Overlawyered » Walter Olson http://overlawyered.com Chronicling the high cost of our legal system Mon, 30 Mar 2015 04:15:43 +0000 en-US hourly 1 http://wordpress.org/?v=4.1.1 “Federal judge scolds BigLaw lawyers for ‘behemoth pleadings’ and ‘prolixity'” http://overlawyered.com/2015/03/federal-judge-scolds-biglaw-lawyers-for-behemoth-pleadings-and-prolixity/ http://overlawyered.com/2015/03/federal-judge-scolds-biglaw-lawyers-for-behemoth-pleadings-and-prolixity/#comments Mon, 30 Mar 2015 04:15:43 +0000 http://overlawyered.com/?p=52287 “A federal judge in Manhattan is ordering lawyers in a United Parcel Service lawsuit to file new pleadings that are short and plain, in keeping with Rule 8 of the Federal Rules of Civil Procedure. … UPS ‘launched its relatively straightforward claims with a sprawling 175-paragraph complaint, larded with more than 1,400 pages of exhibits,’ […]

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“A federal judge in Manhattan is ordering lawyers in a United Parcel Service lawsuit to file new pleadings that are short and plain, in keeping with Rule 8 of the Federal Rules of Civil Procedure. … UPS ‘launched its relatively straightforward claims with a sprawling 175-paragraph complaint, larded with more than 1,400 pages of exhibits,’ [U.S. District Judge William Pauley III] wrote. Lawyers for former franchisees responded with a 210-page answer with counterclaims and ‘voluminous exhibits,’ later expanded in an amended answer to a ‘breathtaking’ 303 pages that ‘brims with irrelevant and redundant allegations,’ Pauley said.” [ABA Journal]

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Crime and punishment roundup http://overlawyered.com/2015/03/crime-and-punishment-roundup-2/ http://overlawyered.com/2015/03/crime-and-punishment-roundup-2/#comments Mon, 30 Mar 2015 04:05:55 +0000 http://overlawyered.com/?p=52292 “Felony murder: why a teenager who didn’t kill anyone faces 55 years in jail” [Ed Pilkington, Guardian] Crime largely missing from urbanist discussion but might actually be more important than streetcars [Urbanophile] “So when you read ‘she pioneered the use of John Doe indictments to stop clock on statutes of limitation’, think about your alibi […]

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  • “Felony murder: why a teenager who didn’t kill anyone faces 55 years in jail” [Ed Pilkington, Guardian]
  • Crime largely missing from urbanist discussion but might actually be more important than streetcars [Urbanophile]
  • “So when you read ‘she pioneered the use of John Doe indictments to stop clock on statutes of limitation’, think about your alibi for 1983.” [@ClarkHat on Twitter]
  • “Kern County, a jurisdiction with a long unfortunate history of putting the wrong people in prison” [Radley Balko, Glenn Reynolds/USA Today on People v. Efrain Velasco-Palacios]
  • What did prisoners do to get locked up? [Robert VerBruggen/Real Clear Policy] Role of sentencing policy in growth of prison population [Dara Lind, Vox]
  • In the United Kingdom, claims of mass ritual child abuse are back [Matthew Scott, Barrister Blog; Barbara Hewson, The Justice Gap]
  • New York City bus drivers have a point: not every traffic injury implies a legal wrong [Scott Greenfield]
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    Serial complainants at the Department of Education http://overlawyered.com/2015/03/serial-complainants-at-the-department-of-education/ http://overlawyered.com/2015/03/serial-complainants-at-the-department-of-education/#comments Sun, 29 Mar 2015 14:37:17 +0000 http://overlawyered.com/?p=52310 “Complaints of discrimination to the [Department of Education’s Office for Civil Rights] have soared from 6,364 in fiscal 2009 to a record of 9,989 in the most recent fiscal year.” [Lyndsey Layton, Washington Post] Most notable sentence concerning that surging caseload: “Two individuals were responsible for filing more than 1,700 of those allegations of [education] […]

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    “Complaints of discrimination to the [Department of Education’s Office for Civil Rights] have soared from 6,364 in fiscal 2009 to a record of 9,989 in the most recent fiscal year.” [Lyndsey Layton, Washington Post] Most notable sentence concerning that surging caseload: “Two individuals were responsible for filing more than 1,700 of those allegations of [education] sex discrimination.”

