- 1978 accident settlement: “Old check for $17,500 found in woman’s nightstand drawer” [Orlando Sentinel]
- John Tierney on the great dietary salt debate [N.Y. Times]
- U.K.: reports from chiropractor association libel case against Simon Singh [Jack of Kent, Index on Censorship, Crispian Jago, earlier here, here, here, etc.]
- Law firm marketers should employ Hitler videos with care, if at all [Greenfield] Another funny lawyer ad from NYC’s Trolman, Glaser & Lichtman [Lowering the Bar, earlier]
- Claim: to undo “blockages”, psychic needed $4,773 shopping spree at Ralph Lauren [N.Y. Daily News, h/t Siouxsie Law]
- First Amendment plaintiff wins $1,791, but Jefferson County, Colorado may be out a million in legal fees [Karen Crummy, Denver Post]
- Unanimous SCOTUS ruling could curb forum-shopping in suits against national businesses [Krauss, PoL, and more at roundup]
- Long Island: “Woman Sues ‘Babies ‘R’ Us’ Over Peanut Allergy” [WCBS]
Posts Tagged ‘forum shopping’
Iceland as legal haven for investigative journalism?
Lawmakers in the island country are considering enacting new pro-speech laws that might serve as an umbrella for some non-Icelanders as well. But let’s not get our hopes up: libel tourism, and in particular “the principle that publication happens at the point of download, not the point of upload,” will continue to give plaintiffs an edge. [Arthur Bright/Citizen Media Law, Larry Ribstein/Ideoblog, Jesse Walker/Reason]
December 31 roundup
- “Court to Plaintiffs: You Have Zero Forum Shopping Days until Xmas” [Jackson; New Yorker seeks to refile pharmaceutical case in Minnesota to overcome statute of limitations defense]
- Miller-Jenkins battle: Mathew Staver of whimsically named Liberty Counsel won’t comment on whether client has kidnapped child in pursuit of continued defiance of court order [BTB, WSJ Law Blog, background]
- “How many college football coaches have law degrees?” [Above the Law; Mike Leach vs. Texas Tech] More: Michael McCann, Sports Law; Carter Wood at Point of Law.
- “Struck by a restaurant’s decor” good if it’s just a figure of speech, bad if it’s falling taxidermy [Lowering the Bar]
- Trial lawyer message in support of med-mal litigation falls on some credulous ears in media [White Coat]
- On airport whole-body imaging, some privacy advocates seem to have changed tune [Stewart Baker]
- “Litigant Guru of Gwinnett, Georgia Loses Lawsuit” [sanctioned over defamation claim; Bad Lawyer via AtL]
- Step right up and win cash for your vote in the ABA’s blogospheric beauty pageant [Scott Greenfield] Update: contest wraps up [Legal Blog Watch]
October 12 roundup
- Speech-curbing proposals continue to get polite academic reception: NYU’s Jeremy Waldron, big advocate of laws to curb “hate speech”, delivered Holmes Lectures at Harvard this past week [HLS, schedule]
- Lawsuit over collectible baseball hit into stands by Phillies’ Ryan Howard, his 200th career homer [Howard Wasserman, PrawfsBlawg; NJLRA]
- Orchid-importer prosecution a poster case for the evils of overcriminalization? Maybe not [Ken at Popehat]
- Texas State Fair and city of Dallas don’t have to allow evangelist to distribute religious tracts inside the fair, judge rules after three years [Dallas Observer blog]
- Drug maker: FDA’s curbs on truthful promotion of off-label uses impair our First Amendment speech rights [Beck and Herrmann and more, Point of Law and more]
- Did plaintiff Eolas Technologies go to unusual lengths to ensure Eastern District of Texas venue for its patent litigation? [Joe Mullin, IP Law and Business via Alison Frankel, AmLaw]
- Update: “Lesbian Denied Infertility Treatment Settles Lawsuit” [San Diego 6, earlier]
- Even in the Ninth Circuit, “psychological injury resulting from a legitimate personnel action” is not compensable [Volokh]
Around the web, September 16
- Online game purveyor Evony threatens to sue UK critic in Australian court [GameSetWatch, Ken at Popehat, Patrick at Popehat]
- 106: number of (counted) cases filed since 2005 that blame errant grapes for slip-fall injuries [ABA Journal]
- Bayonne, N.J.: “Connolly suing county for $1M over job switch” [Jersey Journal; background (city councilman took six months off from job as coordinator of 9/11 emergency call center; “doctors won’t let him go back because it’s too stressful.”)]
- “Lessons from Andrew Sullivan’s pot bust” [Sullum, Reason] More: Patrick at Popehat.
