- Electric-car maker Tesla doesn’t get many kind words from free market types, but here’s one [Coyote] More: North Carolina auto dealer lobby strikes back [News & Observer]
- One lawyer’s selection of the worst lawyer billboards, though they’re far from the worst we’ve seen [John M. Phillips]
- House hearings on litigation abuse and on litigation and international competitiveness [Judiciary, more, Point of Law]
- Ninth Circuit cites conflict of interest, throws out credit reporting class settlement [Trial Insider; Daniel Fisher]
- Private pensions, market-based water rates and more: “Australian travel notes from a policy wonk” [Alex Tabarrok]
- “Use elevators properly. Riding outside of cars can be dangerous and deadly” [Scouting NY, seen in Bronx apartment building]
- “It’s long been my view that blawgs, law blogs, are the greatest peer reviewed content ever created.” [Greenfield]
Tagged as:
Australia,
auto dealership protection laws,
chasing clients,
class action settlements,
elevators and escalators,
legal blogs,
North Carolina,
U.S. House of Representatives
Worker’s comp is intended to provide relatively liberal coverage in some ways — that goes with the territory of a “no-fault” compensation scheme — but a few of these outcomes might still raise an eyebrow, particularly when it comes to generous definitions of what’s “work-related.” [Cracked] More: Coyote (“Our problem tends to be that we get a whole heck of a lot of “injuries” in the 3-4 hours between when we fire someone and when they leave the property.”)
Tagged as:
Australia,
workers' compensation
- Judge rules in first California “suitable seating at work” trial [The Recorder; earlier here, here]
- On business travel: “Injury During Sex is Work-Related and Compensable, Aussie Court Holds” [Workplace Prof]
- On the other hand: “Running in High Heels Was Probably Enough to Defeat This Workers’ Comp Claim” [Lowering the Bar]
- Illinois federal court rules that unpaid volunteers may be covered by Title VII discrimination law [Eric Sigda, GTLE Blog]
- Seattle to pay drama teacher $750K for not accommodating wishes re: renovation of building [Seattle Times, meanwhile]
- Recalling AP v. NLRB, 1937, in which SCOTUS rejected First Amendment defense to Wagner Act, over Sutherland dissent [Gerard Magliocca, ConcurOp]
- House Oversight Committee blasts NLRB for pro-union bias [press release and staff report PDF, Goldberg Segalla]
Tagged as:
Australia,
labor unions,
Seattle,
volunteers,
workers' compensation
- Australia: after talk displeasing to authorities, popular radio host ordered to undergo “factual accuracy training” [Sydney Morning Herald]
- Jenzabar loses an appeal against documentary filmmaker [Paul Alan Levy, CL&P; earlier here, etc.]
- “A Few Words On Reddit, Gawker, and Anonymity” [Popehat]
- Canada: “Federal Court Upholds Hate Speech Provisions in the Canadian Human Rights Act” [Yosie Saint-Cyr, Slaw] “Canadian Government Official Calls Anti-Abortion Speech Illegal ‘Bullying’” [Hans Bader, CEI, Amy Alkon]
- U.N.-regulated web? No thanks [Robert McDowell, Federalist Society, earlier here, etc.]
- Further thoughts from Kevin Underhill on being sued by Orly Taitz [Lowering the Bar, earlier]
- U.S. State Department official: we’re not just going to roll over on this free speech business [Volokh]
Tagged as:
Australia,
free speech,
free speech in Canada,
libel slander and defamation,
United Nations
“After achieving a university entry rank of 99.95, winning fifth place in the state for chemistry and a place at the University of Sydney studying medicine, the former Abbotsleigh student Sarah Hui Xin Wong believed she could have done better in the [Higher School Certificate].” A New South Wales administrative tribunal has now turned down her complaint that she suffered disability discrimination by not being allowed further accommodations on the test, specifically a computer and extra time. But Australia does have loser-pays: “Ms. Wong has been ordered to pay some of the Board of Studies’ costs, including a proportion of the fees of the leading Sydney barrister Chris Ronalds, SC.” [Sydney Morning Herald]
In other Australia schools litigation news, a “former student who is suing Geelong Grammar School says she decided to seek damages after she failed to qualify for her preferred university course. Rose Ashton-Weir, 18, alleges Geelong Grammar gave her inadequate academic support, particularly in maths.” [Melbourne Age] More in update at The Age (“was perpetually disorganised and failed to attend classes, a tribunal has heard.”)
