After pleading guilty to driving under the influence, two New Jersey men “subsequently brought a product liability action against the company that made the breath-testing device used to establish their BACs as being in excess of .08%.” Asking for class action status on behalf of all New Jersey drivers convicted after blowing into the device, the “plaintiffs claimed that ‘the Alcotest 7110 contains latent design defects in that it is a piece of respiratory equipment that is not standardized at frequent intervals and there is no provision for calibration of its pulmonary reporting apparatus.’” A court ruled the complaint inadequate on the pleadings, though it has given them a chance to replead. [Steve McConnell, Drug and Device Law]
Scotland: “Parents warned they could face court for lighting up at home in front of kids” [The Sun] And Sweden: “Law professor calls for ban on parents drinking” (in presence of kids) [The Local via @FreeRangeKids]
Speaking of tobacco: “Former German Chancellor Stays One Step Ahead of European Nannies, Hoards Cigarettes” [Matthew Feeney on Helmut Schmidt]
Speaking of alcohol: ObamaCare slush fund bankrolling anti-booze advocacy in Pennsylvania [Mark Hemingway, earlier]
“Plans to ban the pint glass from pubs throughout the Highlands of Scotland have sparked outrage. The traditional vessel is already outlawed in nightclubs in the Highlands, which are forced to serve all drinks – including champagne, cocktails and the finest malt whiskies – in plastic containers after 9pm because of police fears over potential injury.” The Highland Licensing Board is now proposing to extend the scheme further, against objections from pub owners as well as critics of the Nanny State generally. [Telegraph]
“Young New Yorkers would not be able to buy cigarettes until they were 21, up from the current 18, under a proposal advanced [last month] by Dr. Thomas A. Farley, the city’s health commissioner, and Christine C. Quinn, the City Council speaker.” [New York Times via J.D. Tuccille] Or at least would not be able to buy them legally: according to estimates from the Mackinac Institute, New York state already has the nation’s highest rate of smuggled cigarette consumption, at more than 60 percent of its total market. [Catherine Rampell, NYT; Mackinac; Tax Foundation; Christopher Snowdon, "The Wages of Sin Taxes" (CEI, PDF)]
More: As the legal drinking age has been pushed upward in recent years, the average age of first use of alcohol has fallen markedly [Tuccille]
“A police officer fired for driving drunk in an unmarked police car while off-duty has filed a $6 million lawsuit against the city of Gresham, the police chief and others, alleging his rights were violated under the Americans with Disabilities Act. The lawsuit filed in Portland alleged the officer, Jason Servo, was suffering from alcoholism, a recognized disability under the act, and shouldn’t have been dismissed.” [AP] In my book The Excuse Factory I sketched some of the history of how alcoholism (at least when the subject declares a willingness to participate in rehab) came to be protected under the ADA.
Colony collapse disorder, the honeybee ailment, was expected to have a dire effect on U.S. agriculture. Market-driven adjustments have helped prevent that [Walter Thurman, PERC]
Adieu, Mimolette? Feds may be readying crackdown on imports of artisanal cheeses [Baylen Linnekin] “Food Safety Modernization Act Far More Costly Than Supporters Claimed” [Hans Bader, earlier here, here]
“There may be no hotter topic in law schools right now than food law and policy” [Harvard Law School, quoted by Baylen Linnekin] New book, haven’t seen yet: Jayson Lusk, “The Food Police: A Well-Fed Manifesto About the Politics of Your Plate” [Amazon]
The gain in plains is mainly due to grains: residents of mountains and high-altitude areas have less obesity [Edible Geography] Restaurant labeling: per one study, “some evidence that males ordered more calories when labels were present” [Tim Carney] NYT’s Mark Bittman endorses tax on prepared food [SmarterTimes] “Michael Poppins: When the nanny acquired a police force” [Mark Steyn, NR on Mayor Bloomberg]
Enough that 33 states have so-called enacted At Rest laws, requiring that bottles spend time in an in-state warehouse before being sold to consumers. Although the laws limit competition, drive up prices to consumers, and make it harder to special-order less common labels, New York may join the list following generous donations to politicians from an in-state wholesaler. [New York Post] FTC attorney David Spiegel analyzed anti-competitive liquor laws in this 1985 article (PDF) in Cato’s Regulation magazine.
If this account from DNALounge is to be believed, San Francisco police are highly eager for bar owners to install surveillance cameras to monitor everything customers do, and to commit to hand over the resulting footage to police without a warrant. Raise objections, and (according to the report) you might find the requirement being added as a condition to your permit. More: SFBay.ca.
“A repeat drunken driver convicted in a crash that killed two teenagers has sued his drinking buddy and two Santa Fe restaurants that served him alcohol.” James Ruiz, who has since been convicted and incarcerated, “was out on bond on his fifth DWI arrest” when he slammed into the car of the teens’ family. [AP/WHEC; Albuquerque Journal, with headline above; UPI]
“[Keith Allen] Brown and four other inmates at Idaho’s Kuna facility are suing major beer companies, blaming their crimes on alcoholism and claiming that the companies are responsible because they don’t warn consumers that their products are addictive.” The laudatory Nicholas Kristof column practically writes itself, though one should note that the inmates “do not have attorneys and drafted the lawsuit themselves.” [Idaho Statesman]
Labor/employment law: the last four years, and the next [Daniel Schwartz series: first, second, interview] “Some Thoughts on the Meaning of a Second Obama Term for Labor and Employment Law” [Paul Secunda]
Public health busybodies call on UK government to set minimum price for alcoholic drinks [Telegraph] Carrie Nation never thought of this: anti-booze campaigners target its calorie count [Baylen Linnekin] New York state plans anti-alcohol campaign [NY Post]
“Will Litigation over Playground Injuries Create a Generation of Neurotics?” [WSJ via ABA Journal]
Massachusetts Gov. Deval Patrick reassigns his exceedingly accident-prone state highway director [Boston Globe, Ilya Somin]
“Magnet spheres may soon be harder to acquire than ammunition in the U.S.” as Buckyballs gives up [Anthony Fisher/Reason, earlier] And from Twitter: “Those 0.0 deaths per year were not in vain.” [@TPCarney modifying @bigtimcavanaugh]
“Mary Cain wants $3000 damages from the street car company for a ‘sudden jerk.’ MO1917″ [@tweetsofold]
“No Liquid Soap Allowed in Pre-School Bathroom: Children Might Drink It” [Free-Range Kids]
And finally, the catchy, unsettling safety promotion video that’s been everywhere the last week or two, from the Melbourne transit authority:
“There are many potential reasons, but a big one is a very simple regulation defining the volume of bottles legally permitted in the American market.” Our regulators allow the sale of alcoholic beverages in 750 ml bottles, but not in the 700 ml bottles standard elsewhere. So unless a foreign maker perceives enough potential in the U.S. market to set up a special production run with the required bottle size, its wares are unlikely to reach our shores. [Jacob Grier]
If you’re a lawyer who specializes in defending DWIs (or even if you’re not) it’s probably a poor idea to charge your clients extra for getting their court records backdated [Charlotte Observer; ABA Journal; James Crouch, Wake County, N.C., takes plea and gives up law license]
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