From the monthly archives:

June 2010

The newspaper profiles Randy Hertzler of Lancaster, Pa., whose small family-owned business imports European-made specialty toys and is reeling under the costs of the 2008 enactment. [via CPSC Commissioner Anne Northup]

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“A drug suspect who was shot and critically wounded after he crashed his car into another vehicle and struck a police officer at the end of a chase in East Oakland is suing the city for $1.5 million.” [Henry K. Lee, San Francisco Chronicle]

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The Ninth Circuit greenlights a potentially significant ADA suit, reversing a trial court that “found that the Americans with Disabilities Act and the Arizonans with Disabilities Act do not require movie theaters to provide captions and descriptions.” [Yuma Sun, Legal NewsLine]

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June 20 roundup

by Walter Olson on June 20, 2010

  • Happy Father’s Day! Wayne County Prosecutor Kym Worthy proposes criminal penalties for parents who skip parent-teacher conferences [WJBK via Welch, Reason]
  • Plaintiff’s bar takes to online marketing in big way, Boston’s Sokolove firm has 20-employee team [WSJ Law Blog]
  • Stuart Taylor, Jr., “The Myth of the Conservative Court” [The Atlantic]
  • Happy Father’s Day, cont’d: that “sex offender” neighbor could turn out to be this poor guy [Stephen Mason, Psychology Today via Alkon]
  • Libertarians debate anti-discrimination law [David Bernstein and others, Cato Unbound]
  • Despite trial lawyer lobbying push, Congress declines for now to create “aid and abet” securities-fraud liability [Bainbridge] “Overcriminalization in the Financial Reform Legislation” [David Rittgers, Cato]
  • As international “human rights” proliferate, they’re being applied for businesses’ benefit too, to some advocates’ displeasure [Bader, Examiner]
  • Happy Father’s Day, cont’d: Virginia Supreme Court rules child can sue dad after traffic collision for not strapping her properly into car seat [OnPoint News]

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Want to get a local potato chip company to sponsor the scoreboard at your high school athletic field? Washington may soon be making that decision for you. Adam Cassandra of CNSNews.com quotes me in this piece on the federal government’s deepening involvement in school food issues, and the price it brings in local control.

Dionne Searcey of the Wall Street Journal quotes me in a piece this morning on Texas lawyer Mark Lanier’s high hopes for the BP/Transocean Gulf spill litigation.

Radar Online reports that the complainant has hired Overlawyered favorite Gloria Allred, while Eric Turkewitz thinks Ms. Lorenzana might make not make the ideal client. Business Insider has more of the unedifying details, and Richard Thompson Ford explains (contra Deborah Rhode) “why lawsuits based on looks discrimination are a bad idea.” Earlier here.

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As the title of Marc Hodak’s post explains: “Because Congress couldn’t pass something called ‘The Free Unlimited Checking Killer for Young, Old, and Underprivileged Americans Act of 2009′”

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New sentencing blog

by Walter Olson on June 18, 2010

SentenceSpeak is hosted by Families Against Mandatory Minimums (via Douglas Berman and Scott Greenfield).

The Boston Globe reports that plaintiff’s securities law firms have become cash cows for Massachusetts Attorney General Martha Coakley and Treasurer Timothy Cahill, who oversee the pension funds that strike representation deals with the lawyers. “Spokeswomen for Cahill and Coakley said the contributions played no part in the selection of the law firms, which were chosen in a competitive process five years ago.”

