Posts Tagged ‘Colorado’

October 25 roundup

  • Lawyer for Mothers Against Drunk Driving: better not call yourself Mothers Against Anything Else without our say-so [Phoenix New Times]
  • Ohio insurer agrees to refund $51 million in premiums, but it’s a mutual, so money’s more or less moving from customers’ left to right pockets — except for a big chunk payable to charity, and $16 million to you-know-who [Business First of Columbus; Grange Mutual Casualty]
  • Sources say Judge Pearson, of pants suit fame, isn’t getting reappointed to his D.C. administrative law judge post [WaPo]
  • Between tighter safety rules and rising liability costs, more British towns are having to do without Christmas light displays [Telegraph]
  • So strong are the incentives to settle class-action securities suits that only four have been tried to a verdict in past twelve years [WSJ law blog]. More: D&O Diary.
  • It’s so cute when a family’s small kids all max out at exactly the same $2,300 donation to a candidate, like when they dress in matching outfits or something [WaPo via Althouse]
  • Idea of SueEasy.com website for potential injury plaintiffs [Oct. 19] deemed “incredibly stupid” [Turkewitz]
  • New at Point of Law: med-mal reports from Texas and Colorado; Lynne-Stewart-at-Hofstra wrap-up (more); immune to reason on vaccines; turning tax informants into bounty-hunters?; and much more;
  • $800,000 race-bias suit filed after restaurant declines to provide free extra lemons with water [Madison County Record]
  • Settling disabled-rights suit, biggest card banking network agrees to install voice-guidance systems on 30,000 ATMs to assist blind customers [NFB]
  • Think twice before publishing “ratings” of Pennsylvania judges [six years ago on Overlawyered]

Tug-of-war: a thought on the failure to warn

Gruesome life-changing injuries from tug-of-war matches (e.g., Colorado, Oct. 12; North Carolina, 2003; Taiwan, 1997; Tennessee, 1995) are rare, but not unheard of. Safety measures on tug-of-war ropes are possible. Do everyday ropes, used for a variety of purposes other than tug-of-war, need warning labels? Do previous injuries put the Colorado school district on notice: i.e., does a single publicized injury now make every school district effectively strictly liable if future injuries occur? What happens when tug-warriors disregard safety rules because the obvious risk of wrapping rope around a body part is not clearly spelled out? (Keep in mind in the Stella Liebeck McDonald’s coffee case, the plaintiffs complained that the coffee-cup warning that the beverage was hot wasn’t clear enough about the risk of injury.)

Coyote’s environmental audit

You’d think it was for a nuclear waste plant, not a small pair of marinas on a Colorado lake (Aug. 16). If you’re going to store batteries in a shed, apparently you need to hang a sign saying “Batteries” on the shed (TJIC, Aug. 16). But then, “Colorado is one of the states I have to have a special license to sell eggs.”

P.S. And in the same vein, here’s Prof. Bainbridge being told by L.A. permits authorities that according to zoning records, his house does not exist (Sept. 12).

Podcast: The Role of State Attorneys General

The Federalist Society has posted a podcast of their recent panel:

Recently there has been growing discussion concerning the appropriate role of state Attorneys General. Some argue that state AGs have overstepped their boundary by prosecuting cases and negotiating settlements that have had extraterritorial effects, and sometimes even national effects. Others argue that state AGs are simply filling a vacuum left by the failure of others (for example, federal agencies) to attend to these issues. In light of this debate, the Federalist Society hosted a panel in Washington, D.C. featuring several state Attorneys General who discussed the proper role of state AGs.

Panelists included:

* Hon. Bob McDonnell, Attorney General of Virginia
* Hon. Donald Stenberg, former Attorney General of Nebraska; Erickson & Sederstrom
* Hon. John Suthers, Attorney General of Colorado
* Hon. J. B. Van Hollen, Attorney General of Wisconsin
* Ms. Peggy Little, Little & Little; Director, Federalist Society Pro Bono Center, Moderator

June 8 roundup

  • Litigation as foreign policy? Bill authorizing U.S. government to sue OPEC passes House, and is already contributing to friction with Russia [AP; Reuters; Steffy, Houston Chronicle; earlier here, here, and here]

  • Albany prosecutors charge boxing champion’s family with staging 23 car crashes, but a jury acquits [Obscure Store; Times-Union; North Country Gazette]

  • New at Point of Law: Bill Lerach may retire; Abe Lincoln’s legal practice; Philip Howard on getting weak cases thrown out; “Year of the Trial Lawyer” in Colorado; and much more;

  • Multiple partygoers bouncing on a trampoline not an “open and obvious” risk, says Ohio appeals court approving suit [Wilmington News-Journal]

