A judge has ruled that an elderly Manhattan woman can sue her landlord and a guide-dog provider over a fall she suffered on a step at her building. Gloria Clark argues that her earlier guide dogs had always guided her around a dangerous step over 26 years of living in the building but that while she was auditioning a new guide dog the dog’s trainer did not properly take care against the hazard. [New York Daily News]
Tagged as:
service animals,
slip and fall
The Los Angeles suburb claims it adopted the ban because of dangers posed by chemicals, toxins and plastics present in artificial turf. Might there perhaps be an alternative motive, that of policing residents’ aesthetic taste in landscaping? Well, the ban applies only to front yards: “When asked why the fake grass would continue to be allowed in backyards, officials had no answer.” [CBS Los Angeles]
Tagged as:
land use and zoning,
Los Angeles
No wonder a Long Island University professor thinks so: the Christmas ditty spins a grim account of name-calling and game-exclusion and then gives it all an inappropriately “happy” conclusion, thus distracting us from the need for massive therapeutic and social intervention. [KDKA](& Althouse)
P.S. And let’s not even get into “Baby It’s Cold Outside,” “known as the Christmas Date Rape Song” [Ann Althouse]
Tagged as:
bullying,
Christmas and other holidays
- Steve Chapman on FDA salt reduction initiative [Tribune/syndicated] Canada: “Health minister takes sodium-reduction plan off the table” [Calgary Herald] Flashback: FDA holds first hearing on regulating salt content in food [2007, Medical News Today] Discussion of my piece last week [Adler/Volokh, Instapundit]
- More on McDonald’s sidestepping of San Francisco would-be Happy Meal ban [Fair Warning, earlier; background here, here, here, here, etc.]
- “Caveat Venditor: Cottage Food Laws Great in Theory, Often Less So in Practice” [Baylen Linnekin of pro-freedom Keep Food Legal, who guestblogged at Reason last week]
- Rather than get government out of way, left’s farm bill (”Local Farms, Food and Jobs Act”) would cut small/local/organic growers in on more USDA programs [Obama Foodorama, Linnekin]
- Good riddance to monopoly powers of the Canadian Wheat Board [CBC]
- Texas now allows home bakers to sell their wares [Austin Chronicle via @pointoflaw]
- Widespread opposition to new Department of Labor proposal to ban kids from much work on farms [Nebraska Outback]
Tagged as:
agriculture and farming,
Canada,
McDonald's,
salt,
small business
- Debate on medical malpractice between Ted Frank (Manhattan Institute) and Shirley Svorny (Cato Institute) [PoL]
- Lawyers, accountants have done well from litigation-ridden Pearlman Ponzi aftermath [Orlando Sentinel]
- Book drop “inherently dangerous”, says rape victim’s family suing library designers [Florida, LISNews]
- “The iTunes Class Action Lawsuit You’ll Never Hear About”[NJLRA] “Jackson v. Unocal – Class Actions Find a Welcome Home in Colorado” [Karlsgodt]
- Another tot accused of sexual harassment, this time a first grader [Boston Herald, earlier (six year old's "assault")]
- Profile of lawyer who defends fair use of clips for documentary makers [ABA Journal]
Tagged as:
Apple,
bankruptcy,
Florida,
harassment law,
medical malpractice,
movies film and videos
“Washington [the state] is getting hit with so many lawsuits over budget cuts that it’s not clear at times who controls the state’s purse strings: lawmakers or the court system. … Overall, the state has been sued more than a dozen times because of cuts lawmakers made in recent years to curtail state spending and balance the budget.” A spokesman for the Service Employees International Union (SEIU), one of the groups suing the state over cuts, describes program cuts as “violating people’s rights” and says the state should raise revenue if it doesn’t want to be sued. [Seattle Times] (& Bainbridge).
