Muralist Dan Fontes “is seeking $400,000 in damages from the current and former operators of Autocom Nissan at Broadway and 27th Streets in Oakland.” His lawyer “argues that when the dealership painted over the mural in 2013, they violated the U.S. Visual Artist Rights Act (VARA), a law dating back to 1990. Among other things, the law requires a building owner to give an artist a 90-day notice before the mural is removed or painted over, so the artist can take back or at least document the work.” The mural itself predates VARA by three years — it was painted in 1987 — but the lawyer is taking the position that the 1990 law stripped rights from owners of existing mural works that had not changed ownership before the law’s passage, and reassigned them to original artists. [KQED, Contra Costa Times] We’ve covered VARA and the misnamed concept of “moral rights” before.
- I own a Volkswagen clean diesel myself, and can recommend its terrific fuel economy and peppy performance. It’s almost too good to be true [Clive Crook on policy background] Class action lawyers expect huge payday from scandal, but their emissions might not be very reliable either [Daniel Fisher] More from Fisher: will VW owners actually take their vehicles in for the recall? and more on litigation prospects [More: Car and Driver];
- Housing advocates looking for plaintiffs to sue Bay Area town that refuses to make its housing supply denser [CityLab]
- Behind court’s strikedown of NYC Styrofoam ban [Erik Engquist, Crain’s New York; Entrepreneur]
- “Did Flint, Michigan Just Lead Poison Its Children? Doctors Think So.” [Russell Saunders, The Daily Beast]
- “Global regulatory norms” favored by pontiff “would globalize Argentina’s downward mobility.” [George Will]
- After long silence, Hillary Clinton declares opposition to Keystone XL pipeline [Politico, more]
- Houston: “For the most part, we don’t look all that different from other big cities that do have zoning.” [The Urban Edge; Kinder Institute, Rice U.]
- Supreme Court agrees to hear case in which feds claim right to ignore deadlines for suit-filing because of Wartime Suspension of Limitations Act (WSLA), passed in 1942 [my new Cato post, earlier]
- As we’ve advised before, don’t run 10K races while your claim of low-speed-crash injury is pending [Philly.com]
- Incentivizing complaint-filing: State Bar of California pushes “urgency legislation” empowering it to collect $2500 per enforcement action from targets of its efforts against unauthorized practice of law; association of non-lawyer preparers of legal documents calls it “a cleverly designed effort by the Bar to seek additional revenue from non-members of the Bar.” [Dan Walters, Sacramento Bee via KafkaEsq]
- Feds get earful on Hawaiian tribalization plan [KHON, Indian Country Today, more, earlier]
- BP: “Legal feeding frenzy continues four years after the spill” [Melissa Landry, The Hayride]
- Danke schön! “Overlawyered ist übrigens ein vorzügliches Blog, das sehr oft sehr gute Postings hat zu den Irrungen und Wirrungen des US-amerikanischen Rechtssystems” [Lawblog.de comment]
- There’ll always be a Berkeley: California city requires medical marijuana dispensaries to set aside some product for free use by indigent and homeless [Reason, KCBS]
Maria Francisco fell off her bus seat and was injured when an Alameda-Contra Costa transit bus driver, according to Francisco’s lawyer, took a speed bump at 30 mph. Francisco can walk, but has been awarded $15 million for her injuries, and her daughter, then 4, a further $1 million for witnessing her mom’s fall. I’m quoted in Britain’s Daily Mail expressing misgivings about the level of damages (“spin to win”).
In a stunning criminal complaint, State Sen. Leland Yee has been charged with conspiring to traffic in firearms and public corruption as part of a major FBI operation spanning the Bay Area. … Yee asked whether he wanted automatic weapons, and the agent confirmed he did — about $500,000 to $2.5 million worth.”
Is it time to retire our “Do as we say” tag yet? Eliot Spitzer got exposed after crusading for longer sentences for “johns.” Czars of alcohol-abuse programs keep getting nabbed on the road after having a half dozen too many. Rep. Bob Filner groped his way to the podium to chair hearings on women’s issues.
Now there’s this. Maybe Sen. Yee came down so hard on private gun dealers because he wanted to muscle into the business himself.
