Posts tagged as:

airlines

Disabled rights roundup

by Walter Olson on January 13, 2014

  • “US Airways has agreed to pay $1.2 million in fines because it provided inadequate wheelchair service at the Charlotte and Philadelphia airports” [Charlotte Observer, USA Today; on abuses of the right to request wheelchair service at airports, see links in our post last May] Support animals on airplanes, cont’d [NYT]
  • In New York, indefinite leave of absence may be deemed a reasonable accommodation that employer is obliged to grant [Erin McPhail Wetty, Seyfarth] Per Second Circuit in NYC case, timely attendance not essential job function [Mark Kittaka, Barnes & Thornburg]
  • US disability rate fell 25 percent between 1977-87, then more than doubled [Tad DeHaven, Cato via Bryan Caplan] Has a Kentucky attorney found holes in the SSDI system? [Jillian Kay Melchior]
  • Per EEOC, employer may be obliged to grant employee’s request to work from home as reasonable accommodation [Johanna Wise, Seyfarth]
  • Lawprof suspended for allegedly yelling at subordinates sues under ADA [Althouse, Above the Law]
  • “None of the people who complained had even been into the store” [San Diego Reader]
  • And yet more from EEOC: employer “integrity testing” meant to assess applicants’ honesty, trustworthiness and dependability can run afoul of disabled-rights law [link]

“Should we have a federal law against talking on the phone in restaurants? … If the flying public hates phone calls so much, airlines can be expected to prohibit them. The government does not need to get involved.” [Josh Barro, Business Insider; Ira Stoll]

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The airline has “dropped its threat to sue a local TV station” after a much-forwarded on-air gaffe [Will Kane, SFGate; Erik Wemple, WaPo (calling threat "idiotic")]

More: meanwhile, the TV station appears to be using copyright takedowns to get the offending video removed from YouTube [Matthew Keys]

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Why they might not work to the overall benefit of child safety [Adam Sandberg, CEI "Open Market"]

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Free speech roundup

by Walter Olson on January 18, 2013

  • Spirit Airlines v. DOT: “Government Can’t Silence Speech Criticizing Its Actions, Even If That Speech Is ‘Commercial’” [Ilya Shapiro/Sophie Cole, Cato]
  • Virginia Supreme Court speedily rejects prior restraint against Yelp review [Paul Alan Levy, Volokh, earlier]
  • Why schools crack down on speech [Hans Bader]
  • “Mann v. Steyn — CEI SLAPPs Back” [Adler, earlier]
  • Hellhole jurisdictions? “The seven countries where the state can execute you for being atheist” [Max Fisher, WaPo] “Egyptian court sentences Christian family to 15 years for converting from Islam” [FoxNews] Pakistan mob burns man accused of desecrating Koran alive [Reuters] And see, via Volokh, blasphemy penalties from Tunisia (seven years for posting Mohammed cartoons) and Egypt.
  • “Congressman-Elect Kerry Bentivolio Sued Me For Calling Him a ‘Deadbeat Santa’” [Mike Betzold, Deadline Detroit]
  • UK government agrees to rollback of law criminalizing insults [Telegraph, Independent]

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Public employment roundup

by Walter Olson on November 5, 2012

Choire Sicha at The Awl reports on the latest doings of New York attorney and emerging Overlawyered favorite Kenneth Mollins, seen earlier here and here.

Disabled rights roundup

by Walter Olson on February 21, 2012

  • ADA mills continue to extract money from California small businesses with no legislative relief in sight [Auburn Journal, Andrew Ross/S.F. Chronicle, KABC (James Farkus Cohan), WTSP (Squeeze Inn owner speaks out), CJAC (Lungren proposal) and more, Chamber (San Francisco coffee shop's woes, auto-plays video)] Profile of attorney Thomas Frankovich [California Lawyer];
  • EEOC sues employer for turning away job applicant on methadone program [Jon Hyman]
  • “Maryland high court: allergy is disability requiring accommodation” [PoL]
  • “Suits could force L.A. to spend huge sums on sidewalk repair” [Los Angeles Times]
  • Under gun from Department of Justice and SCOTUS Olmstead ruling, Virginia and other states agree to massive overhaul of services for developmentally disabled; not all families, though, are happy with the insistence on relocating residents of large facilities to smaller “community” settings [Richmond Times-Dispatch, McDonnell press release, Norfolk Virginian-Pilot, Staunton News-Leader]
  • “New Case from W.D. Tex. Shows Effect of ADAAA on Back Injury Claims” [Disability Law]
  • Lawyer leads effort to give disabled passengers wider rights to sue airlines [Toledo Free Press]

