Overlawyered » California http://overlawyered.com Chronicling the high cost of our legal system Tue, 14 Feb 2012 16:11:47 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 January 31 roundup http://overlawyered.com/2012/01/january-31-roundup/ http://overlawyered.com/2012/01/january-31-roundup/#comments Tue, 31 Jan 2012 05:06:21 +0000 Walter Olson http://overlawyered.com/?p=26199
  • Latest of periodic Towers Watson (formerly Towers Perrin/Tillinghast) surveys: tort costs fell in 2010 excluding oil spill liability [Towers Watson]
  • “Will Newt Neuter the Courts?” [James Huffman, Defining Ideas] Obama’s high court appointees are fortunately friendlier toward civil liberties than he is [Steve Chapman]
  • Unanimous Cal Supremes: companies not legally responsible for other companies’ asbestos products used as replacement for theirs [Cal Biz Lit, Jackson, Beck, Mass Tort Prof]
  • Claim: jurors considered policy implications of verdict and you can’t have that [On Point; defense verdict in Baltimore, Maryland school-bullying case]
  • Airfare display mandate: “‘Protecting’ Consumers from the Truth About the Cost of Government” [Thom Lambert, TotM]
  • Critical assessment of AP-backed new copyright aggregator “NewsRight” [Mike Masnick] Promises not to be “Righthaven 2.0″ [Cit Media Law]
  • Restatement (Third) of Torts drafters vs. Enlightenment scientific views of causation [David Oliver in June]
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    ]]>     http://overlawyered.com/2012/01/january-31-roundup/feed/ 2     Nutella class action settlements http://overlawyered.com/2012/01/nutella-class-action-settlement/ http://overlawyered.com/2012/01/nutella-class-action-settlement/#comments Tue, 24 Jan 2012 16:31:52 +0000 Walter Olson http://overlawyered.com/?p=27066 Some things about the nationwide settlement — including a prospective $3.75-million attorneys’ fee for prosecuting a “truly BS claim” against the maker of the chocolate-nut spread over nutritional disclosures — stick in Russell Jackson’s craw. He doesn’t care for the separate, California-specific scoopful either (earlier here, etc.)

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    ]]>     http://overlawyered.com/2012/01/nutella-class-action-settlement/feed/ 0     Blue-ribbon excuses: shoplifting California lawmaker http://overlawyered.com/2012/01/blue-ribbon-excuses-shoplifting-california-lawmaker/ http://overlawyered.com/2012/01/blue-ribbon-excuses-shoplifting-california-lawmaker/#comments Thu, 19 Jan 2012 14:01:45 +0000 Walter Olson http://overlawyered.com/?p=26954 Assemblywoman Mary Hayashi (D-Hayward), who chairs the Committee on Business, Professions and Consumer Protection, has “pleaded no contest to charges that she tried to walk off with $2,500 in clothes.” [L.A. Times via Amy Alkon] “Hayashi spokesman Sam Singer has called the incident ‘a mistake and a misunderstanding.’” [Dublin Patch, KGO] “Hayashi’s attorney, Douglas Rappaport, told reporters that the lawmaker is taking medication for a benign brain tumor and that the ailment may have been responsible for her behavior.” But that doesn’t mean she’ll be taking a medical leave from her duties: according to her attorney, the tumor “is being treated with medication and no longer affects her,” reports the Sacramento Bee, which continues in a skeptical vein: “Medical experts said Monday that it is very rare, however, for a brain tumor that does not require surgery to influence behavior so significantly.” “I am confident that with the close of these proceedings, she will continue to ably serve her constituents with the same talent and passion she has displayed throughout her time in office,” wrote Assembly Speaker John Pérez in a supportive statement.

