Overlawyered http://overlawyered.com Chronicling the high cost of our legal system Wed, 22 Oct 2014 04:05:16 +0000 en-US hourly 1 http://wordpress.org/?v=4.0 Liability roundup http://overlawyered.com/2014/10/liability-roundup-3/ http://overlawyered.com/2014/10/liability-roundup-3/#comments Wed, 22 Oct 2014 04:05:16 +0000 http://overlawyered.com/?p=48506 How legal doctrine changes in a state-based system: “The Diffusion of Innovations in Tort Law” [Kyle Graham] Are courts growing (appropriately) disillusioned with cy pres? [James Beck and Rachel Weil, WLF; Beck, D&DL, on Redman v. RadioShack] “Asbestos lawyers want $2.5 million for losing fight to keep Garlock records sealed” [@DanielDFisher on Legal NewsLine report] […]

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  • How legal doctrine changes in a state-based system: “The Diffusion of Innovations in Tort Law” [Kyle Graham]
  • Are courts growing (appropriately) disillusioned with cy pres? [James Beck and Rachel Weil, WLF; Beck, D&DL, on Redman v. RadioShack]
  • “Asbestos lawyers want $2.5 million for losing fight to keep Garlock records sealed” [@DanielDFisher on Legal NewsLine report] “Third Circuit rules against plaintiff who ‘just knew’ asbestos was used in Navy vessels” [Heather Isringhausen Gvillo, LNL]
  • Eric Alexander on the runaway $9 billion Actos verdict [Drug and Device Law, citing Dr. David Kessler, former FDA chief, as "plaintiff's mouthpiece"; earlier on Actos/Takeda case]
  • “Third-Party Bad Faith Claims Add $800M to Florida Auto Insurance Costs: IRC” [Insurance Journal]
  • Discussion of proposals to change contributory negligence for bicyclists in D.C., mucho comments [Greater Greater Washington]
  • “Missouri Supreme Court Invalidates State’s Legislative Cap on Punitive Damages” [Mark Behrens]
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    It’s an emotional-support alpaca, so let us in http://overlawyered.com/2014/10/emotional-support-alpaca-let-us/ http://overlawyered.com/2014/10/emotional-support-alpaca-let-us/#comments Tue, 21 Oct 2014 09:35:46 +0000 http://overlawyered.com/?p=48992 Author Patricia Marx decided to brazen her way through New York restaurants, museums, high-end fashion shops, and other institutions with five “un-cuddly, non-nurturing animals” such as a turtle, snake, and turkey, and some therapist paperwork that was easy enough to procure. [New Yorker] Aside from writing hilariously, she’s well informed about the Americans with Disabilities […]

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    Author Patricia Marx decided to brazen her way through New York restaurants, museums, high-end fashion shops, and other institutions with five “un-cuddly, non-nurturing animals” such as a turtle, snake, and turkey, and some therapist paperwork that was easy enough to procure. [New Yorker] Aside from writing hilariously, she’s well informed about the Americans with Disabilities Act interplay:

    Why didn’t anybody do the sensible thing, and tell me and my turtle to get lost? The Americans with Disabilities Act allows you to ask someone with a service animal only two questions: Is the animal required because of a disability? What work or task has the animal been trained to perform? Specific questions about a person’s disability are off limits, and, as I mentioned, people are baffled by the distinction between service animals and emotional-support animals.

    Len Kain, the editor-in-chief of dogfriendly.com, a Web site that features pet-travel tips, said, “The law is fuzzy. If you ask one too many questions, you’re in legal trouble for violating the Americans with Disabilities Act and could face fines of up to a hundred thousand dollars. But, if you ask one too few questions, you’re probably not in trouble, and at worst will be given a slap on the wrist.”

    We’ve been tracking the issue of real and imagined service animals for a long time.

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    Deed transfer theft in New York City http://overlawyered.com/2014/10/deed-transfer-theft-new-york-city/ http://overlawyered.com/2014/10/deed-transfer-theft-new-york-city/#comments Tue, 21 Oct 2014 04:15:04 +0000 http://overlawyered.com/?p=48990 Horror story in Queens points up flaws of the city’s deed-transfer system, and also of its pro-tenant housing court regime: “After Darrell Beatty failed to appear in August, a judge approved an eviction, but it was stayed last week when Beatty claimed he had health problems.” [New York Post] Tweet Tags: fraud, landlord tenant law, […]

