New obligations and liabilities for employers, as catalogued by the law firm of Ogletree Deakins.
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From the monthly archives:
July 2010
Scott Greenfield relates the case of a California woman who found it only too easy to engineer criminal charges over fictitious harassment. “Notice that it was left to the defendants to investigate? That’s because the police already had their perps in custody. … It really can’t be this easy for someone to hatch a scheme and use the machinery of the legal system to her own advantage.” [Orange County Register]
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Advocates have been hawking the ban in the state legislature as a tenant protection measure. To their dismay, however, Gov. Paterson has signaled that he intends to veto the bill. [NYT, earlier] The Times travel section had a story over the weekend praising the new kind of “Social B&B” arrangement as a welcome travel bargain, but the newspaper does not seem to have realized that there is any connection between its two articles.
Years ago I promised myself that I’d stop wading into comments sections, but my breach of that promise today in a trial-lawyer blog attacking me for pointing out the truth about the bogus Toyota sudden acceleration claims might amuse some readers, and I might as well get a post out of it.
“Are not companies obligated to make the safest vehicle possible?”
The safest vehicle possible is a Sherman tank with a restrictor plate preventing it from exceeding 1 mph, so the answer to your question is “no”—though certainly trial lawyers have an interest in asking you to think manufacturers are doing something wrong when they don’t.
“Until Toyota can identify the exact cause of these accidents (besides the too-convenient driver error) anything and everything is in question and must be investigated.”
I look forward to you writing NHTSA and demanding they investigate if invisible vampires are causing elderly drivers to hit the wrong pedal. After all, anything and everything is in question, and you reject Occam’s Razor when it comes to an alleged electronic defect that simultaneously causes three separate systems to malfunction six times more often for elderly drivers than non-elderly drivers, so why not demand an investigation of the equally unlikely invisible-vampire problem as long as you’re rejecting science?
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The test case in the city of Muenster has German municipal officials worried about busted budgets. [Guardian, Telegraph] So-called “don/doff” lawsuits have been a pretty big deal in our own employment law in recent years, although, as our 2008 report from Arkansas indicates, they don’t always have the support of the putative victims.
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I’m quoted in the Times (UK) on lawyers’ binge of client-chasing in the Gulf, and the legacy of “home cooking” that can make it hard for outside defendants to be treated fairly in that part of the country [reprinted in The Australian]
Daniel Schwartz doesn’t think much of this private venture.
P.S. A moving target, it seems.
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Larry Ribstein is not impressed with the $550 million settlement: “the SEC got a big payday in what would have been seen as a strike suit had it been a private securities class action lawyer.” [Truth on the Market]
I called the lab, got the quote and did the math. CPSIA-mandated testing costs for my little product line was over $27,000 for just over $30,000 worth of product. I cannot express the horrible feeling I had when I realized that I had made a mistake that was going to cost my family all of our money. …
I blame every one of the Energy and Commerce legislative staffers.
– Jolie Fay, crafter, SkippingHippos.com, guest post, AmendTheCPSIA.com
PUBLIC DOMAIN IMAGE from Ethel Everett, illustrator, Nursery Rhymes (1900), courtesy ChildrensLibrary.org.
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George Leef at The Freeman newly reviews my book on the abuse of mass litigation from a few years back. “Well-researched and deliciously written” — thanks!
Paging Lenore Skenazy! “Courts are rewarding ‘intensive parenting’ and making it a legal standard, particularly in custody disputes, two law professors say in a paper that will be published in the U.C. Davis Law Review.” Gaia Bernstein (Seton Hall) and Zvi Triger (College of Management School of Law, Israel) say custody law rewards parents for greater involvement in their kids’ lives even if it amounts to over-involvement. “In tort cases, courts are narrowing or eliminating the parental immunity doctrine and creating the potential for judgments against parents for inadequate parental supervision.” [ABA Journal, "Over-Parenting" on SSRN; Prawfsblawg]
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The plaintiffs said to avoid embarrassment, they consented to the broadcast of their extreme beer-pong skills only in Denmark. Unfortunately, the ad went viral. [THR, Esq.]
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After a storm of criticism, Ingrid Betancourt withdrew her request for money from the government of Colombia, which launched a commando operation that rescued her from FARC guerrillas in 2008 after a six-year captivity. [Guardian, Moynihan/Hit and Run]
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Rona Mohammedi is now suing Somerset Medical Center in New Jersey because it told her only male ER technicians would be available to check whether her severe chest pains were the result of a heart attack. [Newark Star-Ledger, White Coat]
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There are lots of them tucked into the bill, and they will probably come at a significant cost for companies in the economy’s financial sector, as I explain in a new post at Cato at Liberty (earlier; more on qui tam and whistleblower matters more generally).
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The Texas Supreme Court applies skepticism to the theories of a plaintiff’s expert witness in a suit against Wal-Mart. [Wajert; Wal-Mart Stores Inc. v. Merrell, No. 09-0224 (Tex. 6/18/10), PDF]
“If the event was held in America the bull would be in the back of a pickup truck going five miles an hour, and all the runners would have to wear helmets. The bull would wear a helmet.” [Ricochet.com]
During the long series of scandals that brought down former tort potentate Richard (”Dickie”) Scruggs, of tobacco-asbestos-Katrina-mass tort fame, no blogger achieved the status of “must” reading more consistently than David Rossmiller of Insurance Coverage Blog. Now Alan Lange of Mississippi site YallPolitics (and co-author of Kings of Tort, a book on the scandal) has posted a massive document dump of emails between the Scruggs camp and its public relations agency, as made public in later litigation (see also). It shows the principals:
* boasting of their success in manipulating major media outlets to inflict bad publicity on the targets of Scruggs’s suits;
* plotting ways of striking back against critics — in particular, Rossmiller — with tactics including going after him with legal process, as well as creating fake commenters and whole blogs to sow doubt about his reporting;
* wondering who they might pay to secure “Whistleblower of the Year” awards, or something similar, for their clients;
* apparently oblivious, just days before the fact, as to how the ceiling was going to cave in on them because of Judge Henry Lackey’s willingness to go to law enforcement to report a bribe attempt from the Scruggs camp.
The whole set of documents, along with Rossmiller’s summary and reaction, really must be seen to be believed. It will easily provide hours of eye-opening reading, both for those who followed the Scruggs affair in particular, and for everyone interested in how ambitious lawyers manipulate press coverage to their advantage — and how they can seek to use the law against their blogger critics. (& welcome readers from Forbes.com and Victoria Pynchon’s “On the Docket” column there).
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