railroads – Overlawyered https://www.overlawyered.com/ Chronicling the high cost of our legal system Sun, 11 Aug 2019 01:57:20 +0000 en-US hourly 1 Liability roundup https://www.overlawyered.com/2019/08/liability-roundup-57/ Fri, 16 Aug 2019 10:01:15 +0000 https://www.overlawyered.com/?p=73442 “TriMet faulted Laing for failing to heed warning signs … and earbuds playing loud music. Laing’s attorneys argued it couldn’t be determined what volume the music was playing at at the time of impact.” [Aimee Green, Oregonian; $15 million jury verdict for woman who dashed in front of train reduced to $682,800] “When Are Athletes […]

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

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  • “TriMet faulted Laing for failing to heed warning signs … and earbuds playing loud music. Laing’s attorneys argued it couldn’t be determined what volume the music was playing at at the time of impact.” [Aimee Green, Oregonian; $15 million jury verdict for woman who dashed in front of train reduced to $682,800]
  • “When Are Athletes Liable for Injuries They Cause?” [Eugene Volokh on Nixon v. Clay, Utah Supreme Court]
  • Former Alabama Sen. Luther Strange has written a law review article on local government abuse of public nuisance law in industrywide litigation [Stephen McConnell, Drug and Device Law] “California’s disturbing lead paint ruling is going interstate. Magistrate cites it in opioid MDL to support tribal nuisance claims under Montana law” [Daniel D. Fisher on Blackfeet Tribe v. Amerisource] Federal judge should have said no to Rhode Island climate change/public nuisance suit [Michael Krauss, Forbes]
  • “Will New York law change veterinary malpractice?” [Christopher J. Allen, Veterinary News]
  • Supreme Court’s 5-4 ruling on class action counterclaim removal in Home Depot U.S.A. v. Jackson leaves Congress to fix what Judge Paul Niemeyer called a loophole in the Class Action Fairness Act [Diane Flannery, Trent Taylor & Drew Gann, McGuireWoods, Federalist Society teleforum with Ted Frank]
  • In Missouri, logjam for liability reform breaks at last as Gov. Mike Parson signs four pieces of legislation into law [Daily Star Journal (Warrensburg, Mo.); Beck on forum-shopping measure]
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    Liability roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>         Lawyers shouldn’t secretly record medical exams https://www.overlawyered.com/2019/06/lawyers-shouldnt-secretly-record-medical-exams/ https://www.overlawyered.com/2019/06/lawyers-shouldnt-secretly-record-medical-exams/#comments Thu, 20 Jun 2019 10:02:36 +0000 https://www.overlawyered.com/?p=73359 “Marquette, Mich. railway trackman sues his employer, alleging an on-the-job injury. Employer schedules an independent medical exam to assess his injuries. Trackman refuses to fill out medical questionnaire and refuses to answer examiner’s questions. Also, his lawyer tags along to the exam, which is … uncommon. And the lawyer secretly records the exam on his […]

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    ]]>     “Marquette, Mich. railway trackman sues his employer, alleging an on-the-job injury. Employer schedules an independent medical exam to assess his injuries. Trackman refuses to fill out medical questionnaire and refuses to answer examiner’s questions. Also, his lawyer tags along to the exam, which is … uncommon. And the lawyer secretly records the exam on his cell phone. District court: Given the ‘flagrant and repeated misconduct exhibited by Plaintiff and his attorney,’ the entire case is dismissed. Sixth Circuit: Affirmed. Although we’re generally reluctant to dismiss a plaintiff’s suit merely to sanction the plaintiff’s lawyer, both the trackman and his lawyer behaved badly here. Judge Sutton, concurring: Also, we shouldn’t be at all reluctant to hold parties accountable for their lawyers’ misdeeds, even if the parties themselves are not at fault.” [John K. Ross, Institute for Justice “Short Circuit” on Mager v. Wisconsin Central, Sixth Circuit]

