Over at American Enterprise Institute (AEI), James Pethokoukis wrote a fascinating piece, "America'…
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Patents Critical to America's "Special Century" of Growth

Over at American Enterprise Institute (AEI), James Pethokoukis wrote a fascinating piece, "America's Forgotten Prelude to Its Special Century," in which he explains what led to the century during which America became the most prosperous, powerful and innovative nation in human history between 1870 and 1970.  "Yet America's special century," Pethokoukis notes, "did not emerge ex nihilo.  The pro-growth groundwork was laid in the less glamorous decades between 1790 and 1870."

Critically, Pethokoukis notes the importance of intellectual property (IP), and patents in particular:

Equally important was an innovation culture, according to Rosenbloom.  Patents grew almost five times as fast as the population between the years 1790 and 1850.  Ordinary mechanics drove a culture of…[more]

September 15, 2025 • 11:44 AM

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Jester’s Courtroom
A Crazy Lawsuit
Wednesday, March 04 2015

A former guest of Dr. Phil is suing him for $100 million, claiming the show made him look mentally ill.

Matthew Barasch appeared on Dr. Phil's show last year to talk about stalking; Barasch believes a detective planted crystal meth in his home and that he's a victim at the hands of cops and others. Barasch says he told producers the only way he would participate was if they didn't make him look delusional.

Barasch now claims that the show had a second theme mental illness and paranoia and that the show was cut to make him look crazy.

According to news reports, a representative for Dr. Phil said, "We stand by our broadcast. This guest was treated with the utmost dignity and respect, and every effort was made to help him find some peace in his life. We believe the attached clip speaks for itself. We will vigorously defend this frivolous and baseless lawsuit and will pursue dismissal and our attorney fees."

Source:  tmz.com

Me vs. Me
Tuesday, February 24 2015

In a bizarre twist, Utah has become the first state in the nation to recognize that its citizens have the right to sue themselves. Earlier this month, the Utah Court of Appeals ruled in the case of Bagley v. Bagley that Utah law allows a decedent's heir and the personal representative of his estate to sue the driver who allegedly caused the accident that killed him -- in this case, those are all the same people.

According to news reports, Barbara Bagley is her husband's heir and personal representative of his estate and thereby the named plaintiff in the case against herself as the defendant-driver whose negligence allegedly caused the accident. In summary, Ms. Bagley, acting in different capacities, appears on both sides of the case.  As the defendant, Ms. Bagley is represented by her insurance company.

Utah's wrongful-death statute says a person's heir or representative can sue whoever caused the person's death when the death "is caused by the wrongful act or neglect of another." The district court ruled, and the appellate court agreed, that another refers to someone other than the decedent him/herself and that an heir can sue as long as the decedent didn't kill him/herself.

Source:  loweringthebar.net

A Wild Ride to the Courthouse
Wednesday, February 18 2015

A Connecticut man is suing a Southington, Connecticut, restaurant after suffering injuries following a fall from a mechanical bull.

Steven Saleski is suing Cadillac Ranch Restaurant claiming he suffered "painful, permanent, serious injuries" after he fell off a mechanical bull called "Old Thunder."  According to news reports, Saleski believes the bull was positioned too close to a wall and that the restaurant should have been aware of its dangerous placement. Moreover, Saleski claims the restaurant did not give visitors sufficient warning about the dangers of riding the mechanical bull, did not give the machine's operators enough training, and did not take the necessary safety precautions.

In his lawsuit, Saleski charges that he suffered severe neck pain and fractured two vertebrae after being thrown off the bull and hitting his head. Saleski is seeking an unspecified amount of monetary damages, saying that the medical treatment he has undergone has challenged him financially.

Cadillac Ranch has not commented on the lawsuit.

Source:  wtnh.com (Connecticut)

Cost of Gluten-Free Angers Customer
Wednesday, February 11 2015

A California woman is suing P.F. Chang’s China Bistro Inc., claiming the chain’s $1.00 up charge on gluten-free menu items is discriminatory.

Anna Marie Phillips has filed suit in U.S. District Court for Northern California in San Jose, California, alleging that the restaurant policy of charging more for gluten-free items on the menu violates the Americans with Disabilities Act. Phillips' suit further claims that the gluten-free surcharge is added to items that are naturally gluten-free. Phillips is seeking class action status on behalf of diners with celiac disease or gluten intolerance. The lawsuit asks for an injunction against further gluten-free menu item surcharges, restitution for the surcharges paid, and undesignated civil penalties and compensatory damages.

A P.F. Chang’s spokeswoman told reporters in an email, “The company does not comment on pending litigation.”

Source:  nrn.com

Off With Their Heads
Thursday, February 05 2015

Thanks in part to opportunistic plaintiffs’ lawyers and the fear of lawsuits, fewer King Cakes will have hidden surprises this Mardi Gras season.

According to news reports, some bakeries in Louisiana and elsewhere have decided to leave out the baked-in trinkets because of fear of lawsuits should a hidden prize lead to a broken tooth or choking incident. Although non-edible items are traditionally forbidden in confections in the U.S., and the Federal Drug Administration has been on record as noting king cakes fall into that category, the FDA has been clear to note that it "has not taken any enforcement action or issued any regulatory requirements specific to king cakes."

"There's a very simple reason you don't find favors in king cakes anymore: We have too many lawyers in America," said Poppy Tooker, host of "Louisiana Eats," a radio program heard on some NPR affiliates in the South.

Source: The Wall Street Journal



Notable Quote   
 
"All last year, we were treated to a steady stream of stories about the 'huge' and 'baffling' gap between the public's negative views about the economy and its 'actual performance.'Our favorite 'economist' Paul Krugman was apoplectic. 'Why are so many Americans still telling pollsters that the economy is in bad shape' when 'it's hard to overstate just how good recent economic numbers have been.'Last…[more]
 
 
— Issues & Insights Editorial Board
 
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