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Miscellaneous

court-o-rama.org

About the courts.
By Anne Skove, Esq.

Post Frequency: 12/day

Last Entry: March 25, 2011 at 00:00:00

Way-Back Machine

Posted on February 22, 2008
We try not to be too Buckeye-centric, but it's hard not to be when the state supreme court has such a nifty website and a deft PIO who keeps the court news up-to-date. If only every place else were so fabulous! This week Ohio's highest court upheld the state's 10-year statute of limitations on products liability claims, but also held that a plaintiff injured before the statute's creation need not meet that limit...

Retro

Posted on February 20, 2008
If you had asked us about retro floors before today, we might have answered parquet or light-up disco. But now we know better, thanks to Danforth v. Minnesota (06-8273), in which the SCOTUS ruled that as far as retroactivity in the states are concerned, Teague is a floor, not a ceiling...

A Win (for Some)

Posted on February 20, 2008
Score one for Medtronic, zero for patients with inflatable catheters and state court fans. The SCOTUS, in a 8-1 decision, held that the medical device company cannot be sued in state court because its devices have been approved by federal regulators...

Sound Familiar?

Posted on February 20, 2008
"Merchants and industrial developers were stymied in their desire for a coherent doctrine of commercial laws because juries in different locations applied different norms. Furthermore, business leaders were concerned that their commercial agreements might be upset by the whim of a local jury...

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Three Bites and You're Out

Posted on February 19, 2008
Number of people in the U.S. who seek medical care for dog bites annually: 800,000 Number of those under age 14: 400,000 Rank of dog-bite accidents among other causes of death or ER visits (in 2003): 5th Number of bites a dog is allowed, under common law and most state and local legislation, before the owner is liable: 1 Number of people in the U...

Holiday Road

Posted on February 18, 2008
Pausing to violate the separation of powers here, we understand that a select few of you have the day off on account of President's Day. We suppose the lack of holidays honoring former Supreme Court Justices could be solved in part by taking time to think about former Chief Justice *and* President William Howard Taft...

Sugar-Free Pokey

Posted on February 18, 2008
As someone who may or may not have violated South Beach rules on Valentine's Day (hey, champagne, Ghiradelli, and the little toast rounds beneath the caviar were at stake!), we found it interesting to learn that inmates in NYC jails not only lose access to the outside world, but also to unhealthy food...

There Oughta Be a Law

Posted on February 18, 2008
Do paparazzi and charitable donations need more legislation? In California, some people need a motorcade to get their ambulance to the hospital. New legislation would require professional sleb watchers to leave a "personal safety zone" around their subjects...

Not-So-Fresh Pursuit

Posted on February 18, 2008
When is a "fresh pursuit" not? When it crosses county lines and it's based on a non-arrestable offense. So says the New Mexico Court of Appeals. Sure, suspicion of DWI is cause for arrest, but the initial stop here was for violation of a city noise ordiance...

Kudos to Kentucky

Posted on February 16, 2008
Hmm, why would a state create a mass tort/class action ethics committee? When a few of its finest are in the pokey. Kentucky, which has seen its share of ethics violations in these cases, has formed a Mass Tort and Class Action Litigation Committee "to safeguard against potential abuses in tort litigation...

Part of the Solution

Posted on February 16, 2008
Gandhi said "You must be the change you wish to see in the world." The ABA's Lawyer as Problem Solver Advisory Committee (yes, Virginia, there is such a committee) is looking outside itself for someone who represents that change. Nominate a problem-solver today! See ABA Lawyer as Problem Solver Award Call for Nominations, Michael Moffitt, ADR ProfBlog (February 14, 2008)...

Event-Full

Posted on February 16, 2008
We haven't posted events here for a number of reasons, but one upcoming occasion merits special notice. In Louisville on March 25, the Kentucky courts will sponsor Equal Treatment for All: Pursuing Diversity in Kentucky Courts. Kentucky's AOC has been hard at work on diversity projects (including jury issues) for some time now...

Oops, Removal?

Posted on February 15, 2008
Are people making a federal case out of Britney's conservatorship? We mean that literally! The Civil Procedure Prof Blog has nothing on this *yet* but TMZ and the e-rags are all over it. A lawyer for Sam Lufti (Britney's so-called friend and manager) is trying to get her conservatorship case removed to federal court...

Land of Ten Thousand Cuts

Posted on February 15, 2008
Minnesota's courts are hurting, and went to the legislature (as promised last year when the cuts were made) to prove it. Here's what they've cut so far: Civil arbitration Travel Training Law books (and don't say "well everything's online now") Conciliation court calendar (cut by 1/3) Also: positions have been abolished or frozen...

"Almost Always"

Posted on February 15, 2008
That's how often Ohio Supreme Court Chief Justice Moyer believes court records should be open to the public. A recent press release from the court details the history of openness of records, from a Cincinnati case in 1901 to coping with the challenges of online records...