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    Lawyers shouldn’t secretly record medical exams is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2019/06/lawyers-shouldnt-secretly-record-medical-exams/feed/ 8     Liability roundup https://www.overlawyered.com/2019/05/liability-roundup-54/ https://www.overlawyered.com/2019/05/liability-roundup-54/#comments Fri, 17 May 2019 09:58:01 +0000 https://www.overlawyered.com/?p=73175 Oakland jury tells Monsanto to pay $2 billion over claim that Roundup caused non-Hodgkin’s lymphoma, though the consensus among scientists is that it doesn’t [Tina Bellon, Reuters, earlier] Both sides in glyphosate trial bombarded Bay Area residents with local paid messaging; did Monsanto use geofencing to run ads on phones inside the courthouse itself? [Scott […]

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

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  • Oakland jury tells Monsanto to pay $2 billion over claim that Roundup caused non-Hodgkin’s lymphoma, though the consensus among scientists is that it doesn’t [Tina Bellon, Reuters, earlier] Both sides in glyphosate trial bombarded Bay Area residents with local paid messaging; did Monsanto use geofencing to run ads on phones inside the courthouse itself? [Scott Greenfield, ABA Journal] Was judge in previous Bay Area glyphosate case swayed by P.R. campaign aimed at her? [Daniel Fisher, Legal NewsLine]
  • “Police say Rodriguez was looking at her phone while walking across tracks” [AP/KOIN; Oregon woman suing rail companies over injury]
  • Liability reform in Florida, so often stymied in the past, may have clearer road ahead with arrival of new state high court majority [John Haughey, Florida Watchdog]
  • Not just mesh, either: “Top 5 Eyebrow-Raising Provisions in Mesh Attorneys’ Retainer Agreements” [Elizabeth Chamblee Burch]
  • What is a Maryland General Assembly session without a special fast-track bill to hot-wire money to the benefit of asbestos lawyer Peter Angelos? But this year’s ran aground [Josh Kurtz, Maryland Matters; John O’Brien, Legal NewsLine]
  • Car accident scam in eastern Connecticut reaped estimated $600,000 from as many as 50 staged crashes [AP/WTIC]
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    Liability roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2019/05/liability-roundup-54/feed/ 2     Environment roundup https://www.overlawyered.com/2019/03/environment-roundup-66/ https://www.overlawyered.com/2019/03/environment-roundup-66/#comments Mon, 04 Mar 2019 11:01:02 +0000 https://www.overlawyered.com/?p=72952 “Everything would be all renewable all the time if we could just pass the right laws.” The wishful underpinnings of the Green New Deal [Cato Daily Podcast with Caleb Brown and Regulation Magazine editor Peter Van Doren] “The U.S. rail system is optimized for freight, vs. European and Japanese systems that are optimized for passengers […]

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  • “Everything would be all renewable all the time if we could just pass the right laws.” The wishful underpinnings of the Green New Deal [Cato Daily Podcast with Caleb Brown and Regulation Magazine editor Peter Van Doren]
  • “The U.S. rail system is optimized for freight, vs. European and Japanese systems that are optimized for passengers (it is hard to do both well with the same network). The U.S. situation is actually better, much better, for energy conservation.” [Coyote]
  • Federalist Society discussions of climate litigation based on public nuisance theories: National Lawyers Convention panel with David Bookbinder, Eric Grant, James Huffman, Mark W. Smith, moderated by Hon. John K. Bush; “Originally Speaking” written debate with John Baker, Richard Faulk, Dan Lungren, Donald Kochan, Pat Parenteau, David Bookbinder; Boston Lawyers Chapter panel on municipal litigation with Steven Ferrey, Phil Goldberg, Donald Kochan, James R. May, Kenneth Reich] Climate nuisance suits have met with an unfriendly reception in American courts and there is no good rationale for filing copycat claims in Canada [Stewart Muir, Resource Works]
  • “Public Universities Exploit Eminent Domain Powers with Little Oversight” [Chris West, Martin Center]
  • Many pro-market reforms would reduce the risks to life and property from natural disasters, climate-related and otherwise [Chris Edwards, Cato]
  • “On patrol with the enforcer of DC’s plastic-straw ban” [Fenit Nirappil/AP via Peter Bonilla (“Welcome to the worst ride along ever”)]
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    Environment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2019/03/environment-roundup-66/feed/ 5     Green emergencies and grownups https://www.overlawyered.com/2019/02/green-emergencies-and-grownups/ https://www.overlawyered.com/2019/02/green-emergencies-and-grownups/#comments Sat, 09 Feb 2019 16:58:38 +0000 https://www.overlawyered.com/?p=73000 “An end to industrial civilization, but like in a totally pro-union way.” My two cents at Ricochet on the politics of this week’s “Green New Deal” boomlet, the land of pure imagination that exists beyond trade-offs, and the likelihood of universal high-speed rail’s getting even through its preliminary litigation stages, let alone built and operating, […]

