skiing – Overlawyered https://www.overlawyered.com/ Chronicling the high cost of our legal system Fri, 08 Mar 2019 19:22:39 +0000 en-US hourly 1 Liability roundup https://www.overlawyered.com/2019/03/liability-roundup-52/ https://www.overlawyered.com/2019/03/liability-roundup-52/#comments Fri, 08 Mar 2019 10:59:16 +0000 https://www.overlawyered.com/?p=72998 “Firings and lawsuits follow discovery of secret bugging devices at law firm; ‘It’s very John Grisham'” [Palm Beach County, Fla.; Debra Cassens Weiss, ABA Journal] Save on lawyers’ fees, get to trial faster: “If I were able to do something unilaterally, I would probably institute a new federal rule that said that all cases worth […]

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

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  • “Firings and lawsuits follow discovery of secret bugging devices at law firm; ‘It’s very John Grisham'” [Palm Beach County, Fla.; Debra Cassens Weiss, ABA Journal]
  • Save on lawyers’ fees, get to trial faster: “If I were able to do something unilaterally, I would probably institute a new federal rule that said that all cases worth less than $500,000 will be tried without any discovery.” [Judge Thomas Hardiman, echoed by Judge Amul Thapar, at Federalist Society National Lawyers Convention panel; David Lat, ABA Journal]
  • “Austria: Farmer liable for hiker trampled to death by cow” [Elizabeth Schumacher, Deutsche Welle]
  • “Cloned” discovery: the “name derives from the fact that the plaintiffs are attempting to clone the discovery taken by others in unrelated cases.” Courts should resist [James Beck]
  • “Minnesota Supreme Court: No Primary Assumption of Risk in Skiing, Snowboarding” [Stephanie K. Jones, Insurance Journal]
  • Missouri lawmakers seek to limit forum-shopping by out-of-state litigants seeking plaintiff-friendly St. Louis courts [Brian Brueggemann, St. Louis Record]
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    Liability roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2019/03/liability-roundup-52/feed/ 3     “Ski resorts have no liability for avalanches, Colorado Supreme Court rules” https://www.overlawyered.com/2016/06/ski-resorts-no-liability-avalanches-colorado-supreme-court-rules/ https://www.overlawyered.com/2016/06/ski-resorts-no-liability-avalanches-colorado-supreme-court-rules/#comments Wed, 08 Jun 2016 04:15:01 +0000 http://overlawyered.com/?p=59566 “Ski resorts in Colorado are protected from liability for avalanches because they are an inherent risk of skiing, the Colorado Supreme Court ruled on Tuesday.” [ABA Journal] Tags: assumption of risk, Colorado, skiing

    “Ski resorts have no liability for avalanches, Colorado Supreme Court rules” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     “Ski resorts in Colorado are protected from liability for avalanches because they are an inherent risk of skiing, the Colorado Supreme Court ruled on Tuesday.” [ABA Journal]

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    “Ski resorts have no liability for avalanches, Colorado Supreme Court rules” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2016/06/ski-resorts-no-liability-avalanches-colorado-supreme-court-rules/feed/ 1     Claim: resort’s ban on snowboards violates constitutional rights https://www.overlawyered.com/2014/01/claim-resorts-ban-snowboards-violates-constitutional-rights/ https://www.overlawyered.com/2014/01/claim-resorts-ban-snowboards-violates-constitutional-rights/#comments Mon, 20 Jan 2014 18:07:18 +0000 http://overlawyered.com/?p=43541 “A group of snowboarders is suing Alta ski resort, claiming its no-snowboards policy violates their constitutional rights. ‘Alta’s snowboarding prohibition was initiated as a result of animus … towards the type of people they believed to be “snowboarders,”‘ claims the lawsuit, filed Wednesday in federal court.” Alta, unlike other ski resorts to ban snowboarding, is […]

    Claim: resort’s ban on snowboards violates constitutional rights is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     “A group of snowboarders is suing Alta ski resort, claiming its no-snowboards policy violates their constitutional rights. ‘Alta’s snowboarding prohibition was initiated as a result of animus … towards the type of people they believed to be “snowboarders,”‘ claims the lawsuit, filed Wednesday in federal court.” Alta, unlike other ski resorts to ban snowboarding, is on public land. [Salt Lake Tribune, AP]

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    Claim: resort’s ban on snowboards violates constitutional rights is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2014/01/claim-resorts-ban-snowboards-violates-constitutional-rights/feed/ 6     “Not every human problem deserves a law” https://www.overlawyered.com/2011/09/not-every-human-problem-deserves-a-law/ https://www.overlawyered.com/2011/09/not-every-human-problem-deserves-a-law/#comments Thu, 08 Sep 2011 05:36:40 +0000 http://overlawyered.com/?p=24467 A veto message from Democratic Gov. Jerry Brown, after the California legislature passed a bill imposing a fine on children or their parents or guardians for skiing or snowboarding without a helmet: “While I appreciate the value of wearing a ski helmet,” wrote the governor, “I am concerned about the continuing and seemingly inexorable transfer […]

    “Not every human problem deserves a law” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     A veto message from Democratic Gov. Jerry Brown, after the California legislature passed a bill imposing a fine on children or their parents or guardians for skiing or snowboarding without a helmet: “While I appreciate the value of wearing a ski helmet,” wrote the governor, “I am concerned about the continuing and seemingly inexorable transfer of authority from parents to the state.” [John Myers, KQED; text of veto message]

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    “Not every human problem deserves a law” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2011/09/not-every-human-problem-deserves-a-law/feed/ 7     Swiss sledders, skiers seldom sue https://www.overlawyered.com/2011/03/swiss-sledders-skiers-seldom-sue/ https://www.overlawyered.com/2011/03/swiss-sledders-skiers-seldom-sue/#comments Wed, 09 Mar 2011 12:33:51 +0000 http://overlawyered.com/?p=21860 “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 […]

    Swiss sledders, skiers seldom sue is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     “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).