- “The Appraisal Debacle: How Not to Regulate” [Jack Guttentag, Yahoo Finance, via Fountain]
- Bizarre: “Paralegal Guilty in Fake-Libel-Suit Scam That Briefly Won $3M” [ABA Journal]
- Idea for immigration reform: “Let the smart people in”. [Farhad Manjoo, Slate, via Alkon] More: “Free the H-1Bs, free the economy” [Vivek Wadhwa, TechCrunch]
- Academic finds that depending on whom you ask, “It’s not about the money” or maybe it is [Relis, SSRN/Pittsburgh 2007, via Burch, Mass Tort Lit]
A steer named Tivo
More from notorious patent venue E.D. Tex.: litigants and lawyers are reaching out to buy sponsorships and other sources of presumed goodwill with the heavily rural jury pool, thus resulting in “Samsung Stagecoach Days” and the purchase of prize cows by faraway patent holders. [Elinson/The Recorder, Frankel/AmLaw]
June 16 roundup
- Legal hazards of beachcombing: “Keeping bald eagle feather could result in a $100,000 fine and year in prison” [BoingBoing; our Sept. 1999 post]
- “E.U. Condemns America’s Online Gambling Crackdown” [Sullum, Reason “Hit and Run”]
- Much-loved Stockton, Calif. eatery Chuck’s Hamburgers is menaced by ADA serial litigator, and friends rally to save it [Stockton Record, 4000-member Facebook group]
- Doomed AF Flight 447 had multiple connections with France (airline, aircraft maker) and Brazil (takeoff, many passengers’ nationality), so of course some American lawyers are hoping to get resulting suits heard in U.S. courts [Bloomberg]
- Sure takes a lot of lawyering to bring a movie like “Bruno” to the screen [Althouse, WSJ Law Blog, Legal Ethics Forum]
- Form vs. substance: U.K. historic-preservation edict saves increasingly impractical Victorian bell frames, at expense of 650-year-old bell ringing tradition [Telegraph via Never Yet Melted]
- All in a day’s (double) work: take city retirement or even disability, then come back in second job [Al Tompkins, Lowell (Mass.) Sun]
- Can it be? In just about another two weeks your favorite source of legal consternation will turn ten years old [nine years and eleven months or so ago on Overlawyered]
“Beating the press in a globalized age”
More about international forum-shopping and libel tourism. [Edward Wasserman, Miami Herald/American Center for Democracy]
Conference tomorrow: “Libel Lawfare”
From the Federalist Society, which is among the sponsors of the D.C. event tomorrow, along with the Thomas Jefferson Center for the Protection of Free Expression and other groups:
Lawfare is the use of the law and legal institutions to achieve military, political or strategic objectives. In recent years, lawfare has come to include libel litigation aimed at suppressing public dialogue about radical Islam and terrorism. Parties with financial means have been filing lawsuits, in American courts and abroad, against people who speak out against or write critically about radical Islam. Defendants include authors, researchers, journalists, politicians, and human rights advocacy groups.
“Libel Tourism,” is a form of forum shopping, where plaintiffs bring actions against American citizens in foreign jurisdictions that lack the free speech protections afforded by the U.S. Constitution. As a result New York State has passed the Libel Terrorism Protection Act, and the U.S. government is considering the Free Speech Protection Act, both of which operate to nullify said foreign libel judgments.
Our conference will address these fundamental issues: What does freedom of speech truly mean? Is U.S. legislation prohibiting the enforcement of foreign libel judgments necessary? What should be the role of the European Union and the United Nations in addressing these issues?
Some further reading: Brooke Goldstein/Family Security Matters, Aaron Eitan Meyer/New Majority.
New at Point of Law
If you’re not reading my other legal site, Point of Law, here’s some of what you’re missing:
- Taft-Hartley and the secret ballot in union-representation elections, part of a new category on labor law;
- Also, a new category on international law and international human rights law with coverage of such topics as the Harold Koh nomination, other lawprofs joining the Obama administration, the Alien Tort statute, the proposed Spanish prosecution of Bush administration lawyers, and piracy and international law;
- One form of executive pay they don’t care to limit: Senate rejects proposed $50 million ceiling on bounties paid to informants (“relators”) in federal whistleblowing suits;
- Pay-for-play in state drug-recoupment litigation: Pennsylvania, New Mexico furors just the start of much more to come;
- We’ve heard the line, “Want less litigation after the fact? Then support more regulation before the fact.” Here’s one of many reasons to take that with a grain of salt;
- “File case in Texas. Take plaintiff deposition. Dismiss case, and refile in California.” Asbestos litigation has some of the best forum-shopping gamesmanship;
- Plaintiff’s lawyers in California spent more than $4.1 million in that state’s 2007-2008 election cycle;
- Miranda warnings for company counsel?