The Wedding Court

Posted on February 14, 2008
Court weddings seem so unromantic -- somehow bailiffs don't quite evoke the spirit of the occasion like ushers and bridesmaids do. But many courts are busy busy busy today performing wedding ceremonies: In New Orleans, "The Love Judge" makes every Valentine's Day wedding special, with roses, and historic views...

This Day in Legal History

Posted on February 12, 2008
What did we do before Wikipedia? On February 12... The Treaty of Stralsund resolved border disputes between Mecklenburg and Pomerania (1354) Lady Jane Grey was executed (1554) Pirate advocate, spectral-evidence expert, and noted Puritan minister Cotton Mather was born (1663) Abraham Lincoln was born (1809) Utah women received the right to vote (1870)

Mediation to the Rescue

Posted on February 11, 2008
Ohio has long been on the forefront of mediation, from Capital University Law grads who set the ADR world on fire (not literally) to Dean Rogers's efforts at OSU. Unfortunately, Ohio is also one of the top foreclosure states at the moment. Recall Chief Justice Moyer encouraged Ohio lawyers to mediate these cases...

Court-O-Bama

Posted on February 11, 2008
And the nominees are... Nope, Grammys are over. We're talking about the McClobbees! It's too early to tell who will be nominated or elected, so it's insanely early to tell who that person would nominate for the SCOTUS. But that series of long-shots doesn't stop some interesting speculation from all sides...

Good Job

Posted on February 11, 2008
Is your job thankless? We believe court employees are among the least-thanked. They deal with cranky, stressed-out members of the public and their attorneys (who may be of equal or worse disposition). They are not highly-compensated, although the legal system depends on them for everything from scheduling cases to making crucial forms available to keeping the courthouse safe...

Cruel, Unusual, and Impossible?

Posted on February 08, 2008
While Callahan, et al, wait for the SCOTUS to make up its mind regarding the constitutionality of lethal injection, one state court of last resort has issued an opinion regarding the electric chair. Nebraska's high court, in State v. Mata (S-05-1268), held the chair constituted "cruel and unusual punishment," and hence is unconstitutional...

Take A Chancery

Posted on February 08, 2008
Show of hands: who wants to be known as Lord High Chancellor? Wow, that's so many of you! Sadly, only West Virginians need apply. The state is considering bringing back the chancery system. This, when every other state has merged law and chancery, and some seem to have erased chancery altogether! But chancery court is a wonderful invention...

Year of the Blog

Posted on February 07, 2008
Happy Year of the Rat! Celebrate by catching up with these blawgs and blogs: Chinese Law Prof Blog: Learn about "house arrest" in China, property law, grants for rule-of-law projects, and more. China Law Blog: Fascinating post about the power of the middle class, imported products, plus other fine information from the firm of Harris & Moure...

Growing Up Too Fast

Posted on February 07, 2008
As a high school student, then ask a parent. You'll get wildly different answers to this question: is a 17-year-old an adult or a child? Rhode Island courts are siding with the parents' view. State law there had treated 17-year-olds as adults, but now the court says they are juveniles...

Drug Court Dispute

Posted on February 07, 2008
Who doesn't love a drug court? With a few exceptions, drug courts are the darlings of the judges and prosecutors who run them. Scads of warm and fuzzy success stories can't be wrong, can they? In Macomb County, Michigan, the police department was concerned with the local drug court sentencing...

See You in Court!

Posted on February 06, 2008
Everybody "knows" that the reason big companies use arbitration clauses is because they hate litigation. Right? Wrong! Empirical evidence (is there any other kind?) gathered by Eisenberg, Miller, and Sherwin, shows that in fact companies use such clauses only when it comes to consumers...

Mother-Daughter Issues

Posted on February 06, 2008
If you're following Lynne Stewart's case (which see), you may want to know that her daughter is now making news for all the wrong reasons. Oh, it's not as bad as all that. She hasn't taken a Lohanesque turn or finally saying "yes" to rehab...

Ritter Rx

Posted on February 05, 2008
How come the aptly-named Jack Tripper never sued Mr. Roper or Mr. Furley? He certainly could have, what with the gender-based renting policy and malfunctioning swinging door. Now the real-life family of the late John Ritter is suing doctors for medical malpractice...

Can Your Court Spare $800,000?

Posted on February 05, 2008
The inexplicably landlocked Rhode Island is facing a huge deficit. To help out, the state court system has volunteered to contribute $800,000 of its own money. The money comes from Superior Court arbitration fees. Per statute, those fees were supposed to have been deposited into the state's general fund...

Parenthood x 3

Posted on February 05, 2008
There are single moms, single dads, and various couplings thereof. But until now, nobody, not even a so-called "test-tube babies," has three biological parents. How radical is this? Much less so than it first appears. Not to paint all these possibilities with the same brush, but we have grown accustomed to step-parents, surrogate moms, sperm donors, IVF, open adoptions, same-sex parents, and grandparents as primary caregivers...

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