Good Samaritan – Overlawyered https://www.overlawyered.com/ Chronicling the high cost of our legal system Wed, 13 Sep 2017 18:57:28 +0000 en-US hourly 1 N.D.: no heightened duty of care for designated driver https://www.overlawyered.com/2017/09/n-d-no-heightened-duty-care-designated-driver/ Thu, 14 Sep 2017 04:05:29 +0000 https://www.overlawyered.com/?p=66371 Via Eugene Volokh, the Eighth Circuit has ruled [Hiltner v. Owners Insurance Co.] that a North Dakota trial court improperly assigned a heightened duty of care to a driver following an accident on the grounds that she had been a designated driver at a social outing. Noting contrary rulings in several jurisdictions, it ruled that […]

N.D.: no heightened duty of care for designated driver is a post from Overlawyered - Chronicling the high cost of our legal system

]]> Via Eugene Volokh, the Eighth Circuit has ruled [Hiltner v. Owners Insurance Co.] that a North Dakota trial court improperly assigned a heightened duty of care to a driver following an accident on the grounds that she had been a designated driver at a social outing. Noting contrary rulings in several jurisdictions, it ruled that North Dakota law would not impose such a heightened duty: as a Tennessee court observed in 2008, “[t]o hold a driver liable for the irresponsible actions of an intoxicated passenger would cut against this important social policy of encouraging the use of designated drivers.” More: T. Thomas Metier, Northland Injury Law.

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N.D.: no heightened duty of care for designated driver is a post from Overlawyered - Chronicling the high cost of our legal system

]]> Good Samaritans sue woman they saved https://www.overlawyered.com/2011/08/good-samaritans-sue-woman-they-saved/ https://www.overlawyered.com/2011/08/good-samaritans-sue-woman-they-saved/#comments Tue, 02 Aug 2011 18:22:08 +0000 http://overlawyered.com/?p=24118 Ohio: Two men who stopped to save a woman’s life by pulling her from a flaming car are now suing her for compensation for the injuries sustained in doing so. Isn’t litigation inspiring? Doesn’t it just make you feel better about human nature? [Columbus Dispatch via Mystal/AtL] Tags: Good Samaritan

Good Samaritans sue woman they saved is a post from Overlawyered - Chronicling the high cost of our legal system

]]> Ohio: Two men who stopped to save a woman’s life by pulling her from a flaming car are now suing her for compensation for the injuries sustained in doing so. Isn’t litigation inspiring? Doesn’t it just make you feel better about human nature? [Columbus Dispatch via Mystal/AtL]

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Good Samaritans sue woman they saved is a post from Overlawyered - Chronicling the high cost of our legal system

]]> https://www.overlawyered.com/2011/08/good-samaritans-sue-woman-they-saved/feed/ 12 “Tory blitz on compensation culture is revealed” https://www.overlawyered.com/2010/09/tory-blitz-on-compensation-culture-is-revealed/ https://www.overlawyered.com/2010/09/tory-blitz-on-compensation-culture-is-revealed/#comments Tue, 21 Sep 2010 05:24:38 +0000 http://overlawyered.com/?p=19315 “Health and safety regulations which burden Britain and lead to good samaritans facing prosecution are to be swept away in a blitz on ‘compensation culture'”. Among the measures are rollbacks of liability for volunteers, emergency service responders and school recreation. “A coalition source said: ‘What we are determined to see is a great extension of […]

“Tory blitz on compensation culture is revealed” is a post from Overlawyered - Chronicling the high cost of our legal system

]]> “Health and safety regulations which burden Britain and lead to good samaritans facing prosecution are to be swept away in a blitz on ‘compensation culture'”. Among the measures are rollbacks of liability for volunteers, emergency service responders and school recreation. “A coalition source said: ‘What we are determined to see is a great extension of personal freedom, at the same times as a rolling back both of the state and the power of the courts.'” [Telegraph]

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“Tory blitz on compensation culture is revealed” is a post from Overlawyered - Chronicling the high cost of our legal system

]]> https://www.overlawyered.com/2010/09/tory-blitz-on-compensation-culture-is-revealed/feed/ 1 Good Samaritans and a duty to rescue https://www.overlawyered.com/2009/05/good-samaritans-and-a-duty-to-rescue/ Tue, 05 May 2009 01:44:07 +0000 http://overlawyered.com/?p=10936 David Hyman has started a discussion at Volokh Conspiracy. Tags: Good Samaritan

Good Samaritans and a duty to rescue is a post from Overlawyered - Chronicling the high cost of our legal system

]]> David Hyman has started a discussion at Volokh Conspiracy.

