football – Overlawyered https://www.overlawyered.com/ Chronicling the high cost of our legal system Tue, 26 May 2020 21:31:08 +0000 en-US hourly 1 Liability roundup https://www.overlawyered.com/2020/05/liability-roundup-65/ https://www.overlawyered.com/2020/05/liability-roundup-65/#comments Wed, 27 May 2020 10:25:03 +0000 https://www.overlawyered.com/?p=74117 Artificial intelligence dodges a legal dart: “An Algorithm for Predicting Recidivism Isn’t a Product for Products Liability Purposes” [Eugene Volokh, Jim Beck] Powdered caffeine is hazardous stuff. Should Amazon be liable to the survivors of an Ohio 18-year-old who died after ingesting some bought online? [Associated Press/WKBN] Overview and critique of public nuisance theories of […]

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  • Artificial intelligence dodges a legal dart: “An Algorithm for Predicting Recidivism Isn’t a Product for Products Liability Purposes” [Eugene Volokh, Jim Beck]
  • Powdered caffeine is hazardous stuff. Should Amazon be liable to the survivors of an Ohio 18-year-old who died after ingesting some bought online? [Associated Press/WKBN]
  • Overview and critique of public nuisance theories of mass tort, including vaping, opioids, climate change, and other environmental [American Tort Reform Association]
  • Knowledgeable review of NYC subway torts [Ross Sandler, CityLand (New York Law School]
  • “1 law firm gets lion’s share of $112M in NFL concussion fees” [Associated Press/WKMG]
  • Thanks Mark Pulliam for mentioning me in the course of reviewing a book that takes a rosier view of lawsuits than I do [Law and Liberty]
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    Liability roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2020/05/liability-roundup-65/feed/ 4     New Orleans fans file suit over Saints loss https://www.overlawyered.com/2019/01/new-orleans-fans-file-suit-over-saints-loss/ https://www.overlawyered.com/2019/01/new-orleans-fans-file-suit-over-saints-loss/#comments Thu, 24 Jan 2019 05:05:46 +0000 https://www.overlawyered.com/?p=72956 “Stuck between anger and depression over Sunday’s debacle in the Dome, a few dyspeptic New Orleans Saints fans have settled into an equally predictable stage of grief: litigation.” Among the claimed damages: “loss of enjoyment of life” [John Simerman, The Advocate] Appellate lawyer Raffi Melkonian, on Twitter, writes: “Let me handicap this for everyone — […]

    New Orleans fans file suit over Saints loss is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     “Stuck between anger and depression over Sunday’s debacle in the Dome, a few dyspeptic New Orleans Saints fans have settled into an equally predictable stage of grief: litigation.” Among the claimed damages: “loss of enjoyment of life” [John Simerman, The Advocate]

    Appellate lawyer Raffi Melkonian, on Twitter, writes: “Let me handicap this for everyone — this case has literally 0 chance of success. 0%. 100% minus 100%. It is dead on arrival. It is pushing up the daisies. A Court would rather deal with 200 sovereign citizen petitions than grant such relief.” More: Michael McCann, Sports Illustrated.

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    New Orleans fans file suit over Saints loss is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2019/01/new-orleans-fans-file-suit-over-saints-loss/feed/ 4     “If you’re football, hockey or soccer, the insurance business doesn’t want you.” https://www.overlawyered.com/2019/01/if-youre-football-hockey-or-soccer-the-insurance-business-doesnt-want-you/ https://www.overlawyered.com/2019/01/if-youre-football-hockey-or-soccer-the-insurance-business-doesnt-want-you/#comments Sun, 20 Jan 2019 17:01:05 +0000 https://www.overlawyered.com/?p=72942 Not just football in its various forms with its known concussion dangers, but other games too face an insurance drought, especially as regards youth participation: “Overall, I think that there is a real threat to the viability of contact sports.” [Steve Fainaru and Mark Fainaru-Wada, ESPN] Tags: football, schools, sports

    “If you’re football, hockey or soccer, the insurance business doesn’t want you.” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     Not just football in its various forms with its known concussion dangers, but other games too face an insurance drought, especially as regards youth participation: “Overall, I think that there is a real threat to the viability of contact sports.” [Steve Fainaru and Mark Fainaru-Wada, ESPN]

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    “If you’re football, hockey or soccer, the insurance business doesn’t want you.” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2019/01/if-youre-football-hockey-or-soccer-the-insurance-business-doesnt-want-you/feed/ 8     Liability roundup https://www.overlawyered.com/2018/06/liability-roundup-44/ Mon, 25 Jun 2018 12:01:02 +0000 https://www.overlawyered.com/?p=70887 “Now the Personal Injury Lawyers Have Scooters in Their Sights” [Anousha Sakoui and Edvard Pettersson, Bloomberg] Jury orders Rams to pay $12.5 million for Reggie Bush injury [AP/Valley Morning News; St. Louis Post-Dispatch] “Lawsuit Against Snapchat Encouraging Speeding Can Proceed” [Eugene Volokh] “Art Imitates Life: ‘Billions’ Describes Six-Figure, Part-Time Jobs On Asbestos Trusts” [Daniel Fisher, […]

