More wince-making fact patterns in (for all we know perfectly meritorious) litigation: the exploding porta-potty that badly injured a hapless worker at a West Virginia coal mine, allegedly ignited by leaking methane gas (Natalie Neysa Alund, “Porta-John blast victim sues for $10 million”, Morgantown Dominion Post, Jun. 2); the instance of alleged police brutality inflicted on a Western Pennsylvania woman nabbed on suspicion of prostitution and thrown into a cop car with such force that one of her breast implants burst (according to her lawyer, Harry J. Smail Jr., who has figured in these columns before)(Matthew Junker, “Arnold police slapped with federal civil rights lawsuit”, Pittsburgh Tribune-Review, May 26). More in the genre: see, for example, Jan. 7-8, 2002.
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“Stop beaming rays at my head”
Creatively resolving grievances without resort to legal process:
As time went on [at my first job after law school, at the federal courthouse in Kansas City, Mo.], I met all manner of people who had business for the court. We met several people who complained that some government department or other was beaming invisible rays at their heads. One of these poor souls came in on a quiet Friday afternoon, so another clerk and I took him over to the Lexis terminal, at that point an imposing stand-alone console about the size of a small desk. We turned it on, typed in “Stop beaming rays at John Doe’s head,” hit “enter” and turned it off. Doe left happily, the voices in his head now silent, and we returned to our duties, knowing that we had helped one American citizen obtain justice in an imperfect world.
(Tom Alleman, “Are Pro Se Suits Ridiculous, Per Se?”, Texas Lawyer, May 9).
Hot beverage temps
Touched on again in Ted’s travelogue (May 25):
Another hot-water datapoint: a television commercial featuring an older British housewife talking about her need for a “cuppa” during the day, and showing off her “space-age kettle.” She then proceeds to set the temperature of her water to 85 Celsius, or 185 degrees Fahrenheit.
“Investigators Blame Stupidity In Area Death”
It’s a parody from The Onion (May 25), and more than one reader has written in to direct our attention to the final paragraph.
Alienation of affection suits
The North Carolina Bar Association is pressing to abolish the state’s unusual cause of action for alienation of affection, a carryover from common law days in a few states which allows a wronged spouse to sue the other spouse’s paramour for having broken up the marriage. The law is still sometimes used, and in fact damage awards have been escalating briskly in the Tarheel State, reaching $500,000 (later reduced) in a 1990 Forsyth County case and $1.2 million in a case eight years ago in the same county. “Most of the time, lawyers said it costs as much or more to try these kind of cases than the injured party stands to win,” and Raleigh family law practitioner Lee Rosen says he often discourages clients from filing such a suit because by poisoning the atmosphere it “destroys the possibility of future cooperation” on, e.g., custody matters. (Amanda Lamb, “Some Want To Get Rid Of ‘Alienation Of Affection’ Lawsuits”, WRAL, Feb. 2). See Nov. 16, 2004; May 18-21, 2000.
Menace of gasoline underpricing averted again
Great moments in economic regulation, cont’d: now it’s Maryland that’s cracking down on service stations for the sin of pricing gasoline too cheaply. (Justin Blum, “Maryland Hits Brakes on Fleeting Gasoline Price War”, Washington Post, May 6). For an example from Minnesota, see Jun. 5, 2004.
S.F.’s move to regulate bloggers
…is now officially dead, reports Bill Quick (May 16)(via Instapundit)(see Apr. 6). The Federal Election Commission, on the other hand, remains a threat, according to Redstate.org (May 20)(also via Instapundit)(see Mar. 17, Mar. 31). More on campaign finance law and free speech: Jonathan Rauch, “McCain-Feingold at Rest”, National Journal/Reason Online, May 9.
Russian court: astrologer can sue NASA
“A Russian court has ruled that an astrologer can sue NASA over plans to bombard a comet whose destruction would ‘disrupt the natural balance of the universe’.” Reversing a lower court, the panel ruled that it was appropriate for Russia to take jurisdiction over Marina Bai’s lawsuit, which demands $310 million. According to her lawyer, Alexandra Molokhova, Ms. Bai “believes that the project infringes upon her spiritual and life values, as well as the natural life of the cosmos”. (“Astrologer courts trouble for NASA”, Melbourne Age, May 8; Anna Arutunyan, “Russian Astrologist Plans to Crash NASA’s Independence Day”, MosNews, Apr. 19; “Russian astrologer seeks $310 million of moral damage compensation from NASA”, Pravda, May 6).
Like a John Steinbeck novel
“The Las Vegas man whose severed fingertip ended up in a cup of Wendy’s chili gave his mangled digit to a co-worker to settle a $50 debt — but had no idea it would be used in an alleged scheme to swindle the fast-food chain, the man’s mother said Tuesday.” (Alan Gathright and Meredith May, “Worker gave his finger to settle $50 debt”, San Francisco Chronicle, May 18)(see May 16, etc.).
Negligent sex
Eugene Volokh and Christine Hurt (both May 17) analyze the Massachusetts case everyone is talking about, in which a man sued his girlfriend after suffering a particularly intimate (and awful-sounding) trauma in bed. The court decided that the standard for liability over sexually inflicted injury should be wantonness and recklessness, rather than mere lack of reasonable care.