Overlawyered.com Jun. 28-Jul. 31
edi...@overlawyered.com
New since the last update:
* Our sixth birthday (Jul. 1)
* "Grand Theft Auto" videogame brouhaha, and (already) the first class
action lawsuit (Jul. 16, 27, 28)
* Uh-oh: "Richard Branson claims to own all uses of 'Virgin'" (Jul.
29). And a much less famous guy claims to own "stealth", "hoax" and
"chutzpah" (Jul. 5)
* Breakthroughs for lawyers suing lead-paint industry: duPont agrees to
settle R.I. case (Jul. 2); Wisc. high court may open floodgates by
approving suits (Jul. 23)
* Toldja this would happen: judge rules radio hosts' on-air comments
constitute a reportable campaign contribution (Jul. 10, 19)
* Kids found dead in car's trunk, family's lawyer mulls suing Toyota
(Jul. 20)
* $20 million verdict for accusing 81-year-old prison doctor of memory
loss (Jul. 21)
* Don't dangle your kid over the boat's railing... pretty please? (Jul.
12)
* "Next tobacco" watch: anti-porn crusader foresees gigantic lawsuit
over "erototoxins" released in human brain by ribald material (Jul. 21)
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HINT about finding stories: most stories mentioned have scrolled down
and off the front page of Overlawyered. Instead, they can be found via
the archives page(s), such as (for July entries):
http://www.overlawyered.com/archives/2005_07.html
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* Texas Merck Vioxx trial, including Ted's hard-hitting commentary
(Jul. 1, 11, 29)
* N.J. lawmakers propose to ban smoking while driving (Jul. 27).
Landlords liable for permitting smoking? (Jul. 12)
* My op-ed in the WSJ about Sandra Day O'Connor and her seat on the
Court (Jul. 7)
* Hockey mom wants girls allowed in team's changing room (Jul. 12)
* New at Point of Law: tons of coverage of the Supreme Court vacancy,
including a featured discussion between Profs. Richard Epstein
(Chicago) and Stephen Presser (Northwestern); plus new regular
contributor Martin Grace and much more (Jul. 15, 20, 22, 31, etc.)
* Outcry over Utah tax refund class action (Jul. 7); some judges slash
class rep fees, some don't (Jul. 28); Teflon owners unite? (Jul. 20)
* Convicted arsonist sues over denial of college football privileges
(Jul. 10)
* Wisconsin paper's investigation of "Ms. Wheelchair America" pageant
finds ties to ADA-filing law firm (Jul. 21, 25). Plus: something about
trail of assistance-dog suits doesn't smell right (Jul. 12)
* Batch of reader letters on Kelo, class actions that don't reflect
clients' views, law firm diversity, Norwegian law (Jul. 14)
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
If you're not keeping up with Point of Law, the Manhattan Institute
website on litigation, you're missing regular commentaries from Walter
Olson, Ted Frank and others on topics including Supreme Court
vacancies, silicosis, "tort-reform" battles, litigation statistics,
corporate and securities law, and much more. Not to mention humor and
outrage. Check it out today: http://www.pointoflaw.com/
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* Hey, no running -- this is a playground (Jul. 18)
* Milberg Weiss in law enforcement spotlight (Jun. 28, Jul. 5, 17). And
an upstate NY law firm learns about hazards of champerty & maintenance
(Jul. 15)
* Parents asked to pay alimony to son's wife -- after all, they'd
supported her, right? (Jul. 20)
* Chronicles of defensive medicine, plus how doctors can survive a
deposition (Jun. 28); brain wave monitor (Jun. 30); Wisc. high court
strikes down malpractice-suit limits, and anesthesiologists' progress
used against them (Jul. 15); spinal surgery risks (Jul. 29); nursing
home ordered to pay $12.8 million after bedsores lead to amputation for
uncooperative 62-year-old schizophrenic (Jul. 6); repeat mammograms
(Jul. 10); Dick Schaap suit (Jul. 5, two entries); dad faints in
hospital room while mom is giving birth, hospital sued (Jul. 9)
* "Framing" guru advising Dem politicos suggests calling trial lawyers
"public protection attorneys", but not all reactions are positive (Jul.
