Posts Tagged ‘baseball’

“Bat maker found liable for player’s death”

A Montana jury decided that the aluminum baseball bat manufactured by “Louisville Slugger” maker Hillerich & Bradsby was not a defective product, but that the company should have warned of the dangers from its hitting balls at a higher speed, and awarded a family $850,000 for the 2003 death of their son at a baseball game. [Helena Independent Record, AP] Early commentary: Russell Jackson (doubting that a warning would actually have altered the behavior of those in the game) and Eugene Volokh (before verdict). Earlier here. More: Jim Copland discusses on CNN; Above the Law.

October 12 roundup

  • Speech-curbing proposals continue to get polite academic reception: NYU’s Jeremy Waldron, big advocate of laws to curb “hate speech”, delivered Holmes Lectures at Harvard this past week [HLS, schedule]
  • Lawsuit over collectible baseball hit into stands by Phillies’ Ryan Howard, his 200th career homer [Howard Wasserman, PrawfsBlawg; NJLRA]
  • Orchid-importer prosecution a poster case for the evils of overcriminalization? Maybe not [Ken at Popehat]
  • Texas State Fair and city of Dallas don’t have to allow evangelist to distribute religious tracts inside the fair, judge rules after three years [Dallas Observer blog]
  • Drug maker: FDA’s curbs on truthful promotion of off-label uses impair our First Amendment speech rights [Beck and Herrmann and more, Point of Law and more]
  • Did plaintiff Eolas Technologies go to unusual lengths to ensure Eastern District of Texas venue for its patent litigation? [Joe Mullin, IP Law and Business via Alison Frankel, AmLaw]
  • Update: “Lesbian Denied Infertility Treatment Settles Lawsuit” [San Diego 6, earlier]
  • Even in the Ninth Circuit, “psychological injury resulting from a legitimate personnel action” is not compensable [Volokh]

September 24 roundup

  • Florida man and attorney file multiple ADA complaints against businesses in Seminole-Largo area [Tampa Bay Newspapers]
  • “The growing ambitions of the food police”: FrescaBottleCapdietary paternalism in Bloomberg’s NYC and Washington, D.C. doesn’t go over well with writers at Slate [William Saletan, Jacob Weisberg, Katherine Mangu-Ward, Glenn Reynolds]
  • Assumption of risk is alive and well in New York cases over sports and spectator injuries [Hochfelder first, second, third posts, NYLJ]
  • Favorable review of William Patry, “Moral Panics and the Copyright Laws” [BoingBoing]
  • Kentucky high school case: “Coach Acquitted in Player’s Heatstroke Death” [ABA Journal]
  • Olivia Judson on the Singh case and the many problems with British libel law [NYT; earlier here, here, etc.]
  • Kids behave stupidly with girlfriends/boyfriends or dates, then the law ruins their lives [Alkon, Balko, Sullivan]
  • “Report a bad doctor to the authorities, go to jail?” [Orac/Respectful Insolence, Texas; disclosure of patient and official information alleged against nurses]

August 20 roundup

Rick Reilly on the Oakland Mother’s Day-stadium suit

By reader acclaim: ESPN’s Rick Reilly is righteously hacked off at California serial litigator Alfred Rava and his sex discrimination settlement over an Oakland A’s breast cancer promotion which gave out floppy sun hats on Mother’s Day to women attending the game but not (horrors) to men. (“Make $100 the sleazy way“):

So how many guys have lined up to get their rightful floppy-hat-equivalent payment that was stolen from them by those selfish Mother’s Day-manipulating women? “Well, I haven’t taken a single call so far,” said the 1-888 operator at the firm handling claims. “And I’m here just about every day.”

Earlier coverage of Rava’s Oakland suit here, and on his earlier suit over an Anaheim Angels Mother’s Day tote bag giveaway here, here, here, and here.

More baseball liability woes

This time in Iowa:

A state Supreme Court ruling that allows a Bettendorf woman to sue over injuries her daughter suffered when she was struck with an errant bat at a minor-league baseball game threatens the spirit of America’s pastime, according to a judge who said his fellow justices have “taken a mighty swing … and missed by a mile.”

Cynthia Sweeney had signed a liability waiver, but sued anyway after her daughter, sitting in the bleachers as part of a school field trip, was struck by a bat that went flying. For more baseball-liability reports, follow our baseball tag.