Posts Tagged ‘roundups’

July 23 roundup

July 20 roundup

  • Despite seeming majority support in both houses, conference committee on the Hill drops protection against lawsuits for “John Does” who report suspicious security behavior to authorities [PowerLine, Malkin; see May 11, etc.]

  • U.K. town advises holders of allotment gardens: you could be liable if trespasser gets hurt vandalizing your trellises [Gloucestershire Echo; Cheltenham, Prestbury, etc.]

  • School groundskeeper fired for illiteracy sues under ADA; suit’s future may depend on whether he can allege underlying predisposition such as dyslexia [St. Louis Post-Dispatch, StLRecruiting]

  • Large Pakistan bank should pay for my husband’s murder, says Mariane Pearl in lawsuit [NYSun]

  • Tell it to the EEOC, bud: Pennsylvania survey of law firm “diversity” finds plaintiff’s firms lag well behind their business/defense counterparts when it comes to hiring minorities [Legal Intelligencer first and second pieces]

  • Spare a tear for Gov. Spitzer, never realized public life would be such a rough and tumble affair [Kirkendall]

  • Trail of bogus auto accidents and “runners” leads to West Orange, N.J. lawyer and his law firm, say prosecutors [NJLJ; related New Jersey report on insurance fraud, PDF]

  • I’m interviewed re: the Giuliani announcement [Paul Mirengoff @ PowerLine] and publicity in National Journal is nice too [Blog-O-Meter]

  • Two Australian grave owners sue for damages over loss of feng shui [Melbourne Age]

  • You have to let me use your bathroom, I’ve got a note from my doctor [Robert Guest on Texas legislation]

  • New at Point of Law: University of Alberta lawprof Moin Yahya is guestblogging this week on Conrad Black trial, extraterritoriality, antitrust, etc.

  • Quadriplegic sues Florida strip club under ADA because its lap dance room not wheelchair accessible [five years ago on Overlawyered]


  • Reversing course, Rhode Island attorney general drops rape charge based on 32-year-old “repressed memory”, thus disappointing some advocates [Volokh; Jul. 10]

  • Massachusetts disciplinary panel files misconduct charges against Judge Ernest Murphy over the “bring me a check and keep quiet” surrender-Dorothy letter he sent to Boston Herald publisher during his (successful) libel suit [Ambrogi; Dec. 23, 2005, May 11, 2007, etc.]

  • California jury rejects tippling speeder’s lawsuit against landowner, automaker, town, etc. in the case we headlined “Shouldn’t Have Put Its Berm Where He Wanted To Skid” [Dec. 24, 2005; Douglas Domel v. DaimlerChrysler Corp., City of Santa Clarita, and Does 1 to 50, inclusive (PC030045Y), L.A. Superior Court, L.A. Daily Journal, no free link]

  • Nominal damages only against German teens accused of scaring ostrich into impotence [UPI/ScienceDaily; Mar. 6]

  • Dubious bill authorizing lawsuits against OPEC may be headed to President’s desk [W$J/CattleNetwork; Jun. 8]

  • Jury convicts press baron Conrad Black on four counts, acquits on nine [Telegraph; Kirkendall, Bainbridge, Ribstein; Mar. 19, Jun. 5]

  • Michigan Supreme Court reinstates reprimand against Geoffrey Fieger over abusive language [NLJ; Jul. 3, Aug. 2, 2006, etc.]

July 9 roundup

  • Judge Ramos disallows settlement of Citigroup directors derivative suit: deal had met defendants’ needs, plaintiff’s lawyers’ too, but not shareholders’ [PDF of decision courtesy NY Lawyer]

  • Drove a golf cart into the path of his car as it was being repossessed, jury decides he deserves $56,837 [MC Record]

  • Per ACOG, 92 percent of NY ob/gyns say they’ve been sued at least once [NY Post edit; more]

  • New British online-gambling law could trip up some virtual-world/massively multiplayer online games []

  • Good news for bloggers: Iowa-based site can’t be sued in New York just because it answered questions from NY reader and accepted NY donations [Best Van Lines v. Walker, Second Circuit; McLaughlin]

  • Another great idea from Public Citizen: let’s not use new drugs till they’ve been on the market for seven years [Pharmalot via KevinMD]

  • After conviction of Mississippi trial lawyer Paul Minor in judicial corruption scandal, squabbling drags on over sentencing [Jackson Clarion-Ledger]

  • Conservative public interest law firms “can win some big cases [but] are notorious for lacking follow-through” [Tushnet, L.A. Times]

  • Contestants in Australian business dispute probably wound up spending more on the litigation than had been at stake in the first place [Sydney Morning Herald]

