuit. (CentreDaily.com/Chicago Tribune, “Lawsuit seeking reparations for slavery dismissed again” July 6, 2005). Overlawyered previously reported on this case on Jan. 26 and Jan 30.
The secret of success is sincerity. Once you can fake that you’ve got it made.
From an American Trial Lawyers Association litigation practice tip:
Before you even open your mouth today in the courtroom the jurors will have had numerous discussions among themselves speculating as to the type of case they will be involved in. One or more of the jurors will have mentioned the McDonald’s case, and some will have told their individual stories about the latest outrageous acts of the judicial system . . . .
I have finally learned that unless I exhibit a great deal of agreement with the jurors regarding the “sad” state of our litigation system and the tremendous number of “frivolous” lawsuits that clog our courts, I have virtually no hope of convincing any juror that my case is not frivolous.
Radio today
I’m scheduled to be a guest on San Antonio’s KAHL 1310 AM today at 1:30 p.m. Central, discussing Sandra Day O’Connor’s seat on the Supreme Court.
Update: the juror and the newspaper
The story of the mistrial in the murder prosecution of Gerardo N. Lara Sr., caused by Lindy L. Heaster’s purchase (Apr. 22, Apr. 25), is quietly resolved with a payment of $21,290 in restitution, and a sentence of 250 hours of community service and a suspended sentence of six months. Prosecutors won’t pursue perjury charges. (Maria Hegstad, “Juror fined for lying”, Potomac News, Jul. 2; Stephanie McCrummen, “Juror ‘Panicked,’ Lied to Va. Judge”, Washington Post, Jul. 6).
Disgruntled Talk Show Caller Presses Age Discrimination Lawsuit
Controversial Talk Show Host Tom Leykis bluntly told a caller that he was too old to be a caller. Specifically, Leykis said: “You’re not just older than my demographic, you’re the grandfather of my demographic.” You can read the entire transcript of the call at this June 19, 2005 post at LawLimits.com.
The caller, Marty Ingels, was upset and naturally filed a lawsuit alleging, among other things, violations of California’s laws prohibiting discrimination. In response, the radio show filed an an anti-SLAPP motion to obtain a quick dismissal of the lawsuit on First Amendment grounds. The trial court granted the motion to strike and Ingels, the caller, appealed. The Court of Appeal upheld the trial court’s ruling.
Tomorrow’s edition of Calendar Live continues the saga. Ingels is now petitioning the California Supreme Court to reinstate the lawsuit and plans to take the case to the U.S. Supreme Court if the California high court fails to take action.
Overlawyered previously reported about the case on June 10, 2005. (“Not too old to sue Tom Leykis”, Robert W. Welkos, Los Angeles Times – Calendar Live, July 6, 2005.)
Early PDA Pioneer Takes on Microsoft in Decades-Old Anti-Trust Dispute
Jerrold Kaplan, an inventor of an early handwriting recognition device for computers in the late 80’s, has filed an anti-trust lawsuit against Microsoft. The suit alleges that Microsoft’s Bill Gates actively sought to prevent other companies from doing business with Kaplan in order to eliminate Kaplan’s company. (“Computing pioneer says Microsoft conspired to ‘kill’ his company,” Greg Sandolval, AP News/North County Times, Jul. 5, 2005).