California Assemblyman Mike Gatto [D-Silver Lake] introduces AB 227, which would reform notorious Prop 65 by giving business 14 days to fix lack of warning before entitling lawyer to bounty [his blog, Dem caucus, Burbank Leader]
More reactions, besides mine, to Senate’s non-ratification of U.N. disabled-rights treaty [Hans Bader, NYT Room for Debate including notably David Kopel's, Julian Ku ("Support Ratification of the Convention on the Rights of Persons with Disabilities Because It Doesn’t Do Anything!"), Tyler Cowen (keep powder dry for bigger ratification battles), Peter Spiro (proposes end run around Senate)]
As Department of Justice rolls out Olmstead settlements to more states, battles continue between disabled rights advocates seeking closure of large congregate facilities and family members who fear mentally disabled loved ones will fare worse in “community” settings [Philadelphia City Paper via Bagenstos, NYT on Georgia, earlier, more background]
“Utilityman can’t climb utility poles, but has ADA claim against utility company” [Eric Meyer]
Kozinski: Disney “obviously mistaken” in arguing against use of Segway by disabled visitors [Sam Bagenstos; related, Walt Disney World, Eleventh Circuit]
Wendy’s franchisee agrees to pay $41,500 in EEOC settlement after turning away hearing-impaired cook applicant [EEOC]
California enacts compromise bill aimed at curtailing ADA filing mills [Sacramento Bee, LNL]
“Train your managers and supervisors never to discuss employees’ medical issues.” [Jon Hyman]
Many will breathe a sigh of relief following Judge Alex Kozinski’s new opinion for an en banc Ninth Circuit in United States v. Nosal, establishing that (contrary to some fears) the “anti-hacking” provisions of the Computer Fraud and Abuse Act do not penalize broad swaths of computer usage that exceed “authorized” use. A ruling the other way might have criminalized many instances of employee goofing-off as well as common user violations of website terms-of-service. [Orin Kerr, Volokh Conspiracy, Ken at Popehat] Earlier here, here, here, etc.
Because judges should decide cases the way clamoring crowds want them to: “Occupy the Courts” [Althouse, Somin, earlier] Pittsburgh lawprof: bank’s office park has become public forum and is ours to seize [Daily Caller]
Kozinski, others trade quips at oral argument in Disneyland Segway ADA case [Courthouse News via Disabilities Law, earlier] “Ouch! Judge Posner eviscerates both a damages expert and the trial judge who let him testify against FedEx” [Technology Law Notes]
Victim of NYC gun laws: “Free Meredith Graves” [NRO] “NYC Business Bled To Death Over Toy Guns” [Moonbattery]
“Old Enough to Fight, Old Enough to Swipe: A Critique of the Infancy Rule in the Federal Credit Card Act” [Andrew Schwartz (Colorado), SSRN, via Ted Frank]
Federal drug cops unapologetic about role in Adderall shortage [Rob Port] A failure of central planning [Reuters, Jacob Sullum and more ("Does the DEA know what 'quota' means?")] Some trial lawyers pushing to ban the drug [via Ted Frank].
Go, my child, and steal no more: TSA agents who pilfered $40K from luggage get six months [AP via Balko]
Big business vs. free markets again: light bulb makers “fuming” over GOP effort to restore consumer choice [Sullum] Large grocery chains like DC’s bag tax [Tim Carney]
Eeeuw! Bystander can sue train fatality victim whose body part flew through air and hit her [Chicago Tribune]
“Recommended Cell-Phone Ban Comes as ‘Shocking,’ ‘Heavy-Handed’ To Some” [Josh Long, V2M]
“Exploding churros are newspaper’s fault, Chilean court rules” [AP]
Ninth Circuit chief judge and libertarian favorite Alex Kozinski gave the annual B. Kenneth Simon lecture earlier this month at Cato’s annual Constitution Day Conference. [YouTube]
Hairpin reversals of fortune in long-running Barbie v. Bratz doll fight [Cal Biz Lit, earlier]
As I note in Schools for Misrule, institutional reform litigation is alive and well: Reinhardt says 9th Circuit should take over VA’s mental health efforts, Kozinski dissents [LAT, AP, The Recorder]
Court rejects Koch suit over spoof website posing as Koch’s to make political points [EFF, earlier]
“Romeo and Juliet” amendment could soften harsh Texas sex-offense laws [Lenore Skenazy] Law isn’t especially protective of teen boys persuaded to sign paternity declarations [Amy Alkon]
Great moments in human rights law: UK high court rules airplane hijackers should have been admitted to country as refugees [five years ago on Overlawyered]
Verbal fireworks from Judge Kozinski in Ninth Circuit “stolen valor” case [Above the Law]
