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March 23rd, 2010

Linkworthy (Lousy wrting, Toyotas, hypocrisy and so much more)


Two weeks back I noted some particularly poor writing from the judiciary. Today we turn to someone’s pleadings, with a judge noting a “virtual parade of linguistic horrors.” And that wasn’t the pro se version of the complaint either, but the attempted amendment by counsel. (Malcolm v. Honeoye Falls-Lima Education Assn. via A Buffalo Lawyer);

Of course, lousy writing from lawyers doesn’t only occur in court filings. Some people actively try to embarrass themselves with it online as well;

Plane hits house. Lawyer hired. Lawyer fails to file suit. Lawyer sued.

With stuck Prius pedal problems in the news, Max Kennerly wants to know about the rush to blame the victims. And yeah, he’s got much more to say than that;

Still on Prius, Ted Frank has suggested that the acceleration issues are age-related, based on a sampling of 24 cases. And Walter Olson does a Toyotathon round-up, with a focus on the problem being overblown. But neither cite research prior to recent incidents that show that 41% of the acceleration problems came from Toyotas, while they held only 16% market share. The data comes from a Consumer Reports study of almost 6,000 incidents.

If a doctor lies to a patient, is it malpractice? Does it depend on what the lie is about?

I’m not the only one to notice, for sure, about the US Chamber of Commerce’s hypocrisy when it comes to litigation. Legal Pad has given them a swift kick also. But only because they deserve it.

Should a jury be told that punitive damages paid by a company are deductible? (And why are they deductible in the first place?)

I’ve heard a lot of odd excuses to get out of jury duty, but never did anyone say they would appear in full KKK garb;

Bernie Madoff got beat up in jail. Will he become a Crip or a Blood to survive?

TortsProf with the Personal Injury Law Round-Up;

And Blawg Review #256 comes to you from another planet, via Cyberlaw Central (winner of 2009 Blawg Review of the Year).

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