    Related: how OCR acquires and uses financial leverage over academia [Hans Bader, CEI via Amy Alkon (“a bigger threat to innocent students is the massive financial risk colleges face if they do not swiftly expel accused students … Moreover, even when no court would award damages, OCR will. It has recently given itself the power to award monetary damages against colleges, even in situations where the Supreme Court’s Davis decision says damages would be inappropriate under the Constitution’s spending clause.”)]

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    “Slain basketball player’s family files suit against Dallas ISD” http://overlawyered.com/2015/03/slain-basketball-players-family-files-suit-against-dallas-isd/ http://overlawyered.com/2015/03/slain-basketball-players-family-files-suit-against-dallas-isd/#comments Sat, 28 Mar 2015 14:46:52 +0000 http://overlawyered.com/?p=52285 “The mother of slain Wilmer Hutchins basketball star Troy Causey Jr. has filed a federal lawsuit alleging that illegal recruiting practices at Dallas ISD schools led to her son’s death a year ago. … [She] alleges that coaches visited her 18-year-old son while he was in custody at Dallas County Youth Village during an eight-month […]

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    “The mother of slain Wilmer Hutchins basketball star Troy Causey Jr. has filed a federal lawsuit alleging that illegal recruiting practices at Dallas ISD schools led to her son’s death a year ago. … [She] alleges that coaches visited her 18-year-old son while he was in custody at Dallas County Youth Village during an eight-month stint there following an assault arrest and convinced him to play basketball.” Subsequently, Causey died after a beating at his residence, and a roommate who also played basketball for another Dallas school was charged with manslaughter in the case. Lawyers for the mother, Tammy Simpson, said school sports officials had helped place many players in such private living arrangements and should have known they were dangerous. [WFAA]

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    Obstruction of justice, the collectively bargained way http://overlawyered.com/2015/03/obstruction-of-justice-the-collectively-bargained-way/ http://overlawyered.com/2015/03/obstruction-of-justice-the-collectively-bargained-way/#comments Sat, 28 Mar 2015 13:20:00 +0000 http://overlawyered.com/?p=52262 Investigators tried to look into the beating of an inmate by guards at New York’s famously tough Attica prison, still remembered for a lethal 1971 uprising, but ran into trouble: “Under their union contract, corrections officers are obligated to answer questions only from their employers and have the right to refuse to talk to outside […]

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    Investigators tried to look into the beating of an inmate by guards at New York’s famously tough Attica prison, still remembered for a lethal 1971 uprising, but ran into trouble: “Under their union contract, corrections officers are obligated to answer questions only from their employers and have the right to refuse to talk to outside police agencies. State Police investigators attempted to interview 15 guards; 11 declined to cooperate.” The subsequent sending of a “Notice of Discipline” to five officers on charges of excessive force “prompted an immediate rebellion among Attica’s corrections officers, who began a by-the-book work slowdown. Such job actions are not uncommon, officials acknowledge, with the only victims being the inmates whose meals, programs and visitors are all delayed.” [Theodore Ross, New York Times, in major article on aftermath of Attica, N.Y. prison]

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    Owner sues customer over negative reviews of dog obedience business http://overlawyered.com/2015/03/owner-sues-customer-over-negative-reviews-of-dog-obedience-business/ http://overlawyered.com/2015/03/owner-sues-customer-over-negative-reviews-of-dog-obedience-business/#comments Fri, 27 Mar 2015 09:48:01 +0000 http://overlawyered.com/?p=52266 Jennifer Ujimori posted negative reviews on Yelp and Angie’s List after being dissatisfied with her experience with a Burke, Va. dog obedience class. Now the owner is suing her for damages. [Washington Post] Unlike D.C., Maryland and more than half the states, Virginia has not enacted a law (sometimes labeled “anti-SLAPP” statutes) that “allow for […]

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    Jennifer Ujimori posted negative reviews on Yelp and Angie’s List after being dissatisfied with her experience with a Burke, Va. dog obedience class. Now the owner is suing her for damages. [Washington Post] Unlike D.C., Maryland and more than half the states, Virginia has not enacted a law (sometimes labeled “anti-SLAPP” statutes) that “allow for the quick dismissal of cases a judge deems to be targeting First Amendment rights.” I’m scheduled to be a guest on Washington, D.C.’s Fox 5 (WTTG) to discuss the case around 8:30 this morning (Friday).

