At first blush, the judgment awarded to the parents of a fallen baseball player is enough to make a tort reformer vomit. The Helena Independent Record reports (gavel bang: Overlawyered):
After 12 hours of deliberation, a jury sided with the parents of former Miles City American Legion baseball pitcher Brandon Patch in a civil suit over the player’s death during a 2003 game in Helena.
Aluminum bat maker Hillerich & Bradsby Co. failed to provide adequate warning as to the dangers of the bat used by a Helena Senators player during the game, at least eight of the 12 Lewis and Clark County jurors agreed Wednesday.
Hillerich & Bradsby Co. was ordered to pay $792,000 to Patch’s estate, which is represented by his mother, Debbie Patch, who filed the suit.
The jury felt the bat makers should have had some kind of warning about the dangers of batted balls at high speeds.
Seriously? On first blush, this verdict makes me want to hunt down jury members, scream “warning, terrible judgments could result in you getting hit with a bat,” and play pepper using their eyeballs.
But in my homicidal fantasy, I’m hitting eyeball grounders with a wooden bat, not an aluminum one. Are aluminum bats different, in a way that might partially explain the verdict?
More details after the jump.
Let’s get the boring stuff out of the way. Albert Freed (pictured) won a trip to Hawaii (not pictured). As part of the vacation celebration, Mrs. Freed bought her husband some new Hanes brand briefs. But Mr. Freed is a husky gentleman, and apparently the new trunks couldn’t contain all of his junk. He sued Hanes, claiming they made “defective” underwear.
Let me turn it over to Escambia County (FL) Judge Pat Kinsey:
A question for the guys out there: How long would it take you to correct a problem involving sandpaper and your penis? Don’t you think penis chafing is something that requires immediate attention and decisive action?
And while we’re here, how long does it take for you to notice your stuff hanging out where it is not supposed to be?
Check out Albert’s excuse after the jump.
The tort reformers among you are going to love this story. Just as it looks like there might be an opening to enact significant medical malpractice reform, it appears that one of the most powerful lobbying arms against reform is hemorrhaging money (gavel bang: Overlawyered). The Washington Times reports:
The American Association for Justice, the most prominent group representing plaintiffs’ attorneys, has seen a shake-up in its executive suite and has struggled to deal with what appears to be a mounting budget shortfall. To help it fight congressional efforts to make it harder for patients to sue doctors and lawyers, it recently sent out an extra solicitation to its members, asking them to fork over money for a lobbying campaign.
The most striking evidence of its financial woes is a swift decline in income, which resulted in a more than $6.2 million deficit in its operating budget for the fiscal year ending July 31, 2008, the most recent year for which data are available.
The reason for the shortfall appears to be fewer members. Details after the jump.
The Connecticut Employment Law Blog reports on the kind of plaintiff that gives other plaintiffs a bad name:
In the middle of trial, a plaintiff (who is claiming his employment was terminated, among other reasons, in retaliation of his exercise of FMLA rights) drops a bombshell:
“[In the prior October], I learned that I had — have stage III prostate cancer with a metastatic brain lesion.”
What kind of client just blurts out “metastatic brain lesion” in open court? What kind of counsel allows that to happen?
Not surprisingly, defense counsel moved for a mistrial. The judge called a hearing, and then the idiot plaintiff had something else to say:
During the hearing, however, there’s another another unexpected development: The medical records show that the employee did not have (and never had) a metastatic brain lesion.
The plaintiff knew he didn’t have a brain lesion — though it seems self evident that something upstairs is not working properly in this guy’s head.
Is this a situation that demands more than a mistrial?
A model who says she has worked hard to maintain a wholesome image has filed a $5 million lawsuit complaining that a jewelry company’s video advertisement in which she writhes and moans looks pornographic.
The commercial, seen on the Internet in a clip entitled “Rock Her World,” shows a woman wearing blue lacy lingerie and a diamond necklace while moaning and stroking her face and neck. It ends with the Web address for the jewelry company, Szul.com.