Tagged as:
Australia,
disability & schools,
loser pays
Expanding, as is so often the case, at the expense of the rights of contract and property: “Australia’s hotel industry has been rocked by a court’s ruling that a prostitute was illegally discriminated against by a motel owner who refused to rent her a room to work from. The ruling has stunned hotel and motel owners, who thought they had a right to decide what sort of businesses were operating from their premises. … Prostitution is legal in Queensland, and discrimination based on lawful sexual activity is outlawed.” [Telegraph, U.K.]
Discussion: Catallaxy Files (“Australia’s leading libertarian and centre-right blog”).
Tagged as:
Australia,
discrimination law,
hotels
- “People’s Rights Amendment” paves way for government control of media and trampling of many other rights. Is your Rep a sponsor? [Volokh, more, Somin]
- Indian skeptic charged with blasphemy for revealing secret behind “miracle” of weeping cross [Doctorow] “Arab world’s most famous comedian” jailed in Egypt on charges of “insulting Islam” [Volokh]
- “Is the Real Intent of Cyber-Bullying Laws to Eliminate Criticism of Politicians?” [Coyote]
- Timothy Kincaid: why I oppose the California “don’t say ex-gay” therapy-ban bill [BTB]
- More on unreasonable IRS demands of tea party groups seeking nonprofit status [Stoll, Anne Sorock/Bill Jacobson, Houston Chronicle, earlier]
- Denmark Supreme Court, 7-0, strikes down conviction of Lars Hedegaard for criticizing Islam in own home [Mark Steyn] Institute of Public Affairs launches campaign to defend free speech in Australia [Andrew Bolt case earlier] Free speech in Britain looking the worse for wear [Cooke, NRO] Belgian court throws out lawsuit seeking ban on allegedly racist “Tintin” comic book [Volokh] Group files criminal complaint against Swiss magazine over cover story on Roma crime [Spiegel]
Tagged as:
Australia,
Belgium,
bullying,
Denmark,
free speech,
hate speech,
India,
Switzerland,
United Kingdom
- Arbitrator: felonious Montgomery County, Maryland cops should keep disability pay [Examiner] “Cop who took naked photos of rape victim can keep pension” [NY Post] Cop who pepper-sprayed UC Davis protesters is still on job, and maybe that’s how they’d have it [Radley Balko]
- “Billions in retroactive liability” in pharma detailer wage/hour action before SCOTUS [Marcia Coyle, NLJ] And USA Today chose a faulty “worker discontent” theme on wage/hour case, since as class actions these suits are lawyer-driven;
- Australia: “Worker injured during sex gets compensation payout” [News.com.au]
- “Courts are finally starting to apply ADAAA—and it ain’t pretty” [Jon Hyman] ADA: “Judge Rules In Favor of Fired Employee With Bipolar Disorder” [ABC]
- NLRB goes after Hyatt on employee handbook language [Gary Shapiro, Examiner] Union claims Indiana right-to-work law violates Thirteenth Amendment ban on slavery [James Sherk, NRO]
- EEOC: sex discrimination law bars bias against transgender employees [AP, Hyman] “EEOC Obtains Substantial Settlement in Obesity Discrimination Suit” [Disabilities Law]
- Law journal prediction: adherents of racism will claim Title VII protection [Lawrence D. Rosenthal, Temple L. Rev. via Workplace Prof]
Tagged as:
Australia,
disabled rights,
EEOC,
labor unions,
Maryland,
obesity,
police,
transgender,
wage and hour suits,
workers' compensation
- Florida courts allow probe of finances of MDs who treat many injury plaintiffs [Dolman Law Group; Crable v. State Farm]
- Booster clubs: “Does Title IX Reach Voluntary Donations?” [Joshua Thompson, PLF, earlier here, here]
- Freedom to Discriminate in Choice of Roommates: 9th Circuit case of Fair Housing Council v. Roommate.com [Eugene Volokh; related from David Bernstein h/t commenter wfjag]
- PI firm employee “disliked sending clients to [chiropractors] because insurers were more reluctant to settle those claims” [ABA Journal]
- “Bill introduced to de-criminalize the Lacey Act” [Paul Enzinna, PoL; earlier on Gibson Guitar and wood imports here, here] More: Reason.tv on the raids [Balko]
- “Australia: A Cautionary Tale of Litigation Financing?” [WSJ Law Blog]
- Constitutional law book review: Jay Wexler, “The Odd Clauses” [Greenfield, Lowering the Bar]
Tagged as:
Australia,
chiropractors,
constitutional law,
fair housing,
housing discrimination,
litigation finance,
Title IX
We blogged about this case in 2008, and now Fort Worth Star-Telegram columnist Dave Lieber has turned it into a book. From the description:
A newspaper columnist investigates the shenanigans of a small-town police department — then pays a price for it. After he orders his misbehaving 11-year-old son to walk home from a local restaurant, police arrest the dad for two felony counts. A true-story thriller about parental responsibility, small-town corruption and the consequences of being a public figure.
