An animal-rights group that calls itself the Physicians Committee for Responsible Medicine is assisting a disappointed dieter in suing the Atkins people over allegedly failing to warn that levels of bad cholesterol can rise on a meat-rich diet. A torts professor quoted by the Times says the complaint “reads as if it were done by someone who is doing it for reasons of publicity rather than private gain”, and even the named plaintiff pretty much admits that it’s more about headline-seeking than anything else. (Marian Burros, “Dieter Sues Atkins Estate and Company”, New York Times, May 27). Does the self-proclaimed Physicians Committee want publicity, then? Here’s some: National Council Against Health Fraud, Brian Carnell, Center for Consumer Freedom commentary and press release, ActivistCash.com . Together these links tell you all you probably need to know about the PCRM, which has also been extensively quoted in the press as a cheerleader for lawsuits against McDonald’s and other burger chains. Plus: yet more from CCF.
Archive for the ‘Uncategorized’ Category
“Art vs. property rights”
One reason not to commission a mural for your building: the federal Visual Artists Rights Act of 1990, which with some exceptions “prohibits the intentional alteration, mutilation or destruction of artworks without the consent of the artists” and gives the offended artist a right to sue. Lawsuits under VARA have not been numerous, but have raised questions of fairness to art owners as well as of unintended consequences. (Daniel Grant, Wall Street Journal Leisure & Arts/OpinionJournal.com, May 27; Cynthia Esworthy, “A Guide to the Visual Artists Rights Act”, NYArtsAlive.com, undated; IvanHoffman.com.
“Attorney loses lawsuit over Super Bowl show”
“Janet Jackson’s wardrobe malfunction during the Super Bowl halftime show may be a lot of things, but it’s apparently not worth $5,000. A judge rejected a Utah lawyer’s claim that CBS owner Viacom should pay him $5,000 for having to see Jackson’s bared breast during the Feb. 1 show. Eric Stephenson, contending false advertising, sued Viacom in small-claims court.” (AP/San Francisco Chronicle, May 27). On the earlier Boobgate lawsuit by Terri Carlin of Knoxville, Tenn., see Feb. 5, Feb. 8 and Feb. 14.
An encomium
“I like Overlawyered.com.
“But then, I like public hangings.” …
How can you not keep reading after an opening like that? (Sharp Knife, May 23)
“Panel Finds Mold in Buildings Is No Threat to Most People”
“Stepping into an issue that has alarmed homeowners and led to hundreds of lawsuits and billions of dollars in insurance payments, a government panel of experts reported yesterday that toxic mold in homes did not appear to pose a serious health threat to most people.” A panel of epidemiologists, toxicologists and pediatricians convened by the Institute of Medicine, an arm of the National Academy of Sciences, surveyed existing scientific literature on the subject. “Though the experts said mold and indoor dampness were associated with respiratory problems and symptoms of asthma in certain susceptible people, they found no evidence of a link between mold and conditions like brain or neurological damage, reproductive problems and cancer.” (Anahad O’Connor, New York Times, May 26). For more on mold litigation, see Dec. 4 and earlier posts; “The Growing Hazard of Mold Litigation”, U.S. Chamber of Commerce and Manhattan Institute Center for Legal Policy, Jul. 17, 2003 (paper in PDF format/press release). More: press release, video briefing and report links from National Academies.
Update: not the date they expected
“The six straight men who sued to prevent the broadcast of an UK reality show in which, unbeknownst to them, they competed for the affection of a preoperative Mexican transsexual quickly got over their claims of injury and public humiliation in return for a cash payment, clearing the way for the program to debut on UK television”. (see Oct. 31, Nov. 5). Various reports pegged the undisclosed settlement “at anywhere between $150,000 and $250,000 a man”. (Steve Rogers, “Lawsuit settled, ‘Crying Game’-like ‘There’s Something About Miriam’ premieres in UK”, RealityTVWorld, Feb. 23; Debi Enker, “Reality reaches new low”, Melbourne Age, May 20) (via Curmudgeonly Clerk, May 20).
Dept. of truly bad ideas
“Republican Californian Congressman Duncan Hunter has introduced a bill titled the ‘Parents’ Empowerment Act,’ which would allow the parent or guardian of a minor to sue (in federal court) anyone who knowingly disseminates any media which contains ‘material that is harmful to minors.'” The bill would apply in cases where “a reasonable person would expect a substantial number of minors to be exposed to the material” and “the minor as a result of exposure to that material is likely to suffer personal or emotional injury or injury to mental or moral welfare.” “Compensatory damages under the bill would start at no less than $10,000 for any instance a minor is exposed to harmful entertainment products”, and liability would apparently extend to original publishers, final retailers, and everyone in between. (“House Bill Threatens Retailers”, icv2.com News, May 21; Jonah Weiland, “CBLDF: New Censorship Bill Turns Parents Into Prosecutors”, May 21; Alan Connor, “The Parents’ Empowerment Act: finding the porn in Harry Potter”, London Review of Books, May 20)(text of H.R. 4239, introduced Apr. 28, courtesy TheOrator.com). Focus on the Family, the religious-right group, likes the idea (Keith Peters, “Congress Considers Parents’ Empowerment Act”, Family News in Focus, May 3)(more on free speech and media law).
Prison builders sued after serial killer’s suicide
“The mother of accused serial killer Maury Travis, whose bizarre hanging death in the St. Louis County Justice Center was ruled a suicide, filed a suit Friday against the county, the architects who designed the jail and the contractors who built it.” Authorities believe Travis committed as many as twenty murders; he hanged himself in his prison cell after leaving a note. (Peter Shinkle, “Mother of accused serial killer sues over death in jail”, St. Louis Post-Dispatch, May 15)(via Brian Noggle)(& letter to the editor, Jun. 22).
Toward an “apology privilege”
“On the one hand, it should not surprise us that genuine contrition defuses litigation. Anybody who has ever served as a general counsel of a corporation knows — or should know — that most people bring lawsuits because they are angry. … On the other hand, we have created rules of evidence that make it very difficult for people and institutions to apologize. … If you apologize, it can and will be used against you to prove liability. If you don’t apologize, though, you may increase the likelihood of the lawsuit, you avoid coming to terms with your own culpability, and you fuel the rage of the person you injured.
“Two states, Colorado and Oregon, have created a little space for civility by passing laws that bar plaintiffs from introducing a doctor’s apology as evidence in a medical malpractice case. A great start, but why carve out an ‘apology privilege’ just for doctors?” — Jack Henneman of Tigerhawk (May 18). And see Cut to Cure, also May 18.
“Betting on the Pequots”
Yesterday’s New York Post published my favorable review of Brett Fromson’s book Hitting the Jackpot: The Inside Story of the Richest Indian Tribe in History about the machinations that resulted in the rise of the Mashantucket Pequot tribe in Connecticut and its fabulously successful casino, Foxwoods. The story is one replete with bald impostures facilitated by lawyers who, in a fine career arc, started out in the ever-so-idealistic legal services movement and gradually turned into well-compensated casino promoters, all on behalf of a crew of putative tribe members who “are about as authentically Indian as Camilla Parker Bowles.” (Walter Olson, “Betting on the Pequots”, May 16).