More Legal Causation Explained

Perhaps the fact that you have cable TV was an actual cause of your father getting punched in the stomach over a can of soup.  But was it a PROXIMATE cause - a legal cause? Was it reasonably foreseeable that having cable could result in such an injury? Was your father's injury a "natural and probable result" of your TV service choices?

Let's watch and discuss:

Spotlight on Frivolous Lawsuits

I have previously expressed the opinion in this blog that frivolous lawsuits are good for America. Others may have different opinions. In recognizing that frivolous lawsuits exist, I am by no means buying into the industry-fueled tort reform propaganda that the nation is somehow awash with frivolous lawsuits that cost taxpayers billions of dollars. But, I am recognizing reality.  These lawsuits exist.  They are usually filed pro se.  They are usually filed by people with apparent mental illness. They are summarily dismissed from the court system at the earliest possible review by a judge. Yet, the media reports on these lawsuits as if they were representative of the state of the civil justice system and attract the attention of judicial resources in the same degree as legitimate claims. Certainly the media can claim to be "just reporting the facts." But misrepresentation by omission is just as harmful to legal legitimacy as intentional falsehoods. The experience of the reporting on the McDonald's Coffee Case should have taught us something as a society. It takes an educated and  knowledgeable reader to draw the proper conclusions from the facts reported.

UConn is promoting "Business Literacy" as a point of emphasis in our courses.  I think one of the principal contributions that a Legal Environment course can make toward that end is to produce students who can read through sensational reporting of civil justice issues to discover the real impact of what is reported.

See similar posts, here and here.

So, that brings us to the frivolous lawsuit du jour.  The Oregonian reports:

A 26-year-old Portland pimp has filed a $100 million lawsuit against Nike, claiming the shoe manufacturer is partially responsible for a brutal beating that helped net him a 100-year prison sentence.

Sirgiorgiro Clardy claims Nike should have placed a label in his Jordan shoes warning consumers that they could be used as a dangerous weapon. He was wearing a pair when he repeatedly stomped the face of a john who was trying to leave a Portland hotel without paying Clardy's prostitute in June 2012.

Pro Se?

In his three-page complaint handwritten from the Eastern Oregon Correctional Institution in Pendleton, Clardy claims that Nike, Chairman Phil Knight and other executives failed to warn consumers that the shoes could be used as a weapon to cause serious injury or death.

Mental Illness?

A psychologist declared him an anti-social psychopath who was 100 percent likely to commit violent crimes again. And Clardy disagreed so loudly -- making such a scene -- that he was removed from the courtroom.

Costing taxpayers millions of dollars?

In the coming days, the suit will be served to Nike, which will then have an opportunity to respond.

In this case, all the facts are there.  But our students need to able to understand the legal and social implications of the facts.

On the other hand, the 1:30 second news report below from Bloomberg 8 fails to include the "pro se" fact or the likely mental illness. It also mis-characterizes the civil suit as a defense in his criminal case.

Mack The Knife

Probably the best known, and most upbeat, "crime song:"



Studio Version:



An alternative live version:


From a movie version of the Threepenny Opera, starring, coincidentally a former law student - the late Raul Julia:

This is Why You Can't Carry Your Gun on Campus

I sometimes have students indignantly query as to why they are not allowed to carry firearms on campus.  Some call the rule "ridiculous."  After all, they are responsible, law abiding gun owners. Well, the shooter in the incident described in this video was also, ostensibly, a responsible, law abiding gun owner - until he wasn't any longer.  Everyone starts out as "law abiding" until they no longer abide by the law.  When that time comes, the consequences to others are much different depending on whether the former "law abider" is armed or not.

Hundreds of Incidents of Civil Battery

Civil Battery: The following elements must be proven to establish a case for battery: (1) an act by a defendant; (2) an intent to cause harmful or offensive contact on the part of the defendant; and (3) harmful or offensive contact to the plaintiff.

Example, below, courtesy of miscreant students at the University of Oregon.  The hapless victim being mercilessly pummeled is reported to be an Oregon University Professor. (As an aside, I think that a reasonably prudent driver would have removed the snow from the car's hood before driving.)

Perception of American Law

The video below was submitted by Konrad Lee at Utah State University. In case you missed it about 30 years ago, this scenario builds on the story, long since discredited, that a woman whose precious family pet died when she attempted to dry it off in a microwave oven prosecuted a successful lawsuit against the microwave manufacturer. I've decided to open class with this one today.

Sadly, this is an expression of how some perceive American Justice.

Legal History Tribute to MLK

This is the day we celebrate the life of Dr. Martin Luther King, Jr.  Here are some images of legal history in his honor.






Related Post, here.