Posts Tagged ‘Pittsburgh’

More on Pittsburgh RR crossing case

Reader Steve Headley advises us that there have been follow-ups to the case (publicized worldwide) of Patricia Frankhouser of Jeannette, Pa., who’s suing the Norfolk Southern railway over a broken finger and other injuries she suffered in an encounter with one of its freight trains; the suit, among its other contentions, claimed the railroad should have warned that walking along the tracks was dangerous and should have yielded the right of way (see Nov. 12). After the original reports in the Pittsburgh Tribune-Review and Post-Gazette, and a Tribune-Review letter to the editor and editorial critical of the suit, attorney Harry F. Smail Jr. wrote in to the paper with his side of the story (Nov. 16). Smail argues that the case is meritorious because Frankhouser was earlier acquitted of charges of criminal trespass arising from being on the tracks. His response drew another critical letter to the editor (Nov. 17). (& update Feb. 20).

Attorney Smail, incidentally, has lately been involved in another colorful case, successfully representing a woman who passed a supposed $200 bill at a Fashion Bug; neither she nor the store clerk realized that there is no $200 denomination and that the bill was a joke replica with pictures and other references to President George W. Bush, Jr. (Bob Stiles, “Charges withdrawn against woman who used bogus bill”, Pittsburgh Tribune-Review, Nov. 13; “Charges Dropped in Bogus Bush Bill Case”, The Guardian (UK), Nov. 15).

RR didn’t warn not to walk on tracks

“A Jeannette woman who was slightly injured after being struck by a train while walking along railroad tracks sued Norfolk Southern Corp. Thursday for failing to warn pedestrians that trains travel on tracks.” Patricia Frankhouser suffered a broken finger as well as cuts and scrapes; her lawyer, Harry F. Smail Jr. of Greensburg, “argues that the railroad was negligent for failing to post signs warning ‘of the dangers of walking near train tracks and that the tracks were actively in use.'” (Matthew Junker, “Woman struck by train sues railroad”, Pittsburgh Tribune-Review, Nov. 5). Other counts in the suit include the railroad’s failure to put up gates and the failure of its engineer to stop faster or yield the right of way. (“Jeannette woman sues railroad”, Pittsburgh Post-Gazette, Nov. 9). Updates Nov. 23: more on case including attorney Smail’s defense of suit; Feb. 20 (RR asks dismissal).

Sports medicine: a view from Pa.

Independent team doctors getting scarcer: “The rising cost of medical malpractice insurance, and the proliferation of sponsorship arrangements between teams and large medical groups, have changed the landscape for team physicians in recent years — particularly at the major pro level, but also reaching down to college and high school sports. As part of the sponsorship deals, health care groups provide the team physicians, who have come to realize they need the umbrella of a large health care system to provide malpractice insurance. The combination of the rising cost of malpractice insurance in states such as Pennsylvania that don’t have tort reform and the potential for large judgments going to high-paid athletes has increased the risk for team doctors and made it nearly impossible for independent doctors to work in the field. … Although malpractice lawsuits filed by athletes against team physicians aren’t common, there have been several multimillion-dollar judgments and settlements, and that’s enough to cause a lot of concern.” (Shelly Anderson, “Is there a doctor in the clubhouse?”, Pittsburgh Post-Gazette, Oct. 10). For more, see Apr. 7-8, 2003, Jun. 13, 2002 and Dec. 7, 2000.



That Rolls Royce Phantom in the Grant Street Lawyers Building parking lot never fails to stop passers-by in their tracks.

The first 2004 Rolls to roll out in North America belongs to local personal injury attorney Martin Lazzaro. Its retail value is about $325,000.

The license on the front spells his name, and the one on the back says I-800-I GOT HIT.

— Celeste Whiteford, “Personal injury lawyer Rolls along”, Pittsburgh Tribune-Review, Jul. 18; “Clever, aggressive lawyers joining the rush for customers”, Aug. 22.