Measure of artificially contrived scarcity: “NYC Taxi Medallions Approach $1 Million.” Would officials in Washington, D.C. really consider introducing such a destructive system? [Perry, more]
Workers’ comp OK’d in case where simulated chicken head blamed for subsequent emotional disability [Lowering the Bar]
Litigation rates similar for poor and good nursing homes, researchers find [US News] Effects of medical liability reform in Texas [White Coat, scroll] New York’s Cuomo caves on medical liability plan [Heritage] Sued if you do, sued if you don’t in the emergency room [same]
San Francisco considers, then tables, ban on pet sales at stores [Amy Alkon]
Florida: we’ll pull you into our courts as an online-defamation defendant even if you’ve never set foot here [CBS4.com]
Bratz case: “Alex Kozinski gives Barbie a spanking” [AtL]
GEICO launches counterattack against crash fraud in New York [PoL]
When a lawyer sues the wrong doctor: hey, isn’t everyone entitled to mistakes now and then? [American Medical News, sanctions affirmed in Virginia case]
Asbestos: Do component makers have a duty to warn about other manufacturers’ hazardous products? [Cal Biz Lit and twofollowups on California decisions, NAM and Levy Phillips & Konigsberg on a since-settled New York case against Foster Wheeler]
Subsidies for durum wheat flowed in happy circle for everyone but taxpayer and consumer [Mark Perry]
No, defensive medicine isn’t a myth, ask your emergency room doc [AP/Columbus Dispatch] Eagerness to share horror stories [Sharon Begley, Newsweek] “Unusual for a Democrat, Obama readily acknowledges that defensive medicine is a problem.” [AP/WaPo] “VBAC rates are low, but are obstetricians to blame?” [Lin and Tuteur at KevinMD, Replogle/Fair Warning]
Social life of a blawger, cont’d: I sat at David Lat’s table at CEI’s evening with Judge Kozinski [Above the Law] Judge Learned Hand, writing in an antitrust case, “was very knowledgeable about everything except how the world works.” [among the many funny things Judge K. said]
For those keeping count, at least seven Roman Catholic dioceses in this country have filed for bankruptcy in abuse scandal [Hartley]
Funniest string cite ever? Judge Alex Kozinski has a field day [Lowering the Bar]
Lawyer: panic attack explains why I settled my bias complaint for a mere $350K [ABA Journal]
Curious EU heritage sign: “plants, wild animals and leprechauns (little people) are protected in this area” [SkyNews]
“She asked me if she should go back to earning $25,000.” Caught in the poverty trap [Megan Cottrell, Urbanophile]
Jury rejects claim that formaldehyde emissions from FEMA Katrina trailer caused man’s throat tumor [Courthouse News]
Update: McDonald’s settles nude-photos-left-on-cellphone case [OnPoint News, earlier]
Canadian psychiatrist accused of human rights violations in South Africa suppressed public discussion of his past for years by threatening to sue news organizations [Guardian]
Judge throws out Texas law limiting quick solicitation of accident victims [Houston Chronicle]
Federal judge throws out wrongful-termination suit filed by pants suit judge Roy Pearson, he’ll probably appeal [D.C. Examiner] More: Lowering the Bar.
Next round of lawsuits against Dov Charney’s American Apparel may allege “looks discrimination”, though that’s probably not actually a relevant legal category [Gawker, Business Insider, earlier here, etc.]
Demand that Chicago set aside municipal contracts for gay-owned businesses [Sun-Times]
“Grandstanding anti-Craigslist politicians still not satisfied” [TechDirt, TG Daily]
Judge Kozinski: this is America, behaving disrespectfully toward a cop isn’t a crime [Greenfield]
Ending the brouhaha over Ninth Circuit Chief Judge Alex Kozinski’s having stored off-color cartoons, joke photos and other office humor on a private server inadvertently made available to public access, an 11-judge panel has now issued a unanimous 41-page opinion admonishing Kozinski for his error but declining to employ any reprimand or other discipline. Coverage is everywhere: Volokh, Above the Law, Legal Intelligencer. “A handful of prominent ethics experts, including NYU’s Stephen Gillers, Northwestern’s Steven Lubet and Hofstra’s Monroe Friedman, all sent letters in support of Kozinski.” (WSJ Law Blog). Our earlier coverage of the judge is here.
Get your copy today!My new book tackles the question of why so many bad ideas come from the law schools. "Cutting-edge commentary, hard-hitting, witty, astute." -- Publisher's Weekly. "Excellent... A fine dissection of these strangely powerful institutions" -- Wall Street Journal.