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    Swiss sledders, skiers seldom sue is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2011/03/swiss-sledders-skiers-seldom-sue/feed/ 5     Setback for a “Ladies’ Day” suit https://www.overlawyered.com/2009/08/setback-for-a-ladies-day-suit/ Thu, 06 Aug 2009 20:54:57 +0000 http://overlawyered.com/?p=13067 Serial suit-filer Alfred Rava wanted to use his lawsuit against Bear Valley Ski Resort over a “Ladies’ Day” promotion as the basis for a class action, but a judge ruled that he’s not entitled to do that, because California’s Unruh Act already provides for him to get a $4,000 payday with no need to show […]

    Setback for a “Ladies’ Day” suit is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     Serial suit-filer Alfred Rava wanted to use his lawsuit against Bear Valley Ski Resort over a “Ladies’ Day” promotion as the basis for a class action, but a judge ruled that he’s not entitled to do that, because California’s Unruh Act already provides for him to get a $4,000 payday with no need to show injury:

    “Assuming plaintiff succeeds on the merits, Bear Valley Ski Resort would be liable for mandatory statutory penalties of $4,000 X 995 putative class members,” [Los Angeles County Superior Court Judge Anthony] Mohr wrote. “The product of $3,980,000 constitutes a draconian sum that would strip Bear Valley of its assets.”

    [Cal Law “Legal Pad” via Cal Biz Lit, court order in PDF]

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    Setback for a “Ladies’ Day” suit is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>         “Expert Skier Assumed Risk of Injury, N.Y. Court Finds in Barring Suit” https://www.overlawyered.com/2009/05/expert-skier-assumed-risk-of-injury-ny-court-finds-in-barring-suit/ Thu, 28 May 2009 23:51:28 +0000 http://overlawyered.com/?p=11421 Say not that the assumption-of-risk doctrine is defunct: “As a self-described expert skier with 13 years’ experience, Brian W. Martin, 17, was well aware of the risks associated with rail sliding and had acknowledged falling before while attempting to execute a rail maneuver, an Appellate Division, 3rd Department, panel ruled last week in Martin v. […]

    “Expert Skier Assumed Risk of Injury, N.Y. Court Finds in Barring Suit” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     Say not that the assumption-of-risk doctrine is defunct: “As a self-described expert skier with 13 years’ experience, Brian W. Martin, 17, was well aware of the risks associated with rail sliding and had acknowledged falling before while attempting to execute a rail maneuver, an Appellate Division, 3rd Department, panel ruled last week in Martin v. State of New York, 505999.” [NYLJ]

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    “Expert Skier Assumed Risk of Injury, N.Y. Court Finds in Barring Suit” is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>         Update: Suit against 8 year old skier settled https://www.overlawyered.com/2008/08/update-suit-against-8-year-old-skier-settled/ Mon, 04 Aug 2008 00:10:00 +0000 http://overlawyered.com/?p=7364 The boy’s parents, Robb and Susan Swimm of Colorado, have agreed to a $25,000 settlement. (Matthew Heller, On Point News, Jul. 22). Earlier: Dec. 28, Jan. 3. Tags: Colorado, skiing

    Update: Suit against 8 year old skier settled is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     The boy’s parents, Robb and Susan Swimm of Colorado, have agreed to a $25,000 settlement. (Matthew Heller, On Point News, Jul. 22). Earlier: Dec. 28, Jan. 3.

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    Update: Suit against 8 year old skier settled is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>         Contracts no good in Utah: Rothstein v. Snowbird Corp. https://www.overlawyered.com/2007/12/contracts-no-good-in-utah-rothstein-v-snowbird-corp/ https://www.overlawyered.com/2007/12/contracts-no-good-in-utah-rothstein-v-snowbird-corp/#comments Wed, 19 Dec 2007 13:28:38 +0000 http://overlawyered.com/wpblog/?p=5668 In a 3-2 decision, the Utah Supreme Court has held a liability waiver unenforceable, and permitted a skier to sue a resort for his injuries in a skiing accident, notwithstanding his agreement to the contrary by disingenuously expanding a state assumption-of-the-risk statute for ski resorts to forbid any contractual modification of liability. When even Utah […]

    Contracts no good in Utah: Rothstein v. Snowbird Corp. is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     In a 3-2 decision, the Utah Supreme Court has held a liability waiver unenforceable, and permitted a skier to sue a resort for his injuries in a skiing accident, notwithstanding his agreement to the contrary by disingenuously expanding a state assumption-of-the-risk statute for ski resorts to forbid any contractual modification of liability. When even Utah refuses to honor contracts, you know we’re in trouble.

    Edited to add: For some reason, multiple commenters who haven’t read the opinion are claiming that the only thing the opinion does is require a signature. Not so: Rothstein explicitly signed a release, and the release only covered negligence (permitting Rothstein to sue for intentional torts). Rothstein realized the benefit of the bargain, by getting season tickets for a considerably cheaper price than he would have been able to if the resort knew he wasn’t going to honor his end of the bargain. The Utah Supreme Court (not an intermediate appellate court) rewrote the agreement retroactively. Consumers are hurt.

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    Contracts no good in Utah: Rothstein v. Snowbird Corp. is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2007/12/contracts-no-good-in-utah-rothstein-v-snowbird-corp/feed/ 13