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Good Samaritans and a duty to rescue is a post from Overlawyered - Chronicling the high cost of our legal system

]]> March 9 roundup https://www.overlawyered.com/2009/03/march-9-roundup/ https://www.overlawyered.com/2009/03/march-9-roundup/#comments Mon, 09 Mar 2009 04:09:29 +0000 http://overlawyered.com/?p=9654 “Attack on Inflatable Easter Bunny Might Be a Hate Crime” [Obscure Store; Westchester County, N.Y. Journal-News] Unclear on the concept? Judge resigns from Ethics Commission and backdates her letter doing so [Hartford Courant] Stephen Spruiell, Health Care Is Not a “Right” [NRO “Corner”] Christopher Fountain: Proud to have switched from lawyer to realtor, at least […]

March 9 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • “Attack on Inflatable Easter Bunny Might Be a Hate Crime” [Obscure Store; Westchester County, N.Y. Journal-News]
  • Unclear on the concept? Judge resigns from Ethics Commission and backdates her letter doing so [Hartford Courant]
  • Stephen Spruiell, Health Care Is Not a “Right” [NRO “Corner”]
  • Christopher Fountain: Proud to have switched from lawyer to realtor, at least I escaped being in the same profession as those Seattle water class-action guys [For What It’s Worth]
  • Why include Facebook as defendant in teenage “cyber-bullying” case? Ron Coleman has a theory [Likelihood of Confusion]
  • Bill protecting Good Samaritans from lawsuits passes California Assembly Judiciary committee [California Civil Justice]
  • Author/labor lawyer Tom Geoghegan had all the good writers on his side, so of course he lost big in replace-Rahm primary [Mickey Kaus, earlier]
  • Three pro wrestlers thrown out of court in employment suit against World Wrestling Entertainment [Daniel Schwartz, earlier]
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    March 9 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2009/03/march-9-roundup/feed/ 2     February 16 roundup https://www.overlawyered.com/2009/02/february-16-roundup/ https://www.overlawyered.com/2009/02/february-16-roundup/#comments Mon, 16 Feb 2009 16:02:11 +0000 http://overlawyered.com/?p=9091 “Texas Judge Orders 178 Anonymous ‘John Does’ Who Posted on Topix Be Revealed” [Citizen Media Law] $4 billion lawsuit over racially insensitive Miley Cyrus eye gestures [Michelle Malkin, TMZ.com] Update: “Tulsa World drops lawsuit after writer apologizes” [Romenesko/Tulsa World, earlier] Also update: “Seventh Circuit Affirms Dismissal of John Lott’s Libel Lawsuit Against Steven Levitt” [Volokh, […]

    February 16 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • “Texas Judge Orders 178 Anonymous ‘John Does’ Who Posted on Topix Be Revealed” [Citizen Media Law]
  • $4 billion lawsuit over racially insensitive Miley Cyrus eye gestures [Michelle Malkin, TMZ.com]
  • Update: “Tulsa World drops lawsuit after writer apologizes” [Romenesko/Tulsa World, earlier]
  • Also update: “Seventh Circuit Affirms Dismissal of John Lott’s Libel Lawsuit Against Steven Levitt” [Volokh, earlier]
  • “M-I-C — Cease and desist! K-E-Y — Why? Because we caught you! M-O-U-S-E” [Ron Coleman]
  • California: “Another Step Toward Shielding Good Samaritans From Civil Damages” [Calif. Civil Justice Blog, more]
  • Montana lawmakers consider bill saying hazardous recreation goes on at your own risk [PoL]
  • Senior writer at Wired decides to go work for Wal-Mart, what he found departed from the Barbara Ehrenreich formula [BoingBoing]
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    February 16 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2009/02/february-16-roundup/feed/ 1     January 17 roundup https://www.overlawyered.com/2009/01/january-17-roundup-2/ https://www.overlawyered.com/2009/01/january-17-roundup-2/#comments Sat, 17 Jan 2009 20:10:39 +0000 http://overlawyered.com/?p=8390 Tons and tons of favorable reaction to my Forbes piece on CPSIA: commenters there, Etsy thread, sampling of blogs: Polka Dot Patch, Heartkeeper’s Common Room, Colby Lane Designs, Baby Gardner’s (aw), Tristan Benz (double aw). Others who’ve gotten into the act: Iain Murray/Open Market, Jeff Nolan, Patrick @ Popehat (SSFC). New: Superblogger Glenn Reynolds at […]