June 18 roundup

by Walter Olson on June 18, 2010

  • “When the country went cold turkey”: Tyler Cowen reviews Last Call, Daniel Okrent’s history of Prohibition [Business Week]
  • Phrases never to put in email, e.g., “We Probably Shouldn’t Put This in Email” [Balasubramani, SpamNotes]
  • “My biggest wish was that I would get a cease and desist from the company that publishes Marmaduke” [Walker, Reason "Hit and Run"]
  • California proposal to jail parents for kids’ truancy [Valerie Strauss/WaPo via Alkon] Parents arrested on charges of forging doctor sick note to excuse third grader [Glenn Reynolds, Dan Riehl]
  • UK judge: NHS need not fund transsexual’s breast enlargement [Mail]
  • “Charitable Foundation Leader Alarmed by Government Intrusions into Philanthropy” [WLF Legal Pulse]
  • Missed earlier: “Stalking Victims’ Duty to Warn Employees, Lovers, Visitors, and Others?” [Volokh]
  • “Overturning Iqbal and Twombly Would Encourage Frivolous Litigation” [Darpana Sheth, Insider Online]

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They do things very differently elsewhere, reports the AMA’s American Medical News (via White Coat):

“Nobody is as hospitable to potential liability as we are in this country,” said Richard A. Epstein, director of the law and economics program at the University of Chicago Law School. “The unmistakable drift is we do much more liability than anybody else, and the evidence on improved care is vanishingly thin.”

In other news, the Obama administration is now rolling out its test project grants on med-mal; for reasons already aired in this space, Carter Wood isn’t expecting much.

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“Pay me now”

by Walter Olson on June 17, 2010

Low-budget ads might seem fitting for a consumer bankruptcy law practice, one supposes:

According to the YouTube-watcher who called this to the attention of reader R.T., “it seems to be a franchise”:

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Following a Nevada jury’s highly controversial $500 million verdict over allegedly inadequate warnings against multiple patient use, as well as bad publicity over possible abuse by music legend Michael Jackson, “Israel-based Teva Pharmaceutical Industries recently announced it will stop production of its sedative propofol, which many worry will intensify an already existing shortage of one of the most widely used anesthetics in the United States.” [Abnormal Use, earlier]

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I can’t say I’ve made a study of Judge Graves’ overall career as a jurist in the Mississippi state courts, but if his record presiding over the notorious O’Keefe v. Loewen trial is at all typical, his wouldn’t exactly be a name high on my list. [AP/Law.com]

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June 16 roundup

by Walter Olson on June 16, 2010

  • Shameless: House leadership exempts NRA lest it sink bill to regulate political speech [John Samples, Cato]
  • Employment law: “Arbitration Showdown Looms Between Congress, Supreme Court” [Coyle, NLJ]
  • “Wake Up, Fellow Law Professors, to the Casualties of Our Enterprise” [Tamanaha, Balkinization]
  • Move to allow international war crimes trials over “aggression,” a notoriously slippery term [Anderson, Brett Schaefer/NRO "Corner" via Ku]
  • Litigation slush funds: “Cy pres bill in Ohio House” [Ted Frank, CCAF]
  • “Recent Michigan Prosecutions for ‘Seducing an Unmarried Woman’” [Volokh]
  • Scalia: “…least analytically rigorous and hence most subjective of law-school subjects, legal ethics” [LEF]
  • Silicosis settlement scandal update: “As 2 Insurance Execs Admit Bribes, PI Lawyer Says He Can’t Be Retried” [Houston Chronicle via ABA Journal, earlier]

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“Preventing an individual from jumping off of the 86th floor of the Empire State Building is neither extreme nor outrageous,” wrote Judge Jane Solomon in disallowing the emotional-distress claim of Jeb Corliss, a daredevil jumper who had been prevented from jumping off the skyscraper in 2006. Solomon also found that the owners of the building had not defamed Corliss in legal papers when they called his stunt attempt “illegal.” (He was in fact convicted on misdemeanor charges.) The owners are suing Corliss for damages over the incident, which forced an hourlong shutdown of the observation deck. [AP]

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Critics say the U.S. government has turned down offers of state-of-the-art Gulf cleanup help from the Netherlands and other countries because it would require a waiver of the Jones Act, a union-backed law from 1920 that restricts coastwise marine trade to U.S. ships and crews. [Houston Chronicle, Mark Perry, Mike Riggs/Daily Caller] More: Keith Hennessey, via PoL, on the Bush Administration experience with Jones Act waivers after Katrina and Rita. Yet more: according to the Obama administration, waivers wouldn’t make a difference. More: Bainbridge.

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