  • New at Point of Law: New Hampshire governor vetoes trial lawyers’ bill; global warming litigation to be bigger than tobacco?; the Times notices HIPAA;

  • It’s my emotional-support dog, and my lawyer says you have to let it into your store [eight years ago on Overlawyered, before these stories started getting common]

July 8 roundup

  • RIP, Ladies Nights in Denver [Denver Westword; earlier Feb. 12; earlier i in California: Jun. 7, Aug. 19, Aug. 2003; and New Jersey, Jun. 2004]

  • “A cop sues McDonalds because of the slimy stuff a couple of teens put in his sandwich. His biggest problem may be that he didn’t even take a bite” [Turkewitz]
  • Montana Supreme Court: hunter can’t blame state for being attacked by bear [On Point]
  • Don’t: provide your criminal client with means to escape [Fulton County Daily Report]; alter documents responsive to discovery requests [The Recorder]; hide evidence in multi-billion dollar insurance litigation [NY Sun via Lattman]; or videotape your fellow lawyers changing clothes [ATL].

  • Reason #473 why I live in Virginia instead of DC: DC police catch two in middle of attempted burglary, just after being released from prison, decide to let them go because they can’t figure out what to charge them with. Good thing residents aren’t allowed to own guns to defend themselves, right? [PTN]

July 6 roundup

  • How to handle illegal alien’s slip-fall suit against supermarket? With some delicacy: jury told only that plaintiff “couldn’t legally work in this country” [Oroville, Calif., Mercury-Register]

  • Sorry, docs: “I hate doctors” beats out “I hate lawyers” as a Google search result [Bioethics Discussion Blog via KevinMD]

  • Virginia adopts harrowingly punitive schedule of traffic fines. Its sponsor: lawmaker whose day job is defending motorists [Washington Post; NRO “The Corner”; Ribstein; our earlier report]

  • A businessman in London is suing Google for “publishing” (by indexing) allegedly defamatory material, and, boy, will the Internet ever be a different place if he wins [Independent (U.K.), Volokh]

  • Federal indictment charges Houston injury lawyer secretly paid $3 million to two Hartford Insurance claims adjusters in connection with $34 million in silicosis settlements [PoL]

  • Mississippi high court rules invalid former AG Mike Moore’s slush-fund diversion of $20 million/year in tobacco settlement money to evade legislative oversight [Sun-Herald, Bader; also this PoL roundup]

  • More RIAA-suit horrors, this time from Washington state [Seattle P-I] Prospects for a counterattack? [Pasquale, Concurring Opinions]

  • California Assembly votes to require pet owners to sterilize mixed-breed dogs and cats, while UK animal rights authority mulls rights for invertebrates [Mangu-Ward and Bailey, Reason]

  • Here come the tainted-Chinese-export suits, with many American defendants on the hook [Parloff, Fortune] Plus: car with the “E COLI” license plate may be driving lawyer to work [WSJ Law Blog]

  • Gimme those antiquities: Peru vs. Yale on Machu Picchu relics [Zincavage]

  • Dick Schaap med-mal case evokes shifting theories from celebrated lawyer Tom Moore [two years ago at Overlawyered]

Updates – June 20

Updating a few earlier stories we’ve discussed here…

  • Two weeks ago we noted that a new online attorney rating site,, was being threatened with a lawsuit by John Henry Browne, a disgruntled Seattle criminal defense attorney. (Jun. 10). Well, whatever the merits or weaknesses of Browne as an attorney, one thing you can say about him is that he doesn’t make idle threats; last week, he filed suit against Avvo. The suit, designated a class action, contends that Avvo’s ratings are flawed. From all accounts, that’s almost certainly true, but as I mentioned in my previous post, it’s not clear that this presents a valid cause of action; Avvo is entitled to rank lawyers differently than John Henry Browne wants them to. In an attempt to get around this problem, the complaint trots out various “consumer protection” arguments using notoriously vague and broad statutes that don’t require that the plaintiffs identify any consumers who have been harmed. (Illustrating perfectly the phenomenon Ted discussed on Jun. 18).

    Oh yes, and Browne also claims in the complaint that “at least two clients” of his fired him (in less than a week!) because of his “average” rating on Avvo. Let’s just say I’m rather skeptical of Mr. Browne’s ability to prove such a claim.

    The law firm handling this class action case? Overlawyered multiple repeat offender Hagens Berman. (Many links.)