    January 17 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • Tons and tons of favorable reaction to my Forbes piece on CPSIA: commenters there, Etsy thread, sampling of blogs: Polka Dot Patch, Heartkeeper’s Common Room, Colby Lane Designs, Baby Gardner’s (aw), Tristan Benz (double aw). Others who’ve gotten into the act: Iain Murray/Open Market, Jeff Nolan, Patrick @ Popehat (SSFC). New: Superblogger Glenn Reynolds at Instapundit, John Schwenkler, Carter Wood at ShopFloor, Ramesh Ponnuru at National Review “Corner”.
  • “California Lawmakers Rush to Rescue Good Samaritans in Wake of Court Ruling” [The Recorder, Calif. Civil Justice Blog, earlier]
  • “America needs a tax code simple enough for the Treasury secretary to figure out” [Taranto, WSJ]
  • “Federal judge might ax $2M legal fee in Seattle ‘pro bono’ case” [ABA Journal, earlier here and here]
  • Indictment of Long Island attorney Felix Vinluan dismissed; charged for advising nurses it was okay to quit their jobs [Cernovich, Volokh, Greenfield, Mitchell Rubinstein]
  • “Apartment owner sued for common area second hand smoke” [Womble Carlyle]
  • “Tulsa World sues alt-weekly over circulation story” [Romenesko and more, Shafer, BatesLine with many links] Update: drops suit against publication, leaving suit against columnist [Romenesko]
  • “No evidence of a causal link between restaurants and obesity”. Hey, that could derail some lawsuits [Pethokoukis, U.S. News, on Northwestern/Berkeley study]
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    January 17 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2009/01/january-17-roundup-2/feed/ 4     January 6 roundup https://www.overlawyered.com/2009/01/january-6-roundup/ https://www.overlawyered.com/2009/01/january-6-roundup/#comments Tue, 06 Jan 2009 12:51:29 +0000 http://overlawyered.com/?p=8134 Griffin Bell, Carter AG dead at 90, was (among much else) respected Democratic voice for litigation reform [Atlanta Journal-Constitution] “700,000 squiggles”: historic NY high court crackdown on trial lawyers’ pothole map [NYT; D’Onofrio v. City of New York slip op h/t reader Andrew Barovick; way back, City Journal] Judge gets off pretty easy after her […]

    January 6 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

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  • Griffin Bell, Carter AG dead at 90, was (among much else) respected Democratic voice for litigation reform [Atlanta Journal-Constitution]

  • “700,000 squiggles”: historic NY high court crackdown on trial lawyers’ pothole map [NYT; D’Onofrio v. City of New York slip op h/t reader Andrew Barovick; way back, City Journal]

  • Judge gets off pretty easy after her drunken crash into cop car [Hartford Courant via ChicTrib] Connecticut’s wild-n-crazy judiciary [Courant]

  • Follow the rules and seat Burris: National Journal quotes me in its bloggers’ poll [Illinois Senate appointment]

  • Legal history moment: Statute of Anne, 1710, turned copyright law into force for liberty [Cathy Gellis]

  • Blind editorial squirrel finds acorn: NY Times editorial on Calif good-Samaritan liability not half bad [yes, NYT]

  • “Win yourself a $50,000 bounty by busting a patent” [Forbes]

  • Dental student dismissed from University of Michigan wins $1.7 million from four profs, argued that claimed academic deficiencies were just ruse [ABA Journal]

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    January 6 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2009/01/january-6-roundup/feed/ 6     California Good Samaritan ruling, cont’d https://www.overlawyered.com/2008/12/california-good-samaritan-ruling-contd/ https://www.overlawyered.com/2008/12/california-good-samaritan-ruling-contd/#comments Sun, 21 Dec 2008 05:04:58 +0000 http://overlawyered.com/?p=8044 As mentioned yesterday, California’s Supreme Court has ruled 4-3 that the state’s “Good Samaritan” law providing tort immunity for rescuers applies only to medical personnel providing medical help at an emergency scene, and not to civilians. “Although the law does not distinguish between types of emergency care, the court majority said the context shows it […]

