Posts Tagged ‘Alabama’

Tort lawsuit named wrong state, described living complainant as dead

Details, always with the picky details: in an opinion written by Justice Jay Mitchell, the Supreme Court of Alabama has thrown out as untimely a tort suit filed against Janssen Biotech Inc. claiming injury from the side effects of a medication. [Charmaine Little, Chamber-backed Legal Newsline] Timeliness wasn’t the only problem with the suit, drafted by the complainant’s attorney wife:

Mitchell noted in the ruling that it was “apparent” from a review of the original complaint that it was copied from another complaint.

“The complaint included numerous factual and legal errors, including an assertion that Tim was dead even though he is alive and claims invoking the laws of Indiana even though that state has no apparent connection to this litigation,” Mitchell wrote.

Law enforcement for profit roundup

May 22 roundup

  • My comment on the House-passed H.R. 5: “Proposed Equality Act would 1) massively expand federal liability in areas unrelated to sex, gender, or orientation; 2) turn 1000s of routine customer gripes into federal public-accommodations cases; 3) squeeze conscience exemptions hard. All are good reasons to oppose.” More: Scott Shackford, Elizabeth Nolan Brown, Hans Bader, and earlier here and here;
  • America is not in a constitutional crisis: “Politicians have become incentivized to declare constitutional crises because it enhances their own importance as saviors and demonizes their opponents as illegitimate.” [Keith Whittington; Vox mini-symposium with Ilya Somin and others] Mike McConnell vs. Josh Chafetz on whether the current Congressional subpoena fights are really that different from politics of the past [Jonathan Adler] Calm, down-the-middle analysis of the issues raised by the Mueller report [Cato Institute chairman Bob Levy]
  • “Mercedes Goes To Court To Get Background Use Of Public Murals In Promotional Pics Deemed Fair Use” [Timothy Geigner]
  • Bizarro sovereign-citizen notions are found in the background of more than a few serious financial fraud cases [Ashley Powers, New York Times]
  • Divestment and sanctions by state governments aimed at other U.S. states is a bad idea that never seems to go away. Now it’s being floated in Maryland, against Alabama [my Free State Notes post]
  • “A federal judge in Texas wants you to know she’s sick and tired of whiny lawyers” [Justin Rohrlich, Quartz from December, Brad Heath on Twitter; Align Technology v. ClearCorrect, Judge Vanessa D. Gilmore]

Alabama law enables sheriff to eat well

Under an Alabama law passed before World War II, many county sheriffs can keep what are deemed extra sums allocated for inmate meals but not used for that purpose. Some large counties require the surplus to be turned over to general county funds. Can sheriffs of other counties convert the funds to personal use? In Etowah County (Gadsden), a local resident says he was paid to mow the sheriff’s lawn with checks from from the sheriff’s “Food Provision Account.” [Connor Sheets, Al.com] And in a followup, four days later local police arrested the resident who had told the reporter about being paid for lawn-mowing. The raid, said to have been based on an anonymous call reporting the odor of marijuana issuing from within an apartment, resulted in charges against him later bumped up to felony drug trafficking based on weight: “Once that marijuana was mixed with the butter then the whole butter becomes marijuana, and that’s what we weighed.” [Sheets, Al.com]

Law enforcement for profit roundup

  • “When you find yourself threatening to find more reasons to put even more citizens in jail in order to protect your revenue stream, it’s maybe time to take a step back and think about what you’re doing.” [Scott Shackford on Alabama forfeiture debate]
  • How IRS spent $20 million on debt collection program that generated $6.7 million in payments [Howard Gleckman, Tax Policy Center]
  • “Federal Judge Strikes Down New York City’s Dragnet That Seized Thousands Of Cars Without Warrants” [Nick Sibilla, IJ/Forbes]
  • Prison phone calls and other captive markets: “Stop squeezing prisoners’ families for cash” [Megan McArdle]
  • “The high price of being wrongly accused in Alabama’s ‘monetized’ criminal justice system” [Ashley Remkus, Al.com]
  • “Cop Who Called Asset Forfeiture ‘A Tax-Liberating Goldmine’ Sued for Illegal Traffic Stop and Seizure” [C.J. Ciaramella; Kane County, Ill.]

Concert booker not liable for patron’s injury

“The Alabama Supreme Court says a man can’t go forward with his lawsuit against a company involved in booking a death metal concert where he was injured.” The plaintiff said he was thrown to the ground during the Mobile event and suffered serious spinal injuries. “The decision says ICM Partners received a $250 commission for booking the band but had no other involvement.” [Insurance Journal; compare successful claims against advertisers, broadcasters, and others following the 2003 Rhode Island Station Nightclub fire]

Free speech roundup

Annals of nastygrams: Roy Moore’s lawyer to Alabama press

Lawyers, grammarians and connoisseurs of nastygrams will be studying this one for a long time: attorney Trenton Garmon, representing Alabama Senate candidate (and longtime Overlawyered favorite) Roy Moore, has sent a demand letter to Alabama press outlets instructing them that they had better not run certain negative stories. [Elliot Hannon, Slate; Ed Kilgore, New York mag] More: Kevin Underhill, Lowering the Bar.