18)
* Updates on RFK Jr. and autism (Jun. 29), "Perfect 10" v. Google (Jul.
3), Russian astrologer v. NASA (Jul. 5), juror's fib about buying
newspaper during trial (Jul. 6), talk-show caller's age-bias suit
against Tom Leykis (Jul. 6), stifling archaeology, the tribal way (Jul.
16), Alabama Vioxx judge (Jul. 22), Larry Klayman (Jul. 24), suing the
goal post maker (Jul. 24);
* Kids' "do-not-email" registries in Utah and Mich. could have hidden
nasty consequences for legit e-publishing (Jul. 25)
* Court dismisses federal reparations suit again (Jul. 7, 9). Still,
NAACP vows to pursue reparations cause (which doesn't mean big biz will
stop giving it money) (Jul. 13). Plus: Native Hawaiian tribal
recognition (Jul. 12)
* Wall it off completely? Lawsuit charges Calif. park's rock face too
attractive to climbing kids (Jul. 7)
* Underground restaurants (Jul. 14); a thought from John Stossel on
food regulation (Jul. 13); N.Y. Times on obesity (Jul. 8, 12)
* Critics say pending bill will "gut" capital inmates' legal
protections -- they'll have only seven layers of judicial review left
(Jul. 17)
* Hilarious sign seen posted at ATLA convention (Jul. 25). And an
ATLA-approved tip on fake sincerity (Jul. 7).
* * * * * * * Now in paperback! * * * * * * * * * *
Our editor's book The Rule of Lawyers, on mass tort litigation from
guns to asbestos to fast food, is now available in paperback with a
newly written afterword. Robert Lenzner in Forbes.com calls the book "a
truly gripping read about tort lawyers...a brilliant expose of the way
courts are being overwhelmed by mass tort actions." Order from Amazon
(cut and paste URL if necessary):
http://www.amazon.com/exec/obidos/ASIN/0312331193/overlawyerecomam/002-0147859-7732817
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* Banking while intoxicated? (Jul. 19)
* "How Stella Got Her Groove Back" author sued by young hubby who's
trying to knock out the prenup she had him sign (Jul. 1)
* Guest-post contributions from Jeff Lewis (Southern California Law
Blog, LawLimits.com) (Jul. 1, 5-18)
* NY school drug counselor caught with cocaine can be fired -- and it
only took three years of litigation to reach that result (Jul. 22)
* Wal-Mart told to pay $2.8 million to employee with cerebral palsy
(Jun. 29). Plus: giant chain nixes "singles shopping" (Jul. 31)
* He grabbed girl's arm -- now he's a sex offender (Jul. 3)
* Turning point for Indian land claims? 2nd Circuit sends Cayugas
packing in sweeping language (Jun. 29)
* Law firm dissatisfied over Yellow Pages' giving competitor better
placement, so -- what else? -- it sues (Jul. 8)
* Luxembourg car-poolers sued for "unfair competition" by bus line
operator (Jul. 13)
* Florida bus-shelter electrocution: did lightning strike twice, or
only in the jury box? (Jul. 10, 18)
* Suing the Web's archivist, the celebrated Wayback Machine (Jul. 13)
* Plus: Willy Wonka as defendant; welcome Mona Charen and Jim Pinkerton
readers; gun bill passes Senate; lawyers' email boilerplate;
whistleblower fees; TrackBack mostly suspended; more on orphan
copyright; federal tobacco suit; Scruggs and colleague squabble; no
convictions in Enron broadband trial; we do lots of broadcast
appearances; Tokyo governor sued for insulting French;
"bet-your-company" cases; military-photo privacy suit; LAPD shooting of
hostage toddler; slander suit against Imus; myth of the Pinto case;
suit against fellow skier over collision; London attacked; D.C. cops'
sex-harass charges; feral pigs and piping plovers on the beach; PDA
pioneer sues Microsoft; NYC surrogate's judge thrown off bench;
youngster's hockey demotion; bad-mouthing Frodo Baggins; Grokster
repercussions; more reality-TV show legal woes; shouldn't Dahlia
Lithwick know better?; and more.