Posts Tagged ‘roundups’


Recent developments on past stories:

* Remember Shannon Peterson, the Denver condo owner who got sued by a neighbor who complained that she was taking baths too early? (Feb. 27). The case is still dragging on the better part of a year later, a judge having refused so far to throw it out. David Giacalone has the details (Nov. 30).

* Glamourpuss lawsuit-chaser Erin Brockovich, fresh from the humiliating dismissal (Nov. 18) of suits she fronted against California hospitals alleging Medicare overbilling, has been rebuffed in another high-profile case. This time a judge has dismissed twelve lawsuits brought by her law firm of Masry & Vititoe alleging that exposure to oil rigs at Beverly Hills High School caused cancer among students there (Martha Groves and Jessica Garrison, “School oil-rig lawsuits dismissed”, Los Angeles Times, Nov. 23) (via Nordberg who got it from Legal Reader). For more on the case, see Jul. 15 and Nov. 19, 2003, and Mar. 16, 2004. The New Republic has marked the occasion by reprinting its revealing 2003 article on the affair by Eric Umansky. P.S. More from Umansky, who has his own blog, here.

* Reader E.B. writes in to say:

Remember the group of parents (Oct. 23) who threatened litigation over their daughters’ playing time on the girl’s basketball team? The ones who demanded a six-person panel to oversee the selection of the players?

None of the parents’ daughters made the team. And they’re not happy about it. See C.W. Nevius, “Castro Valley hoops coach can’t win”, San Francisco Chronicle, Nov. 30.

* A court has dismissed the action (Aug. 10, 2005; Feb. 9, Feb. 20, Mar. 6, Jun. 28, 2006) by fair housing activists against Craigslist over user ads that expressed improper preferences or mentioned forbidden categories in soliciting tenants, apartment-sharers and so forth. (Anne Broache, “Craigslist wins housing ad dispute”, CNet, Nov. 17). However, blawger David Fish says the court’s reasoning was highly unfavorable to many other Internet companies generally, and may expose them to future liabilities (Nov. 15). Craigslist now has an elaborate page warning users that it is unlawful for them to post preferences, etc. in most situations not involving shared living space. Update: David Fish’s name corrected, apologies for earlier error.

* 3 pm update to the updates from Ted: “An Illinois intermediate appellate court overturned the $27 million verdict in Mikolajczyk v. Ford (which we reported on last year), ordering the lower court to replace the arbitrary jury verdict with a lower arbitrary number. Why the jury’s damage award is considered the product of passion and prejudice, but the same jury’s liability award is kosher, remains unclear. (Steve Patterson, “Court says $27 million crash award too much”, Chicago Sun-Times, Nov. 23).”

November 29 roundup

November 22 roundup

  • $15M to family of Oklahoma driver who flipped his car when taking a 30 mph curve at 67 mph and passing a car in a no-pass zone. [Point of Law]
  • “Jungle Democracy’s appeal is as unintelligible as its complaint and also states no grounds for relief.” [Jungle Democracy v. USA (10th Cir.) (McConnell, J.) via Bashman]
  • Reform coming to New York justice courts (POL Sep. 25). [NYT]
  • Judge Boggs gets it right at Federalist Society conference: judicial independence is a means, not an end. [Above the Law]
  • Speaking of the Federalist Society, Justice Alito gave an entertaining speech. [C-SPAN (Real Media)]
  • “Among those swept up under [Georgia’s] definition of sex offender are a … mother of five who was convicted of being a party to a crime of statutory rape because, her indictment alleged, she did not do enough to stop her 15-year-old daughter’s sexual activity.” [WaPo via Tabarrok]
  • Signs of a lack of remorse: “In a follow-up e-mail, [Wesley] Snipes directed me to a Web site that praised him for not paying income taxes under the theory that careful reading of the tax codes suggests that only foreign-based income is taxed.” [Orlando Sentinel via TaxProf Blog via Lat; see also ancient Usenet post—I still haven’t fully learned not to argue with idiots]
  • Betcha you didn’t know that using the n-word was morally equivalent to killing two people and seeking to profit from it, but if you cut Michael Richards more slack than OJ Simpson, LA Times columnist thinks it’s because you’re racist. [Kaplan @ LA Times]

November 21 roundup

  • Today at AEI: Panel (and webcast) on Massachusetts v. EPA Supreme Court argument on carbon dioxide regulation. [AEI]
  • Paulson to Economic Club of New York: “Legal reform is crucial to the long-term competitiveness of our economy.” [Paulson; WSJ; WaPo; NYT; American]
  • One who reposts on Internet allegedly libelous news article immune from liability in California. One hopes this deters a certain attorney complaining about a six-year-old Overlawyered post recounting a 2000 LA Times article. [Point of Law; Volokh]
  • It’s an obvious point, but many judges simply refuse to acknowledge it in failure-to-warn litigation: overwarning can be counterproductive. [WaPo]
  • Congress holds that Psalms 37:21 trumps Leviticus 27:30; Senator Obama objects. [WaPo]
  • Russia: woman successfully sues Coca-Cola for causing gastrointestinal distress. [Kevin M.D.]
  • More on breast implants. [Bernstein @ Volokh]
  • More on the New Zealand no-fault med-mal system. [Point of Law]
  • Posner on Friedman. [Posner]
  • John Edwards seeks to cut in front of line to purchase Playstation 3 at Wal-Mart. Which of the Two Americas is that again? [Taylor @ Reason via Kirkendall]

