Posts Tagged ‘baseball’

“Parents to Sue Maker of Metal Baseball Bats Over Son’s Injury”

“A New Jersey couple, whose son was struck in the chest with a line drive, is planning to sue the maker of a metal baseball bat used in the game.” The family of Steven Domalewski “contends metal baseball bats are inherently unsafe for youth games because the ball comes off them much faster than from wooden bats. The lawsuit will also be filed against Little League Baseball and a sporting goods chain that sold the bat.” (AP/, May 18). Earlier: Apr. 19 and Dec. 30, 2002.

High school pitcher: team’s fault I overused my arm

Sports doctors say more youngsters are coming in with arm injuries from excessive hard pitching on the baseball field. In Washington state, Jason Koenig has lost his lawsuit claiming that North Mason High School was negligent in not overriding his wishes to stay in for all nine innings, 140 pitches, in a game in April 2001, resulting in injury to his arm. (Tom Wyrwich, “Former high school pitcher hopes rules are changed to protect young arms”, Seattle Times, Apr. 29).

Redirects: thanks to volunteer Andrew Grossman

This may be inside baseball for those who lack interest in blog mechanics, but since it is excellent news for Overlawyered and its readers, we’ll boast about it: volunteer Andrew Grossman has stepped forward to accomplish for us something we’d been dearly hoping to accomplish, namely installing redirects that will get several years’ worth of older (2003-2008) posts to display in current URL format. The underlying problem is that we’ve been through three iterations of Movable Type and each had a different way of creating the URL format for a post: (first method) (same post, second method) (same post, current method — note use of hyphens instead of underscores)

Simply discontinuing the old versions would cause thousands of old links, both incoming and internal, to break. But the continued existence of the old versions led to several kinds of problems: they could no longer be formatted properly, so they looked ugly if not unreadable; moreover, users of Google and other search engines would encounter two (or, more recently, three) textually identical versions of the same post, which was confusing at best. Hence the need for redirects.

Aside from his having done us this service, another reason to commend Andrew Grossman to your attention is his day job as Senior Legal Policy Analyst, Center for Legal and Judicial Studies at the Heritage Foundation. His writing interests there include “federal criminal law and the problem of ‘overcriminalization’ — the practice of turning minor civil offenses into serious criminal acts,” and other topics equally well matched with ours here, including the likely boon to litigation from Congress’s CPSC expansion, the ill-conceived ADA Restoration Act under consideration on the Hill, and Judge Posner’s summary approach to dubious expert witness testimony. We hope he’ll be guest blogging in this space before long.

Latest claimed IP infringements

Both via Ron Coleman: “Deutsche Telekom / T-Mobile demands Engadget Mobile discontinue using the color magenta” (Engadget, Mar. 31)(via). And Major League Baseball apparently makes bold to own all combinations of characteristic team colors and “baseball lettering” on shirts, even when the actual shirt message is something unrelated to baseball, such as “Obama” (Susan Scafidi/CounterfeitChic, Mar. 18) (via).

Exclusive: Grand Theft Auto deposition

Back in 2005, when the first lawsuits were filed over the Grand Theft Auto hot coffee mod, I wrote:

Me, I’m just amused by the thought of class action attorneys trolling for a named plaintiff parent who will testify that, while she was okay for her little Johnny to buy a game involving drug dealing, gambling, carjacking, cop-shooting, prostitution, throat-slashing, baseball-bat beatings, drive-by shootings, street-racing, gang wars, profanity-laced rap music, violent homosexual lovers’ quarrels, blood and gore, and “Strong Sexual Content,” she is shocked, shocked to learn that the game also includes an animation at about the level of a Ken doll rubbing up against an unclothed Barbie doll with X-rated sound effects…

Alas, Take Two games has given in to the blackmail and settled the case, but a sense of how frivolous it was can be seen from the following deposition excerpt of lead plaintiff Brenda Stanhouse, a schoolteacher in Belleville, Illinois, who will receive $5000 for her role in the litigation. Recall that Mrs. Stanhouse is alleging she was defrauded because she would not have bought a game that could be modified to include “pornography,” but take a look at pp. 67 ff. of the deposition, where she makes clear she didn’t have the faintest idea what was in the game that she did buy. Readers: type your favorite Stanhouse deposition excerpts in the comments.

January 30 roundup

“The tackiest lawyer advertisements of all time”

Norm Pattis makes a couple of nominations from the local crop he sees in Connecticut (Nov. 14). To me, at least, “Lady DUI” doesn’t sound as bad as Pattis’s choice for a “close second”, which

goes to a firm boasting that it can get every dime possible for you if you are injured. The lawyer intoning this commitment stands slapping baseball bat into an open hand. What does he do, beat the adjuster to death for an extra dollar or two?

Update: Baseball players can’t sue over fantasy baseball statistics

As a Judge Morris Arnold opinion holds (h/t Slim) baseball players can’t prohibit fantasy baseball players from playing games based on their statistics. Earlier: May 2006; April 2005.

Not only does this post allow me to celebrate one of my favorite judges, but I can also use this platform to note that Kenny Lofton was out: not because he didn’t beat Manny Ramirez’s throw into second base (he did), but because he bounced off the bag afterwards while still being tagged.

Ninth Circuit tosses Corrie-Caterpillar case

“Caterpillar Inc. cannot be held legally liable for the use of its bulldozers in Israeli military operations because the equipment is paid for with American government funds and represents an extension of American foreign policy, a federal appeals court ruled.” (Josh Gerstein, “Caterpillar Escapes Liability For Israeli Bulldozer Operations”, New York Sun, Sept. 18). The court invoked the political question doctrine: “Allowing this action to proceed would necessarily require the judicial branch of our government to question the political branches’ decision to grant extensive military aid to Israel. …In this regard, we are mindful of the potential for causing international embarrassment were a federal court to undermine foreign policy decisions in the sensitive context of the Israeli-Palestinian conflict.” (Dan McLaughlin, Sept. 18). Earlier coverage on this site is here.

“The Corrie family was represented by the Center for Constitutional Rights and Seattle University Law School’s Human Rights Clinic.” (John G. Browning, “Legally Speaking; Sue the bulldozer company, and get crushed by common sense”, Southeast Texas Record, Sept. 11). Joining the family’s cause on appeal was Duke lawprof Erwin Chemerinsky, who, unrelatedly, has now been restored to an offered position as dean of the new UC Irvine school of law, following a bizarre offer-withdrawal that drew protests from across the political spectrum. Ken McCracken at Say Anything comments (Sept. 17) about the Ninth Circuit decision and the Irvine reinstatement, “For Chemerinsky, justice was served correctly to him in both instances.” More: Michael Krauss @ PoL.