Grocery worker wins ADA case

37-year-old grocery worker David Warnes took a donut from an Entenmann’s box, ate half of it, and returned the other half to the box on the shelf. The Giant Eagle supermarket fired him — and bought itself a lawsuit. Mr. Warnes has Down Syndrome and, his mother explains, “impulsively” ate the doughnut without understanding the consequences of his actions. Somehow, this case got to a jury, which ruled in Mr. Warnes’s favor; the supermarket reached a settlement rather than risk punitive damages. “The lawsuit sought damages for lost wages, reimbursement for the difficulty Warnes would have in finding another job, emotional distress, embarrassment and humiliation.” “Warnes’ attorney, Timothy O’Brien, said his client was ‘very happy’ with the jury’s decision.” “‘He was pleased,’ said his mother, Carol. ‘[But] he doesn’t really comprehend the legal system.'” That makes two of us, at least in this case. (Torsten Ove, “Giant Eagle reaches settlement with former employee”, Pittsburgh Post-Gazette, Mar. 6; Robert Baird, “Grocery worker wins lawsuit”, Pittsburgh Tribune-Review, Mar. 5).

Read On…

GAO: legal costs drive med-mal rates

Congress’s General Accounting Office confirms what the Department of Health and Human Services and Joint Economic Committee (PDF) have found before it: “Increases in medical malpractice insurance rates in some states, including Pennsylvania, were due largely to high payoffs on legal claims, according to a congressional survey released yesterday. …’Losses on medical malpractice claims appear to be the primary driver of increased premium rates in the long term,’ the report states. ‘Such losses are by far the largest component of insurer costs.'” (Lara Jakes Jordan, “Malpractice insurance rise tied to legal claims”, AP/Pittsburgh Post-Gazette, Jul. 29). Study: “Medical Malpractice Insurance: Multiple Factors Have Contributed to Increased Premium Rates”, Jun. (PDF format).

P.S. In August 2003 the GAO released a further look at medical malpractice problems, “Medical Malpractice: Implications of Rising Premiums on Access To Health Care“. Congress’s Joint Economic Committee later (Dec.) published a policy brief offering perspective on the GAO findings.

Archived aviation items, pre-July 2003

NTSB blames pilot error, but airport told to pay $10 million“, May 14, 2003. 

Security profiling, 2002:Rather die than commit profiling, cont’d“, Oct. 14; “Profiling: a Democrat outflanks Ashcroft” (Sen. Feinstein), Jun. 10; “Airlines sued over alleged profiling“, Jun. 6; “The scandal of the Phoenix memo“, May 28-29; “Fearing ethnic profiling charges, bureau ignored flight-school warning“, May 6; “Columnist-fest” (Charles Krauthammer), Mar. 18; “Profiling: the cost of sparing feelings“, Jan. 14-15.  2001:Profiling perfectly OK after all“, Nov. 16-18; “‘Politically incorrect profiling: a matter of life or death’” (Stuart Taylor, Jr.), Nov. 9-11; “Opponents of profiling, still in the driver’s seat“, Nov. 2-4; “Anti-bias law not a suicide pact“, Oct. 3-4. 

‘Sisters suing Southwest over “racist rhyme”‘“, Feb. 11, 2003.

Forum-shopping:Mass disasters belong in federal court“, Dec. 18-19, 2002; “Crash lawyers like Boeing move” (Chicago, new HQ city, has higher verdicts), May 17, 2001; “Come to America and sue” (Concorde forum-shopping), Jan. 19-21, 2001; “French crash, German victims, American payout levels?“, Sept. 29-Oct. 1, 2000.

Lawyer’s suit against airline: my seatmate was too fat“, Aug. 2-4, 2002; “‘Sorry, Slimbo, you’re in my seats’“, June 7, 2001 (& updates Dec. 15-16, 2001, Oct. 25-27, 2002); “Obese fliers“, Dec. 20, 2000.