  • Remember that lawsuit where Illinois Chief Justice Robert Thomas sued the Kane County Chronicle for defamation? (Apr. 2, Nov. 2006) Well, when last we heard, the libel award — originally an absurd $7 million — had been reduced to $4 million by the trial judge. Not surprisingly, the Chronicle still is unsatisfied, and does not feel it can get a fair shake from the very Illinois court system headed by Thomas; it has now filed a federal lawsuit claiming its constitutional rights have been violated. Named in the suit are Thomas, the trial judge who heard the case, and the rest of Thomas’s colleagues on the state Supreme Court.
  • Kellogg’s bows to threats of frivolous litigation coming from the Center for “Science” in the “Public Interest”; agrees to limit advertising of its cereals to children.

    Of course, this is portrayed as an issue of advertising, but as Michael Jacobson of CSPI admits, this litigation strategy is simply an attempt to drive products he disapproves of from the market. And now that Kellogg’s has capitulated, certain politicians are trying to force other companies to do the same.

    Originally: Jan. 2006.

  • We had previously reported (May 17) that the unfair competition lawsuit between Equal and Splenda had settled. Turns out that the two sides are still fighting, with each side accusing the other of reneging on the deal. (LI)

New at Point of Law

If you’re not reading our sister site, you’re missing posts about federal indictments in the Ky. fen-phen scandal; great moments in labor arbitration; a big embarrassment (and maybe even liability?) for Yale Law School; more cosmetics from John Edwards on med-mal; New Jersey and Missouri high courts rule against lead-paint nuisance suits; federal judge refers for possible prosecution criminal contempt charges against Pascagoula potentate Dickie Scruggs; lots of Stoneridge coverage; and much more.

June 14 roundup

  • Encouraging kids’ adoption is a great thing to do, but there are right and wrong ways of going about it [U.K. Daily Mail]

  • Defensive medical testing: “Every day I work as a doctor, I must choose between committing malpractice and committing insurance fraud.” [Dr. Paula Hartzell in Medical Economics]

  • After serving 2+ years for consensual sex with fellow teen, Genarlow Wilson (Feb. 8, Mar. 6) may walk free, or maybe not [CNN; views of some Andrew Sullivan readers]

  • “We need to eliminate nuisance lawsuits through ‘loser-pays’ provisions.” [candidate Giuliani @ NRO]

  • Boston Herald (May 11, etc.) pays $3.4 million to local judge to settle libel verdict [Globe]

  • Blind squirrel finds acorn dept.: American Prospect weblog promotes a good idea, abolishing peremptory challenges [Tapped; more]

  • Disciplinary hearing begins against Duke DA Nifong []; you’d think lacrosse player’s out-of-town alibi might have raised a red flag [K. C. Johnson via Cernovich]

  • Another flap, this time from Oklahoma, about a doc who vows to turn away malpractice-suit advocates as patients [Enid News & Eagle via KevinMD]

  • No shock, Sherlock: mud-slinging, money-flinging found to be big problems in state high court races [AP]

  • In that curious saga of Madison County, Ill.’s oft-suing Peach family (earlier posts here and here) Armettia Peach has settled her leaky-roof case against Granite City [M. C. Record]

  • New York “plastic surgery addict” loses case claiming doctor should have counseled her against going under the knife so often [six years ago on Overlawyered]

June 11 roundup

Updating earlier stories:

  • The Judge Pearson consumer fraud suit starts today. It’s exceedingly silly, but ATLA’s attack on Judge Pearson is hypocritical: the only difference between this consumer fraud suit and the consumer fraud suits ATLA supports is that it’s an African-American pro se going against a shallow pocket instead of a well-funded bunch of millionaires going against a deep pocket. The Fisher blog @ WaPo notes a publicity-stunt settlement offer. [via TaxProf blog]
  • Wesley Snipes playing the race card in his tax evasion prosecution would have more resonance if his white co-defendant weren’t still in jail while he’s out on bail. [Tax Prof; earlier, Nov. 22]
  • “Party mom host set for Virginia jail term” for daring to ensure high school students didn’t drink and drive by providing a safe haven for underage drinking. Earlier: June 2005. [WaPo]
  • Sorry, schadenfreude fans: Fred Baron settles with Baron & Budd. [Texas Lawyer; earlier Sep. 4]
  • Blackmail-through-civil discovery lawyer Ted Roberts (Mar. 19 and links therein) seeks new trial. [Texas Lawyer]
  • Second Circuit doesn’t quite yet decide Ehrenfeld v. Bin Mahfouz libel tourism suit (Oct. 2003). [Bashman roundup of links]
  • NFL drops claims to trademarking “The Big Game” as a euphemism for the trademarked “Super Bowl” (Jan. 31) [Lattman]
  • More on the Supreme Court’s “fake mental retardation to get out of the death penalty” decision, Atkins v. Virginia (Feb. 2005; Sep. 2003). [LA Times]
  • What does Overlawyered favorite Rex deGeorge (Sep. 2004) have to do with The Apprentice? [Real Estalker]