[T]he risk of being hit in the face by a hot dog is not a well-known incidental risk of attending a baseball game.
– Presiding Judge Thomas H. Newton of the Missouri Court of Appeals (Western District), writing for the majority, and noting that a fan cannot be said to have assumed the risk of injury via flying hot dog by attending a baseball game.
(For some background information, in 2009, Kansas City Royals fan John Coomer’s retina was torn and detached after he was hit in the face with a foil-wrapped hot dog that was thrown by the team mascot.)
We now have judicial notice that making jokes about the president and fried chicken is probably racist.
Granted, “all these years, I thought I liked chicken because it was delicious.” But living up north, it’s pretty well-established that suggesting black people have a predisposition for eating chicken is prima facie racist and likely to start a fight. That’s not because I’m “sensitive” or “playing the race card.” It’s because generalizing about the foods black people eat has been used as a tool for racial stigmatization for a long time in this country.
We’ve written about Hughes before. He’s a guy who can throw a benchslap. He’s also a guy who has been described as “[u]nquestionably the single worst judge in the Southern District of Texas” on The Robing Room (where lawyers can post anonymously about judges).
But one of his flippant remarks to an African-American plaintiff drew the ire of the Fifth Circuit, even as they were affirming his ultimate result.
You know that you have strayed a little too far from the flock when the Fifth Circuit (Texas, Louisiana, and Mississippi) is schooling you on racial sensitivity….
* From the White House to the ivory tower: Cass Sunstein is leaving OIRA to return to Harvard Law. Perhaps his thoughts on behavioral economics and public policy will be appreciated in academia. [New York Times]
* Jared Loughner is reportedly set to plead guilty in the Arizona shooting attack that killed six people, including Judge John Roll, and injured 13, including former Representative Gabrielle Giffords. [Los Angeles Times]
* Lance Armstrong is going for the gold against the U.S. Anti-Doping Agency, this time with a bid to Judge Sam Sparks for a restraining order blocking the USADA from forcing the cyclist into binding arbitration. [Bloomberg]
* “[T]his is not the time for us to become an international accrediting agency.” The ABA will remain a faulty U.S. accrediting agency, because the Legal Ed Section voted against accrediting foreign law schools. [ABA Journal]
* Apparently Texas Tech Law has more than beauty queens. Secretary of Defense Leon Panetta has appointed dean emeritus and current law professor Walter Huffman to the new Defense Legal Policy Board. [KCBD 11]
* Remember Joshua Gomes, the UVA Law student who allegedly broke into the school’s registrar office? As it turns out, there’s no more “allegedly” about it. We’ll likely have more on this news later today. [Daily Progress]
* Law school graduates’ tales of woe are still making headlines in newspapers. Please take heed, 0Ls, and remember that you decided to discount this info if you’re told that you “should have known better.” [Oregonian]
* If you want to eat mor chikin but the thought of supporting Chick-fil-A’s stance on gay marriage is giving you indigestion, now you can eat your fill with the assistance of Ted Frank’s chicken offsets. [Huffington Post]
* When thinking of the Penn State situation (the alleged cover-up, not Jerry Sandusky’s crimes), I am reminded of how critically important due process is to the proper administration of justice. You really notice due process when it’s gone. [The Volokh Conspiracy]
* It’s funny to think of law professors getting their pieces rejected by law reviews. Funny insofar as there are people who actually care about what ends up in a law review. [lawprofblog]
* I’m not inclined to believe things coming out of Nigeria, but if this is true, it’s crazy. [Gawker]
* The bright side of losing your job because of the LIBOR scandal. [Dealbreaker]
* Erwin Chemerinsky, Dean of the University of California Irvine School of Law, thinks that you can’t cut faculty salaries enough to achieve substantial reductions in tuition without losing your top faculty. But in this market, I bet a law school that said, “We hire only cheap professors and pass the savings on to you,” would have a lot of appeal. [National Law Journal]
* A photo of $211,223.04 that Matthew Inman of the Oatmeal raised for charity. Hopefully this means that the Oatmeal/Charles Carreon lawsuit circus is finally leaving town. [The Oatmeal]
* “Bada da da daaah… I’m loving it! Now give me my Big Mac or I’ll shoot you in the face.” [Legal Juice]
* A San Francisco restaurant finds an creative way around California’s new foie gras ban. Force-fed duck liver 4Lyfe! [Inside Scoop SF]