Annals of zero tolerance: ‘No scissors allowed at ribbon-cutting ceremony at Pittsburgh airport’“, Sept. 23, 2002.

‘Airline sued for $5 million over lost cat’“, Sept. 3-4, 2002.

Flowers, perfume in airline cabins not OK?” (Canada), May 17-19, 2002. 

World Trade Center, 2002:Roger Parloff on 9/11 fund“, Apr. 1-2.  2001:Liability limits speed WTC recovery“, Nov. 21-22; “‘Company tried to capitalize on Sept. 11’“, Oct. 15; “‘Despite Protection, Airlines Face Lawsuits for Millions in Damages’“, Sept. 24 (& Oct. 10-11); “‘Lawsuits From Attacks Likely to Be in the Billions’“, Sept. 21-23; “Washington Post on airline liability“, Sept. 19-20; “What you knew was coming“, Sept. 14-16 (& coverage generally after Sept. 11). 

Couldn’t order 7-Up in French” (suing Air Canada for $525,000), Mar. 18, 2002. 

Disclaimer rage?” (GPS software), Oct. 15, 2001. 

‘Man Thought  He Was Dead, Sues Airline’” (left sleeping in darkened cabin), Oct. 10-11, 2001. 

‘Poor work tolerated, employees say’“, Nov. 15, 2001; “The high cost of cultural passivity“, Sept. 21-23; “Self-defense for flight crews“, Sept. 13; “Transsexual passenger’s airline hassle“, Sept. 12, 2001. 

White-knuckle lotto:‘Delta passenger wins $1.25 mln for landing trauma’“, Aug. 24-26, 2001; “All shook up” (jury says emotional scars from Little Rock crash worth $6.5 million), Oct. 19, 2000; “White-knuckle lotto“, Oct. 8, 1999. 

Letter to the editor, Sept. 3, 2001 (ABC vs. Parker-Hannifin); “Big numbers” (Teledyne Continental Motors $27 million settlement), April 16, 2001; “Getting around small-aircraft lawsuit reform“, Jan. 29, 2001. 

‘Airline restricts children flying alone’“, Aug. 6, 2001. 

‘Lawyers pay price for cruel hoaxes’“, Aug. 3, 2001; “‘The love children of Flight 261’“, April 10, 2001; “After an air crash, many Latin ‘survivors’” (Alaska Air claimants), Nov. 29, 2000. 

Needed: assumption of risk” (first-time skydiver), July 27-29, 2001; “‘Skydivers don’t sue’“, May 26, 2000 (update July 6: Canadian diver prevails in suit against teammate) (& see Apr. 16, 2001). 

Getting around small-aircraft lawsuit reform“, Jan. 29, 2001. 

‘Economy-class syndrome’ class action” (Australia), Dec. 13-14, 2000. 

All shook up” (jury says emotional scars from Little Rock crash worth $6.5 million), Oct. 18, 2000; “Diva awarded $11M for broken dream” (opera student injured in runway crash), Aug. 31, 2000. 

John Denver crash” (also Air France, Northwest, aviation need for tort reform), Oct. 4, 2000. 

Prosecution fears slow crash probes“, Sept. 6-7, 2000. 

Retroactive crash liability” (Death on the High Seas Act), Aug. 25-27, 2000. 

Class actions: are we all litigants yet?” (American Airlines frequent flier class action), Aug. 23-24, 2000. 

Never too stale a claim” (suits against manufacturers over planes built in early 20th century), July 14-16, 2000. 

New subpage” (this page introduced), June 16-18, 2000. 

Somebody to sue” (map publisher Jeppesen Sanderson sued after Croatia crash), June 1, 2000. 

Swissair crash aftermath” (Peggy’s Cove disaster in U.S. courts), March 14, 2000; “Montreal Gazette ‘Lawsuit of the Year’” (bagpipers sue Swissair for lost income), Jan. 17, 2000. 

Blaming good pilots” (Alaska Air crash), Feb. 24, 2000. 