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

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  • “Now the Personal Injury Lawyers Have Scooters in Their Sights” [Anousha Sakoui and Edvard Pettersson, Bloomberg]
  • Jury orders Rams to pay $12.5 million for Reggie Bush injury [AP/Valley Morning News; St. Louis Post-Dispatch]
  • “Lawsuit Against Snapchat Encouraging Speeding Can Proceed” [Eugene Volokh]
  • “Art Imitates Life: ‘Billions’ Describes Six-Figure, Part-Time Jobs On Asbestos Trusts” [Daniel Fisher, Legal Newsline/Forbes]
  • Lawsuit by insurer State Farm accuses prominent Michigan attorney of maintaining covert ties to medical imaging provider [JC Reindl, Detroit Free Press]
  • “California Court Rejects Warranty Claims Where Rats Allegedly Chewed Through Soy-Coated Auto Wiring” [Neal Walters and Casey G. Watkins, Ballard Spahr]
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    Liability roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>         Liability roundup https://www.overlawyered.com/2018/05/liability-roundup-42/ https://www.overlawyered.com/2018/05/liability-roundup-42/#comments Thu, 17 May 2018 09:59:05 +0000 https://www.overlawyered.com/?p=69850 NFL alleges its billion-dollar concussion settlement fund has drawn hundreds of millions in fraudulent claims [Nicholas Malfitano, Penn Record; Andrew Beaton, WSJ] After the mass shootings: “We’ve all gotten a thousand phone calls from lawyers.” [Jack Healy, New York Times] Retrial in Sheldon Silver corruption case [Bill Sanderson/New York Daily News, more, yet more (guilty […]

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

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  • NFL alleges its billion-dollar concussion settlement fund has drawn hundreds of millions in fraudulent claims [Nicholas Malfitano, Penn Record; Andrew Beaton, WSJ]
  • After the mass shootings: “We’ve all gotten a thousand phone calls from lawyers.” [Jack Healy, New York Times]
  • Retrial in Sheldon Silver corruption case [Bill Sanderson/New York Daily News, more, yet more (guilty on all counts)] “Silver’s disgrace has had no discernible effect on the way Albany conducts the public’s business. And no one should have expected it to, given the record.” [Bob McManus, City Journal] City’s asbestos docket, on which Silver thrived, is still a plaintiff’s playground [Daniel Fisher, more]
  • One reason for Illinois’s reputation as a lawsuit hot spot is its willingness to hear disputes from elsewhere [Dan McCaleb, Illinois News Network]
  • “Split Pennsylvania court refuses to void $500K award to man burned during ride in crowded limo” [Matt Miller, PennLive]
  • Judge tosses lawsuit over McDonald’s Extra Value Meals [Patricia Manson, Chicago Daily Law Bulletin, earlier] “NYC Man Sues Halo Top For Not Being Regular Ice Cream” [Jen Carlson, Gothamist]
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    Liability roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2018/05/liability-roundup-42/feed/ 1     “Why the SUPER BOWL® is the specialest trademark ever” https://www.overlawyered.com/2018/02/super-bowl-specialest-trademark-ever/ https://www.overlawyered.com/2018/02/super-bowl-specialest-trademark-ever/#comments Tue, 06 Feb 2018 05:05:27 +0000 https://www.overlawyered.com/?p=68792 Ron Coleman at Likelihood of Confusion rounds up years of silliness, some of which we’ve covered here in the past. Tags: football, Super Bowl, trademarks

    “Why the SUPER BOWL® is the specialest trademark ever” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     Ron Coleman at Likelihood of Confusion rounds up years of silliness, some of which we’ve covered here in the past.

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    “Why the SUPER BOWL® is the specialest trademark ever” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2018/02/super-bowl-specialest-trademark-ever/feed/ 1     “NFL concussion case: Can MDL judges police plaintiffs’ funding deals?” https://www.overlawyered.com/2017/12/nfl-concussion-case-can-mdl-judges-police-plaintiffs-funding-deals/ Sat, 02 Dec 2017 19:55:04 +0000 https://www.overlawyered.com/?p=67499 “The $1 billion settlement of traumatic brain injury claims by retired NFL players is shaping up to be an important test of judicial power to regulate contracts between plaintiffs in multidistrict litigation and outside legal funders.” [Alison Frankel, Reuters] Tags: football, litigation finance

    “NFL concussion case: Can MDL judges police plaintiffs’ funding deals?” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     “The $1 billion settlement of traumatic brain injury claims by retired NFL players is shaping up to be an important test of judicial power to regulate contracts between plaintiffs in multidistrict litigation and outside legal funders.” [Alison Frankel, Reuters]

