Posts Tagged ‘baseball’

March 3 roundup

  • “Illinois trial lawyers take a swing at youth baseball” [Curt Mercadente, Illinois Civil Justice League]
  • Luzerne County, Pa. scandal: “Court Filing Says Former Judge Met With Felons Twice a Month” [Legal Intelligencer]
  • You’d think Obama could find some person without major-league trial lawyer connections for the cabinet seat on health, but you’d be wrong [Wood, PoL, on Kathleen Sebelius, and earlier on Tom Daschle]
  • Remember the many times when town officials do or say something arguably racist and the U.S. Department of Justice opens an investigation? Doesn’t seem to happen with the Detroit City Council [Nolan Finley, Detroit News]
  • Copyright enforcement doesn’t scale and that’s another reason its future looks bleak [David Post @ Volokh]
  • Thought it wasn’t going to happen? “Some Passengers Mull Lawsuits Over Life-Saving US Airways Crash-Landing” [ABA Journal, WSJ law blog, earlier here and here]
  • Sex shop that suddenly appeared in genteel Old Town Alexandria, near D.C. is sort of the zoning equivalent of a spite fence [WaPo]
  • Claim of British researchers: lawyers’ IQ-point edge over general public has declined over last decade [The Lawyer]

February 19 roundup

  • Surprising origins of federal corruption probe that tripped up Luzerne County, Pa. judges who were getting kickbacks on juvenile detention referrals: insurers had noted local pattern of high car-crash arbitration sums and sniffed collusion between judges and plaintiff’s counsel [Wilkes-Barre Times Leader, Legal Intelligencer] Court administrator pleads to theft [Times Leader] Judge Ciavarella had secret probation parole program [PAHomepage]
  • We get accolades: “ has a new look. Great new format, same good stuff,” writes ex-securities lawyer Christopher Fountain, whose real estate blog I’m always recommending to people even if they live nowhere near his turf of Greenwich, Ct. [For What It’s Worth]
  • “Fla. Jury Awards $8M to Family of Dead Smoker in Philip Morris Case” [ABA Journal; for more on the complicated background of the Engle case, which renders Florida a unique environment for tobacco litigation, start here]
  • Scott Greenfield vs. Ann Bartow vs. Marc Randazza on the AutoAdmit online-bathroom-scrawl litigation, all in turn playing off a David Margolick piece in Portfolio;
  • Eric Turkewitz continues his investigations of online solicitation by lawyers following the Buffalo crash of Continental Flight #3407 [NY Personal Injury Law Blog, Mon. and Tues. posts; earlier]
  • One vital element of trial management: keep track of how many jurors there are [Anne Reed, Deliberations]
  • Public Citizen vs. public health: Sidney Wolfe may succeed in getting the FDA to ban Darvon, and the bone marrow transplant nurse isn’t happy about that [Dr. Wes, KevinMD, more on Wolfe here]
  • “Baseball Star’s [uninfected] Ex Seeks $15M for Fear of AIDS” [OnPoint News, WaPo, New York Mets star Roberto Alomar]

November 23 roundup

  • In unpublished opinion, California appeals court upholds dismissal of Unruh Act challenge to baseball Angels’ Mothers Day tote giveaway [Lex Icon, earlier]. More: CalBizLit.
  • Securities class-action firm Bernstein, Liebhard & Lifshitz perhaps a less credible tribune of fiscal rectitude now that name partner Mel Lifshitz has copped felony plea to lying on federal taxes [NY Post, NYLJ, WSJ law blog] And what’s this about Lifshitz funding one of his firm’s clients? [The Street] P.S. He’s now departed the Bernstein firm, but maybe there’s an opening for him as chairman of House Ways and Means.
  • Per one lawyer, “would be a stretch” for website operator to be held liable for teen’s overdose suicide with webcam running [AP]
  • Carter Wood finishes up weeklong series of posts looking back on the great 1998 tobacco settlement [ShopFloor links to PoL]
  • Eric Holder not a reassuring Attorney General choice for gun rights [Kopel @ Volokh]
  • Law bloggers on Twitter: Anne Reed explains what the fuss is about [Deliberations; related, Michelle Golden]
  • Compulsory chapel? UC Irvine Prof. Alexander McPherson, who quit supervising students rather than submit to state-mandated sexual harassment training, explains his stand [L.A. Times] Lefty blogs once again empty a bucket over his head [Feministe, Lemieux]
  • Presumably unrelated: “Law Grad Accused of Faking E-Mail to Implicate Prof in Harassment” [ABA Journal, Florida Coastal]

