Posts Tagged ‘Colorado’

“I believe that the primary responsibility at this point rests with Cinemark”

Yes, it’s a lawyer — and from a reasonably well-known New York firm at that — blaming the theater operator for the Aurora, Colo. attack [Abnormal Use (“It is interesting that Mr. Bern chose to say the ‘primary responsibility’ for the shooting lies with Cinemark. I would have probably placed the primary responsibility on the guy with the gun who was actually doing the shooting”), earlier; BBC]

By reader acclaim: first suit filed in Colorado theater shooting

Attorney Donald Karpel, representing a theatergoer, plans to sue the theater in Aurora, Colo., the doctors who prescribed medications for the killer, and Warner Brothers, for “rampant violence” in its Batman movie. [TMZ] Suits against movie studios, at least, unlikely to prevail, so let’s be thankful for small sanities [Reuters] “That a cinema should prepare to repel a concerted paramilitary attack is only reasonable In Times Like These.” [George Wallace] More: Ken at Popehat.

Labor and employment roundup

January 9 roundup

“Plaintiff seeks phantom damages 6 times greater than actual costs”

According to the Colorado Civil Justice League, the decision by the state’s high court last fall in Volunteers of America v. Gardenswartz prohibits juries from learning the amounts actually paid, as opposed to “billed,” for medical services whose reimbursement is demanded in accident cases. The distinction is important because those who cover medical bills in practice (e.g., health insurers with their bulk buying clout) often pay much lower sums than the “rack rates” that hospitals and others officially charge (more on HB 1106, which would restore the evidence of paid as well as billed amounts).

P.S. As Jack Leyhane notes, the Colorado controversy is related to, though not identical with, the longstanding controversy over the “collateral source” rule, which provides that payments by third parties to a plaintiff over an injury will not reduce or offset the liability of a tortfeasor. “It is the lien or subrogation rights of third parties — [which] vary widely from state to state — that make sweeping generalities about the collateral source rule difficult to formulate.”

March 24 roundup

  • “Woman suing Carnival: Ship sailed too fast, made me sick” [Gene Sloan, USA Today “Cruise Log”]
  • U.S. Department of Justice sues Illinois school district for denying Muslim teacher’s request for three-week Mecca-trip leave [WaPo]
  • “California Assembly Says Complying with Government Standards Not Enough to Avoid Punitive Damages” [Cal Civil Justice]
  • “Four Loko Suit Is an Example of Bogus Economic Loss Classes” [Russell Jackson]
  • New Benjamin Barton book on lawyer-judge bias reviewed by Larry Ribstein [TotM, earlier]
  • “Prolific Colorado Consumer Attorney Filed 2/3rds of State’s FDCPA Cases Since 2007” [ABA Journal]
  • Different kind of false marking case? Judge says company knowingly claimed inapplicable patent [WSJ Law Blog]
  • “Extra-special education at public expense” [five years ago on Overlawyered]

Schools for Misrule spring speaking tour

[cross-posted from Cato at Liberty]

The first copies of my new book Schools for Misrule: Legal Academia and an Overlawyered America are here from the printer, and I’ll be touring the country to promote it in coming weeks. Some highlights:

  • February 21. Bloomington, Ind. Indiana University Law School, sponsored by Federalist Society chapter.
  • February 22. Urbana-Champaign, Ill. University of Illinois School of Law, sponsored by Federalist Society chapter. Commenting will be Prof. Larry Ribstein.
  • March 3. Washington, D.C. Cato Institute Policy Forum. Commenting on the book will be the Hon. Douglas Ginsburg, U.S. Court of Appeals, and moderating will be Cato legal director Roger Pilon.
  • March 10. University of Minnesota, sponsored by Federalist Society chapter. Commenting will be Profs. Brad Clary and Oren Gross, and moderating will be Prof. Dale Carpenter.
  • March 16. New York, N.Y. Manhattan Institute luncheon (invitation). Commenting will be James Copland, Manhattan Institute.
  • March 22. Washington, D.C. Heritage Foundation forum. Commenting/moderating: Todd Gaziano, Heritage Foundation.
  • March 28. Boulder, Colo. University of Colorado School of Law, sponsored by Federalist Society chapter.
  • March 29. Laramie, Wyo. University of Wyoming School of Law, sponsored by Federalist Society chapter.
  • March 30. Sacramento, Calif. McGeorge School of Law, sponsored by Federalist Society chapter.
  • April 6. New York, N.Y. Manhattan Institute Young Leaders evening event (private).
  • April 7. Washington, D.C. American University Law School, sponsored by Federalist Society chapter.
  • April 13. Washington, D.C. Book club appearance (private).
  • April 27-29. Dallas, Tex. Heritage Foundation Resource Bank meeting (private).

Always check in advance with the hosting group for venues and exact times; some events open to the public require advance registration. The book’s official publication date is March 1, and copies should be arriving in the bookstores soon.