Overlawyered » California http://overlawyered.com Chronicling the high cost of our legal system Mon, 28 Jul 2014 09:46:07 +0000 en-US hourly 1 http://wordpress.org/?v=3.9.1 Green lawns, brown lawns in California http://overlawyered.com/2014/07/green-lawns-brown-lawns-california/?utm_source=rss&utm_medium=rss&utm_campaign=green-lawns-brown-lawns-california http://overlawyered.com/2014/07/green-lawns-brown-lawns-california/#comments Wed, 23 Jul 2014 19:05:23 +0000 http://overlawyered.com/?p=47253 “On the same day the state approved mandatory outdoor watering restrictions with the threat of $500 fines, the Southern California couple received a letter from their city threatening a $500 penalty for not watering their brown lawn.” [AP] Tweet Tags: California, environment, sued if you do

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“On the same day the state approved mandatory outdoor watering restrictions with the threat of $500 fines, the Southern California couple received a letter from their city threatening a $500 penalty for not watering their brown lawn.” [AP]

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CALPERS’s own governance http://overlawyered.com/2014/07/calperss-governance/?utm_source=rss&utm_medium=rss&utm_campaign=calperss-governance http://overlawyered.com/2014/07/calperss-governance/#comments Thu, 17 Jul 2014 13:10:59 +0000 http://overlawyered.com/?p=47126 CALPERS, the giant California public-sector pension fund, is among the nation’s leading scolds of corporate governance. So as Ira Stoll points out, it’s kind of newsworthy that its CEO over most of the 2000s just pled guilty to taking $200,000 in bribes from a contractor, the money handed over in paper bags and a shoebox. […]

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CALPERS, the giant California public-sector pension fund, is among the nation’s leading scolds of corporate governance. So as Ira Stoll points out, it’s kind of newsworthy that its CEO over most of the 2000s just pled guilty to taking $200,000 in bribes from a contractor, the money handed over in paper bags and a shoebox. [New York Sun]

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Environmental roundup http://overlawyered.com/2014/07/environmental-roundup-12/?utm_source=rss&utm_medium=rss&utm_campaign=environmental-roundup-12 http://overlawyered.com/2014/07/environmental-roundup-12/#comments Mon, 14 Jul 2014 04:05:03 +0000 http://overlawyered.com/?p=46884 California resists idea of charging market-clearing rate for water — too much like economics — and instead encourages tattling on neighbors [New York Times, Coyote] Academia smitten by notion of “climate reparations” [Peter Wood, Minding the Campus] Costly market intervention: “Minnesota doubles down on nation’s top biodiesel law” [Watchdog] Reusable grocery bags have their problems […]

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  • California resists idea of charging market-clearing rate for water — too much like economics — and instead encourages tattling on neighbors [New York Times, Coyote]
  • Academia smitten by notion of “climate reparations” [Peter Wood, Minding the Campus]
  • Costly market intervention: “Minnesota doubles down on nation’s top biodiesel law” [Watchdog]
  • Reusable grocery bags have their problems for sanitation and otherwise, but California contemplates banning the alternatives [Katherine Mangu-Ward, Steven Greenhut, Reason]
  • Coming: film about Kelo v. City of New London eminent domain case [Nick Gillespie, Ilya Somin]
  • 45 years later: the famous 1969 fire on the Cuyahoga became a fable for its age [Jonathan Adler on the Cuyahoga]
  • Should beachfront owners have to open their land to all comers? [NY Times "Room for Debate"]
  • Plus: “EPA has no business garnishing wages without due process” [Examiner editorial, earlier]
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    Labor roundup http://overlawyered.com/2014/07/labor-roundup-2/?utm_source=rss&utm_medium=rss&utm_campaign=labor-roundup-2 http://overlawyered.com/2014/07/labor-roundup-2/#comments Fri, 11 Jul 2014 04:05:48 +0000 http://overlawyered.com/?p=46676 California tenure lawsuit exposes rift between Democratic establishment and teachers’ union [Sean Higgins, Washington Examiner] NLRB pushing new interpretation to sweep much outsourcing into “joint employment” for labor law purposes [Marilyn Pearson, Inside Counsel] Restaurant “worker centers” campaign against tipping. Perhaps a sign their interests not fully aligned with waitstaffs’? [Ryan Williams, DC] NLRB’s edict […]

