Comments on: the whiff of a lawsuit http://blogs.law.harvard.edu/ethicalesq/2008/07/12/the-whiff-of-a-lawsuit/ breathless punditry and one-breath poetry with David Giacalone Fri, 11 Sep 2009 18:58:52 -0400 http://wordpress.org/?v=2.8.4 hourly 1 By: David Giacalone http://blogs.law.harvard.edu/ethicalesq/2008/07/12/the-whiff-of-a-lawsuit/comment-page-1/#comment-184332 David Giacalone Mon, 14 Jul 2008 19:51:49 +0000 http://blogs.law.harvard.edu/ethicalesq/2008/07/12/the-whiff-of-a-lawsuit/#comment-184332 You are very welcome, Diane. Like yourself, and as a former mediator, I have empathy for all sides, and believe reasonable people should be able in good faith to reach an agreement and that they think of community mediation first. Of course, the mediation center will need to be flexible enough to begin the process ASAP. You are very welcome, Diane. Like yourself, and as a former mediator, I have empathy for all sides, and believe reasonable people should be able in good faith to reach an agreement and that they think of community mediation first. Of course, the mediation center will need to be flexible enough to begin the process ASAP.

]]> By: Diane Levin http://blogs.law.harvard.edu/ethicalesq/2008/07/12/the-whiff-of-a-lawsuit/comment-page-1/#comment-184328 Diane Levin Mon, 14 Jul 2008 19:34:39 +0000 http://blogs.law.harvard.edu/ethicalesq/2008/07/12/the-whiff-of-a-lawsuit/#comment-184328 David, this is a fascinating case. As a mediator, and an optimistic one at that, I can only hope that some day when issues like this arise, the first call will be to the local community mediation center, and not to lawyers or cops. As a homeowner, and as a one-time kid who played many a summer ball game in vacant lots, I have a lot of empathy for all sides in this. I hope that they are indeed able to sit down and talk this through to the mutual benefit of all. Thanks for your thoughtful commentary. David, this is a fascinating case. As a mediator, and an optimistic one at that, I can only hope that some day when issues like this arise, the first call will be to the local community mediation center, and not to lawyers or cops. As a homeowner, and as a one-time kid who played many a summer ball game in vacant lots, I have a lot of empathy for all sides in this. I hope that they are indeed able to sit down and talk this through to the mutual benefit of all.

Thanks for your thoughtful commentary.

]]> By: Overlawyered http://blogs.law.harvard.edu/ethicalesq/2008/07/12/the-whiff-of-a-lawsuit/comment-page-1/#comment-184189 Overlawyered Sun, 13 Jul 2008 14:14:04 +0000 http://blogs.law.harvard.edu/ethicalesq/2008/07/12/the-whiff-of-a-lawsuit/#comment-184189 [...] This particular dispute, over noisy kids’ recreation in an otherwise quiet neighborhood of famously expensive Greenwich, Connecticut, might have led to legal ramifications in almost any day and age. Opponents of the wiffle ball, though, get a lot of mileage from everyone’s awareness of the case a few years ago in which the town was ordered to pay $6.3 million to a doctor who broke his leg while sledding on town land with his 4-year-old son. (Peter Applebome, New York Times, Jul. 10; Patrick Healy, “Town’s Downhill Pastime May Face an Uphill Fight”, New York Times, Apr. 26, 2004). More: Giacalone. [...] [...] This particular dispute, over noisy kids’ recreation in an otherwise quiet neighborhood of famously expensive Greenwich, Connecticut, might have led to legal ramifications in almost any day and age. Opponents of the wiffle ball, though, get a lot of mileage from everyone’s awareness of the case a few years ago in which the town was ordered to pay $6.3 million to a doctor who broke his leg while sledding on town land with his 4-year-old son. (Peter Applebome, New York Times, Jul. 10; Patrick Healy, “Town’s Downhill Pastime May Face an Uphill Fight”, New York Times, Apr. 26, 2004). More: Giacalone. [...]

]]> By: David Giacalone http://blogs.law.harvard.edu/ethicalesq/2008/07/12/the-whiff-of-a-lawsuit/comment-page-1/#comment-184163 David Giacalone Sun, 13 Jul 2008 00:23:38 +0000 http://blogs.law.harvard.edu/ethicalesq/2008/07/12/the-whiff-of-a-lawsuit/#comment-184163 Thanks for the insight and moral support, Bro. And for pointing out the typo, which I just fixed. For almost 6 decades, you've been most conscientious about pointing out my mistakes. I'm much more grateful these days than when we were kids. Thanks for the insight and moral support, Bro. And for pointing out the typo, which I just fixed.

For almost 6 decades, you’ve been most conscientious about pointing out my mistakes. I’m much more grateful these days than when we were kids.

]]> By: Arthur J. Giacalone http://blogs.law.harvard.edu/ethicalesq/2008/07/12/the-whiff-of-a-lawsuit/comment-page-1/#comment-184162 Arthur J. Giacalone Sun, 13 Jul 2008 00:17:35 +0000 http://blogs.law.harvard.edu/ethicalesq/2008/07/12/the-whiff-of-a-lawsuit/#comment-184162 You did just fine – although noise is often not the only or most serious concern of many of my clients [or, me]. For example, an adverse change in the character of the neighborhood or community (which may include noise) is a common and pervasive concern. To prove there are no hard feelings, I'll even point out a typo for you to correct: in Ed's poem, should be "...the boy not chosen..." You did just fine – although noise is often not the only or most serious concern of many of my clients [or, me]. For example, an adverse change in the character of the neighborhood or community (which may include noise) is a common and pervasive concern.
To prove there are no hard feelings, I’ll even point out a typo for you to correct: in Ed’s poem, should be “…the boy not chosen…”

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