Posts Tagged ‘autos’

SCOTUS refuses to review Flax punitive damages

I expressed skepticism this summer that the Exxon Shipping v. Baker decision was a positive sign for the Court’s punitive damages jurisprudence. After the replay of Philip Morris v. Williams and, now, the Court’s denial of certiorari in DaimlerChrysler v. Flax this week, I can say I was right.

As readers of Overlawyered know, the Tennessee Supreme Court reinstated $13.3 million of punitive damages over a good-faith dispute over a van’s seat back design (in an accident caused by a drunk driver), giving no credit to the fact that the design in question was safer than federal safety standards, or to Exxon Shipping’s suggestion that punitive damages greater than a 1:1 ratio were possibly constitutionally inappropriate where compensatory damages were substantial and the defendant’s actions were not intentional or done for profit. As I described the case back then:

In 2001, Louis Stockell, driving his pickup at 70 mph, twice the speed limit, rear-ended a Chrysler minivan. Physics being what they are, the front passenger seat in the van collapsed backwards and the passenger’s head struck and fatally injured 8-month old Joshua Flax. The rest of the family walked away from the horrific accident. Plaintiffs’ attorney Jim Butler argued that Chrysler, which already designed its seats above federal standards, should be punished for not making the seats stronger — never mind that a stronger and stiffer seat would result in more injuries from other kinds of crashes because it wouldn’t absorb any energy from the crash. (Rear-end collisions are responsible for only 3% of auto fatalities.) Apparently car companies are expected to anticipate which type of crash a particular vehicle will encounter, and design accordingly.

(h/t Cutting)

May 14 roundup

Goodyear v. Kirby

19-year-old Sidney Odom happily went along when 20-year-old Travis Kirby and 18-year-old Riley Strickland asked “Who wants to go to the Beacon?”—a bar in Terry, Mississippi. A long night of drinking and driving came to an end at about 3 am when Kirby’s Camaro hit a tree at about 90 mph. As none of the three were wearing seatbelts, all were ejected from the vehicle. Kirby, whose blood-alcohol level was three times the legal limit at 0.25%, died at the scene; the other two were injured.

Since we’re talking about the case, you can guess that the three blamed everyone except the underage drunk drivers: in this case, the car seller, the tire installer, and the tire manufacturer, Goodyear Tires. The car seller settled for about half a million dollars; a Copiah County jury found the other defendants liable for an additional $2.1 million. Goodyear appealed, complaining about various prejudicial statements made by the plaintiffs’ attorneys, such as introducing evidence from other lawsuits about other types of tires, but the Mississippi state appellate court affirmed. (Holbrook Mohr, “Miss. court agrees tire, not alcohol caused crash”, AP/Washington Post, Apr. 22; Goodyear Tire & Rubber Co. v. Kirby (Miss. App. 2009)).

“California may ban black cars”

Michael Arrington, TechCrunch: “The California legislature is considering regulating the color of cars and reflectivity of paint to reduce the energy requirements to cool them. …dark colors just don’t reflect well, so they are likely out.” (via Coyote Blog).

P.S. Ian Douglas of the Telegraph (h/t Walker in comments) says reaction to the rules has been exaggerated and that so long as a “cool paint” with infrared reflectivity is used, California drivers can have any color they want, even if it’s black. And yet more from Janet Neilson, Western Standard.

Microblog 2008-12-13

  • Holman Jenkins on auto bailout [WSJ] Bush’s willingness to use TARP helped the unions scuttle a reasonable deal with Corker; and why exactly did CEO Wagoner commit GM to the (dubious and self-injuring) position that buyers’d abandon the company in the event of a Chapter 11? [Hodak Value h/t Ted] So that’s what dragging Detroit down — domestic partner benefits [Brayton] And Ted wonders if it might be cheaper in the long run for the government just to buy a Senate seat from Gov. Blagojevich for every auto worker;
  • Where’d Gov. Blagojevich pick up idea it was OK to sell official acts for $$$? Can’t imagine [Ribstein] Who is Advisor B? [Byron York] Sing, Rod, sing! [Coleman] “Blago’s decision to let SEIU and not AFSCME organize Ill. child-care workers” Hmmm [Freedom-at-Work, NRTW] “How do they think Chi pols talk in private when muscling some guy for cash? Like Helen Mirren playing the queen?” [John Kass, Tribune] A look at AG Lisa Madigan [PoL] Illinois pols have shaken down hospitals before, state’s “certificate of need” (permission-to-build) law is one culprit [StateHouseCall]
  • J.K. Galbraith’s best bon mot: “bezzle” = inventory of unexposed embezzlement, revealed as tide of boom recedes [Cox, Breaking Views] Fascinating memoir of why Madoff had been giving off fishy smell for years [Tokyo Cassandra] So sleazy! “Many” investors put $ with Madoff because they suspected he was crooked — but cheating someone else [Blodget] “Madoff didn’t run one of these much-maligned, unregistered hedge funds. He was registered with the SEC. Here’s his latest 13-F, which looks perfectly normal.” [Weisenthal]
  • Daily downer for media folk [@themediaisdying h/t @amyfeldman] “Remember, America, you can’t wrap a fish in satellite radio” — P.J. O’Rourke wants bailout for print [The Australian]
  • Jurors’ political leanings predict whether they’re pro-plaintiff or defendant? Not as simple as that [Wisconsin Lawyer h/t @juryvox]
  • Asbestos rise in Madison County, Illinois could signal return to “old school” tactics [MC Record h/t @icjl]
  • Sue me harder, don’t stop now: competing Fla. fetish clubs feud in court, which’ll get whipped? [ABA Journal]
  • Russian patent office grants trademark for 😉 emoticon, businessman asking royalties [BBC h/t @bodhi1 @mediadonis]
  • Arnold Kling: loan modification way oversold as remedy for housing ills [EconLog h/t @tedfrank]
  • Best line: “the goose was not our employee or our agent” [CKA Mediation h/t @vpynchon, earlier]