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  • California tenure lawsuit exposes rift between Democratic establishment and teachers’ union [Sean Higgins, Washington Examiner]
  • NLRB pushing new interpretation to sweep much outsourcing into “joint employment” for labor law purposes [Marilyn Pearson, Inside Counsel]
  • Restaurant “worker centers” campaign against tipping. Perhaps a sign their interests not fully aligned with waitstaffs’? [Ryan Williams, DC]
  • NLRB’s edict against non-union employers’ confidentiality policies emblematic of its activist stance lately [Karen Michael, Times-Dispatch]
  • Three public sector unions spent $4.3 million on Connecticut state political activities in 2011-2013 cycle [Suzanne Bates, Raising Hale]
  • Sen. Lindsey Graham prepares funding rider to block NLRB “micro-union” recognition [Fred Wszolek, background]
  • “Table Dance Manager” glitch alleged: “Exotic dancers + allegedly malfunctioning software = Fair Labor lawsuit” [Texas Lawyer]
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    California: no duty for retailers to keep defibrillators on hand http://overlawyered.com/2014/07/california-defibrillator/?utm_source=rss&utm_medium=rss&utm_campaign=california-defibrillator http://overlawyered.com/2014/07/california-defibrillator/#comments Tue, 01 Jul 2014 12:59:44 +0000 http://overlawyered.com/?p=45613 “The California Supreme Court held [in June] that a business has no common law duty to provide automatic defibrillators in anticipation that a customer will experience heart failure while on the premises.” [TortsProf; earlier, and generally] Tweet Tags: California, emergency medicine

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    “The California Supreme Court held [in June] that a business has no common law duty to provide automatic defibrillators in anticipation that a customer will experience heart failure while on the premises.” [TortsProf; earlier, and generally]

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    California legislature votes to repeal food-glove rule http://overlawyered.com/2014/06/california-legislature-votes-repeal-food-glove-rule/?utm_source=rss&utm_medium=rss&utm_campaign=california-legislature-votes-repeal-food-glove-rule http://overlawyered.com/2014/06/california-legislature-votes-repeal-food-glove-rule/#comments Sat, 28 Jun 2014 11:44:57 +0000 http://overlawyered.com/?p=46797 California legislature does something sensible! [L.A. Times; earlier on this regulation, widely protested by bartenders, sushi chefs and other food and drink professionals] Next headlines to come: blue moon, month of Sundays, and the unexpected freezing over of Hell. Tweet Tags: California, food safety, restaurants

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    CoronaPitcherLemonsCalifornia legislature does something sensible! [L.A. Times; earlier on this regulation, widely protested by bartenders, sushi chefs and other food and drink professionals] Next headlines to come: blue moon, month of Sundays, and the unexpected freezing over of Hell.

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    She came to stay: nanny won’t leave couple’s home http://overlawyered.com/2014/06/came-stay-nanny-wont-leave-couples-home/?utm_source=rss&utm_medium=rss&utm_campaign=came-stay-nanny-wont-leave-couples-home http://overlawyered.com/2014/06/came-stay-nanny-wont-leave-couples-home/#comments Fri, 27 Jun 2014 13:29:32 +0000 http://overlawyered.com/?p=46791 Upland, Calif.: “A California family is stumped about what to do with a live-in nanny they say refuses to work, refuses to be fired and refuses to leave. In fact, Marcella Bracamonte claims that the nanny, Diane Stretton, has threatened to sue the family for wrongful firing and elder abuse.” Stretton’s hiring agreement with the […]

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    Upland, Calif.: “A California family is stumped about what to do with a live-in nanny they say refuses to work, refuses to be fired and refuses to leave. In fact, Marcella Bracamonte claims that the nanny, Diane Stretton, has threatened to sue the family for wrongful firing and elder abuse.” Stretton’s hiring agreement with the Bracamontes entitles her to room and board as part of her compensation, but she now indicates that she is suffering a disability and stays mostly in her room, the couple says. After the dispute arose the Bracamontes discovered that Stretton is on the state vexatious-litigants list and has been involved in at least 36 lawsuits; police say because Stretton is in residence it is a civil matter, but a judge threw out the couple’s initial eviction attempt, saying they had not filled out a quit notice correctly. [ABC News, auto-plays video ad; CBS Los Angeles] In September of last year, whether coincidentally or not, California Gov. Jerry Brown signed into law the so-called California Domestic Workers’ Bill of Rights, affording domestic workers substantially more legal leverage in disputes with their employers. [SCPR] (& Scott Greenfield, with commenters)

