From the monthly archives:

May 2011

“In a motion filed Tuesday, attorneys for Union Carbide said Circuit Judge Eddie H. Bowen neglected to notify defense lawyers that his parents had been involved in similar asbestos litigation and had settled a case against Union Carbide.” A rural Mississippi jury earlier this month returned the largest asbestos verdict in American history, $322 million, against Union Carbide and other defendants. [AP/Stamford Advocate; Jackson Clarion-Ledger] More problems with verdict: Point of Law.

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“From Winston-Salem to Nags Head, meat eaters are unable to order their burgers rare or even medium rare thanks to a state restriction that requires restaurants to cook ground beef to an internal temperature of 155 degrees Fahrenheit.” [Ben Muessig, AOL, related]

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The U.S. Department of Labor ruled in April that Prince George’s County, Maryland, in suburban Washington, had violated federal labor law by failing to reimburse immigrant teachers for visa application fees. It fined the schools $1.7 million and also ordered them to pay $4.2 million in back pay to 1,044 teachers, most of whom come from the Philippines. “If that finding stands, the system will be unable to renew any three-year visas for its foreign employees.” Many teachers are distraught about the prospect of losing their jobs and green cards, which could happen as early as next month; Charisse Cabrera “said she would rather keep her job than recoup the back pay, about $4,000 per teacher.” [Washington Post, PhilStar.com]

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Some Florida ob-gyns turn away seriously overweight patients, who face a greater risk of complications in pregnancy [Sun-Sentinel/Palm Beach Post] More: White Coat.

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No, it does not and never did authorize limitless federal power to engage in activities imagined to advance the general welfare [Roger Pilon, Cato at Liberty]

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Modern American government has been dispensing nutritional advice for quite a while, and enough of it has been misguided, erroneous or even harmful that you’d think there’d be a lesson of humility to be learned. Instead, we get a bossier-than-ever crop of new regulators like Thomas Frieden et al [Steven Malanga, City Journal]

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Also, your dust mask “does not supply oxygen,” and do not neglect to remove the safety cover from your spa before using it or you might drown. [UPI] Are English-speakers actually more likely to choke on pen caps than speakers of other languages? Nah, it’s our law [PoL]

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San Francisco’s public contracting requirements could drive both taxpayers and vendors batty: “[C]ity purchasing policies, if followed, would mean paying about $240 for getting a copy of a key that actually cost a worker $1.35 to get done at a hardware store on his break,” according to one whistleblowing employee. [SF Chronicle via Matt Welch]

Ontario: “A judge has reopened a major legal controversy by ruling that accused people can claim they were too drunk to be found culpable of committing crimes.” [Globe & Mail]

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“If the NLRB succeeds, a federal official will command a private corporation it may not produce in one place and must produce in another. Never mind what makes business sense. … And you wonder why Ayn Rand’s novel ‘Atlas Shrugged’ is selling briskly?” [Steve Chapman, D.C. Examiner] A contrasting view: Jeff Hirsch, Workplace Law Prof.

More: George Will, Hans von Spakovsky and James Sherk, related, ShopFloor.

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Well-written article about the lengthy career of one pro se litigant in Newark who has been tying up landlords and others in court for years; it took a fair bit of gumption to publish, given the tendency of many litigious persons to sue those who would expose their litigiousness to public notice. Worth careful study for the light it sheds on the difficulty our legal system so often has in bringing down the curtain on determined perennial litigants [Barry Carter, Newark Star-Ledger]

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The spurned husband is demanding $10 million on behalf of his daughter; the case is attracting some media attention because its target is the Sidwell Friends School, known for educating many in Washington, D.C.’s elite. [ABC News]

Soaring prices have lately rocked the used-car market, which — I argue in a new post at Cato at Liberty — should cast even more doubt on the wisdom of some of the federal government’s recent interventions in the auto business.

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Contractually stipulated arbitration works less poorly than the NYT editorialists seem to think — and lawyer-driven class action litigation not nearly as well [Daniel Fisher, Forbes, more]

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May 16 roundup

by Walter Olson on May 16, 2011

  • The Economist on the future of the legal business;
  • Hairpin reversals of fortune in long-running Barbie v. Bratz doll fight [Cal Biz Lit, earlier]
  • As I note in Schools for Misrule, institutional reform litigation is alive and well: Reinhardt says 9th Circuit should take over VA’s mental health efforts, Kozinski dissents [LAT, AP, The Recorder]
  • Court rejects Koch suit over spoof website posing as Koch’s to make political points [EFF, earlier]
  • “Romeo and Juliet” amendment could soften harsh Texas sex-offense laws [Lenore Skenazy] Law isn’t especially protective of teen boys persuaded to sign paternity declarations [Amy Alkon]
  • “Disney Trademarks ‘Seal Team 6′” [Atlantic Wire]
  • Great moments in human rights law: UK high court rules airplane hijackers should have been admitted to country as refugees [five years ago on Overlawyered]

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“A San Diego woman has sued the company that owns the Chuck E. Cheese’s family restaurant chain, claiming that many of the games intended for children at these locations are actually illegal gambling devices — like slot machines.” [San Diego Union-Tribune, Above the Law ("Can you imagine growing up and being known as the kid whose mom sued Chuck E. Cheese?")] For other class actions based on creative theories that something “amounts to” gambling, see this site’s reports from 1999 (Pokémon and other kids’ trading/collecting cards) and 2008 (”Deal or No Deal” TV show).

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Opelousas, Louisiana: “The attorney who filed the original desegregation lawsuit against the St. Landry Parish School Board in 1965 is seeking nearly $10 million in legal fees for his work on the case over the past 46 years.” [AP/Daily World, Baton Rouge Advocate]

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Gideon Kanner recalls how the forcible 1950s displacement of a modest Mexican community made way eventually (after the dropping of a public housing scheme) for the construction of L.A.’s baseball stadium. Some of the residents resisted: “Their principled fight became a footnote in the wretched history of eminent domain law which holds that once a condemnor acquires title to private property by eminent domain, it is not bound to put it to the ‘public’ uses for which it was taken.” ["The Curse of Chavez Ravine"]

In other eminent domain news, voters in the Indian state of West Bengal have ousted the long-ruling Communist party; a rival party “began to gain momentum when angry farmers erupted in protest against the Communist government in 2007 and 2008 after it seized farmland to set up an automobile factory.”