Articles by Kevin

It’s Just a Flesh Wound

How do you know it's time to give up and dismiss your claim? Well, if the judge is comparing you to the Black Knight from Monty Python and the Holy Grail, now's probably a good time: Actually, the good time…


Assorted Stupidity #73

An appellate court has ruled that "the danger posed by a plate of sizzling hot food [is] self-evident," thus dooming a New Jersey man's attempt to sue Applebee's for burns suffered while bowing his head to pray over a plate…


Judge Wanted: Must Be Able to Read, Tell Time

A recent order from the Supreme Court of South Carolina (thanks, Anonymous) has updated the initial eligibility requirements for those who would like to be magistrate judges in that state. All applicants must now take and pass both the Wonderlic…



Please Read This Before Bombing New Mexico

First: Do not blow up any part of New Mexico without express permission. Second: By "this" I don't mean this post, although if you have started your research here that is fine, if somewhat disturbing. By "this," of course, I…


How Did That Taster’s Choice Case Turn Out?

I mentioned Christoff v. Nestlé the other day—you know, the case where the guy was surprised to see his face on the Taster's Choice coffee label and ended up getting $15 million for it—and someone wrote me to ask how…


California Supreme Court Report

As I mentioned a few days ago, I argued a case before the California Supreme Court on Tuesday. I thought some of you might be interested to see the checklist I put together to help me prepare: I forgot to…


Program Note

No new posts today (except this one, of course) or tomorrow, because to your likely shock and amazement I am actually arguing a case tomorrow before the California Supreme Court. And no, the case is not in any way comical….



Twitter Takedown of Scottish Scam [Updated]

Scottish lawyer Malcolm Combe recently posted this tale about a promoted tweet gone wrong. He and several other lawyers went after a company called Highland Titles, which was making this offer: For just 30 quid, it would appear, you can…