Further Analysis of the Bottle-Rocket Case
In which the facts of said case are analogized to Palsgraf v. Long Island Railroad.
Lowering the Bar Exam Questions
Auto Insurer Won’t Cover Injury Caused by Dead Driver
Many have pondered the question, "If a tree falls in the forest and there's no one around to hear it, does it make a sound?" But few have pondered the equally stupid question: "If a car causes an injury but…
Court: No, One Person Can’t Be a “Partnership”
I’m a strong believer that in legal writing, an introduction should pretty much tell you everything you need to know. This one does. The parties to this appeal, a partnership dispute, agree on one issue. They want us to assume…
How Long Can Your Lawyer Nap Before It’s “Ineffective Assistance of Counsel”?
As long as it’s it’s less than a “substantial portion” of trial, the Constitution doesn’t mind.
Court Rules Punch to the Groin Was No “Accident”
Q: An insurance policy covers bodily injury "caused by an occurrence," and defines "occurrence" as an "accident." Does the policy cover an injury caused by conduct that was deliberate but not intended to cause injury? A: No. Q: Does the…
In Defense of Monkey Copyright [Updated]
Thanks for your responses to my question about who if anyone owns the legal rights to a monkey photographer's work. The responses varied, although none were too favorable to the monkey. Here are some thoughts, with the disclaimer that I'm…
Legal Questions Raised by Success of Monkey Photographer
Here's an excellent question (via the Legal Satyricon): if a monkey steals your camera and takes a bunch of pictures with it, who (if anyone) owns the rights to the pictures? After three days of hanging out with some crested…
Motion to Exclude Large-Breasted Woman From Trial
Defendant’s counsel apparently believed she would be a distraction.
A Brief Research Memo Concerning a Simulated Chicken Head
Question Presented Did the judge correctly rule that an employee was entitled to workers' compensation because the work-related events she experienced were the "predominant contributing cause of [her emotional] disability"? The Facts Mr. Grillo agreed to provide [medical] insurance [only]…
A Tort Causation Puzzler for You
Here's a report of a case filed in New Orleans last month: Baptiste v. Wyndham Vacation Resorts Inc.; Avenue Plaza Hotel, No. 2011-01688 H (New Orleans 2/17/2011). Lawsuit for personal injury and negligence. While staying at the defendants' hotel, the plaintiff…