New safety rule likely to increase death toll” (FAA and child seating on airlines), Dec. 31, 1999-Jan. 2, 2000. 

Attorney blames airline for passenger’s drunken in-flight rage“, Dec. 9, 1999. 

Indications of turbulence” (pilot whose mental fitness for duty was challenged wins partial back pay), Dec. 1, 1999. 

Some lawyers try to make nice” (EgyptAir 990), Nov. 29, 1999. 

From the planet Litigation” (UFO suits), Nov. 22, 1999. 

Grounds for suspicion” (DEA and arriving passengers), Oct. 9-10, 1999. 

Overlawyered skies not always safer“, July 19, 1999.

Other resources:

AVweb includes articles by its law columnist, Phillip J. Kolczynski, on such topics as product liability, liability for homebuilt aircraft, and aircraft owner liability

Walter Olson, “Kingdom of the One-Eyed” (pilot vision and ADA), Reason, July 1998. 

Walter Olson, “Life, Liberty, and the Pursuit of a Good Beer” (alcoholic pilot and ADA), Washington Monthly, September 1997.

Archived gun items, pre-July 2003

Gun lawsuit columns“, Apr. 25-27, 2003; “Gun lawsuit preemption moves forward“, Apr. 4-6; “Gun-suit thoughts“, Mar. 31, 2003; “House bill would cut off municipal gun suits“, May 9, 2002. 

NAACP suits:Update” (jury votes against liability), Jun. 2, 2003; “Gun lawsuit columns“, Apr. 25-27; “Gun-suit thoughts“, Mar. 31; “Stalking horse for anti-gun litigators“, Mar. 24, 2003; “NAACP’s ‘ludicrous’ anti-gun suit” (David Horowitz in Salon), Aug. 19, 1999; “Not-so-Kool omen for NAACP suit” (racial claims fail in tobacco case), Nov. 1, 1999; “Connecticut, sue thyself” (NAACP official, while state official, subsidized gunmaking), Dec. 2, 1999.  Also see letters to the editor, “NAACP lawsuits take bad aim“, Detroit Free Press, Jul. 20, 1999 (& see update Jul. 30, 2003: judge dismisses lawsuit). 

More notices for The Rule of Lawyers” (NRA’s LaPierre praises book), Mar. 21-23, 2003 (& Apr. 25-27).

Manufacturer sued after bullet fails to take down lion“, Apr. 25-27, 2003.

Florida school shooting: the deep pockets did it” (Grunow), Dec. 13-15, 2002 (& update Feb. 4-5).

Spitzer riding high” (New York attorney general), Jun. 17-18, 2002. 

Municipal cases crash and burn, 2002:‘Gunning for manufacturers through courts’” (Boston drops its case), Apr. 29-30; “Third Circuit nixes Philly gun suits“, Jan. 28-29.  2001:Municipal gun suits on the run” (Camden, Atlanta, Bridgeport’s Ganim), Nov. 19-20; “Victory (again) in Connecticut” (Bridgeport), Oct. 3-4 (& Dec. 11-12, 1999); “‘New York State’s Gun Suit Must Be Dismissed’“, Aug. 22-23; “Columnist-fest” (Jacob Sullum), June 22-24; “Victory in Albany” (Miami, New Orleans, etc.), April 27-29.  2000:Victory in Philadelphia“, Dec. 22-25; “Victory in Chicago“, Sept. 20; “‘City gun suit shot down on appeal’” (Cincinnati), Aug. 16-17 (& Oct. 8, 1999).  1999:Victory in Florida” (Miami), Dec. 14 (& Nov. 20-21). 

‘Gunning for manufacturers through courts’” (proposed NYC ordinance), Apr. 29-30, 2002. 

