cruise ships – Overlawyered

“Suffers memory loss, vertigo and seizures as a result of the injury…”

Walter Olson — Wed, 16 Dec 2015 11:15:54 +0000

“…but was able to complete the 280-day world cruise.” Charges fly following a $21 million October jury verdict over a cruise mishap, as Holland America says a former personal assistant to the winning plaintiff stepped forward to tell a colorful tale of evidence concealment, email deletion, and witness tampering. [Seattle Times]

Tags: cruise ships, faking evidence

“Suffers memory loss, vertigo and seizures as a result of the injury…” is a post from Overlawyered - Chronicling the high cost of our legal system

March 20 roundup

Walter Olson — Thu, 20 Mar 2014 04:05:25 +0000

Sue the NYC welfare department enough, and Mayor De Blasio might make you its chief [Heather Mac Donald, City Journal] Cozy relations between nonprofits and Gotham administration dodge accountability [Steven Malanga, same]
Consumer objects to Muscle Milk class action settlement, and there’s a Ted Frank angle [Above the Law]
Asking employees whether they’re disabled suddenly mandatory rather than forbidden [WSJ, earlier]
“…not trying to tell you how to live your life, I’m just suggesting that it’s a bad idea to put sharp or explosive objects in your…” [Lowering the Bar]
“Carnival cruise passengers sue seeking $5,000 a month for life” [Reuters]
Husbands could sue noncompliant wives: “UAE law requires mothers to breastfeed for first two years” [Guardian]
New symposium on “The State, The Clan, and Individual Liberty” with Mark S. Weiner, Arnold Kling, Daniel McCarthy, and John Fabian Witt [Cato Unbound]

Tags: class action settlements, cruise ships, institutional reform litigation, NYC

March 20 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

The high, high cost of the Jones Act

Walter Olson — Mon, 06 May 2013 11:56:25 +0000

The Jones Act, which forbids coastwise trade in goods or passengers between American ports except in U.S.-made, U.S.-staffed, U.S.-owned vessels, has developed into a quintessential special interest law. It’s why Maryland and Virginia “bring in road salt from Chile rather than Ohio;” why Jacksonville, Fla. relies on coal from Colombia rather than U.S. sources; and why the economies of Hawaii, Puerto Rico and Guam are perpetually hobbled by high input costs. [Malia Blom Hill, Capital Research Center] Does it at least strengthen U.S. defense by preserving a defense-relevant merchant marine sector? The signs on that aren’t good either. [Eftychis John Gregos-Mourginakis and Joshua Jacobs, NRO; followup]

Tags: cruise ships, free trade

The high, high cost of the Jones Act is a post from Overlawyered - Chronicling the high cost of our legal system

“Costa Concordia captain sues for wrongful termination”

Walter Olson — Tue, 06 Nov 2012 15:13:32 +0000

“Francesco Schettino, former captain of the Costa Concordia, has sued, claiming wrongful termination from his job after the accident, according to his lawyer.” [L.A. Times] “As you may recall, there were a few questions about whether Schettino’s conduct was entirely up to snuff on the night of the accident. First, there was the whole running-into-a-rock problem, of course, but he was also criticized for then fleeing the ship before all the passengers were evacuated.” [Lowering the Bar]

Tags: cruise ships, employment at will, Italy

“Costa Concordia captain sues for wrongful termination” is a post from Overlawyered - Chronicling the high cost of our legal system

October 31 roundup

Walter Olson — Wed, 31 Oct 2012 04:07:24 +0000

Not the norm yet, fortunately: “Playgroup suspended for lack of insurance” [Lenore Skenazy, Free-Range Kids]
Chicago pol’s idea for bullet tax may sound clever but isn’t [Steve Chapman]
UK: “Litigation culture draining billions from hospitals and schools” [Telegraph, Independent, Spiked Online; Center for Policy Studies]
Yielding to feds, Oakland will adopted “targeted reductions” in discipline for minority students [Bader]
Judge: Italian businesses should sue over Costa Concordia in Italy, not here [USA Today]
“Deep pockets files: Greensboro apartment complex murder” [Ted Frank, PoL]
Funniest Posner parody ever? [Kyle Graham, Non Curat Lex]

Tags: cruise ships, forum shopping, guns, humor, insurance, Italy, recreation, Richard Posner, school discipline, third party liability for crime, United Kingdom

October 31 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Product liability roundup

Walter Olson — Mon, 01 Oct 2012 04:04:10 +0000

“Oklahoma Court Tosses Jury Verdict Over ‘Defective’ Louisville Slugger” [Daniel Fisher/Forbes, Abnormal Use] “In contrast, a New Jersey case against the same defendant resulted in a multi-million-dollar settlement divorced from any showing of culpability.” [PoL]
An expert witness wore two hats [Chamber-backed Madison County Record]
5-4 Washington Supreme Court decision in asbestos case bodes ill for makers of safety devices [Pacific Legal Foundation]
“Defective design and the Costa Concordia” [Rob Green, Abnormal Use; Rick Spilman, The Old Salt]
Calif. appeals court says man shot by 3 year old son can sue Glock [SFGate]
“Evidence of Drug Use May Be Relevant in Product Liability Litigation” [Farr, Abnormal Use]
“What used to be in chemistry sets that are not in there anymore are actual chemicals” [BBC, earlier here, here]