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    “NFL concussion case: Can MDL judges police plaintiffs’ funding deals?” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>         Constitutional law roundup https://www.overlawyered.com/2017/09/constitutional-law-roundup-9/ https://www.overlawyered.com/2017/09/constitutional-law-roundup-9/#comments Tue, 12 Sep 2017 09:57:05 +0000 https://www.overlawyered.com/?p=66321 Even if troublesome for other reasons, discussion of nominees’ religious beliefs does not violate the Constitution’s Religious Test Clause [my post at Secular Right] I’m quoted toward the end of this report: Congress rather than courts likely to get ultimate say on defining “emoluments” [NPR with Peter Overby, audio and related article, earlier] Convention of […]

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  • Even if troublesome for other reasons, discussion of nominees’ religious beliefs does not violate the Constitution’s Religious Test Clause [my post at Secular Right]
  • I’m quoted toward the end of this report: Congress rather than courts likely to get ultimate say on defining “emoluments” [NPR with Peter Overby, audio and related article, earlier]
  • Convention of the States? Federalist Society panel video with Thomas Brinkman, Jennifer Brunner, David Forte, Matt Huffman, Larry Obhof, Matthew Byrne [earlier on Article V conventions]
  • Supreme Court opened — and should now close — “dual sovereignty” exception to rule against double jeopardy [Ilya Shapiro, Cato]
  • Encyclopedia of Libertarianism, 2008, has articles on the U.S. Constitution by David Mayer and on the rule of law by Norman Barry;
  • Following big First Amendment win in Slants case Matal v. Tam, feds drop effort to void trademark of Washington Redskins [Ilya Shapiro, Eugene Volokh, earlier]
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    Constitutional law roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2017/09/constitutional-law-roundup-9/feed/ 8     “After N.F.L. Concussion Settlement, Feeding Frenzy of Lawyers and Lenders” https://www.overlawyered.com/2017/07/n-f-l-concussion-settlement-feeding-frenzy-lawyers-lenders/ Wed, 26 Jul 2017 10:01:22 +0000 https://www.overlawyered.com/?p=65503 Following the biggest settlement in sports history, on behalf of National Football League players who were not given enough warning of the dangers of concussions and brain injury, a small army of legal, financial, claims-filing, and medical advisers are working hard to pitch retired players on their services. But “the fact that many players are […]

    “After N.F.L. Concussion Settlement, Feeding Frenzy of Lawyers and Lenders” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     Following the biggest settlement in sports history, on behalf of National Football League players who were not given enough warning of the dangers of concussions and brain injury, a small army of legal, financial, claims-filing, and medical advisers are working hard to pitch retired players on their services. But “the fact that many players are cognitively impaired and may struggle to understand the terms of the services offered to them has raised alarm among player advocates, legal ethicists and the lawyers for the players who sued the N.F.L.” [Ken Belson, New York Times]

    Most of the claim-service providers require players to agree to share 15 percent or more of anything they receive in return for helping them with a process that the providers portray, in stark terms, as unduly complicated. They also do not always tell players that they can call court-appointed experts to receive free advice on how to file a claim, or that they can visit doctors who will provide a free neurological exam.

    Some lawyers have hosted dinners for former players at steakhouses to get them to sign up. Others have promised to get players appointments with doctors who will write diagnoses that make their medical conditions look worse than they are, according to players who have received pitches from some of the companies.

    Side note: Ira Stoll has a comment about the Times’s use of the phrase “largely unregulated.”

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    “After N.F.L. Concussion Settlement, Feeding Frenzy of Lawyers and Lenders” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>         June 28 roundup https://www.overlawyered.com/2017/06/june-28-roundup-3/ Wed, 28 Jun 2017 04:05:40 +0000 https://www.overlawyered.com/?p=64947 Unlike some other states, Massachusetts has not passed a law making it unlawful to encourage suicide; confidante nonetheless convicted of involuntary manslaughter over texts encouraging fellow teenager to do that [New York Times, NPR] New Emoluments Clause lawsuits against President Trump vary from previous pattern, still face uphill battle [Victor Li, ABA Journal; earlier] “Putting […]

    June 28 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • Unlike some other states, Massachusetts has not passed a law making it unlawful to encourage suicide; confidante nonetheless convicted of involuntary manslaughter over texts encouraging fellow teenager to do that [New York Times, NPR]
  • New Emoluments Clause lawsuits against President Trump vary from previous pattern, still face uphill battle [Victor Li, ABA Journal; earlier]
  • “Putting occupational licensing on the Maryland reform agenda” [my new Free State Notes]
  • “Interpreting State Constitutions,” judges’ panel discussion with Judith French, Jeffrey Sutton, Steve Yarbrough, Matt Kemp [Ohio Federalist Society chapters]
  • SCOTUS closes a door, and rightly so, in the long-running Chevron-Ecuador-Donziger saga [Michael Krauss]
  • Green Bay fan sues Chicago Bears over “no opposing team gear at pregame warmups” rule [WDEZ, Howard Wasserman/Prawfs]
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