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    Horror story in Queens points up flaws of the city’s deed-transfer system, and also of its pro-tenant housing court regime: “After Darrell Beatty failed to appear in August, a judge approved an eviction, but it was stayed last week when Beatty claimed he had health problems.” [New York Post]

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    Politics roundup http://overlawyered.com/2014/10/politics-roundup-13/ http://overlawyered.com/2014/10/politics-roundup-13/#comments Tue, 21 Oct 2014 04:05:45 +0000 http://overlawyered.com/?p=48701 Texas trial lawyer lobby has attacked Greg Abbott on theme of his accident for years without success, Wendy Davis would have been smarter to tell ‘em no [Politico] Wondering about ObamaCare rate hikes? You’ll get to find out right after the election [Washington Times] “Four more years of ‘pay-to-play’ if DeWine returns as Ohio AG, […]

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  • Texas trial lawyer lobby has attacked Greg Abbott on theme of his accident for years without success, Wendy Davis would have been smarter to tell ‘em no [Politico]
  • Wondering about ObamaCare rate hikes? You’ll get to find out right after the election [Washington Times]
  • “Four more years of ‘pay-to-play’ if DeWine returns as Ohio AG, says Dem challenger” [LNL]
  • Blades concealed? Environmental group’s Iowa, Colorado attack ads play bad cop to wind lobbyists’ good cop [Tim Carney]
  • “W.Va. trial lawyers’ campaign donations near $600K” [W.V. Record]
  • With all the serious issues in the Maryland governor’s race, what’s this guy doing writing a parody song about Anthony Brown’s “Frederickstown” gaffe? [Free State Notes]
  • “Dear Trial Lawyer Colleague, One of our own, Bruce Braley, is in the fight of his life” [Joel Gehrke, earlier]
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    Cop fired after falling asleep on job wins nearly $1M http://overlawyered.com/2014/10/cop-fired-falling-asleep-job-wins-nearly-1m/ http://overlawyered.com/2014/10/cop-fired-falling-asleep-job-wins-nearly-1m/#comments Mon, 20 Oct 2014 13:24:28 +0000 http://overlawyered.com/?p=48968 Kansas: “A federal jury Tuesday awarded a former McPherson police officer who was found sleeping on duty almost $1 million in wages and damages. Matthew B. Michaels alleged the city violated his civil rights, the Americans with Disabilities Act, the Family Medical Leave Act and the Kansas Wage Payment Act. He was fired from the […]

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    Kansas: “A federal jury Tuesday awarded a former McPherson police officer who was found sleeping on duty almost $1 million in wages and damages. Matthew B. Michaels alleged the city violated his civil rights, the Americans with Disabilities Act, the Family Medical Leave Act and the Kansas Wage Payment Act. He was fired from the McPherson Police Department in July 2012. Michaels said he was discriminated against because of a sleep apnea disability.” [McPherson Sentinel]

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    Pa. jury: inadequate curve signage partly at fault http://overlawyered.com/2014/10/pa-jury-inadequate-curve-signage-partly-fault/ http://overlawyered.com/2014/10/pa-jury-inadequate-curve-signage-partly-fault/#comments Mon, 20 Oct 2014 09:32:42 +0000 http://overlawyered.com/?p=48966 Wilkes-Barre, Pennsylvania: “A jury in a Luzerne County civil case ruled that PennDOT was partially responsible for a deadly crash in 2011 that killed a 15-year-old girl, even though the driver of the SUV was driving at roughly twice the speed limit and did not have a driver’s license.” While the driver admitted he was […]

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    Wilkes-Barre, Pennsylvania: “A jury in a Luzerne County civil case ruled that PennDOT was partially responsible for a deadly crash in 2011 that killed a 15-year-old girl, even though the driver of the SUV was driving at roughly twice the speed limit and did not have a driver’s license.” While the driver admitted he was going nearly 90 miles an hour when he lost control, the family’s lawyer “told jurors in closing arguments that PennDOT’s own manuals showed Suscon Road needed more so-called chevron signs that reflect light and warn of an upcoming sharp curve.” [WNEP]

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    Schools roundup http://overlawyered.com/2014/10/schools-roundup-20/ http://overlawyered.com/2014/10/schools-roundup-20/#comments Mon, 20 Oct 2014 04:38:55 +0000 http://overlawyered.com/?p=48765 Oklahoma school district agrees to pay survivors of teen who drove drunk [Tulsa World] “The Evidence on Universal Preschool” [David Armor, Cato] Things you can hit with a Title IX complaint for doing: fighting academic boycott of Israel [Ben-Atar, Tablet] “It may take the fun and spontaneity out of sex, but I don’t care. That’s […]