  • Skadden and its allies were said to be representing Chinatown restaurant workers pro bono — then came the successful $1 million fee request, bigger than the damages themselves [NYLJ]

  • Who will cure the epidemic of public health meddling? [Sullum, Reason]

  • Turn those credit slips into gold, cont’d: lawsuits burgeon over retail receipts that print out too much data [NJLJ; earlier]

  • Lawprof Howard Wasserman has further discussion of the Josh Hancock case (Cardinals baseball player crashes while speeding, drunk and using cellphone) [Sports Law Blog; earlier]

  • “Women prisoners in a Swedish jail are demanding the ‘human right’ to wear bikinis so they can get a decent tan.” [Telegraph, U.K.]

  • Disbarred Miami lawyer Louis Robles, who prosecutors say stole at least $13 million from clients, detained as flight risk after mysterious “Ms. Wiki” informs [DBR; earlier at PoL]

  • Indiana courts reject motorist’s claim that Cingular should pay for crash because its customer was talking on cellphone while driving [three years ago on Overlawyered]

Common Cause, Colorado, and unintended consequences

“Voters last November approved Amendment 41, which limited gifts to most government employees and their families to $50. The constitutional amendment was put on the ballot by wealthy entrepreneur Jared Polis and the public-interest group Common Cause.” It soon emerged that the measure might prohibit the award of university scholarships to children of government employees or the award of the Nobel Prize to a government-employed scientist. Highly placed Coloradans have been scurrying about for weeks now trying to figure out what to do. (Lynn Bartels and Alan Gathright, “Pressure to fix ethics law”, Rocky Mountain News, Feb. 6; Lynn Bartels, “GOP’s May says Polis ‘threatening’ in Amendment 41 talk”, Rocky Mountain News, Feb. 9; Chris Frates and Jeri Clausing, “Fix it yourself, backers of 41 told”, Denver Post, Jan. 31; Mark Hillman (former Colo. state treasurer), “Ethics amendment creates an ethical dilemma”, Independence Institute, Jan. 25; text of Amendment 41 (PDF); Peter Blake (columnist), Rocky Mountain News, Nov. 15, Dec. 20, Jan. 3, and Jan. 20).

Ladies’ Nights bans and other civil rights crusades

This priceless segment ran on Comedy Central’s Daily Show with Jon Stewart the other day (Feb. 9). John Oliver interviews a Colorado man who’s filed bias complaint over “Ladies’ Night” bar promotions, and who insists — like so many other unintentionally silly litigants — that his cause deserves to share the moral high ground of the civil rights movement (“Sexual Stealing”).

For more on complaints targeting “Ladies’ Nights”, see Aug. 4, 2003, May 11 and Aug. 19, 2006 (Calif.), Jun. 10, 2004 (N.J.), Feb. 9 (N.H. — complainant charged with extortion).

February 9 roundup

Multi-billion dollar (and down) extortion edition:

  • Merrill Lynch and CSFB appeal extortionate Enron class-action certification. [Point of Law; AEI (Feb. 9); WLF brief]
  • More on the extortionate and lawless $500 billion Wal-Mart class certification. [Point of Law]
  • Mississippi Supreme Court rejects extortionate medical monitoring class actions. [Behrens @ WLF]
  • Lawyer Daniel Hynes tries to extort $2000 from New Hampshire bar holding Ladies’ Night. [Foster’s Daily Democrat (h/t B.C.)]
  • Colorado Civil Justice League stops legislative attempt at giveaway to local trial lawyers. [Point of Law]
  • Wisconsin court: family can be sued for babysitter’s car accident when returning home from dropping off child. [AP/Insurance Journal]
  • Fox seeks to dismiss Borat suit on anti-SLAPP grounds. [Hollywood Reporter Esq. via WSJ Law Blog]

  • Passaic County jury: $28M for “wrongful birth.” [NorthJersey.com]
  • Former AG (and Dem) Griffin Bell: “Judicial Leadership Emerging In Asbestos And Silica Mass Torts” [WLF]
  • Utah legislature considering med-mal reform for ERs. “Neurosurgeons in this town have to pay over $90,000 a year just for the privilege of getting out of bed on a Friday night to drain the blood from the brain of a victim of a drunk driver crash. And they say, I’m not gonna do it. Because the patients are sicker. The procedures are sometimes more invasive and more risky with more complications. Why take that risk if they don’t have to?” [KCPW via Kevin MD; Provo Herald]

  • A little-read blog promoting a soon-to-be-pulped fictional account of tort reform is really begging for a link from us, what with three out of the last five posts making amateurish (and often false) personal attacks on this site’s authors or soliciting others to also fling poo. No dice.