November 19 roundup

  • By popular demand: Alexis Brennan gives hot chocolate to daughter in carseat, little girl spills drink and burns herself after mom drives away, mom sues Starbucks; press mentions one hot coffee case where plaintiff won, and none of the dozen-plus where plaintiffs had claims thrown out. (This case is distinguishable from the McDonald’s coffee case if the mother’s claim that she specifically asked for a low-temperature drink holds up.) [Indianapolis Star; WRTV]
  • Former placekicker and current Illinois Supreme Court Justice Robert Thomas wins $7 million libel judgment from newspaper that dared to criticize him. Newspaper unable to defend truth of its reporting, because its discovery requests were blocked by claims of “judicial privilege.” [Lattman; Bashman]
  • Copyright trolls inhibit hip-hop music. Is that a bug or a feature? [Tim Wu @ Slate]
  • Judge to class action plaintiffs: tell me about your dealings with Milberg. [Point of Law]
  • “Plaintiff draws $1.26M penalty. Judge sends developer message: ‘Scorched-earth litigation’ will cost you.” [Knoxville News]
  • Second Circuit: Illegal aliens may sue for wages at U.S. levels. [Madeira v. Affordable Housing Foundation; New York Sun; both via Bashman]
  • UK Guy Fawkes crowd forced to resort to “virtual bonfire” because of liability fears over real one. [Evening Standard; apologies for losing the hat-tip]
  • Burlington Northern & Santa Fe to artists: don’t paint paintings of our trains or else. [CL&P Blog]
  • Borat update: “One immediate handicap the two fraternity brothers bring to this legal battle is an inability to find a lawyer who knows how to spell ‘aisle.'” [Slate]
  • ATLA on the offense in the new Congress, but their fifth Congressional target, Heather Wilson, held on to her seat against AG Patricia Madrid (Sep. 13). [Point of Law; Albuquerque Tribune]
  • Reliving deregulation debates. [Wallison @ AEI]
  • Inconsistent Internet gambling ban violates existing treaty, may result in trade sanctions; Congress must now decide whether to annoy anti-gambling Puritans, American IP content providers, or horse-racing and lottery industry. [Slate]
  • Roundup of links on new UK law on derivative suits. [Point of Law]
  • World ends: minorities and women hardest hit, as applied to noneconomic damages. [Point of Law; Roth CPA]

November 14 roundup

  • Plaintiffs’ lawyers and Clinton appointee damage, almost kill the entire pension system. [Point of Law] Earlier: POL Aug. 8.
  • Another view of the elections on liability reform. [National Law Journal]
  • Second verse, same as the first: illegitimate Wal-Mart class action (Jul. 22, 2004 and links therein) being repeated against Costco, presumably other retailers to follow. [Point of Law; Wall Street Journal]
  • “I can see why, if you’re sitting in a roomful of lawyers, you might come to that conclusion. But no one outside of that room would say: ‘Hey, that’s a good idea. Let’s sue Daniel Moore.’” U of Alabama sues locally famous artist and alum for using school colors in painting famous Alabama football moments. [NYT; Lattman]
  • Roundup of links as Illinois Justice Bob Thomas’s attempt to squelch public criticism goes to the jury. [Bashman]
  • Silver v. Frank, Round III. [Point of Law]
  • Ninth Circuit illegitimately overturns another death sentence; Supreme Court reverses for the second time. [Ayers v. Belmontes; SCOTUSblog; Daily Pundit; NY Times; WaPo]
  • Chief Roberts on Nightline. [ABC News; Prawfsblawg via Bashman]
  • Sam Peltzman interviewed on podcast. [Econtalk]