    California Good Samaritan ruling, cont’d is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     As mentioned yesterday, California’s Supreme Court has ruled 4-3 that the state’s “Good Samaritan” law providing tort immunity for rescuers applies only to medical personnel providing medical help at an emergency scene, and not to civilians. “Although the law does not distinguish between types of emergency care, the court majority said the context shows it was meant to be limited to medical care. The law was part of a package of legislation on emergency medical services, Justice Carlos Moreno said in the majority opinion.” (SF Chronicle). Unless you’ve got medical training, then, think twice about offering to help. Docbloggers have been discussing the decision since then, with GruntDoc siding with the dissent, SymTym countering on behalf of the majority, and Throckmorton reporting that even being on the right side of the law isn’t enough to provide reassurance nowadays: “Most of my colleagues are afraid to stop at the scene of an accident and render aid for fear of being sued. The Good Samaritan Law is supposed to prevent this fear of suits but no one seems to believe that it will offer any protection.”

    P.S. Gleeful Gecko: “Never put out a burning Californian.”

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    California Good Samaritan ruling, cont’d is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2008/12/california-good-samaritan-ruling-contd/feed/ 20     Microblog 2008-12-19 https://www.overlawyered.com/2008/12/microblog-2008-12-19/ https://www.overlawyered.com/2008/12/microblog-2008-12-19/#comments Sat, 20 Dec 2008 02:58:17 +0000 http://overlawyered.com/?p=8043 Newest “Trial Lawyers Inc.” report is on Louisiana [Manhattan Institute, Point of Law] Mel Weiss disbarred automatically w/strong language from judges [Matter of Weiss h/t @erwiest] Pro se claimant: I wrote down cure for cancer and then the darn hospital stole it! [Above the Law] “California Supreme Court Ruling May Deter Good Samaritans” [The Recorder; […]

    Microblog 2008-12-19 is a post from Overlawyered - Chronicling the high cost of our legal system

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  • Newest “Trial Lawyers Inc.” report is on Louisiana [Manhattan Institute, Point of Law]
  • Mel Weiss disbarred automatically w/strong language from judges [Matter of Weiss h/t @erwiest]
  • Pro se claimant: I wrote down cure for cancer and then the darn hospital stole it! [Above the Law]
  • “California Supreme Court Ruling May Deter Good Samaritans” [The Recorder; SF Chronicle with copious reader comments, GruntDoc, our coverage last year]
  • Due diligence on dodgy funds? Sometimes it seems everyone’s relying on someone else to do that [Bronte Capital] Madoff fraud may date to 1970s, maybe “recent laxity” angle has been overdone [Securities Docket] “Ponzi crawl” = pub crawl whereby new person is added at each location and has to buy a round [Re Risk]
  • Radley Balko on Julie Amero malware-prosecution story [Reason, earlier]
  • Join Paul Ehrlich in some of the world’s most famously refuted predictions, and you too may get to be Obama’s science adviser [John Tierney/NYT, John Holdren]
  • Wisconsin Minnesota pig-sitter trial set for March, claim is that defendant let star porker overfeed and gain a hundred pounds [LaCrosse Tribune h/t @kevinokeefe]
  • More on the Patent and Trademark Office “acceptable error” employment case [Venture Chronicles, Jeff Nolan; earlier]
  • Procter & Gamble “Satanism” case finally settles, soap giant got $19 million verdict against four Amway distributors who spread rumor [OnPoint News]
  • Once filing of a suit severs the channels of communication, attorneys and clients alike begin to make up “what really happened” narratives [Settle It Now]
  • Sometimes lawyers need to be formal. Don’t IM “Court denied your appeal u will b executed saturday thx” [Beck & Herrmann]
  • Bangladesh hoping to build replica of Taj Mahal despite copyright claims [Times Online h/t @mglickman]
  • Midnight regulations? “OMB Watch” vigilant (and with reason) during this R-2-D transition but sang different tune in 2000’s D-2-R [Gillespie, Reason]
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    Microblog 2008-12-19 is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2008/12/microblog-2008-12-19/feed/ 4