And: should an Arkansas mother whose son had been thrown off the regular school bus for misbehavior face child endangerment charges for making him walk 4.5 miles to school instead? [Alkon] From Australia, should police warn parents for letting a 7-year-old visit a local shop alone, and a 10-year-old ride a bus unaccompanied? [Sydney Morning Herald via Skenazy]
Tagged as:
Arkansas,
Australia,
child protection,
Dallas
Popular commentator Andrew Bolt “was found guilty Wednesday of breaking Australian discrimination law by implying that fair-skinned Aborigines chose to identify as indigenous for profit and career advancement.” A judge “said he will prohibit reproduction of the offending articles,” and “Bolt and his publisher must meet with the plaintiffs to discuss appropriate court orders that would reflect the judgment.” [AP, earlier, Volokh](& Popehat)
Tagged as:
Australia,
free speech,
hate speech
- House Judiciary holds hearing on asbestos-claim fraud and abuse, with Prof. Brickman headlining [Main Justice, Legal NewsLine, WSJ law blog, PoL, Brickman testimony]
- Endangered species habitat in Nevada: “Elko County wants end to 15-year-old trout case” [AP]
- “Why is the Eastern District of Texas home to so many patent trolls?” [Ted Frank/PoL, more] Tech giants say multi-defendant patent suits place them at disadvantage [WSJ Law Blog] Plus: “Patent company has big case, no office” [John O'Brien, Legal NewsLine]
- Lawsuit settlement and the lizard brain [Popehat]
- “U.S. Commission on Civil Rights Looks Into Eminent Domain Abuses” [Kanner, Somin] U.K.: “Squatters could be good for us all, says judge in empty homes ruling” [Telegraph]
- Madison mob silences Roger Clegg at news conference where he releases new study of UW race bias [ABA Journal, Althouse]
- Life in Australia: “Another motorized-beer-cooler DUI” [Lowering the Bar]
Tagged as:
asbestos,
Australia,
Eastern District of Texas,
eminent domain,
endangered species,
Lester Brickman,
Nevada,
patent trolls,
settlement,
United Kingdom
- Yikes! “House Committee Approves Bill Mandating That Internet Companies Spy on Their Users” [EFF; Julian Sanchez, New York Post/Cato and podcast]
- Australia courts skeptical about claim that sex injury is covered under workers’ comp [Herald Sun]
- Well-off community doesn’t need annual HUD grant, seeks to sell it [Dan Mitchell]
- Report: playful City Museum in St. Louis has taken down signs criticizing lawyers [Bill Childs/TortsProf, earlier]
- Chicago neurosurgeons pay $4500 a week in med-mal premiums, blame lawless Illinois Supreme Court [Medill Reports] Supreme Court declines to review Feres doctrine, which shields military doctors (among others) from suits [Stars and Stripes] Why is the most widely cited number of medical-misadventure deaths such an outlier? [White Coat; more here, here, etc.]
- After “Facebook broken heart” suit, will pre-nups for Mafia Wars relationships be next? [Tri-Cities Herald]
- Another horrific report of poppy seed positive drug test followed by child-grabbing [Radley Balko]
Tagged as:
Australia,
Chicago,
Child Protective Services,
Facebook,
illegal drugs,
medical malpractice,
workers' compensation