October 21 roundup

  • Hey, that Jon Bon Jovi baseball anthem sounds familiar, make the check out for $400 billion please [Boston Herald]
  • Cyrus Sanai, known for dogged campaign against Judge Kozinski, is back with a new 80-page complaint which also names “10 other district court and 9th Circuit judges who have been assigned to his family’s case at one time or another.” [NLJ]
  • More on English “no barbed wire on allotments” rules: “I am replacing the glass in the windows of my house with tissue paper, so that burglars — poor lambs — will not cut themselves while breaking and entering.” [Dalrymple, City Journal]
  • Ethical alarms should go off when criminal defense lawyers’ marketing hints at insider pull or former-prosecutor clout [Greenfield]
  • Annals of public employee tenure: firing a cop in Chicago sure isn’t easy [TalkLeft, FOI files on Gerald Callahan and William Cozzi cases at Chicago Justice Project]
  • Gigantic government database of cellphone users planned for U.K. [Massie]
  • Babies only, please: Nebraska backs off from its dump-a-teen “safe haven” parental abandonment law [Althouse, earlier]
  • Some Israelis may be overly cheery in welcoming presumed benefits of consumer class actions [Karlsgodt citing Jerusalem Post editorial]

Red Sox fan: Yankee fans beat me up

And it’s the fault of Yankees management and a stadium security firm, as well as the two men who actually knocked him around, says Charles Hillios of Chicopee, Mass., of the Aug. 29, 2007 incident at Yankee Stadium. (“Red Sox fan from Chicopee takes legal swing at New York Yankees”, Springfield, Mass. Republican, Aug. 6 via TortsProf weekly roundup).

P.S. In comments, Curt Cutting calls our attention to a lawsuit arising from another fracas between fans of the two teams, this one in Carlsbad, Calif. In that one a jury awarded $25,000 to the Yankees fan “for injuring his hand when he punched” the Red Sox fan.

Sun glare on the diamond? You might hear from our lawyer

Parents of a young pitcher at an American Legion baseball game were worried that the way the sun shone right toward the pitcher’s mound could hurt their son’s eyes. The next thing you know they were talking about a future lawsuit and the risk managers swung into action. The upshot is that Northwestern University, owner of Rocky Miller Park in Evanston, have told the teams that they can no longer play their home games at the park. Head coach Frank Consiglio said, “When it comes to the sun, you could say that about any ballpark in the country at any time. … It’s unfortunate that one person can ruin this.” (Dennis Mahoney, “Lawsuit threat forces NU to ban evening Legion games”, Pioneer Local, Jun. 26 via Chronicle of Higher Education and Pero)

Benched for Your Own Good

Is a coach liable for any injuries when he asks an injured athlete to return to the game? It’s the final scene of just about every hard-luck sports flick ever filmed.

In a recent article, Prof. Timothy Davis of Wake Forest Law observes that coach liability is a real risk in amateur and school athletics. “Coaches owe a duty of care to their students not to increase risks that are inherent in a sport.” Thus have coaches been held liable, from time to time, for their players’ injuries.

But what about in the wide world of professional sports? There’s not much precedent, but it should be possible:

The forgoing cases suggest that, where an athlete is injured as a consequence of a coach acting in a manner that is outside the realm of his or her expertise, potential liability based on recklessness might ensue. This is particularly the case where coaches have actual or constructive appreciation of the potential risks that might flow from their conduct.  Such would be the case when a coach’s decision is contrary to medical advice.  Similarly, a coach’s demand that an athlete return to play, given the coach’s absence of medical expertise, arguably provides evidence of recklessness, since it disregards an immediate and readily ascertainable risk, in contrast to an abstract possibility of risk.

Still, Davis lists a variety of bars to liability–worker’s comp, athletic “culture,” federal preemption, arbitration, etc.–and concludes that pro coaches don’t face great incentives to protect players’ health–at least, not yet.

The trial-bar-friendly New York Times has gone a bit overboard of late agitating about concussions in football. Davis, however, points to the league’s response as a model of how to make progress outside of the courtroom.

Metal baseball bats, cont’d

Filling in a detail readers wondered about before, on why Little League was named as a defendant: “The game in which Steven Domalewski sustained the injury was a Police Athletic League contest rather than a Little League event. Attorney Ernest Fronzuto countered that Little League Baseball officially approved the bat and by its actions led players, coaches and parents to believe the bat was safe for play among 10-, 11- and 12-year-olds.” (Bob Condor, “Living Well: Youth baseball injury stats: Ouch!”, Seattle Post-Intelligencer, Jun. 1).