If there’s one thing I’m going to defend, it’s the right of American children to go out and die or injure themselves in whatever way seems best to them. Whether we’re talking about alcoholic energy drinks, or dangerous playground equipment, I’m not a fan of trying to legislate away childhood behavior. You shouldn’t sell kids a bag of glass, but we have fairly robust tort and consumer protection laws to weed that kind of stuff out.
Certainly, at the point when a child — or God forbid an adult — comes upon a giant roller coaster that does loops at 90 mph and says, “Oh, yeah, that looks perfectly safe,” I’m not sure what kind of “regulation” we’re supposed to be going for. If it crashes, you’ve got a tort action. If it doesn’t, you can thank whatever God you pray to and maybe next time take your ass to the bumper cars.
That stance puts me on the opposite of the newly elected junior Senator from Massachusetts, Ed Markey…
In today’s age of gun violence at schools, anything and everything can be construed as a precursor to the next classroom shooting. Wearing a trench coat? You might be hiding a gun under there. Got a crazy look in your eye? You might be plotting a mass murder. Eating an ice-cream cone? Oh my God, drop the weapon!
But if you think that you can get away with eating an ice-cream cone and wearing a trench coat with a crazy look in your eye in a law school classroom, you’ve got another thing coming — especially if you allegedly proceed to flip tables, leap over desks, and run up and down the aisles like a wild man while blathering incoherently.
And, perhaps most fittingly, this happened during a torts class….
* Ben Weiss suggests that the third year of law school be replaced by special certifications in practice areas. He calls these “O’Wendells.” I like the idea, but the name sounds dirty. If he really wants to keep with the SCOTUS theme, he could just call it a “Bushrod.” [St. Louis Post-Dispatch]
* A guide to the legal landscape surrounding high-frequency trading (the new fad of super-fast, computer-driven trading algorithms swapping stocks in split-seconds). Good, because I like my trading like I like my women: capable of collapsing economic markets at any given notice. [New York Law Journal]
* In fairness to this judge accused of “inappropriate conduct” with an inmate, the Miami Correctional Facility is considered the most romantic correctional facility in America. [RTV6 ABC]
* Man suing a church and some of its staff after being invited to a service and then allegedly being accused of demonic possession and beaten. In fairness to the church, if the man was really the devil, filing a lawsuit is the most logical means of revenge he could employ. [Legal Juice]
[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.)
Plastic! Safe! A perfect training ground for future lawyers.
Mmm… Tort Law. All you need is a J.D. and a dream to get in on the action.
But have we gone too far? No, I’m not talking about the general accusations that tort lawyers make things more expensive for consumers (and the mega-companies they buy things from). I’m asking if our tort regime is crippling our future by hobbling our children. New studies suggest that our children’s playgrounds may be too safe.
Hehe. That’s right, parents who sue schoolyard bullies for saying on Facebook that your kids are stinky heads. It turns out that your totally sanitized, tetanus-free, no-skinned-knees zone might be making your kids the very kind of chubby, neurotic weaklings who will need to keep their lawyers and shrinks on speed dial for the rest of their lives…
Before there was Four Loko there was, and still is, the Red Bull and vodka. You can pour nearly any amount of vodka into a glass and just a little bit of Red Bull will cut the taste enough so that you can drink it like water. Plus you’ll get an energy kick. Back in my day, when Red Bull was still made with ephedra, that kick was damn noticeable.
Red Bull and vodka is a great way to start a night. It’s a great way to extend a night. It’s a terrible way to end a night. At the end of the night, you don’t need all that alcohol and energy. You need a cab and a glass of water.
One lawyer in D.C. learned that lesson the hard way. He had a Red Bull and Vodka right before closing time, and ended up “bleeding all over Georgetown.” Now he’s suing the bar for giving him that last drink.
With the proliferation of online rating sites, an aggrieved consumer of pretty much anything has a surprising range of avenues to express his or her discontent.
Whether you have a complaint about your neighborhood coffee shop or an allegedly unfaithful ex-boyfriend, the average Joe has a surprising amount of power through these sites.
Rating sites apparently even have the power to bring a well-known UNC Law professor to his electronic knees.
It’s not every day that a torts professor sends his former students a “rather embarrassing request” to repair his online reputation. It’s also certainly not every day that the students respond en masse….
Our law student readers are well aware that finals season is underway. People have already started camping out at the library as they meticulously prepare and organize their outlines and note cards. They’re double- and triple-checking their professors’ slides to make sure they haven’t missed any important information. And for the average law student, poring over pages and pages of text can get mind-numbingly boring very quickly.
Apparently one controversial professor at a D.C. law school figured that out, and decided to add a bit of excitement to his lecture slides. Because nude pictures are great study aids….
Before you’ve been through 1L Torts, this story is shocking. After you’ve been through 1Ls Torts, it’s not that surprising.
In 2009, two Good Samaritans saw a Hummer crashed off the side of the road. The car was on fire. The two men sprang into action, ran down a snowy embankment, and pulled a woman from the burning wreckage.
They saved her life.
Which is interesting, considering that it turns out the woman was allegedly trying to kill herself.
The men suffered injuries, and now they are suing….
Now, just two weeks later, InJustice, a documentary film that is being hailed as the “anti Hot Coffee,” made its small screen debut on the ReelzChannel — a channel I’d never heard of and do not receive. Luckily enough, in the two weeks since we reviewed Hot Coffee, I had earned enough street cred to get an advance copy of the film.
While Hot Coffee presented the plaintiff’s side of the tort reform debate, InJustice attempts to present the defendant’s side in a more favorable light by exposing the evils of lawsuit abuse and the greed of attorneys involved in “America’s lawsuit industry.” Those are some pretty high aspirations for the film’s producer, non-lawyer Brian Kelly.
All that being said, I have no idea why I waited to release my review of InJustice until after the film had aired, because I’m not sure if anyone was even able to watch it. And if they had been able to do so, I’m pretty sure they would have changed the channel pretty quickly….
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: firstname.lastname@example.org.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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