24 January 2008

Legal antics

Dannon is in some deep yogurt. It's getting sued in a class action alleging that its "probiotics are great for you" campaign (associated with the very tasty Activia brand) has somehow caused consumers harm. Meh. Seems like there are more important class actions to bring.

This one's somewhat bigger and more serious: the 8th Circuit (no less) has just upheld an inmate's right to be bused out of prison for an elective abortion. Wow.

Bonds asks the judge to toss out the perjury charges against him on the grounds that the allegations are too vague and bizarre. Doubtful that it'll work, but who knows.

The first U.S. District Court (Idaho) has issued an opinion on whether there is a copyright interest in cease-and-desist letters: there is. This is a huge problem for First Amendment groups and for those who try to fight against bullying cease-and-desist letters by making them public -- the "shaming" theory of deterrence. I can't believe this will stand long-term, and it clearly isn't yet binding on anyone but the parties involved, but as with most things, it's anyone's best guess what'll happen.

A small group is setting up a test case to challenge campaign donation restrictions: so far, they've been rejected by the FEC, which is the first stage of getting standing (though it apparently might not count, as the full commission has yet to sit on the decision). Sigh.

What does "any" mean? Apparently it means that if you're in prison, the prison officers are able to steal and lose your property without being liable for suit. It's particularly bad if you're Muslim: they can take your Quran and prayer rug with no consequences. Considering that this is a hugely expansive textualist reading of the word "any," it's a particularly odd 5-4 split, too: Thomas, for the Court, joined by Roberts, Alito, Scalia, and Ginsburg. Not sure where that last one came from.

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