Articles Posted in February, 2011

The Justia Dockets & Filings website offers attorneys, journalists, litigants, and legal researchers a simple tool for discovering and tracking litigation in the various federal courts. I find the website to be absolutely indispensable for tracking who is suing and who is being sued.

For example, I subscribe to the following RSS feeds to track lawsuits involving technology companies, such as Google, Facebook and Apple. You will find a routine stream of complaints over privacy, patents and petty consumer grievances. For the latter group, I sometimes wonder about the plaintiffs who cannot resolve minor disputes without resorting to a federal class action. In this day and age of increasing transparency in the legal system, are these plaintiffs giving sufficient forethought to how a potential future employer may view their degree of litigiousness over seemingly trivial disputes?

I know we’re all aware that the Northeast has a lot of snow – and I mean, a lot of snow. What you may not have heard of though is a decision that came down from the Massachusetts Supreme Judicial Court this past July which overturned over a century of law regarding snow and ice removal.

Previously, property owners could escape liability if they did not remove “natural” accumulations of ice and snow from their property. Papadopoulos v. Target Corp. abolished this distinction between natural and unnatural snow and ice accumulation. Landowners must now apply the same obligation of reasonable care to this type of hazard as they would to other hazards on their property.

All’s well on paper, but I was curious during a trip to Boston over the weekend to see if the new rules would make any kind of a difference walking around town (as an aside, lying on the ice Saturday night, having fallen in a puddle of of the slushy slippery stuff, I wondered if maybe I had taken my research just a tad too far). The bottom line: even with more people out shoveling early and often, I’m not sure their efforts are any match for this Winter and we’re bound to see an early Spring of personal injury lawsuits.

The world has changed since the last time Jerry Brown was at the helm of the State of California. First elected to statewide office in 1970, Governor Brown is no stranger to campaigning throughout the “Golden State.” One major difference between the campaign that eventually brought him his first tenure as governor and his 2010 campaign was his use of social media.

Since President Barack Obama’s use of social media in his presidential campaign, many other prospective lawmakers have used social media as a way to get their message out to voters. Social media is becoming increasingly important as traditional marketing channels are becoming less effective. Printed newspaper ads, for example, are costly to run and do not reach the same number of people that a Facebook fan profile or Twitter profile have the possibility of reaching. Social media profiles are almost always free to create. However, most candidates have a paid staff member or team that creates, monitors and updates these profiles on behalf of the candidate.

In April 2010, Karen McPeters filed a federal class action complaint against Montgomery County, Texas, and LexisNexis seeking to enjoin the county from requiring litigants to file all documents with the court through LexisNexis File & Serve. In the complaint, she alleged that the fees amounted to a poll tax and a denial of due process and equal protection. The Court dismissed her federal claims and declined to exercise supplemental jurisdiction to hear her state claims, suggesting that they are more properly heard by the state courts. We have pulled the filings for the federal case and posted them to Justia Dockets & Filings. (For free! The irony.) McPeters filed in state court on January 25, 2011, according to Courthouse News.

Courthouse News and 3 Geeks and Law Blog (see also their April post) posted about this case this week, and they have done a great job covering the details and legal analysis—so I’ll leave that to them. I decided to post on about this anyway because I think it’s important that this issue get as much coverage as possible. It highlights the current problems with our pay-to-play legal system in a way that everyone—lawyers and consumers—can understand.

At Justia, we like rooting for the underdog. Chalk it up to our young geek days fighting playground bullies, we’re all about challenging old school thinking. That’s why we congratulate Cleveland federal appeals lawyer David Mills for a U.S. Supreme Court victory only a few years after opening his solo practice.

Like others before him, Mills faced an uphill battle prospecting for new clients, but he was determined to make his practice work.

The age-old investment adage “buy low, sell high” must be giving the political class a bad case of buyer’s remorse. Considering how much our nation has paid in blood and treasure to topple Saddam Hussein, Iraq may well end up being the world’s largest underwater investment ever. Worse yet, when our mission is truly accomplished, the Iraqis will repossess their nation, leaving us with our outstanding bills as souvenirs of our own folly. If only we were as savvy as those Tunisians and Egyptians, who accomplished the same for pennies on the dollar.

Maybe instead of calling for the prosecution of WikiLeaks founder Julian Assange, our politicians should be awarding him a Congressional Gold Medal or the Presidential Medal of Freedom for following President George W. Bush’s clarion call to expand “freedom in all the world.” In terms of exposing “the pretensions of tyrants,” WikiLeaks has achieved that in spades.

It’s February 1st, and we at Justia are happy to report that in January members of our Onward and Facebook communities not only stopped by to visit us, you also liked us, and sometimes, you really, really liked us.

Our heavy hitter in January on the Onward Blog in terms of visits was Courtney’s post on the Online Blue Book – looks like there are more than a few people out there who like to get their inner citation geek on. I encourage anyone who hasn’t already to check out Courtney’s analysis and review of The Blue Book’s online features and also catch a glimpse of one of our Justia pugs, Sheba, giving a shout out to vendor-neutral citation.  Other popular posts this month included our Legal Predictions for 2011 and some thoughts on our shock over California’s new menu labeling laws (note: watch out for the 400+ calorie scones at Starbucks).