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February 6 roundup

by Walter Olson on February 6, 2012

  • “A 4-Page Playdate Waiver? Is This the New Normal?” [Lenore Skenazy, Free-Range Kids; our 2000 post on "Rise of the High-School Sleepover Disclaimer"]
  • Spirit Airlines sets what it calls DOTUC fee, for “Dept. of Transportation Unintended Consequences” [Stoll]
  • How fairly are fathers treated in family court? [Nina Shapiro, Seattle Weekly via Alkon]
  • “‘Insider’ Trading by the Representative Plaintiff in Shareholder Litigation” [Bainbridge]
  • “Donation controversy focuses attention on Madison County asbestos litigation” [St. Louis Post-Dispatch, Chamber-backed LNL]
  • Update: Appeals court reinstates Duluth doc’s defamation claims [DNT, earlier here, here, here; "bedside manner" criticism]
  • U.K.: “‘Psychic’ Sally Morgan Sues Critics for £150,000 After Refusing $1 Million to Prove Her Powers” [D.J. Grothe, HuffPo] “She’ll be calling witnesses such as ‘an uncle, or father, or a man… with a b in his first name’.” [@thegagthief]

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January 31 roundup

by Walter Olson on January 31, 2012

  • Latest of periodic Towers Watson (formerly Towers Perrin/Tillinghast) surveys: tort costs fell in 2010 excluding oil spill liability [Towers Watson]
  • “Will Newt Neuter the Courts?” [James Huffman, Defining Ideas] Obama’s high court appointees are fortunately friendlier toward civil liberties than he is [Steve Chapman]
  • Unanimous Cal Supremes: companies not legally responsible for other companies’ asbestos products used as replacement for theirs [Cal Biz Lit, Jackson, Beck, Mass Tort Prof]
  • Claim: jurors considered policy implications of verdict and you can’t have that [On Point; defense verdict in Baltimore, Maryland school-bullying case]
  • Airfare display mandate: “‘Protecting’ Consumers from the Truth About the Cost of Government” [Thom Lambert, TotM]
  • Critical assessment of AP-backed new copyright aggregator “NewsRight” [Mike Masnick] Promises not to be “Righthaven 2.0″ [Cit Media Law]
  • Restatement (Third) of Torts drafters vs. Enlightenment scientific views of causation [David Oliver in June]

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“An Oregon man who was flying home from the Minneapolis-St. Paul airport pleaded with a Delta Airlines flight attendant about the ‘extreme discomfort’ he was enduring because of a loud noise during the nearly four-hour flight.” Kent Neilson says he suffered permanent hearing loss and tinnitus and wants $2 million. [Oregonian]

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November 22 roundup

by Walter Olson on November 22, 2011

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The Washington Post reports further developments on a regulatory-backfire story aired in this and many other places nearly two years ago.

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Attorney Harry Marsh and his fiancée, Kaitlin Rush, are “suing AirTran Airways, claiming they saw cockroaches coming out of air vents and storage areas on a recent flight and that attendants ignored their concerns…. They’re suing for more than $100,000, plus the price of their tickets.” The airline denies some of the allegations in the suit and says it takes precautions against bugs. [Charlotte Observer]

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From Canada’s National Post:

The Federal Court of Canada on Wednesday ordered Air Canada to pay $12,000 to Ottawa French-language rights crusader Michel Thibodeau in part because when he asked an English-speaking flight attendant for 7Up in May 12 of 2009, he got Sprite.

“The applicants’ language rights are clearly very important to them and the violation of their rights caused them a moral prejudice, pain and suffering and loss of enjoyment of their vacation,” Justice Marie-Josee Bedard wrote in her judgment.

The bulk of the lawsuit, filed by a frequent language-law litigant, contended that the airline failed to assign French-speaking flight attendants to several flights and failed to make a baggage announcement in French despite a federal law requiring alternative-language use “where there is significant demand for those services in the minority language and where it is warranted by the nature of the office or facility.”

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Hoping to ride for free, 16-year-old Delvonte Tisdale stowed away in the landing gear of a US Airways flight but fell to his death in the Boston area. Now his family is suing, represented by Florida attorney Christopher Chestnut, who argues that the lad “should never have successfully gained access to that airplane. Had airport security been up to par, he would be alive and well with his family today.” [Boston Globe and more via TortsProf, BoingBoing]

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November 26 roundup

by Walter Olson on November 26, 2010

  • Reason TV interviews Richard Epstein;
  • On the SEC’s big new “insider trading” sweep [Ribstein, Bainbridge, Lambert, Salmon, more Ribstein]
  • Losing = winning? Ambitious claim for fees in environmental case [California Civil Justice, scroll]
  • “Unintended consequences department: canceled flights” [Ted at PoL] And check out Ted’s new TSA Abuse Blog, on one of the hottest issues of the moment. More on that from Popehat and Simple Justice;
  • H.R. 1408, the Inclusive Home Design Act, would compel handicap accessibility in private home design, yet another dreadful idea from Rep. Jan Schakowsky of CPSIA fame [AmendTheCPSIA]
  • “This place would be a shoplifter’s paradise (and a liability insurance abuser’s motherlode) in the United States, but we were in Japan, where they don’t seem to worry as much about that kind of thing.” [Mark Frauenfelder, BoingBoing, on the Showa Kan museum of everyday midcentury life in Takayama]
  • UK: “I moved out for decorators and squatters took over my house” [Evening Standard]
  • From the ruins of Pompeii, a reflection on government and disaster relief [Dum Spiro Spero]

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“The National Federation for the Blind has initiated a class action lawsuit against United Airlines because United’s check-in kiosks cannot be used by blind passengers.” [Gary Leff, Boarding Area]

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