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    June 12 roundup http://overlawyered.com/2014/06/june-12-roundup-3/?utm_source=rss&utm_medium=rss&utm_campaign=june-12-roundup-3 http://overlawyered.com/2014/06/june-12-roundup-3/#comments Thu, 12 Jun 2014 04:05:48 +0000 http://overlawyered.com/?p=45870 John McGinnis: As information technology disrupts the legal profession, will lawyers’ clout decline? [City Journal] Law schools, especially of the more leftward persuasion, collecting millions of dollars in cy pres lawsuit diversions [Derek Muller] Who’s still defending embattled medical examiner Steven Hayne? Mississippi attorney general Jim Hood, for one [Radley Balko, earlier here, here, here] […]

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  • John McGinnis: As information technology disrupts the legal profession, will lawyers’ clout decline? [City Journal]
  • Law schools, especially of the more leftward persuasion, collecting millions of dollars in cy pres lawsuit diversions [Derek Muller]
  • Who’s still defending embattled medical examiner Steven Hayne? Mississippi attorney general Jim Hood, for one [Radley Balko, earlier here, here, here]
  • Life in America will become more drab if Campaign for Safe Cosmetics gets its way [Jeffrey Tucker via @cathyreisenwitz, earlier on "CPSIA for soap"]
  • LSAT settled with DoJ demands re: disabled accommodation back in 2002 and again just now, and the differences between the two settlements tell a story [Daniel Fisher, earlier] Some prospective students will be losers [Derek Muller]
  • “‘Swoop and Squat’: Staged car accidents, insurance fraud rise in L.A.” [Los Angeles Times]
  • Toughen duty for California psychiatrists to inform on dangerous patients? Awaiting backfire in three, two, one… [Scott Greenfield]
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    “I’ve talked to a lot of business people and they’re very afraid” http://overlawyered.com/2014/06/ive-talked-lot-business-people-theyre-afraid/?utm_source=rss&utm_medium=rss&utm_campaign=ive-talked-lot-business-people-theyre-afraid http://overlawyered.com/2014/06/ive-talked-lot-business-people-theyre-afraid/#comments Mon, 09 Jun 2014 04:15:14 +0000 http://overlawyered.com/?p=46343 California law provides unusually favorable financial rewards for ADA complaints, and the state’s legislature has largely ignored years’ worth of pleas from small businesses for relief from serial complainants. So John Perez is no longer taking walk-in customers [Manteca Bulletin]: Ever since Carmichael-based lawyer Scott Johnson slapped civil rights lawsuits against at least 21 Manteca […]

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    California law provides unusually favorable financial rewards for ADA complaints, and the state’s legislature has largely ignored years’ worth of pleas from small businesses for relief from serial complainants. So John Perez is no longer taking walk-in customers [Manteca Bulletin]:

    Ever since Carmichael-based lawyer Scott Johnson slapped civil rights lawsuits against at least 21 Manteca businesses seeking punitive damages for allegedly being out of compliance with Americans with Disabilities Act access rules he’s been locking the front door to his South Main Street cabinet shop, Perez & Sons.

    Johnson (earlier on him here and here) has announced his intent to sue The Hair Company for at least $68,000 although owner Janice Ward says none of her handicapped customers have ever complained. “A good number of the targets of Johnson’s 3,000 lawsuits throughout Northern California over the years have been forced out of business.”

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    Public employment roundup http://overlawyered.com/2014/06/public-employment-roundup-5/?utm_source=rss&utm_medium=rss&utm_campaign=public-employment-roundup-5 http://overlawyered.com/2014/06/public-employment-roundup-5/#comments Mon, 02 Jun 2014 04:05:06 +0000 http://overlawyered.com/?p=46150 What is pay? What is wealth? And who (if anyone) should be envying whom? [David Henderson] LIRR disability scammer gets probation, will repay lost $294K at rate of $25/month [Lane Filler, Newsday] Costly license plate frame can help buy your way into California speeders’ nomenklatura [Priceonomics] Ohio school superintendent who illegally used public moneys to […]

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  • What is pay? What is wealth? And who (if anyone) should be envying whom? [David Henderson]
  • LIRR disability scammer gets probation, will repay lost $294K at rate of $25/month [Lane Filler, Newsday]
  • Costly license plate frame can help buy your way into California speeders’ nomenklatura [Priceonomics]
  • Ohio school superintendent who illegally used public moneys to promote school tax hike won’t face discipline [Ohio Watchdog]
  • Last-in, first-out teacher dismissal sacrosanct in California [Larry Sand]
  • “Los Angeles Inspector Convicted of Bribery Keeps $72,000 Pension” [Scott Shackford]
  • Heart and lung presumption is an artificial construct that drives municipal budgets for uniformed services [Tampa Bay Times]
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