    Green emergencies and grownups is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     “An end to industrial civilization, but like in a totally pro-union way.” My two cents at Ricochet on the politics of this week’s “Green New Deal” boomlet, the land of pure imagination that exists beyond trade-offs, and the likelihood of universal high-speed rail’s getting even through its preliminary litigation stages, let alone built and operating, within ten years.

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    Green emergencies and grownups is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2019/02/green-emergencies-and-grownups/feed/ 2     Environment roundup https://www.overlawyered.com/2018/06/environment-roundup-58/ https://www.overlawyered.com/2018/06/environment-roundup-58/#comments Tue, 12 Jun 2018 10:01:32 +0000 https://www.overlawyered.com/?p=70839 Organized efforts mount to blockade, shut down, and ban oil and gas infrastructure [David Roberts/Vox; Kevon Paynter] My two cents on Baltimore’s ban on new or expanded crude oil terminals, which follows moves against fuel infrastructure in Oakland and Portland [Free State Notes] Massachusetts judge approves “necessity defense” raised by protesters who blocked work on […]

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

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  • Organized efforts mount to blockade, shut down, and ban oil and gas infrastructure [David Roberts/Vox; Kevon Paynter] My two cents on Baltimore’s ban on new or expanded crude oil terminals, which follows moves against fuel infrastructure in Oakland and Portland [Free State Notes] Massachusetts judge approves “necessity defense” raised by protesters who blocked work on pipeline [Erin Mundahl, Inside Sources]
  • Related: calls to ban hydrocarbon (even gas) utility generation stir backlash among some Democrats [Amy Harder, Axios] And not illogically given the distributional effects [Ronald Bailey, Reason]
  • “$18 Billion Prize,” new stage play about Chevron/Ecuador case by Phelim McAleer and Jonathan Leaf, ruffles some Bay Area feathers [Daniel Kennard, National Review]
  • Questions about curious study of GMO safety [Dan Vergano, BuzzFeed]
  • “Creative Regulators and Environmental Protection,” Federalist Society panel video with C. Boyden Gray, Adam White, Robert Glicksman, Nathan Richardson, Caroline Cecot;
  • Europe optimizes its train system for passengers, while U.S. optimizes its for freight. Which is the greener choice? [Coyote]
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    Environment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2018/06/environment-roundup-58/feed/ 1     January 3 roundup https://www.overlawyered.com/2018/01/january-3-roundup-5/ https://www.overlawyered.com/2018/01/january-3-roundup-5/#comments Wed, 03 Jan 2018 11:03:46 +0000 https://www.overlawyered.com/?p=67936 California attorney known for suing bars over “ladies’ nights” sues comedian Iliza Shlesinger over “Girls Night In” show [Gene Maddaus, Variety] “Jury Rejects Damages for Victims of SWAT Raid Based on Wet Tea Leaves Cops Said Was Pot” [Jacob Sullum, Radley Balko, earlier here, here, and here] Before calling Star-Spangled Banner “ode to slavery,” newly […]

