Overlawyered » Arizona http://overlawyered.com Chronicling the high cost of our legal system Tue, 14 Feb 2012 11:28:52 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 Judge declines to dismiss ADA suit over streaming Netflix http://overlawyered.com/2011/11/harkins-to-equip-cinemas-for-deaf-blind-to-settle-arizona-suit/ http://overlawyered.com/2011/11/harkins-to-equip-cinemas-for-deaf-blind-to-settle-arizona-suit/#comments Tue, 15 Nov 2011 16:07:18 +0000 Walter Olson http://overlawyered.com/?p=25660 A Massachusetts federal judge has declined to throw out an ADA suit against Netflix demanding captioning of its streaming movie service, but “stayed the case pending rulemaking by the Federal Communications Commission.” [Qualters, NLJ] Relatedly, Arizona’s largest movie chain will install closed captioning and headset systems in all its outlets following an adverse ruling by the Ninth Circuit under the Americans with Disabilities Act (ADA). [East Valley Tribune, earlier] Meanwhile, following an audit negotiated in a settlement with the U.S. Department of Justice, “The city of Tucson may have to find an estimated $17 million to bring many of its facilities into compliance with the Americans with Disabilities Act.” [Star]

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]]> http://overlawyered.com/2011/11/harkins-to-equip-cinemas-for-deaf-blind-to-settle-arizona-suit/feed/ 6 October 31 roundup http://overlawyered.com/2011/10/october-31-roundup-2/ http://overlawyered.com/2011/10/october-31-roundup-2/#comments Mon, 31 Oct 2011 12:14:37 +0000 Walter Olson http://overlawyered.com/?p=25295
  • A pack of gum, e.g.: “What the Proceeds of a BlackBerry Class Action Could Buy” [Rebecca Greenfield, Atlantic Wire]
  • A million law firm ads later: “Pfizer’s Anti-Smoking Drug [Chantix] Isn’t Riskier Than Patches, FDA Says” [Bloomberg]
  • Over 9/11 attacks: “Court Recommends al-Qaida Pay $9 Billion to Insurers” [NYLJ]
  • Green alarmism over cosmetics — justified? [Dana Joel Gattuso, CEI; related here, here]
  • Arpaio-Thomas follies continue in Arizona courtroom [Coyote, earlier]
  • Upcoming: November 4 conference “Silenced” in D.C. on blasphemy laws and hate speech; Bruce Bawer, Nina Shea et al. [Federalist Society]
  • “I dreamed I swayed the jury… in my Maidenform bra” [Retronaut, scroll]
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    ]]>     http://overlawyered.com/2011/10/october-31-roundup-2/feed/ 2     Faced with federal suit, Arizona quits monitoring teachers’ English fluency http://overlawyered.com/2011/09/faced-with-federal-suit-arizona-quits-monitoring-teachers-english-fluency/ http://overlawyered.com/2011/09/faced-with-federal-suit-arizona-quits-monitoring-teachers-english-fluency/#comments Mon, 26 Sep 2011 14:12:10 +0000 Walter Olson http://overlawyered.com/?p=24788 My new Cato post points out that while this may be craziness, it’s craziness with a long pedigree:

    It was way back in the first Bush administration that the Equal Employment Opportunity Commission (EEOC) began filing lawsuits against employers for “discriminating” against employees with difficult-to-understand or heavily accented speech, the theory being that this served as an improper proxy for discrimination based on national origin. The scope for allowable exceptions was exceedingly narrow, too narrow to cover most teaching positions, as I wrote quite a while back when the issue had just come over the horizon in a Massachusetts case. Indeed, the National Education Association (I pointed out) had been prevailed on to pass a resolution “decrying disparate treatment on the basis of ‘pronunciation’ — quite a switch from the old days when teachers used to be demons for correctness on that topic.”

    Read the whole thing here (& Alkon, Peter Pappas/Tax Lawyer’s Blog, Bader). Another view: Josh Hanson.

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    ]]>     http://overlawyered.com/2011/09/faced-with-federal-suit-arizona-quits-monitoring-teachers-english-fluency/feed/ 10     Gaping at arrestee mug shots http://overlawyered.com/2011/08/gaping-at-arrestee-mug-shots/ http://overlawyered.com/2011/08/gaping-at-arrestee-mug-shots/#comments Fri, 12 Aug 2011 11:17:29 +0000 Walter Olson http://overlawyered.com/?p=24239 Bad enough when the media caters to this sort of thing, but when government itself does it, you may have crossed into Arpaio territory [Coyote] Related: David Kravets, Wired.