Commentaries by others, 2002:Columnist-fest” (Dave Kopel, Jacob Sullum), Mar. 18.  2001:Municipal gun suits on the run” (Peter Schuck, Kimberley Strassel), Nov. 19-20; “Columnist-fest” (Sullum), June 22-24; “City gun suits: ‘extortion parading as law’” (Robert Levy), May 14. 2000:Tobacco- and gun-suit reading” (Michael Krauss), Aug. 21-22; “Steady aim” (Vince Carroll, Sam Smith), May 12; “Columnist-fest” (Sullum), May 2; “Stuart Taylor, Jr., on Smith & Wesson deal“, April 11; “Blatant end-runs around the democratic process” (Robert Reich), Jan. 15-16. 1999:Weekend reading: evergreens” (Bruce Kobayashi), Oct. 23-24; “Arbitrary confiscation, from Pskov to Pascagoula” (Michael Barone), July 24-25; “Guns, tobacco, and others to come” (Peter Huber), July 20; “‘Anti-democratic, wrong, a feel-good solution‘” (editorials), July 3. 

Under the Christmas tree” (BB guns, toy soldiers), Dec. 21-23, 2001 (& see Feb. 11-12, 2002). 

State of prosecution in Iowa” (bullet possession), Jan. 28-29, 2002. 

‘FTC Taking “Seriously” Request to Probe Firearms Sites’” (unlawful to recommend guns for family security?), Jan. 16-17, 2002. 

‘North America’s most dangerous mammal’” (deer), Nov. 29, 2001. 

Gun controllers on the defensive“, Nov. 6, 2001. 

‘Shooting range sued over suicide’“, Sept. 27, 2001; “$3 million verdict for selling gun used in suicide“, Sept. 17, 2001; “‘Suicide-Attempt Survivor Sues’” (department that issued cop his gun), Jan. 24-25, 2001. 

The high cost of cultural passivity“, Sept. 21-23, 2001; “Self-defense for flight crews“, Sept. 13, 2001. 

Self-defense: an American tradition” (Bellesiles furor), Sept. 12, 2001. 

Navegar not nailed“, Aug. 15, 2001; “Victory in California” (Navegar), Aug. 7-8, 2001; “Weekend reading: evergreens” (Bruce Kobayashi), Oct. 23-24, 1999.

Victory in Albany” (Hamilton v. Accu-Tek), April 27-29, 2001.

Letter to the editor” (activist doctors vs. gun ownership), May 18, 2001. 

Non-gun control” (toy guns; bottles and glasses), March 23-25. 

$3 million verdict for selling gun used in suicide“, Sept. 17, 2001; “Vicarious criminal liability?” (individual who sold gun prosecuted after remote purchaser used it to commit murder), Dec. 8-10, 2000. 

Promising areas for suits” (suits against families after firearms injuries), Dec. 7, 2000. 

‘Gunshot wounds down almost 40 percent’“, Oct. 10, 2000. 

For Philly, gun lawsuits just the beginning” (city intends to sue other businesses), Oct. 5, 2000. 

Effects on gunmakers:Victory in Chicago” (dealers under pressure as liability insurance dries up), Sept. 20, 2000; “One gunmaker’s story” (Freedom Arms), June 14-15; “Gun-buying rush“, Jan. 4, 2000; “Victory in Florida” (lawyers using cost infliction as tactic), Dec. 14, 1999; “Gun jihad menaces national security” (small arms industry is important defense supplier), Nov. 9; “Skittish Colt” (not abandoning consumer market, says gunmaker), Nov. 18-19; “Proud history to end?” (Colt’s retreating from consumer handgun business), Oct. 12; Gunmaker bankruptcies: three, and counting“, Sept. 14, 1999. 

Senator Lieberman: a sampler” (opposed firearms lawsuits in D.C. in 1992), Aug. 8-9, 2000; “Veeps ATLA could love” (Durkin, D-Ill., sponsor of gun-suit bill), July 7, 2000. 

Our most ominous export” (U.S. trial lawyers help launch anti-gunmaker suit in Brazil), July 31, 2000. 