Tagged as:
labor unions,
public employment,
taxpayers,
Washington state
As part of its revision of its influential Diagnostic and Statistical Manual, the American Psychiatric Association is proposing to lower diagnostic thresholds for some conditions and recognize other entirely new (and sometimes controversial) disorders. That will have implications for the coverage of the Americans with Disabilities Act and other laws, as I explain in a new post at Cato at Liberty. (& Alkon)
Tagged as:
disabled rights,
psychiatry
Bill Lerach is a big cheese again and doesn’t mind who knows it. [Examiner]
Tagged as:
Bill Lerach
- TSA: design of gun on purse is “replica gun” [Radley Balko]
- “Note: Before Attaching Ankle Monitor, Make Sure Leg Is Real” [Lowering the Bar]
- “Harm to others” rationale seems to fall by wayside as Boston bans workplace use of e-cigarettes [Jacob Sullum]
- “Should legislation protect the obese?” [NYT "Room for Debate"]
- German town drops charges against Pope Benedict XVI for failure to wear seat belt in Popemobile [WaPo, Lowering the Bar, Irish Times]
- Ninth Circuit agrees to review litigation seeking court takeover of vets’ mental care [SFChron, WSJ Law Blog, earlier]
- The shaky science of “shaken baby syndrome” [Pfaff, Prawfs, ABA Journal, earlier here, here] Jerry Brown should pardon dubiously convicted grandmother [Emily Bazelon, Slate]
Tagged as:
Boston,
Catholic Church,
Germany,
guns,
obesity,
seatbelts,
tobacco
- More on prosecution of “jury nullification” activist Julian Heicklen [Brian Doherty, Tim Lynch/Cato, earlier]
- Age-bias litigant who complained about 88 year old judge is reassigned same judge [NYDN via Ellie K., earlier]
- Court certifies Nutella class action [Russell Jackson, earlier here and here]
- D.C. agency dismisses Banzhaf’s complaint about single-sex dorms at Catholic U. [Caron, earlier]
- After SCOTUS decision in Brown v. Plata, L.A. faces possible release of thousands of inmates [PoL, earlier here, here and here, Federalist Society panel]
- Cautionary tale of star attorney Stanley Chesley [Corporate Counsel] Ken Feinberg, Harvey Pitt back off expert avowals in Chesley cases [Robert Ambrogi] Judge Bamberger disbarred in Kentucky fen-phen scandal [ABA Journal]
- Texas doctor will surrender license in case where nurses faced false criminal charges [PoL, earlier]
- Mistrial in case of New Jersey lawyer Paul Bergrin [Star-Ledger, earlier]
Tagged as:
age discrimination,
jury nullification,
Kentucky fen-phen settlement fraud,
prisoners
Next up, regicide on the chessboard? “One of the world’s largest and most respected humanitarian groups … is investigating whether the Geneva and Hague conventions should be applied to the fictional recreation of war in video games.” [Kotaku]
Tagged as:
international human rights
- Talking back to the “malpractice litigation is no big deal, docs should grin and bear it” theorists [David Sack, ACP via White Coat] “Worst states for medical malpractice risk” [White Coat]
- Jury awards $25 million against hospital that didn’t file abuse report after boy came in with broken wrist [Fayetteville, N.C. Observer]
- “Doctors Question Disability Decisions as Agency Moves to Speed Up Process” [WSJ via Walter Russell Mead]
- New “Federalist Society equivalents” in medicine (Benjamin Rush Society), business, foreign affairs [John J. Miller, Philanthropy]
- Fieger wins $144 million verdict blaming hospital for newborn’s cerebral palsy [suburban Detroit Tribune]
- Feds force birth control coverage on Catholic organizations, and free association suffers [Roger Pilon, Cato]
- Phone call from doc to patient’s home did not establish subsequent jurisdiction to sue there [Madison County Record] NY steps up program to streamline courts’ handling of med-mal claims [WSJ]
Tagged as:
child abuse,
Federalist Society,
Geoffrey Fieger,
hospitals,
medical malpractice,
New York
