Posts Tagged ‘guns’

“OSU fraternity must pay homeless man who was shot by member”

“A jury has awarded about $41,000 in damages to a homeless man who was shot by an Oregon State University fraternity member in 2006.” The Association of Alpha Beta Chapter of Alpha Gamma Rho had expelled the member after his arrest for the .22 caliber rifle shooting, but witnesses said members had been known to fire BB-gun shots from the fraternity’s windows in the past. A lawyer unsuccessfully sought punitive damages on the theory that the fraternity had tolerated “animosity against the homeless”. [AP/OregonLive]

October 15 roundup

  • “Jury Says No to Libel Claim Over Truthful E-Mail” [NLJ, Ardia/Citizen Media Law; high-profile First Circuit Noonan v. Staples case, earlier here and here]
  • Transmission of folk music is getting tangled in copyright claims [BoingBoing]
  • Scientific shortcut? Veterans Department will presume Parkinson’s, common heart ailment are caused by Agent Orange for GIs who set foot in Vietnam [NY Times]
  • Federal hate crimes bill: yes, courts will consider speech and beliefs in assessing penalties [Sullum and more, Bader]
  • Texas trial lawyer Mark Lanier’s famed Christmas bash will feature Bon Jovi this year [ABA Journal, background here and here]
  • Let’s explain our Constitution to her: U.K. cabinet minister thinks Arnie can close private website because it’s based in California and he’s governor [Lund, Prawfsblawg]
  • Ten best Supreme Court decisions, from a libertarian point of view? [Somin, Volokh]
  • Cert petition on dismissal of suit against Beretta shows Brady Center still haven’t given up on undemocratic campaign to achieve gun control through liability litigation [Public Nuisance Wire interview with Jeff Dissell, NSSF]

“Jury awards dad $50K for teen’s suicide”

Frank Eisler kept an assortment of guns in his home, and in particular had “kept at least one gun in an unlocked drawer of his water bed — separate, but not far, from its clip.” Eisler’s stepson, 16-year-old Brian Montes, used one of the guns to commit suicide on April 11, 2005 and Brian’s father, Joseph Montes, sued Eisler for negligence in the death. [Maryland Daily Record]

David Michaels and gun control

The controversial OSHA nominee and left-leaning public health advocate also seems to have strong views on firearms issues. That’s by no means irrelevant to the agenda of an agency like OSHA, because once you start viewing private gun ownership as a public health menace, it begins to seem logical to use the powers of government to urge or even require employers to forbid workers from possessing guns on company premises, up to and including parking lots, ostensibly for the protection of co-workers. In addition, OSHA has authority to regulate the working conditions of various job categories associated with firearms use (security guards, hunting guides, etc.) and could in that capacity do much to bring grief to Second Amendment values.

Senators have put nominations on hold for less. It will be interesting to see whether they take an interest in Michaels’ views on gun restrictions and their place in OSHA’s agenda (& welcome Instapundit, Point of Law, Snowflakes in Hell, CEI “Open Market”, NRA-ILA readers). More: David Codrea/Examiner, Carter Wood/ShopFloor.