Alan and Linda Townsend of Dallas, Ga. were dissatisfied with a product called Spray On Siding after it was applied to their house and started a website to vent the opinions of other unhappy customers. The company that sold them the siding is now suing them for defamation, trademark infringement and other sins. (“Careful Where You Complain”, AP/Wired News, Nov. 5). For more suits against critics’ websites, see Mar. 31-Apr. 2, 2000 (Terminix case), as well as other cases on our free speech and media page. More: “May It Please the Court” also comments.
Archive for the ‘Uncategorized’ Category
Things your auto can’t do
In many vehicles nowadays, you can check your e-mail, view Web sites, even watch television, from the comfort of your driver’s seat.
You can, that is, if you live in Europe or in Japan….
Fear of legal action has also stopped Toyota from offering its Intelligent Parking Assist feature, which is now available on the hybrid gas-electric Prius model sold in Japan.
Executives say they “must worry about lawsuits” if potential dashboard distractions fall into the hands of Americans. A Toyota corporate sales manager says there are no plans to make the intelligent-parking feature available in the United States, either: “This is a very litigious society.” (Eric A. Taub, “Three Amazing Things Your Automobile Can’t Do”, New York Times, Oct. 27).
“New Evidence on Main Cause of Cerebral Palsy”
Another blow to the theories that have proved such a fertile source of litigation over the past few decades: “A new study undermines the long-held belief among obstetricians that oxygen deprivation, or hypoxia, is the main cause of cerebral palsy in premature infants. The study, published in the October issue of The American Journal of Obstetrics & Gynecology, found that the brain injury that leads to cerebral palsy was much more commonly associated with infection than with hypoxia.” (Nicholas Bakalar, New York Times, Nov. 2). Virginia Postrel comments (more on stored Google search page — note the nature of most of the advertising).
Gee, thanks, campaign reformers
In battleground states and on cable TV “the airwaves are choked with campaign ads that are hysterically conceived and factually deceptive — much worse, if such a thing is possible, than the ads that tortured the electorate in the pre-McCain-Feingold era. And most of them — note the irony — are paid for by fat cats. The irony, of course, is lost on supporters of McCain-Feingold, who continue to insist the reform has been a success.” (Andrew Ferguson, “Soros Might Not Be What Reformers Had in Mind”, Bloomberg News, Nov. 2). (more on the law: Nov. 1, Oct. 17, Aug. 23, Jul. 20).
Westwood One’s “Jim Bohannon show” tonight
I’m scheduled as a guest on Jim Bohannon’s popular radio show on Westwood One tonight, probably at 10:20 pm Eastern (but later if they need to juggle the schedule).
State marriage amendments: vote no
GOP lawyers move to shut up radio’s “John & Ken”
Only days after Democratic groups sicced lawyers on Sinclair Broadcasting for considering the airing of anti-Kerry footage, it’s the Republicans’ turn to assault unwanted speech, with the McCain-Feingold campaign finance law serving once again as a bludgeon:
In a complaint to the Federal Elections Commission, the National Republican Campaign Committee accused radio station KFI-AM (640) co-hosts John Kobylt and Ken Chiampou of “criminal behavior” for attacking Rep. David Dreier, R-Glendora, and endorsing his Democratic opponent, Cynthia Matthews.
By criticizing Dreier’s positions on immigration, promoting a “Fire Dreier” campaign and making on-air appeals for voters to elect Matthews, the NRCC said, the hosts gave Matthews an unlawful corporate, in-kind contribution of more than $25,000.
“This behavior is illegal and must be appropriately punished,” the NRCC charged, noting violation of the law carries a penalty of fines and jail time.
(Lisa Friedman, “Action filed vs. radio hosts over talk attacks”, L.A. Daily News, Oct. 29; see Calblog, Oct. 28, and Southern California Law Blog, Oct. 30)
Also at Point of Law
All sorts of other stuff is going on at our sister website:
* An all-new featured discussion on medical liability has just begun, proceeding from the publication of an important new empirical study by Stanford prof Daniel Kessler;
* Legal ethicist and law prof Lester Brickman has a commentary on a Manhattan judge’s questioning of legal fees in 9/11 cases;
* The Manhattan Institute is seeking applications for a research fellowship on legal issues;
* Law prof Michael DeBow, familiar to many readers for his guest postings here, is joining the Point of Law blog as a regular contributor, with comments already on flu vaccine, the dismissal of a charity hospital suit, FDA jurisdiction over tobacco, and a new antitrust blog;
* Ted Frank contributes items on malpractice by expert witnesses and on a new study suggesting that experts suffer from some of the same biases as lay observers in high-damage cases, on whether much “pro bono” litigation really helps the public, and on “Robin Hood” school-finance suits;
* Jim Copland welcomes a new and improved website, LegalReformNow;
* I’ve got posts on sanctions for wrongful litigation (did you know federal judges liked the sanctions in their old, stronger form?), collective business guilt, ski slope disclaimers, Sarbanes-Oxley, Judge Posner’s view that both Sherlock Holmes and law reviews are much overrated, liability’s burden on small businesses, and insurance broker scandals (posts in progress). Much more, too; bookmark the site today.
Bank error not in your favor, collect $250,000
Illinois: “A Madison County woman hopes that at least $250,000 will sufficiently relieve emotional distress she suffered when Bank One allegedly failed to remove unauthorized charges from her account.” Marsha Eubanks is “[r]epresented by Lakin Law Firm attorney Thomas Maag, son of Illinois Supreme Court Justice candidate Gordon E. Maag”. (Steve Gonzalez, “Woman hopes $250k will bring peace of mind”, Madison County Record, Oct. 19).
Gregoire the gregarious
Attorney General Christine Gregoire of Washington, a leading figure in brokering the 1998 tobacco settlement that ensured cartel-based profits for big tobacco companies and gigantic fees for the lawyers who sued them, is now in a close race for governor of the state. Very helpfully, she’s getting political contributions (via the Democratic Governors Association) from plaintiff’s-side lawyers such as Richard Scruggs, Joseph Rice and Steve Berman who were made exceedingly rich by the settlement, and who’ve given more than $1 million to the DGA in the space of a month. And another grateful contributor to the DGA is the lawyer who represented … Philip Morris. Isn’t it great when people can get along? (Ralph Thomas and Andrew Garber, “Out-of-state donors feed Gregoire fund”, Seattle Times, Oct. 28). For more, see Oct. 11, 2004, and Jul. 17 and Sept. 13-14, 2000.