Posts Tagged ‘juries’

March 27 roundup

  • NYC: “Lawsuit Blames Apple’s Glass Doors for Plaintiff’s Broken Nose” [Lowering the Bar, CBS New York]
  • Some who pushed enhanced punishment for Dharun Ravi may now be doubting they really want it [Scott Greenfield, earlier here, etc.]
  • NYT editorial on FMLA state immunity is as bad as anyone had a right to expect [Whelan]
  • “Pleading, Discovery, and the Federal Rules: Exploring the Foundations of Modern Procedure” [Martin Redish, FedSoc “Engage”] Summary of important ’09 Redish book Wholesale Justice calling into question constitutionality of class actions [Trask]
  • Would trial-by-DVD be so very wrong? [James Grimmelmann, Prawfs]
  • Contested memorabilia: lawsuits filed over estate of gay rights pioneer Franklin Kameny [MetroWeekly]
  • Feds’ “distracted driving” guidance could impair usefulness of car navigation systems [Cunningham/CNet, earlier]

More FCPA acquittals

Defenders of the government’s aggressive prosecutions under the Foreign Corrupt Practices Act are finding more and more to be defensive about. The latest in the string of setbacks for the Department of Justice came Monday, when a jury acquitted two defendants in the Justice Department’s 2009 Gabon “sting” operation and the case against three others ended in a mistrial. Alison Frankel: “So far, the Justice Department has not managed to convict a single Gabon sting defendant who contested its charges.” [WaPo, WSJ blog and related, earlier]

More: “A Guest Post From The Africa Sting Jury Foreman” [FCPA Professor]

January 31 roundup

  • Latest of periodic Towers Watson (formerly Towers Perrin/Tillinghast) surveys: tort costs fell in 2010 excluding oil spill liability [Towers Watson]
  • “Will Newt Neuter the Courts?” [James Huffman, Defining Ideas] Obama’s high court appointees are fortunately friendlier toward civil liberties than he is [Steve Chapman]
  • Unanimous Cal Supremes: companies not legally responsible for other companies’ asbestos products used as replacement for theirs [Cal Biz Lit, Jackson, Beck, Mass Tort Prof]
  • Claim: jurors considered policy implications of verdict and you can’t have that [On Point; defense verdict in Baltimore, Maryland school-bullying case]
  • Airfare display mandate: “‘Protecting’ Consumers from the Truth About the Cost of Government” [Thom Lambert, TotM]
  • Critical assessment of AP-backed new copyright aggregator “NewsRight” [Mike Masnick] Promises not to be “Righthaven 2.0” [Cit Media Law]
  • Restatement (Third) of Torts drafters vs. Enlightenment scientific views of causation [David Oliver in June]

July 12 roundup

  • Not for first time, Dahlia Lithwick misrepresents Wal-Mart case [Ponnuru, Whelan, earlier here and here]
  • Merciful gods, please spare us ghastly “Caylee’s Law” proposal [Josh Blackman, Reuters, Greenfield, Frank] More on constitutional flaws [Robson, Tribe]
  • Mark Perry on efforts to replace the relatively open-entry Washington, D.C. taxi system with NYC-style cartelization via medallion;
  • “Wrongful Convictions: How many innocent Americans are behind bars?” [Balko]
  • “Persaud identified himself as a juror, offering to fix the verdict for a fee.” [CBS NY; Long Island med-mal case]
  • “Is the Common Law the Solution to Pollution?” [Jonathan Adler, PERC]
  • “Rice Krispies class action settlement” [Ted Frank]

Jurors as grown-ups

New Michigan rules allow juries to ask questions and judges to summarize evidence for their benefit. Michigan Chief Justice (and Overlawyered favorite) Robert Young Jr. “says jurors will no longer be treated like kindergarteners” under the new rules. [ABA Journal; my take back when]

June 23 roundup

Swiss sledders, skiers seldom sue

“The tree trunks, exposed banks and other hazards whizzing past represent a cornucopia of potential tort suits under U.S. law, yet somehow the Swiss manage to operate these runs without being sued into oblivion.” Dan Fisher at Forbes has a go at explaining why. More: Bill Childs, TortsProf (many U.S. states relatively protective of winter sports providers).

February 22 roundup

November 30 roundup

  • Sooooo glad to be an American: that’s how Patrick at Popehat feels following latest Canadian-libel-law outrage directed at conservative blogger Ezra Levant (& see comments for alternate view);
  • Obama has pardoned more turkeys than people. Why? [Dan Froomkin, HuffPo]
  • “Reforming medical malpractice liability through contract” [Michael F. Cannon, Cato Institute working paper, PDF]
  • Memoir of jury foreman in criminal case [Tux Life]
  • Not too sharp: Massachusetts school district disavows policy of not letting students bring pencils to school [Slashdot]
  • State governors have big plans for liability reform. Maybe even loser-pays? [Carter at PoL, more; Florida, Indiana, Tennessee, Texas]
  • Parent who sent buzzworthy demand letter to Kansas City school board is a jazz musician [Wayward Blog, earlier]
  • From comic books to violent videogames: “Our puritanical progressives” [George Will]