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  • Oklahoma school district agrees to pay survivors of teen who drove drunk [Tulsa World]
  • “The Evidence on Universal Preschool” [David Armor, Cato]
  • Things you can hit with a Title IX complaint for doing: fighting academic boycott of Israel [Ben-Atar, Tablet]
  • “It may take the fun and spontaneity out of sex, but I don’t care. That’s for the kids to worry about.” [Ron Kuby quoted in WSJ via Hans Bader; earlier on affirmative consent]
  • Jason Bedrick on lawsuits against school choice [Cato]
  • “The Left/Right Alliance That Legalized Homeschooling” [Jesse Walker, Reason]
  • Kid safety mania: “I suggest just keeping children in large jars until they’re 40.” [Amy Alkon]
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    Pennsylvania bill would enable victims to sue offender for reopening anguish http://overlawyered.com/2014/10/pennsylvania-bill-enable-victims-sue-offender-reopening-anguish/ http://overlawyered.com/2014/10/pennsylvania-bill-enable-victims-sue-offender-reopening-anguish/#comments Sun, 19 Oct 2014 13:52:12 +0000 http://overlawyered.com/?p=48956 Both houses of the Pennsylvania legislature have passed and sent to Gov. Tom Corbett a bill “allowing judges to issue injunctions, or grant any other ‘appropriate relief’ if there is ‘conduct’ by a criminal ‘offender’ that ‘perpetuates the continuing effect of the crime on the victim.” Such an effect is specified to include, though it […]

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    Both houses of the Pennsylvania legislature have passed and sent to Gov. Tom Corbett a bill “allowing judges to issue injunctions, or grant any other ‘appropriate relief’ if there is ‘conduct’ by a criminal ‘offender’ that ‘perpetuates the continuing effect of the crime on the victim.” Such an effect is specified to include, though it is not limited to, a “temporary or permanent state of mental anguish.” The “revictimization remedy” bill, S. 508, is apparently aimed at providing a way to go after a much-cooed-over convicted cop-killer for delivering recorded speeches at college campuses, to the distress of the family of the policeman he shot; Paul Alan Levy describes the bill’s use of the word “conduct” as a “fig leaf” for its intent to restrict speech. What Levy calls the “exceptional breadth” of the bill’s language could imperil or chill a wide range of other activity that might tread on victims’ feelings, such as campaigns to rally public opinion against a conviction or in favor of clemency. The bill, Levy says, “threatens to make Pennsylvania a national laughing stock.” [Consumer Law & Policy; Fox News; NBC Philadelphia; more, Joel Mathis, Philadelphia mag] More on the ever-popular “victims’ rights” cause from Steve Chapman and Roger Pilon.

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    Louis Menand on copyright http://overlawyered.com/2014/10/louis-menand-copyright/ http://overlawyered.com/2014/10/louis-menand-copyright/#comments Sat, 18 Oct 2014 12:13:46 +0000 http://overlawyered.com/?p=48929 At the New Yorker. Tweet Tags: copyright

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    At the New Yorker.

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    In Fairfax police shooting, still no word http://overlawyered.com/2014/10/fairfax-police-shooting-still-word/ http://overlawyered.com/2014/10/fairfax-police-shooting-still-word/#comments Sat, 18 Oct 2014 11:25:02 +0000 http://overlawyered.com/?p=48934 It’s been more than a year since police shot John Geer, and the Fairfax department still won’t release the name of the officer who killed him. This has all been happening in the national media’s own backyard, the suburbs of Washington, D.C. [Robert McCartney, WaPo] In Ferguson, Mo., a delay of several days in releasing […]

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    It’s been more than a year since police shot John Geer, and the Fairfax department still won’t release the name of the officer who killed him. This has all been happening in the national media’s own backyard, the suburbs of Washington, D.C. [Robert McCartney, WaPo] In Ferguson, Mo., a delay of several days in releasing the name of the officer who shot Michael Brown was among the grievances that set off protests and confrontations that made world news; yielding to pressure from police associations and unions, many departments have adopted policies against releasing the names of officers involved in shootings either for an initial period or even indefinitely while an investigation remains open. Writes Alexander R. Cohen: “We’ve seen more patriotism from the people of Ferguson than from the people of Fairfax on this issue.”

    P.S. Also, from Slate Star Codex, how Ferguson turned into a Referendum on Everything.

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