The entire criminal information, which beggars belief in its colorful detail (Chinese gangs, Russian arms runners, Muslim insurgents in the Philippines) is here, with highlights summarized by Scott Lucas of San Francisco magazine. The San Francisco Chronicle editorialized: “Few observers of San Francisco politics are surprised by [Yee’s] arrest on corruption charges.” Then there’s this sidelight: “Keith Jackson, accused by the FBI on Wednesday of being involved in a murder-for-hire scheme and a gun- and drug-trafficking conspiracy, was San Francisco’s top elected educator during the late 1990s.” [San Francisco Chronicle]
Menlo Park, Calif.: A 90-year-old lawyer’s BMW SUV jumped the curb and pinned two 6-year-old twin brothers against a wall, seriously injuring them. Now the driver, Edward Nelson, “states in his response to the lawsuit that the plaintiffs ‘carelessly, recklessly and negligently conducted and maintained themselves’ in a way that contributed to the accident. Furthermore, ‘knowing the probable consequences thereof, (they) placed themselves in a position of danger and voluntarily participated in all the activities,’ and so assumed any related risks. Finally, the plaintiffs failed to ‘reasonably mitigate’ any damages they sustained.” [Sandy Brundage, The Almanac (Peninsula communities, Bay Area)]
- Harassing Google executives at their homes: what better way to show you truly care about privacy? [Ars Technica]
- Feds arrest Bitcoin executive on charges of “money laundering” and running an unlicensed cash transmission service, latest of what looks very much like a series [Reason, Rob Wile/Business Insider, earlier on Bitcoin]
- Know (and babysit) your customers: “HSBC imposes restrictions on large cash withdrawals,” then backs off [BBC, earlier on KYC as outgrowth of money-laundering law]
- “Banks say no to marijuana money, legal or not” [NY Times]
- Randy Maniloff on the Target data breach and the example of the T.J. Maxx case [Coverage Opinions and more on class actions] “Swipe fee” price controls don’t help in allocating the costs of response and prevention for card data breaches [John Berlau, CEI “Open Market”] and
- “Financial Disclosures as Regulation” panel video, part of Vermont Law School symposium “The Disclosure Debates” that I participated in last fall; participants include Tennessee lawprof Joan Heminway and moderator Jennifer Taub [YouTube]
- “A Milestone to Celebrate: I Have Closed All My Businesses in Ventura County, California” [Coyote, earlier]
- “Louisiana Judge Ends Katrina Flooding Lawsuits Against Feds” [AP/Insurance Journal]
- “Some shoppers who reuse plastic bags to dispose of animal waste will miss them” [L.A. Times via Alkon]
- Alameda County, Calif. conscripts out-of-state drugmakers into product disposal program: public choice problem, constitutionality problem or both? [Glenn Lammi, WLF]
- “Connecticut, Drunk on Power, Uses Bottle Bill to Steal Money” [Ilya Shapiro]
- “If successful, the New York lawsuits would extend the scope of the [habeas corpus] writ to an undefined array of nonhuman creatures.” [Jim Huffman, Daily Caller]
- Clean Water Act citizen suits never intended to be race to courthouse between officialdom, bounty hunters [Lammi, WLF on Eleventh Circuit ruling]
- Let’s stop measuring congestion, it just makes our environmental plans look bad [Randal O’Toole, David Henderson on California policy]
In the season’s highest-profile case of alleged medical negligence, 13-year-old Jahi McMath, described as suffering from sleep apnea, went in to Oakland Children’s Hospital for surgery. After the surgery she began bleeding profusely, went into cardiac arrest and suffered brain death.
There is a paucity of known facts in this situation. The family and their lawyer have released few specific details. Oakland Children’s Hospital, bound by the privacy restrictions of the Health Insurance Portability and Accountability Act (HIPAA), has offered even less. Jahi underwent three surgical procedures for the treatment of her sleep apnea. This included a tonsillectomy, uvulopalatopharyngoplasty (UPPP), and removal of nasal turbinates. Though initially described as a “routine tonsillectomy,” this degree of surgery in children is not routine. It is extensive. When performed on a child, the risk is high.
More here and on uvulopalatopharyngoplasty (or “UP3”) and its indications and risks here. It should be apparent that with the sparsity of facts agreed on it is still extremely early to begin speculating what went wrong in McMath’s case and what kind of medical negligence if any might have been involved. (& Alkon)
The ban applies to privately owned homes that share a party wall with another home. [ABC News] The rationale, per city official Rebecca Woodbury:
“It doesn’t matter if it’s owner-occupied or renter-occupied. We didn’t want to discriminate. The distinguishing feature is the shared wall.” As justification for the rule, she cited studies showing that secondhand smoke seeped through ventilating ducts and walls, even through cracks [emphasis added — W.O.]. “It depends on a building’s construction,” she said, “but it does affect the unit next door, with the negative health impacts due to smoke.”
San Rafael is in affluent Marin County just north of San Francisco. Woodbury said there had been hardly any opposition to the ordinance: “We have a very low percentage of smokers in the county,” she said. On proposals in Berkeley, Calif. to ban some smoking in private homes, see this recent post.
P.S. With end-of-year donation time coming on, I won’t be writing any checks to groups like the American Lung Association that support this sort of thing. Plenty of deserving health and research charities do great work while being respectful of individual liberty and property rights.