The 37-year-old woman claims in her lawsuit that she did not “consent to or authorize the use of her likeness, picture, image or name to simulate a female having an orgasm or otherwise experiencing sexual pleasure.”
The 35-second “Rock Her World” spot features the model rubbing her teal teddy and purring with pleasure to the hard-grinding sounds of a guitar as the slogan, “Jewelry works every time” pops up onscreen.
But look, no need to rely on print descriptions of the ad. One of the beauties of the internet as a medium is that, when it comes to audio or video, you can judge for yourself. So check out the clip — which, we warn you, is quasi-NSFW (at least with the sound turned on) — over at Blogonaut.
Done watching? Okay. We concur with our fellow blogger:
[W]e find it hard to believe that Jane Doe’s behavior on the ad could be taken for anything resembling the “wholesome” persona she claims was maligned. What could she have been thinking when she made the ad?
Okay, it’s not a “layoff,” since it’s not due to economic pressures. Rather, it’s due to his being a total asshat judicial record and temperament — and maybe a certain infamous lawsuit he filed.
From the Washington Post:
Roy L. Pearson Jr., whose $54 million lawsuit against a Northeast Washington dry-cleaning shop was rejected in court, is about to lose his job as an administrative law judge, sources said last night.
A city commission voted yesterday against reappointing Pearson to the bench of the Office of Administrative Hearings, which hears cases involving various D.C. boards and agencies. Pearson, who was up for a 10-year term, had tried to hold on to the job.
Expect the litigious Pearson to fight any refusal to reappoint him:
If the panel carries out its decision against reappointing him, Pearson, 57, could take the case to the D.C. Court of Appeals. In a separate filing, he is asking the appellate court to overturn the decision in the dry-cleaning case.
The sources said that had Pearson’s term not ended this May, at the height of his battle with the dry cleaners, he might have kept the job. His term has expired, but Pearson has remained on the payroll, making $100,000 a year as an attorney adviser for the Office of Administrative Hearings.
It’s me, Ernie — Nebraska state senator Ernie Chambers. And I’m suing your divine ass! From the AP:
The defendant in a state senator’s lawsuit is accused of causing untold death and horror and threatening to cause more still. He can be sued in Douglas County, the legislator claims, because He’s everywhere.
State Sen. Ernie Chambers sued God last week. Angered by another lawsuit he considers frivolous, Chambers says he’s trying to make the point that anybody can file a lawsuit against anybody.
Chambers says in his lawsuit that God has made terroristic threats against the senator and his constituents, inspired fear and caused “widespread death, destruction and terrorization of millions upon millions of the Earth’s inhabitants.”
And he pledged allegiance to Al-Qaeda, and microwaved a few pooches. Jonathan Lee Riches, holla!
What relief is Chambers seeking? The WSJ Law Blog reports:
The lawsuit seeks a permanent injunction against God, ordering him to cease certain harmful activities. Chambers asked the court to waive personal-service requirement. Because God is omniscient, he argues, he will have actual knowledge of the action.
And you thought the $54 million pants lawsuit was crazy. If God’s deposition ends up being taken, can someone ask him about the proper construction of this contractual provision?
P.S. Props to the AP reporter who conferred a Jesus-like halo upon Senator Chambers. You win the prize for Most Creative Use of an Electric Fan as a Background Element.
[AP via WSJ Law Blog]
The American Tort Reform Association has posted Weird Al’s “I’ll Sue Ya” on its Web site, suggesting that the tune be “adopted as a theme song by America’s personal injury lawyers.”
“It’s been awhile since I’ve personally kept up with Weird Al’s work, but it’s nice to know he hasn’t lost his genius,” ATRA director of communications Darren McKinney said.
“Like all good comedy, Weird Al builds on a foundation of truth,” he added.
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
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