Chronicling the high cost of our legal system
From the monthly archives:
“What’s next? A dog food commercial?” fumed Council President David A. Franczyk, who says, as do colleagues, that they were never informed that a prominent local injury-law practice was filming a TV ad in its historic chambers [Buffalo News via WSJ]. The firm of Cellino & Barnes, which we’ve met previously on this site, says it has no plans to discontinue showing the ad despite the lawmakers’ displeasure.
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Taco Bell finds itself at odds with the EEOC. [Jon Hyman]
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At least when enforced, they send dubious signals to revelers [Scott Greenfield]
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Democrats in Sacramento are unswayed by continuing reports that Unruh Act complaint mills are extracting millions from the state’s small businesses on accessibility claims, and throttle a bill that would require notice and a chance to fix problems before suing. [Legal Pad, The Recorder, CJAC] Opponents of the fix include the trial-lawyers’ lobby, Consumer Attorneys of California. Background here; the perennially doomed equivalent bill in the U.S. Congress is discussed here. I discussed the issue on the John Stossel show last year.
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A pretty graphic depicting a not-so-pretty situation [Design Language News; more, FlowingData] Related: “When Patents Attack,” NPR; Will Wilkinson, “Patents Against Prosperity”, The Economist; “Good Defensive Patents Are Bad Patents,” Julian Sanchez.
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Former North Dakota Attorney General Nicholas Spaeth may face an uphill fight in a newly filed action alleging age discrimination in law faculty hiring, predicts Jeff Lipshaw [PrawfsBlawg, with comments]. Spaeth believes “more than 100 law schools discriminated against him by refusing to consider him for teaching jobs because of his age” despite an impressive earlier career in the law [ABA Journal]. Represented by attorney Lynne Bernabei, Spaeth has sued Michigan State and expects to add other schools as defendants. As Prawfsblawg commenters note, Spaeth’s underlying gripe may be with the overwhelmingly dominant model of law faculty hiring (reinforced by accreditation and rating pressures) in which expected future scholarly output, as opposed to, say, teaching excellence or even adequacy, tends to dominate hiring for tenured positions.
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I’ve got a few thoughts up at Cato on the case of the 11-year-old Virginia girl who tried to rescue a baby woodpecker in the back yard only to learn that possessing and transporting a migratory bird is a federal offense that carries a $500 fine and possible jail term. (& Henry Joel Simmons, Right on Crime)
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Ohio: Two men who stopped to save a woman’s life by pulling her from a flaming car are now suing her for compensation for the injuries sustained in doing so. Isn’t litigation inspiring? Doesn’t it just make you feel better about human nature? [Columbus Dispatch via Mystal/AtL]
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“A guest at a Hilton hotel in Santa Rosa who was upset that he was billed 75 cents for a newspaper he assumed was free has filed a federal class-action lawsuit against the hotel chain, saying he was deceived by a scheme that also hurts the environment.” [San Francisco Chronicle] More: Jeff Bercovici, Forbes.
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“He disrespected me” is a frequent but never acceptable motive for misbehavior, particularly unlovely when found among public servants and protectors [Coyote]
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The once-envied Connecticut economy may be headed in that direction should its lawmakers continue to pile new burdens onto the state’s employers, or so I argue in my new Cato post.
Horrifying Seattle Times investigation:
For a quarter century [Stuart] Greenberg testified as an expert in forensic psychology, an inscrutable field with immense power. Purporting to offer insight into the human condition, he evaluated more than 2,000 children, teenagers and adults. His word could determine which parent received custody of a child, or whether a jury believed a claim of sexual assault, or what damages might be awarded for emotional distress. …
His peers elected him their national president. But his formidable career was built upon a foundation of hypocrisy and lies.
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The endless ramifications of Dodd-Frank: lawsuits following nonbinding shareholder resolutions on executive pay should be interpreted not as expressions of shareholder discontent but as moneymaking ventures by certain sectors of the bar, argues T.K. Kerstetter at Board Member (via Bainbridge
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Individual liberty, free markets, and peace: the world's premier libertarian think tank. Publishes Cato at Liberty, where I blog on contemporary policy issues.