Tags: asbestos, baseball bats, chemistry sets, cruise ships, expert witnesses, guns, Oklahoma, product liability, Washington state

Product liability roundup is a post from Overlawyered - Chronicling the high cost of our legal system

April 3 roundup

Walter Olson — Tue, 03 Apr 2012 04:02:19 +0000

In time for Easter: egg prices soar in Europe under new hen-caging rules [AP]
For third time, the Environmental Protection Agency backtracks on claims of harm from gas “fracking” [Adler; U. Texas study on drinking water safety, CBS Dallas] Yes, there’s a plaintiff’s lawyer angle [David Oliver] Don Elliott, former EPA general counsel, on why his old agency needs cutting [Atlantic] Blow out your candles, coal industry, and so good-bye [Pat Michaels/Cato, Shikha Dalmia]
Following the mad logic wherever it leads: “State Legislators Propose Mandatory Drug Testing of Judges and Other State Officials” [ABA Journal]
Proposal: henceforth no law may run to greater length than Rep. Conyers’s copy of Playboy [Mark Steyn]
Creative American lawyers: “Carnival cruise ship briefly seized in Texas” [AP]
“Overlawyered” is the title of a new commentary in The New Yorker, not related to a certain website [Kelefa Sanneh]
Repressive Connecticut “cyber-harassment” bill [Volokh, Greenfield, Popehat] And now, not to be outdone, Arizona… [Volokh]

Tags: agriculture and farming, animal rights, Arizona, bullying, Connecticut, cruise ships, Environmental Protection Agency, harassment law, illegal drugs, oil industry

April 3 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Cruise ship impostors: “They’re called ‘jump-ons'”

Walter Olson — Thu, 26 Jan 2012 13:47:26 +0000

“A New York lawyer busted a trio of Hungarian scammers trying to fake the death of a 5-year-old girl and her mom aboard the Costa Concordia cruise ship. … ‘Even after they were busted, they said “we would have gotten away with it” if the neighbor [posing as a grandmother] hadn’t embellished the story and said the girl was missing too,’ [attorney Peter] Ronai said.” [NY Daily News] “‘They’re called “jump-ons.” It’s normal, this is just on a grander scale,’ Ronai said. ‘People will do horrible things for money.'” [UPI]

Tags: claims fraud, cruise ships

Cruise ship impostors: “They’re called ‘jump-ons'” is a post from Overlawyered - Chronicling the high cost of our legal system

September 12 roundup

Walter Olson — Mon, 12 Sep 2011 12:37:28 +0000

Ninth Circuit: Holland America cruise line not responsible for customer’s swimming mishap at Mexican beach [Metropolitan News-Enterprise]
“President Perry would mean high noon for trial lawyers” [Kurt Schlichter, Washington Examiner; Politico; Prof. Bainbridge (“If the trial lawyers hate Rick Perry, maybe I should reconsider him”)] Christie praises Perry’s “laudable” record on liability reform [PolitickerNJ] “Perry’s ‘loser pays’ is an economic winner” [Patrick Gleason and Jason Russell, Washington Times; Mass Tort Prof; background] Missing the point on the Texas med-mal experience [Coyote, earlier here, here, etc.] A bad sign: Gov. Perry reaches out to Maricopa County sheriff Joe Arpaio [NRO, background] Another: courting social conservative vote, he pledges interference in state marriage law [Houston Chronicle]
Alan Lange and Tom Dawson discuss their Dickie Scruggs book [Above the Law, background]
Hospital pays $25M to settle lawsuit charging lack of Katrina preparedness [White Coat]
Democratic majority on CPSC plans to ram through burdensome CPSIA testing and certification rule next month [Commissioner Nancy Nord, more]
For matching willing buyers with sellers through Canadian pharmacy ads, Google agrees to pay fine of $500 million, a forfeiture geared to the revenue the pharmacies (not it) took in from the ads [Atlantic Wire, Chris Fountain]
“Woman Won’t Have to Pay for Her Own Cavity Search” [Lowering the Bar]

Tags: advertising, CPSC, CPSIA, cruise ships, Dickie Scruggs, forfeiture, Google, hospitals, Katrina, Rick Perry, same-sex marriage, Texas

September 12 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

March 24 roundup

Walter Olson — Thu, 24 Mar 2011 13:53:43 +0000

“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]

Tags: California, class actions, Colorado, cruise ships, debtor-creditor law, patent marking, punitive damages, religious discrimination

March 24 roundup is a post from Overlawyered - Chronicling the high cost of our legal system