Following up on our entry of last Aug. 31: Acting Supreme Court Judge Felix Catena has dismissed attorney Romolo Versaci’s defamation suit against Diane Richie, who called Versaci a “so-called lawyer” on a local online message board, saying the expression was by its nature rhetorical opinion and not actionable. Versaci has said he plans appeal. David Giacalone (Mar. 15) has the details.
Archive for the ‘Uncategorized’ Category
Update: Virginia not-so-primitive, and state mini-FMAs
The Virginia legislature has voted to repeal the state’s law, the only one of its kind in the nation, prohibiting insurance companies from offering coverage of domestic partners as part of employer-provided health plans (see May 31, 2004, next-to-last paragraph). Gov. Mark Warner (D) has announced his intent to sign the bill. The Virginia Chamber of Commerce backed the repeal, citing principles of economic liberty: “If you believe in a free market, then restrictions like this don’t make any sense,” said Chamber vice president for public policy Stephen D. Haner. The repeal was strenuously opposed, however, by Religious Right figures such as Del. Robert Marshall (R-Manassas), and passed the House of Delegates by only a 49-48 margin (Pamela Stallsmith, “House backs letting firms extend health benefits”, Richmond Times-Dispatch, Feb. 25; Lou Chibbaro, Jr., “Va. DP ban repealed by 1 vote”, Washington Blade, Mar. 4; Tim Hulsey, Feb. 25).
On a related topic, last November Michigan voters approved a constitutional amendment providing that “the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose” (see Nov. 2). At the time, opponents argued that the measure might well be interpreted to forbid cities, state universities and other public entities from offering domestic partnership benefits to their employees, but proponents of the measure dismissed that notion: a spokeswoman for Citizens for the Protection of Marriage, a group heavily backed by Michigan’s seven Catholic dioceses, told the Detroit News “nothing that’s on the books is going to change. We continue to confuse this issue by bringing in speculation.” However, with the amendment now in effect, the state’s attorney general — to cheers from most of the amendment’s organized backers — has issued an advisory opinion stating that it does indeed prohibit the city of Kalamazoo from providing DP benefits to its employees after the expiration of their current union contract. (Ed Finnerty, “City under fire over same-sex benefits plan”, Kalamazoo Gazette, Mar. 17; Claire Cummings and Melissa Domsic, “Cox: No future same-sex employee benefits”, State News (Michigan State U.), Mar. 17). Don Herzog of Left2Right, who has assembled plenty of links on the story, aptly labels the sequence of events “Bait and Switch” (Feb. 11 and Mar. 18). Update: Feb. 17, 2007 (Mich. appeals court rules benefits illegal under amendment).
Site outage
My apologies for a technical glitch that kept the site offline from yesterday morning through this morning. Looks like the problem is fixed now.
FEC regulation of blogs
Some unreassuring reassurances from Sen. Russ Feingold (Patterico, Mar. 15; via Instapundit)(see Mar. 4). More: And Ryan Sager uncovers evidence of astroturfing going on in the whole campaign-finance-reform business (“Buying ‘Reform'”, New York Post, Mar. 17; more at his blog here and here). More: Mar. 31, May 20.
Nastygram in Luskin’s inbox
Economics columnist and blogger Don Luskin, subject to criticism in this space and many others in 2003 when he threatened legal action against another blogger, is now himself being threatened with legal action by Worth Publishers, a company that publishes a textbook by frequent Luskin target Paul Krugman. Worth is alleging defamation and copyright violations arising from one of Luskin’s blog posts last December. Just One Minute has the details (Mar. 8).
Blasphemy laws
Europe has them, and we’re lucky we don’t, says James Lileks (“Leave the Anti-Blasphemy Laws in Europe”, syndicated/Newhouse, Mar. 16).
Chimpanzee attack victim St. James Davis (update)
(For background and more detail, see previous entry, Mar. 8). Davis has had surgery to reattach his nose and lips, a tracheotomy, and more facial surgery Monday, while he fights off a lung infection. The Davises’ attorney, Gloria Allred, says “the family had not ruled out legal action against the sanctuary’s owners.” Mrs. Davis also implied that there would be further negotiation or litigation to have their pet chimpanzee, Moe (not involved in this attack, though he’s bitten others) returned to live with them in their California suburb. (Claudia Zequeira, “Chimp Attack Survivor Struggles With Recovery”, LA Times, Mar. 16; AP, Mar. 15).
Richard Kreimer rides again
New Jersey: “A homeless man who sued and received $230,000 after being ejected from a library in Morris County is now suing NJ Transit for kicking him and other homeless people out of train stations.” Richard Kreimer, who has filed many suits over the years, is asking for $5 million. (“Homeless man who sued library takes on NJ Transit”, AP/Asbury Park Press, Mar. 15; John Cichowski, “Some riders wear suits, some file them”, Hackensack Record, Mar. 15; Ronald Smothers, “Homeless Gadfly Returns, Warming Up Lawsuits”, New York Times, Jan. 21). “‘As soon as you walk into a train station and you look like a bum, the cops come right over to you,’ Kreimer said.” (“Homeless Man At Home In Court”, New York Post, Mar. 15). For more background, see John Cichowski, “Duffel-bag lawyer takes on the City of Brotherly Shove”, Hackensack Record, Feb. 26, 2004. Update Feb. 25, 2006: Kreimer obtains settlement from bus company.
Welcome Small Business Advocate listeners
I was a guest on Jim Blasingame’s national radio program “The Small Business Advocate” yesterday, discussing class actions and other topics. You can listen to the show live on the web; one way to find the link is from his archive of law-related shows. Jim Blasingame was kind enough to call The Rule of Lawyers “one of my favorite books”; you can find a copy on Amazon (hardcover or paperback). For more information on how employment lawsuits have watered down strength prerequisites for law enforcement jobs (such as those guarding courthouses in Atlanta and other places), check this Point of Law post.
“When pets die at the vet, grieving owners call lawyers”
USA Today surveys the field (Laura Parker, Mar. 15). So did we (Jul 30, 2003 and links therein; see also Mar. 8).
