Wednesday, August 13, 2003

Waiver and limitations bar claim for death in charity bike ride

The Washington Post has this article on the ruling by D.D.C. Judge Rosemary Collyer against the claims of the representatives of a woman who died as the result of her participation in a bike ride, because she had signed a written waiver as to some claims and others were barred by the Virginia statute of limitations.

When I was a law clerk, Judge Collyer, then a lawyer with Crowell & Moring, appeared in a case in Big Stone Gap, on the interesting issue of whether the special commissioners who were attempting to collect the contempt fines imposed by Judge McGlothlin of the Circuit Court of Russell County in enforcement of his injunction against strike misconduct by the United Mine Workers could garnish the dues collected by employers for union members under pursuant to the check off requirement in their collective bargaining agreements with the Mine Workers. (Judge Jones was representing the special commissioners, Ms. Collyer and some other lawyer were there for the employers, opposing the garnishment.) So far as I recall, Judge Williams never ruled on this issue, which was a good idea, since the state court contempt fines were ultimately thrown out by the Supreme Court of the United States.

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