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    ]]>     http://overlawyered.com/2011/08/gaping-at-arrestee-mug-shots/feed/ 1     May 4 roundup http://overlawyered.com/2011/05/may-4-roundup/ http://overlawyered.com/2011/05/may-4-roundup/#comments Wed, 04 May 2011 05:10:06 +0000 Walter Olson http://overlawyered.com/?p=22832
  • “You Will Be Relieved to Know it is Now Harder To Discipline Bad Cops in Arizona” [Coyote]
  • NYT runs Title IX “roster management” through a feminist echo chamber [Heather Mac Donald, Secular Right] Even with the slant, colleges’ willingness to contort their programs to comply with quotas tends to prove critics’ case [Althouse, Wendy Parker, College Sports Council, more]
  • “AT&T v. Concepcion: ‘Consumers Win in Allegedly Anti-Consumer Supreme Court Ruling’” [PoL] Will Elizabeth Warren partly undo the outcome? [Fisher/Forbes] More on case: Trask, Karlsgodt;
  • “[Entertainer] Prince Wants Laws Changed To Eliminate Song Covers” [Hollywood, Esq./THR]
  • Consulting firm accused of racketeering in Chevron suit has U.S. gulf spill contract [ShopFloor]
  • Point out flaws in DoJ’s legal case against you, and get branded “uncooperative” [Koehler/FCPA Professor]
  • NYC might ban buying fake handbags [WSJ Law Blog] Bill sponsor’s curious political trajectory to city council [Rick Brookhiser, many years back in City Journal]
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    ]]>     http://overlawyered.com/2011/05/may-4-roundup/feed/ 0     February 15 roundup http://overlawyered.com/2011/02/february-15-roundup-3/ http://overlawyered.com/2011/02/february-15-roundup-3/#comments Tue, 15 Feb 2011 15:23:00 +0000 Walter Olson http://overlawyered.com/?p=21479
  • Artist Jeff Koons drops his lawsuit against maker of resin balloon dogs [Legal Blog Watch, BoingBoing, earlier]
  • The car pile-up happened fast, the come-ons from lawyers and chiropractors were almost as speedy [Adler/Volokh]
  • Andrew Thomas update: former Maricopa County Attorney intends to sue former bar president and ethics investigators [ABA Journal, Coyote]
  • Litigation finance: “Poker Magnate, London Firm Bankroll Chevron Plaintiffs” [Dan Fisher, Forbes] Case for champerty pleaded before ethics commission [Podgers, ABA Journal] The experience in Australia [Karlsgodt]
  • Judge: Kansas City stadium mascot hot dog toss suit can go to trial [OnPoint News, earlier]
  • How National Enquirer matched wits with John Edwards to expose scandal [David Perel, HuffPo] More: Justice Department building a case? [AW]
  • “The Whooping Cough’s Unnecessary Return” [Paul Howard/Jim Copland, City Journal] Theodore Dalrymple reviews new Paul Offit vaccine book [same]
  • Many trial lawyers yank funding from Ralph Nader operations in pique over his role in depriving Al Gore of White House victory [ten years ago on Overlawyered]
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    ]]>     http://overlawyered.com/2011/02/february-15-roundup-3/feed/ 1     Loco parentis: schools to send parents “your kid’s too fat” notes http://overlawyered.com/2010/11/loco-parentis-schools-to-send-parents-your-kids-too-fat-notes/ http://overlawyered.com/2010/11/loco-parentis-schools-to-send-parents-your-kids-too-fat-notes/#comments Mon, 22 Nov 2010 13:28:01 +0000 Walter Olson http://overlawyered.com/?p=20266 Joining the obesity-as-public-health-issue crusade, Flagstaff, Arizona schools will begin weighing all students, after which they will send home warning notes to parents of kids who fail to conform to desired weight ranges. Apparently about half of students are expected to fall outside those ranges. [Arizona Daily Star, which likes the idea; Daily Caller]

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    ]]>     http://overlawyered.com/2010/11/loco-parentis-schools-to-send-parents-your-kids-too-fat-notes/feed/ 15     State bar: lawyer claimed to “channel” client’s dead wife http://overlawyered.com/2010/10/state-bar-lawyer-claimed-to-channel-clients-dead-wife/ http://overlawyered.com/2010/10/state-bar-lawyer-claimed-to-channel-clients-dead-wife/#comments Wed, 27 Oct 2010 12:28:25 +0000 Walter Olson http://overlawyered.com/?p=19869 Really bad lawyer conduct? Or only medium? “The State Bar of Arizona is looking to throw the book at a Phoenix attorney who told a client that she was channeling his dead wife, then allegedly lied about it during an unrelated disciplinary proceeding.” [National Law Journal]

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    ]]>     http://overlawyered.com/2010/10/state-bar-lawyer-claimed-to-channel-clients-dead-wife/feed/ 1     August 30 roundup http://overlawyered.com/2010/08/august-30-roundup/ http://overlawyered.com/2010/08/august-30-roundup/#comments Mon, 30 Aug 2010 13:51:14 +0000 Walter Olson http://overlawyered.com/?p=19051
  • Ghastly CPSIA law reaches two-year anniversary [AmendTheCPSIA; related, CPSC Commissioner Northup]
  • Longtime Overlawyered mentionee Andrew Thomas in GOP primary cliffhanger for Arizona AG [Coyote, background]
  • Biased bar-b-q? “Suit challenges air pollution from restaurant as civil rights violation” [Alexandria, Va. Gazette-Packet via Mystal/AtL]
  • Canada: “Lawyer Awarded $6M for Fall on Dance Floor After Firm-Sponsored Dinner” [ABA Journal]
  • San Diego taxpayers rub their eyes and ask what went wrong with municipal-employee pensions [Union-Tribune via Alkon; more from Steven Greenhut and Megan McArdle]
  • FM radio phone mandate? “Dying industry tries to regulate its way back into your life” [Freddoso/Examiner]
  • “Judge assailed for fraud in Kentucky fen-phen case” [Andrew Wolfson, Louisville Courier-Journal]
  • Taco Bell not liable for cost of Ganges purification pilgrimage after devout vegetarians inadvertently consume meat [eleven years ago on Overlawyered]
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    ]]>     http://overlawyered.com/2010/08/august-30-roundup/feed/ 4     “Court: Movies must be accessible to hearing, visually impaired” http://overlawyered.com/2010/06/court-movies-must-be-accessible-to-hearing-visually-impaired/ http://overlawyered.com/2010/06/court-movies-must-be-accessible-to-hearing-visually-impaired/#comments Mon, 21 Jun 2010 11:17:01 +0000 Walter Olson http://overlawyered.com/?p=17840 The Ninth Circuit greenlights a potentially significant ADA suit, reversing a trial court that “found that the Americans with Disabilities Act and the Arizonans with Disabilities Act do not require movie theaters to provide captions and descriptions.” [Yuma Sun, Legal NewsLine]

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