    Update: here’s the clip:

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    A new employer obligation to provide predictable scheduling? http://overlawyered.com/2015/03/a-new-employer-obligation-to-provide-predictable-scheduling/ http://overlawyered.com/2015/03/a-new-employer-obligation-to-provide-predictable-scheduling/#comments Fri, 27 Mar 2015 09:15:34 +0000 http://overlawyered.com/?p=52259 With no statutory authorization or track record of earlier Department of Labor involvement — not that that’s stopped them in the past — the Obama Administration’s hyper-activist Wage and Hour Division may be exploring ways to deploy the New Deal-era Fair Labor Standards Act to develop a new set of employer obligations to avoid unpredictable […]

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    With no statutory authorization or track record of earlier Department of Labor involvement — not that that’s stopped them in the past — the Obama Administration’s hyper-activist Wage and Hour Division may be exploring ways to deploy the New Deal-era Fair Labor Standards Act to develop a new set of employer obligations to avoid unpredictable scheduling demands on employees, the better to pursue work-life balance [Doug Hass, Wage and Hour Insights] Earlier on wage and hour law here.

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    Banking and finance roundup http://overlawyered.com/2015/03/banking-and-finance-roundup/ http://overlawyered.com/2015/03/banking-and-finance-roundup/#comments Fri, 27 Mar 2015 04:05:31 +0000 http://overlawyered.com/?p=51994 Administration has abused the law in mortgage lender settlements [House Judiciary hearing: Paul Larkin, Ted Frank testimony] Department of Justice official says banks may need to go much farther in informing authorities of customers who may be up to no good than just sending Suspicious Activity Reports (SARs) [Kevin Funnell] Interpol Red Notices, which among […]

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  • Administration has abused the law in mortgage lender settlements [House Judiciary hearing: Paul Larkin, Ted Frank testimony]
  • Department of Justice official says banks may need to go much farther in informing authorities of customers who may be up to no good than just sending Suspicious Activity Reports (SARs) [Kevin Funnell] Interpol Red Notices, which among other effects cut off banking access, are open to geopolitical manipulation [Ted Bromund, Weekly Standard]
  • No, Operation Choke Point hasn’t gone away, not in the slightest [Funnell, Jared Meyer/Economics21]
  • What Elizabeth Warren has done to Michael Greve’s mortgage refinance application isn’t pretty [Liberty and Law]
  • Battle over loser-pays clauses in corporate governance rages on in Delaware [Reuters]
  • “The U.S. government’s stupid tax war on expatriates” [Brett Arends, earlier on FATCA]
  • Dodd-Frank: “Wall St. attacked, Main St. wounded” [Iain Murray]
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    NLRB to help illegal workers secure visas http://overlawyered.com/2015/03/nlrb-to-help-illegal-workers-secure-visas/ http://overlawyered.com/2015/03/nlrb-to-help-illegal-workers-secure-visas/#comments Thu, 26 Mar 2015 10:08:13 +0000 http://overlawyered.com/?p=52238 All by way of the higher goal of nailing more employers [Sean Higgins, Washington Examiner; more on the National Labor Relations Board] Tags: immigration law, National Labor Relations Board

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    All by way of the higher goal of nailing more employers [Sean Higgins, Washington Examiner; more on the National Labor Relations Board]

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    My take on Young v. United Parcel Service http://overlawyered.com/2015/03/my-take-on-young-v-united-parcel-service/ http://overlawyered.com/2015/03/my-take-on-young-v-united-parcel-service/#comments Thu, 26 Mar 2015 09:47:20 +0000 http://overlawyered.com/?p=52250 Supreme Court liberals smack around the Obama Equal Employment Opportunity Commission (EEOC), even as they hand a win to a pregnancy-bias plaintiff. I’ve got a write-up at Cato at Liberty. More: Josh Blackman. Tags: EEOC, pregnancy discrimination, Supreme Court, WO writings

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    Supreme Court liberals smack around the Obama Equal Employment Opportunity Commission (EEOC), even as they hand a win to a pregnancy-bias plaintiff. I’ve got a write-up at Cato at Liberty. More: Josh Blackman.

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