A law student sat in a chair, reclined, and fell on her ass.
Now she’s suing the school for her injury.
Read that again; I’m not making it up. Sit, fall, butthurt, sue.
I’m sure anti-tort-reform forces are busy putting together the HBO documentary, “Reclining Dreams: The True Story Of How One Chair SIGNIFICANTLY INCONVENIENCED A Student.” But I can only hope that the litigious law student has the time to sue her school because she hasn’t yet found a real job….
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…
It’s easy and popular to criticize America’s tendency towards over-litigiousness. You can talk and argue all day over abstract ideas, but have you seen the numbers all laid out in a handy-dandy infographic? No? Well, we have a special treat for you….
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….
You mean to tell me that this coffee is going to be hot? Are you kidding me?
Most people associate the Liebeck v. McDonald’s case, better known as “the hot coffee lawsuit,” with the very worst of our justice system: namely, frivolous actions brought by greedy plaintiffs with the hopes of winning the lawsuit lottery.
It is commonly believed that the plaintiff in Liebeck was a young woman who decided to sue Mickey D’s because while driving, she spilled her drive-thru coffee all over herself and sustained minor burns. This woman is usually not thought of as the sharpest tool in the shed, because she needed to be warned that her hot coffee would actually be hot and would burn her.
This woman was somehow able to convince a jury of her peers (who apparently weren’t that intelligent, either) that she didn’t realize her hot coffee would be so hot, so they decided to award her with a $2.7 million verdict.
This is the story that most people believe when they think of the hot coffee lawsuit, but it couldn’t be further from the truth. And thanks to this widespread misconception, Hot Coffee, a documentary film directed by Susan Saladoff, explains how corporations were able to promote the “evils” of tort reform….
In case you haven’t been following along, the National Football League has been dealing with a little controversy from 1,250 fans who went to the Super Bowl. It’s been labeled “Seatgate.” These people bought tickets to the Super Bowl, but when they arrived in Dallas, their temporary seats were not completed. It appears that Super Bowl organizers knew there was a chance the seats would not be ready in time, but didn’t tell the fans. It turns out they had to watch the game in a standing-room area, on a television, or from different locations in the stadium.
The fans got screwed; no doubt about that. And, like an airline that bumps people because they oversold the plane, the NFL is trying to make it up to the fans. It’s not out of kindness; the NFL is just trying to mitigate the public-relations damage from Super Bowl ticket holders not having seats. So the NFL has offered the fans a number of “make good” options.
But the fans are not satisfied, and now there’s talk of lawsuits. Why? Because people are dumb and greedy and trying to milk their hardship for everything it’s worth.
To tell you the truth, I really want these super fans to go away already…
Here in New York City, the headquarters of Above the Law, we’re still dealing with the aftermath of the Great Blizzard of 2010. Check out our slideshow for some images (like the one at right).
Although the snowstorm ended on Monday, and it’s now Wednesday night, many streets remain unplowed and many sidewalks uncleared. Mayor Michael Bloomberg, generally praised for his tremendous competence, is taking a lot of flak for the city’s inadequate response.
And that’s just in terms of politics and public relations. Wait until the lawyers get involved!
What possible causes of action could arise out of the snowstorm? Let’s discuss….
* Here’s a list of America’s Worst Bosses for 2010. Shocker: some of them are lawyers. [eBossWatch]
* Is this a legal and/or fair way to get a flaking eBay auction winner to pay up? Maybe all is fair in love and war e-commerce — although that approach didn’t work out well for Vitaly Borker. [Reddit via Consumerist]
* Filing a lawsuit against McDonald’s over Happy Meals makes me sad — and Walter Olson mad. (Disclosure: I once worked at McDonald’s.) [New York Daily News]
* Speaking of delicious things — and readers, please note my use of “delicious” to refer to food — how do you overcome the “cupcake challenge”? A panel of experts, including my law school classmate, Georgia state legislator Stacey Abrams, tackled this question in a panel discussion at the U.S. Chamber of Commerce. [The ChamberPost]
* Single D.C. lawyers, there’s still time to entrust your love life to Kashmir Hill. We have many responses, but there’s gender imbalance right now. Kash needs men — please help! [Above the Law]
I don’t remember the moment I first learned how to wipe my ass without hurting myself. I don’t think I received a special present or accolade for that momentous life event. But perhaps my parents did take notice in this way:
MOM: Our little boy just successfully wiped himself without incident!
DAD: Good. Maybe you were right when you prevented me from taking him out back and shooting him.
The point is that successfully using toilet paper is a basic skill in civilized society. If you have an accident while administering toilet paper to yourself, it’s the kind of thing you really want to keep to yourself.
Unless, of course, you think you can get money out of the mishap. America baby, the only place where hurting yourself while performing basic hygienic practices can lead to a tort payday.
A Michigan woman broke her hand while trying to get toilet paper out of a dispenser in a restaurant bathroom. And now the Michigan Supreme Court has ruled that her case can be presented to a jury….
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at firstname.lastname@example.org in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
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• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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