Is Cheerleading a Sport?

I don't know. At least not officially.

The Wisconsin Appellate Court recently refused to decide whether cheerleading is in fact a sport. That court assumed that cheerleading is a sport, for purposes of a recent opinion, but failed to actually hold that cheerleading was a sport.

The Court did, however, hold that cheerleading is not a "contact sport," as that was the true issue before the court.

The case involved a ninth-grade cheerleader's suit against another cheerleader for negligence in failing to properly spot her during a stunt and causing her to fall from a pyramid and suffer a severe head injury.

The defense claimed immunity from negligence liability under a Wisconsin statute that provides that a participant “in a recreational activity that includes physical contact between persons in a sport involving amateur teams” is liable only for causing injury to another participant by acting “recklessly or with intent to cause injury.”

In Noffke v. Bakke, 748 N.W.2d 195 (Wis. App. 2008), the Court held that cheerleading is not a “contact sport” for purposes of this statute. It concluded that, although “the risks and the athleticism involved in cheerleading are comparable to those in contact sports,” cheerleading is not a “contact sport” because “it does not involve physical contact between opponents.”

Therefore, the Wisconsin statute at issue did not bar plaintiff's negligence claim against the defendant.

The Wisconsin Supreme Court granted the defendant's petition to appeal this ruling, and the case is awaiting decision after oral argument last fall.

Maybe then we will get an official ruling as to whether cheerleading is actually a sport.

(Article courtesy of the Marquette University Law School Faculty Blog.)

Proper Service

Thank you very much for the warm welcome Michael! It's amazing how just a semester of law school can change how you look at the world, it's a whole new perspective with out a doubt! Below is a link for an article that I came across...I am a big fan of technology and innovation...so I figured this might be some food for thought?

In brief, the article is about an Australian lawyer who convinced the courts to allow him to service a couple via facebook! After many unsuccessful attempts at serving the couple properly, the lawyer came across the woman's facebook page. The Judge granted permission, stipulating that the service was only to be given via their private emails such that the private matter would only be seen by the intended parties. It's not the first time the Australian courts gave permission for service in these ways (emails, text, etc.) The idea reminds me of what i learned in Civil Procedures in terms of proper service. Yet another way technology has opened a new chapter in the legal realm. I wouldn't be surprised if this method is attempted by attorneys in the U.S. in the near future?!

http://news.bbc.co.uk/1/hi/world/asia-pacific/7785004.stm

Guest Contributors

I am pleased to announce that the Northern Law Blog has added a Guest Contributors section. The Law Blog is now accepting posts from non-NIU lawyers and law students.

The first guest contributor is Waseem A. Mateen. Waseem is a first year law student at the Valparaiso University School of Law. He just recently finished his first semester final exams, so we'll give him some time to unwind before we look for his first post.

Glad to have you Waseem!

iPhone application helps DUI offenders find lawyers

I have blogged about Avvo before. They are the lawyer rating service that previously petitioned the Illinois Supreme Court for the master roll of all licensed attorneys in this state, and lost.

Well, they are back in the news. They have developed an application for the iphone which allows you to log each drink that you consume over a given time period. It then calculates your approximate BAC based on gender, weight, etc. Then, if you exceed the legal limit, it will suggest cab companies or other alternative means of transportation. Then, if you get pulled over for DUI, it will suggest a DUI lawyer in your area.

Check out the full article here.

Judge hits police car, gets DUI

The criminal courts judge from Hartford, Connecticut requested a transfer to the civil division following her arrest for DUI.

Click here for full details.

Forensic Loan Reviews

The Chicago Tribune reports that certain companies are now offering forensic loan reviews to homeowners facing foreclosure to determine if their lenders made any mistakes during the loan process that the homeowners could now use to get out of their loans.

These companies will scour loan documents looking for errors in, among other things, the truth in-lending (TIL) statement the lender or the lender's annual-percentage-rate (APR) calculations. If the TIL statement doesn't match up with the HUD-1 closing-cost sheet, a borrower might have cause for legal action against the lender.

Typically, forensic loan audits are ordered by mortgage investors to determine what kind of legal liability confronts them in the pools of loans they already own or are considering buying. As a so-called "business-to-business service," they are not generally available to individual borrowers.

Fees for this service could be as high as $3,000, depending on how much is owed on the mortgage. But if an error is found, it could provide great leverage when trying to negotiate with the banks.

One particular company says that well over 80 percent of the recent audits performed by their company have revealed major truth-in-lending violations, errors in the good-faith estimates required under the Real Estate Settlement and Procedures Act, illegal predatory lending practices or even fraud.

My question: Do these companies employ lawyers? If not, is this the unauthorized practice of law?

Will County documents available electronically

From this morning's Joliet Herald:

The circuit court clerk's office now has the ability to electronically send noncertified copies of documents from scanned images, pursuant to a court administrative order, Circuit Clerk Pamela McGuire announced.

"Our office believes this service is another way we serve the public's best interest. For those who utilize the courts, this ability can save a trip to the courthouse, fuel and parking," McGuire said. "The fees for the electronic documents are consistent with our normal paper copy fees pursuant to statute. In the very near future we hope to be able to process certified copy requests as well."

To obtain documents electronically, visit http://www.willcountycircuitcourt.com/, select E-Documents and follow the instructions.

Requests can be submitted 24 hours a day, seven days a week from the convenience of one's office or home. Upon confirmation of payment, the documents will be electronically sent in a portable document format. Payments can be made by credit or debit card on the site. All document requests will be processed during normal business hours.

"The office of the Will County circuit clerk continues to look for convenient ways through technology to serve the public and utilize the clerk's office," McGuire said. "We hope you find this new service useful and cost effective."

Kendall County murder conviction overturned

Full details in today's Aurora Beacon News.

$325,425 seems lower than $325,000

Click here to read a very informative article written by David Davis, a trial consultant in Boston. His article titled "Some Juror Rules for Determining Damages" summarizes research conducted by economists at several universities relating to how jurors perceive damages at trial.

The most interesting portion of the article is that specific numbers seem lower than round numbers. For instance, $325,425 seems lower than $325,000 at first glance to most people. The author recommends asking for specific sums from juries for all types of damages, including punitives. Even if you are just making the number up, do not make it end in zeros.