November 12 roundup

  • “[W]e can’t develop good drugs … if after the fact somebody comes in and makes a false claim of credit.” Genentech beats Niro firm (Jul. 21) in billion-dollar patent case. [Legal Intelligencer]
  • Excellent new blog on science evidence issues. [Science Evidence; Point of Law]
  • Easterbrook: mandating software be free is not “price fixing” injurious to consumers. Duh. [Seventh Circuit via Bashman; see also Heidi Bond via Baude]
  • Missouri high court upholds reform law barring some types of dramshop liability against equal protection challenge. [Snodgras v. Huck’s; AP/Columbia Daily Tribune]
  • Insurance company profits: the complete story. [Grace]
  • I address Hyman & Silver’s latest paper on medical malpractice. [Point of Law]
  • Seattle cop spends $10,000 of taxpayer money on lap dances in unsuccessful officially-authorized quest for prostitution violations. [Seattle Times]
  • Peter Lattman discovers Willie Gary’s website. Overlawyered readers were there two years ago. Gary himself is being hoisted by a litigation and advertising petard. [WSJ Law Blog; Fulton County Daily Report]
  • Andy Griffith sues Andy Griffith for use of Andy Griffith name. [AP/CNN]
  • The $2.1 million deposition. [Above the Law; Kirkendall; New York Times]
  • Scalia and Man at Yale. [Above the Law; Yale Daily News; Krishnamurthy via Bashman]
  • Wallison: Deregulation works. [AEI]
  • Must-read: An agenda for the Bush White House in the Democratic 110th Congress. [Frum @ WSJ @ AEI]
  • Clegg: Learn from the Michigan Civil Rights Initiative. [NRO]
  • Krauthammer points out that both parties have moved right this election. [WaPo]
  • Will: “About $2.6 billion was spent on the 468 House and Senate races. (Scandalized? Don’t be. Americans spend that much on chocolate every two months.)” [WaPo]
  • At least we’re not Iran: sex video has criminal consequences there. [Daily Mail]

November 8 roundup

  • Post-election roundup from me and Walter. [Point of Law]
  • Black helicopter crowd calls 90-10 Amendment E (Oct. 27) loss a fraudulent conspiracy. [Lattman]
  • University of Michigan seeks to engage in frivolous litigation to strike down measure barring racial preferences. [Bernstein @ Volokh]
  • Patron drinks, dances on bar, sues bar when she falls down. [Above the Law; Lattman; TortsProf]
  • Can KFed use custody battle to renegotiate “ironclad” prenup? (NB that, unless prenup says otherwise, Britney Spears may be required to spring for Federline’s attorneys.) [TMZ via Defamer]
  • Speaking of which, here’s a divorce case with a legal bill of $3M and counting. [Forbes]
  • The litigious Michael Crook, unhappy that others are posting screen-caps of his mug. [Boing Boing]
  • “Sometimes patients and their families DON’T want to hear good news.” A tale of a Social Security disability seeker. [Rangel]

November 7 roundup

  • My informal debate with Professor Silver over the effect of reform on physician supply continues. [Point of Law; Silver]
  • If you’ve been intrigued by Professor E. Volokh’s idea of medical self-defense (and thus payment for organs) as a constitutional right, he’ll be discussing it with Richard Epstein and Jeffrey Rosen at AEI. [Volokh; Harvard Law Review @ SSRN; AEI]
  • Peter Wallison on how over-regulation and over-litigation is killing American competitiveness in the capital markets. [Wall Street Journal @ AEI]
  • Press coverage is finally starting to break through in the Milberg Weiss scandal with a lengthy Fortune profile. [Point of Law]
  • Economists and scholars file Supreme Court amicus brief calling for federal preemption of state “anti-predatory lending laws” in important Watters v. Wachovia case. [Zywicki @ Volokh; CEI]
  • One-sided coverage by the New York Times on the issue of web accessibility for the blind. Earlier: Oct. 27; Feb. 8. [New York Times]
  • Deep Pocket Files update: MADD tries to intervene in stadium vendor case where appellate court tossed $105 million verdict because of unfair trial. See Aug. 4 and links therein. [New Jersey Law Journal]
  • Lawsuit: my dead father’s baseball card mischaracterizes his nickname. [Lattman]
  • Lawsuit: I have legal right to the letter W. [Times Record News via Bashman]
  • Samuel Abady and Harvey Silverglate on libel tourism. [Boston Globe via Bashman]
  • Another roundup of Justice Robert Thomas libel lawsuit stories. [Bashman]
  • $15M Minnesota verdict blaming a delayed delivery for cerebral palsy, despite evidence it was caused by an unrelated infection. [Pioneer Press]

November 6 roundup

  • Election day is tomorrow; the roundtable is still going on our sister website. [Point of Law]
  • One reason the election is important: judicial nominations. Bill Clinton appointed 378 judges; Bush, in six years, 266, with 45 vacancies. [National Law Journal]
  • Update: Illinois appellate court rejects Judge Maag’s $110M libel suit. (Earlier: Dec. 23, 2004 and links therein.) [Bashman]
  • Does Professor Charles Silver’s single-variable time series on Texas doctor supply tell us anything about reform, as he claims? Did doctors push reform down the throats of an “anonymous and dispersed” group? I argue no. [Point of Law; Silver @ Bizarro-Overlawyered]
  • Professor Paul Horwitz questions the convenience of the death-bed statements of the decedent in Williams v. Philip Morris. [PrawfsBlawg]
  • More threatened Borat-related litigation (Nov. 29) from Mahir “I kiss you” Cagri and from Gypsies. The latter is resulting in film censorship in Germany. [Wired; Sydney Morning Herald]
  • “We live in a very litigious society; it makes it more difficult for a physician to be a good Samaritan.” [MetroWest Daily News via Kevin MD]
  • Add Art Bell to the list of people threatening to sue bloggers. [Workbench]
  • Twenty years of Scalia. [Weekly Standard]