‘Poll: majority disapprove of tobacco fine’” (survey finds public against gun suits 67 to 28 percent), July 24-25, 2000. 

Giuliani’s blatant forum-shopping“, June 28, 2000; “…bad news out of New York” (city joins gun suits), June 21, 2000. 

The Wal-Mart docket” (sued over gun sales), July 7, 2000.

Parodies, cartoons:Animated advocacy” (“smart guns” interactive game, etc.), June 16-18, 2000; “Cartoon that made us laugh” (“….We can’t take those off the market! Dangerous products are a gold mine for the gov’t!”), Jan. 21-23; “Power tools: America’s children at risk” (parody site taken seriously), Dec. 7, 1999.

Rewarded with the bench” (judicial nomination for Connecticut AG Richard Blumenthal?), June 12, 2000; “Punished for resistance“, March 31-April 2; “Connecticut, sue thyself” (state officials, NAACP), Dec. 2, 1999.

Smith & Wesson settlement:Victory in Albany” (see notes), April 27-29, 2001; “A Smith & Wesson FAQ“, May 18-21, 2000; “Not with our lives you don’t“, May 9; “Columnist-fest” (Jacob Sullum), May 2; “Police resent political gun-buying influence“, April 14-16; “Stuart Taylor, Jr., on Smith & Wesson deal“, April 11; “Punished for resistance“, March 31-April 2; “Another S&W thing“, March 27; “Social engineering by lawsuit” (Yale law professor Peter Schuck doubts S&W would have lost at trial), March 27; “Smith & Wesson’s ‘voluntary’ capitulation’“, March 21; “Liberty no longer insured by Smith & Wesson“, March 20, 2000. 

Not my fault, II” (19-year-old sues gunmaker, own father over accidental shooting 14 years earlier), May 17, 2000. 

Not with our lives you don’t” (gun-suit issue figures in Presidential race; Clinton, trial lawyers endorse gun control event), May 9, 2000. 

Police line-of-duty:Not with our lives you don’t“, May 9, 2000; “Police resent political gun-buying influence“, April 14-16; “Cops shoot civilian; city blames maker of victim’s gun“, April 12, 2000; “Zone of blame” (policeman’s widow sues maker of his gun), Oct. 27, 1999. 

Barrel pointing backward” (lawsuits and “smart guns”), Feb. 17, 2000; update, March 8

Improvements to our gun-litigation page“, Feb. 14, 2000; “Gun litigation roundup“, Feb. 10-11, 2000. 

HUD:Cuomo menaces gun makers: ‘death by a thousand cuts“, Feb. 2, 2000; “Feds’ tobacco hypocrisy: Indian ‘smoke shops’“, Jan. 25, 2000; “Gun lawsuits: White House, HUD pile on“, Dec. 9, 1999. 

“Fourth Branch”?:Steady aim“, May 12, 2000; “Judge to lawyers in Miami gun suit: you’re trying to ban ’em, right?” (anti-democratic quotes from anti-gun side), Nov. 20-21, 1999; “Gun litigation: a helpful brother-in-law” (Hugh Rodham surfaces assisting gun lawyers), Oct. 25, 1999; “Reform stirrings on public contingency fees“, Oct. 15; “Big guns” (origins of municipal litigation), Oct. 5-6; “Like calling the Orkin man to talk about bugs” (American Bar Ass’n president compares gun suits to civil rights crusade), August 10; “‘A de facto fourth branch of government‘” (Wendell Gauthier’s view of trial lawyers’ role), July 4, 1999. 

Hypocrisy of municipal plaintiffs: Do as we say, please” (big cities suing gun makers sell lots of surplus guns themselves), July 14, 1999; Do as we say (II): gun-suit hypocrisy in Detroit“, August 30, 1999; “Gun-suit hypocrisy, Boston style” (city admits it didn’t follow own procedures in selling guns), August 25, 1999; “Connecticut, sue thyself” (state officials, NAACP), Dec. 2, 1999. 