* The Supreme Court Term feels like a distant memory, but now’s a good time to look back on it with added perspective. Courtesy of MoloLamken, here’s a great guide to the big business cases of the Supreme Court Term just ended. Download or print it, then read it at your leisure. [MoloLamken (PDF)]
* “Bring me Solo and the Wookiee. They will all suffer for this outrage.” Rajabba the Hut seems to have had a second Goldman Sachs tipper. Say hello to Rajat Gupta, who has pleaded not guilty. [Bloomberg]
* Counsel in the Gucci v. Guess trademark case wrapped up their closing arguments in court yesterday. It’s generally not a good thing when the judge interrupts you to question your late filing. [Businessweek]
* Uh, apparently there’s a legal battle concerning intellectual property having to do with a Three Stooges porn parody. I personally shudder to think of how Curly is portrayed. [Hollywood, Esq. / Hollywood Reporter]
* After taking a blow from that fake beef lawsuit, Taco Bell’s sales are up thanks to its Doritos taco. Because getting your fingers covered in orange crap totally makes up for the “taco meat filling.” [Washington Post]
* Judge Jessica Recksiedler has disqualified herself from overseeing George Zimmerman’s murder trial. Stepping up to fill in as ringmaster for this media circus is Judge Kenneth R. Lester Jr. [Washington Post]
* Oh joy, new fee hikes associated with law school! Administrations of the LSAT are going down, down, down, so of course the price to take the test no one wants to take anymore is going up, up, up. [National Law Journal]
* Trying to win at all costs has its consequences. Just ask the New Orleans prosecutors who are now facing bar complaints for allegedly railroading defendants into harsh convictions. [Slate Magazine]
* Hopefully this lawsuit’s descriptions of the rotten chicken that was allegedly served to customers are enough to make you never eat at Kentucky Fried Salmonella again. [Huffington Post]
* “Housekeeping, you want me jerk you off?” Ex-MLB player and housekeeper aficionado Lenny Dykstra was sentenced to 270 days in jail after a conviction for lewd conduct and assault. [Bloomberg]
* Instead of gold, everything Charlie Sheen touches turns into a lawsuit. The producer for his FX comeback series, “Anger Management,” has been sued by another show producer for $50M. [New York Daily News]
* G’day, mates! This just in: if you’re on a business trip down under, you’re entitled to workers’ compensation for any sexual injuries that may occur “during the course of employment.” [Daily Telegraph]
* “I think that you know what the president said … was appropriate.” While the DOJ scrambles to meet Judge Smith’s memo deadline, Attorney General Eric Holder is busy defending Obama’s con law faux pas. [CNN]
* Six more partners have fled from Dewey & LeBoeuf, bringing the grand total of partner defections to at least 46 since January. Good Lord, somebody needs to get this firm a freakin’ tourniquet. [Wall Street Journal]
* Facebook filed a motion to dismiss Paul Ceglia’s ownership claims, but he isn’t going anywhere soon. Ceglia’s got two months to submit expert reports as to the authenticity of his fake contract. [Associated Press]
* Joe Jamail, “America’s richest practicing lawyer,” donated his $3M law library to TSU’s Thurgood Marshall School of Law. Now students can learn more so they don’t have to sue over being graded on a curve. [Fox]
* McDonald’s doesn’t have to worry about its G-rated Happy Meal toys in California anymore. It’s that XXX-rated lawsuit over a former employee’s “Filet-O-Fish” that the company’s really got to keep an eye on. [Reuters]
“Would you like fries with that? No? How about a blow job?”
Don’t get too excited, guys. Oral sex hasn’t made it to the Dollar Menu just yet. Instead, we have news of a woman who’s filed a lawsuit against McDonald’s, alleging that the billion-dollar burger bordello played a part in turning her into a prostitute.
Let’s check out the allegations, and find out whether this woman’s milkshake does, in fact, bring all the boys to the yard….
'So then I said to them, 'We have, like, a staggered board AND a poison pill. So suck on that!''
The halls are alive with… the sound of vermin? As we’ve mentioned earlier today, some top law firms (and even one top law school) are experiencing problems with rodents, insects, and other pests.
And, unfortunately, some of these critters have crept into company canteens. Thanks to New York City’s controversial system of rating restaurants, in which establishments receive letter grades based on their health and sanitation violations (or lack thereof), we know which law firm cafeterias are worth patronizing (and which ones are best avoided).
Let’s take a look at which Biglaw behemoths have the best — and the buggiest — dining rooms….
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