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  • California attorney known for suing bars over “ladies’ nights” sues comedian Iliza Shlesinger over “Girls Night In” show [Gene Maddaus, Variety]
  • “Jury Rejects Damages for Victims of SWAT Raid Based on Wet Tea Leaves Cops Said Was Pot” [Jacob Sullum, Radley Balko, earlier here, here, and here]
  • Before calling Star-Spangled Banner “ode to slavery,” newly inaugurated St. Paul mayor should have read my NR piece [Tad Vezner, Pioneer Press]
  • From Prof. Stephen Presser, ideas on reforming legal education [Law and Liberty]
  • Why administration’s appellate nominations tend to be all-of-a-piece while district court nominations are more a mixed bag [Jonathan Adler]
  • Some policy questions about last month’s Amtrak 501 wreck outside Seattle [Randal O’Toole, Cato and more]
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    January 3 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2018/01/january-3-roundup-5/feed/ 3     Liability roundup https://www.overlawyered.com/2017/10/liability-roundup-32/ https://www.overlawyered.com/2017/10/liability-roundup-32/#comments Mon, 02 Oct 2017 10:03:12 +0000 https://www.overlawyered.com/?p=66158 Multi-district litigation still a Wild West realm: “Lawyers for Civil Justice Urges Reform of MDL Procedures” [request for rulemaking via TortsProf] “Multidistrict Litigation Reform: The Case for Earlier Application of Federal Pleading Standards” [James Beck, WLF] Lawyer vs. lawyer: “Philadelphia Injury Firm Sues Morgan & Morgan for False Advertising” [P. J. D’Annunzio, The Legal Intelligencer] […]

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  • Multi-district litigation still a Wild West realm: “Lawyers for Civil Justice Urges Reform of MDL Procedures” [request for rulemaking via TortsProf] “Multidistrict Litigation Reform: The Case for Earlier Application of Federal Pleading Standards” [James Beck, WLF]
  • Lawyer vs. lawyer: “Philadelphia Injury Firm Sues Morgan & Morgan for False Advertising” [P. J. D’Annunzio, The Legal Intelligencer]
  • Trespasser injured climbing electrical tower loses suit against Metro-North railroad and utility [Robert Storace, Connecticut Law Tribune; Daniel Fisher, Legal NewsLine, earlier] “Ohl was walking along the train tracks with earbuds in on March 2”; family now suing CSX [Amanda C. Coyne, Atlanta Journal-Constitution]
  • “The U.S. Supreme Court Reins in Discovery Sanctions” [Phil Goldberg and Kathryn Constance, IADC]
  • Annual state lawsuit climate survey from U.S. Chamber is out; could be a “wake-up call” for Delaware, assumed to have pro-business courts [Zoe Read, Newsworks]
  • Boom in third-party litigation finance continues apace [Longford Capital]
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    Liability roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2017/10/liability-roundup-32/feed/ 10     Climbs commuter railroad tower, contacts high voltage lines https://www.overlawyered.com/2017/08/climbs-commuter-railroad-tower-contacts-high-voltage-lines/ Wed, 09 Aug 2017 04:10:40 +0000 https://www.overlawyered.com/?p=65724 “A trial is set to begin for a $20 million lawsuit against Metro-North Railroad by a man severely injured when he climbed a Metro-North tower in Connecticut and fell on electric wires that power the trains….Colon alleges Metro-North didn’t post adequate warning signs on the tower.” [AP/Fox61] Tags: personal responsibility, railroads

    Climbs commuter railroad tower, contacts high voltage lines is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     “A trial is set to begin for a $20 million lawsuit against Metro-North Railroad by a man severely injured when he climbed a Metro-North tower in Connecticut and fell on electric wires that power the trains….Colon alleges Metro-North didn’t post adequate warning signs on the tower.” [AP/Fox61]

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    Climbs commuter railroad tower, contacts high voltage lines is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>         “Engineer who fell asleep sues Metro-North over derailment” https://www.overlawyered.com/2017/01/engineer-fell-asleep-sues-metro-north-derailment/ https://www.overlawyered.com/2017/01/engineer-fell-asleep-sues-metro-north-derailment/#comments Sun, 15 Jan 2017 16:58:34 +0000 https://www.overlawyered.com/?p=62702 “An engineer who fell asleep at the controls of a Metro-North train and caused a derailment that killed four people in New York City sued the railroad… saying its negligence and carelessness led to the accident” [CBS News, Westchester County, N.Y. Journal News] Related: New York Post (he gets pension). Tags: personal responsibility, railroads, transit

    “Engineer who fell asleep sues Metro-North over derailment” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     “An engineer who fell asleep at the controls of a Metro-North train and caused a derailment that killed four people in New York City sued the railroad… saying its negligence and carelessness led to the accident” [CBS News, Westchester County, N.Y. Journal News] Related: New York Post (he gets pension).

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