Microblog 2008-12-09

  • Everything that makes Chicago politics what it is: Gov. Blagojevich shook down a children’s hospital [Massie] Time to play Name That Goon: guess which statements are by Illinois governor and which by Tony Soprano [Daily Beast] The most closely watched Obama appointment is and should be the U.S. Attorney for Chicago [@patrickruffini]
  • Many writers including me relied on UAW assertion that oft-heard $73/hour figure for GM compensation was misleading because it included vast army of retirees; but per one new paper, the number really does reflect only payments for currently active workers [James Sherk, Heritage] Contra, the New York Times sides with the original critique of the number [David Leonhardt]
  • Green activists contact the authorities to report illegal logging, turns out to be beavers [OK!; Poland]
  • Pride and Prejudice: the Facebook feed [DeeDee Baldwin]
  • Economists invite volunteers to play game simulating investment behavior. Usual result? Bubbles & crashes [Postrel]
  • “Watermelon smell”, “ferret odor”, “gasoline fumes”: Japanese site uses Google maps to track stinky locations [Japan Probe via Tyler Cowen]
  • Subprime-implosion lawsuits haven’t gone well for plaintiffs, who’ve had trouble showing guilty state of mind [CCH Wall Street] But are things beginning to shift in their favor? [Frankel, American Lawyer]
  • Nifty “Atlas of True Country Names” displays place names as their underlying meanings [Telegraph]

Microblog 2008-11-25

  • Why real estate agents make you sign 1,000 silly forms [Christopher Fountain] Michigan requires acknowledgment that nearby farms “may generate noise, dust, odors” [Land Division Act h/t Sean Fosmire]
  • Albuquerque police take out want ad seeking snitches [AP]
  • “A prez must know S of S has no agenda other than his own” Chris Hitchens flays the Hillary pick [Slate]
  • Not all British nannies are charming: U.K. regulators may ban “happy hour” in bars [AP h/t Jeff Nolan]
  • As Georgia “sex offender” horror stories go, Wendy Whitaker case may outdo Genarlow Wilson’s [Below the Beltway; more on Wilson case]
  • U.K. juror polls her Facebook friends to help decide on case [AllFacebook h/t @lilyhill and @Rex7; Greenfield]
  • Looking for political conservatives on Twitter? Here’s a long list [Duane Lester, All American Blogger; and I have a comment on ways to use Twitter]
  • New page of auto-feeds from leading Canada & U.S. law & politics blogs [Wise Law Reader]
  • Bailout’s a lot bigger than you think, try $7.8 trillion with a “t” [John Carney]. Claim: with $ sunk since ’80, GM and Ford could have closed own plants and bought all shares of Honda, Toyota, Nissan and VW [David Yermack, WSJ via Cowen]. What if Citi gives up Mets naming rights? Gary’s Bail Bonds Stadium just doesn’t quite have the same ring to it [Ray Lehmann]
  • Australian class action could derail because overseas funders didn’t register as investment managers [The Australian h/t @SecuritiesD]

Microblog 2008-11-21

  • “Forensic Experts Aren’t Team Players. Nor Should They Be.” [Balko, Reason “Hit and Run”]
  • Australia high court reverses 2 crim convictions, judge snored loudly a lot (not just your innocent-error naplet) [Lowering the Bar]
  • Hear that V-3 hum: preview of 2012 post-bailout car from Congressional Motors [Iowahawk satire]
  • California Supreme Court gets a Prop 8 amicus brief from “Divine Queen of the Almighty Eternal Creator” [Box Turtle Bulletin]
  • Bristol, CT mulls ban on smoking on public streets [Connecticut Employment Law Blog]
  • “Singers Sue Label For Failing To Sue Others For Infringement” [TechDirt; Hall & Oates, Warner/Chappell; h/t @tamerabennett]
  • Lawyer must spend half her time deflecting jokes about her name [Sullivan & Cromwell]