Philanthropies back anti-gun litigation:Charity dollars support trial lawyers’ gun jihad“, Sept. 2, 1999; “Correction: the difference one letter makes” (YWCA, not YMCA, supports anti-gun efforts), Nov. 10; “Soros as bully” (“Open Society” philanthropist), Nov. 23, 1999. 

Recommended reading” (Lingua Franca on Second Amendment controversy in law schools), Jan. 25, 2000; “‘Scholar’s shift in thinking angers liberals’” (Larry Tribe says Second Amd’t does include individual right), Aug. 30, 1999. 

Fertilizer manufacturers not liable for World Trade Center bombing” (theories against them resembled those used against gunmakers), Aug. 23, 1999.

‘Settlement bonds’: are guns next?” (Wall Street maneuvering to float bonds based on expropriation of gun industry), Aug. 5, 1999.

Censorship via (novel) lawsuit” (lawyers suing gunmakers, Hollywood claim their theories are “traditional” and “time-honored”), Jul. 22, 1999.

Related commentary: “zero-tolerance” weapons policies

2002:‘No scissors allowed at ribbon-cutting ceremony at Pittsburgh airport’“, Sept. 23; “Steak knives, finger ‘guns’“, May 16; “Goodbye to zero tolerance?“, Jan. 25-27. 

2001:Under the Christmas tree” (BB guns, toy soldiers), Dec. 21-23; “John Leo on“, Aug. 15; “Bagpiper prom garb” (skean dubh knife), June 21; “Drawing pictures of weapons” (also U.K. pellet gun case), May 15; “Zero tolerance spiral” (roundup), April 12; “Non-gun control” (second-graders’ paper gun), March 23-25; “ABA criticizes zero tolerance” (knife cases), Feb. 21-22; “Pointing chicken finger“, Feb. 2-4; “Gun-shaped medallion“, Jan. 18. 

2000:Tweety bird chain” (also African tribal knives case), Sept. 29-Oct. 1 (& update Oct. 4); “Kopel on zero-tolerance policies“, Sept. 25-26; “‘NZ kids get ‘license’ to play with toy guns’“, Sept. 8-10; “Ease up on kids” (Utah), Aug. 4-7; “Annals of zero tolerance” (finger guns, inadvertent steak knife in lunch bag), May 22; “Kindergartners’ ‘bang, you’re dead’“, April 17; “Don’t play James Bond” (fifth grader’s plastic toy gun), March 28; “Annals of zero tolerance: scissors, teacher’s beer“, March 15. 

1999:Weekend reading: columnist-fest” (John Leo column), Dec. 11-12; “Scissors, toy-gun cases“, Dec. 8; “Annals of zero tolerance: the fateful thumb“, Nov. 20-21; “Annals of zero tolerance: more nail clippers cases“, Nov. 10; “Annals of zero tolerance: cannon shots banned” (school disallows yearbook photo posed on artillery), Oct. 30-31 (update Nov. 26-28: school relents); “Zero tolerance strikes again” (student suspended after using knife to cut cake), Oct. 23-24.


Other resources on gun lawsuits: 

List (compiled by Prof. Eugene Volokh, UCLA Law School) of law professors skeptical of firearms suits (subcategories: municipal lawsuits, firearms torts generally). 

“Suing Gun Makers” (Reason magazine “Breaking Issues” series).

Walter Olson, “Plaintiff’s Lawyers Take Aim at Democracy“, Wall Street Journal, March 21, 2000; “Big Guns“, Reason, Oct. 1999; “Firing Squad” (federalism and gun suits), Reason, May 1999. 

National Center for Policy Analysis, “Suing Gun Manufacturers: Hazardous to Our Health“. 

American Lawyer on origins of the municipal firearms litigation, June 1999. 

American Shooting Sports Coalition, “Gun Rights: Under the Gavel“. links on firearms litigation

Also see resources on product liability / on personal responsibility

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