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    ]]>     http://overlawyered.com/2012/01/blue-ribbon-excuses-shoplifting-california-lawmaker/feed/ 13     January 11 roundup http://overlawyered.com/2012/01/january-11-roundup-2/ http://overlawyered.com/2012/01/january-11-roundup-2/#comments Wed, 11 Jan 2012 05:14:38 +0000 Walter Olson http://overlawyered.com/?p=25794
  • California’s Prop 65 and the numbness of overwarning [Tung Yin via Bainbridge]
  • Time to kill off medical-method patents [Alex Tabarrok, Medical Progress Today]
  • Spite decoration: “Gretna fence squabble continues in bitter fashion” [NOLA.com, Louisiana]
  • “The Problem With Immigration Lawyers and How to Fix It” [Dzubow/Asylumist via Legal Ethics Forum]
  • “Are NYC transit bus drivers prevented from calling police?” [Turkewitz]
  • “Circumvention tourism” is travel intended to sidestep medical regulation [Glenn Cohen, Prawfs]
  • Abolition of wasteful, arrogant California redevelopment agencies has Tim Cavanaugh ready to kiss a nurse in Times Square [Reason, similarly Gideon Kanner and Steven Greenhut]
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    ]]>     http://overlawyered.com/2012/01/january-11-roundup-2/feed/ 0     Environmental law roundup http://overlawyered.com/2011/12/environmental-law-roundup/ http://overlawyered.com/2011/12/environmental-law-roundup/#comments Fri, 16 Dec 2011 05:03:02 +0000 Walter Olson http://overlawyered.com/?p=26090
  • Peter Schweizer: “To RFK, Jr: I’m No Sock Puppet, But You Sir Are a Bootlegger” [Huffington Post; some background on America's Most Irresponsible Public Figure®]
  • Will legal campaign succeed in shutting down natural gas fracking? [WLF, David Oliver, CL&P, Abby Wisse Schachter/NYP]
  • Nice work if you can get it: key figure in dubious Chevron-Ecuador expert report slated for National Academy of Sciences reappointment [WizBang, earlier]
  • EPA’s move-cement-production-to-China plan runs into uncooperative judge [Josiah Neeley, Daily Caller]
  • Spare that tree? Environmentalists battle Montana underbrush clearance aimed at preventing catastrophic fires [William Perry Pendley, MSLF] More on trees and power outages in Connecticut [WSJ, related earlier]
  • New book on Endangered Species Act reform [James Burling, Federalist Society]
  • Rural property owners foot the bill for California green policies [Steven Greenhut]
  • “What are you in for?” “Backed-up toilets” [Shannen Coffin, NRO]
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    ]]>     http://overlawyered.com/2011/12/environmental-law-roundup/feed/ 1     November 16 roundup http://overlawyered.com/2011/11/november-16-roundup-3/ http://overlawyered.com/2011/11/november-16-roundup-3/#comments Wed, 16 Nov 2011 05:19:06 +0000 Walter Olson http://overlawyered.com/?p=25597
  • Sure, let’s subvert sound mortgage accounting in the name of energy efficiency. What could go wrong? [Mark Calabria, Kevin Funnell]
  • California: fireworks shows are “development” and coastal commission can ban ‘em [Laer Pearce, Daily Caller]
  • Trial lawyers’ lobbyist: I got Cuomo to bash Chevron in Ecuador case [John Schwartz, NYT]
  • Politics of intimidation: “jobs bill” advocates occupy office of Sen. Minority Leader McConnell (R-Ky.) [ABC News] Union protesters invade Sotheby’s during big auction [NYObserver] “Occupy Denver protesters try to storm conference of conservative bloggers” [Denver Post] “What’s the matter with Oakland?” [Megan McArdle] Post-’08 downturn, not wealth of the few, at root of economic woes [Steve Chapman] “Bohm-Bawerk forget to include [Ms. Katchpole] in his commentaries on sundry theories of interest.” [Tyler Cowen]
  • New breakthroughs in abundant energy aren’t welcome to some [NYT "Room for Debate"] Is GOP wrong to make EPA an issue? [Michael Barone]
  • After extracting $450,000 settlement, employee admits falsifying whistleblower evidence in oil filter antitrust case; class action suits continue [Bloomberg, Abby Schachter/NYPost via PoL]
  • Least surprising Washington-DC-datelined story of year: “Medical malpractice reform efforts stalled” [Politico]
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    ]]>     http://overlawyered.com/2011/11/november-16-roundup-3/feed/ 1     November 8 roundup http://overlawyered.com/2011/11/november-8-roundup-4/ http://overlawyered.com/2011/11/november-8-roundup-4/#comments Tue, 08 Nov 2011 05:07:26 +0000 Walter Olson http://overlawyered.com/?p=25093
  • Washington Post pundit Dana Milbank’s lament: Obama isn’t doing enough to intimidate opponents [David Boaz, Cato]
  • FDA defends itself against rising criticism on drug and device approval [NYT] NYT approaches the issue with a curious slant [Paul Rubin]
  • California courts: what makes you think we need to follow SCOTUS on arbitration? [Cal Biz Lit, more, Russell Jackson] Senate anti-arbitration hearing could have used more truth in advertising [PoL]
  • Pols want to fast-track favored L.A. stadium against environmental suits under California’s obstructor-friendly CEQA. Hmmm… why not fast-track everyone else too? [Gideon Kanner, Stephen Smith, SCPR, Paul Taylor, Examiner]
  • State law forbids use of deadly force in defense of business property: “Burglar’s family awarded $300,000 in wrongful death suit” [Colorado Springs Gazette]
  • One reason the Ninth Circuit may go off on more frolics: three-judge, one-clerk bench memos [Kerr]
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    ]]>     http://overlawyered.com/2011/11/november-8-roundup-4/feed/ 1     November 4 roundup http://overlawyered.com/2011/11/november-4-roundup-3/ http://overlawyered.com/2011/11/november-4-roundup-3/#comments Fri, 04 Nov 2011 10:29:23 +0000 Walter Olson http://overlawyered.com/?p=25349
  • “Kentucky antidiscrimination law doesn’t bar discrimination based on litigiousness” [Volokh]
  • “Lawyer sues to stop fireworks show; now wants $756K in fees from taxpayers” [CJAC, San Diego]
  • Leahy bill reauthorizing VAWA (Violence Against Women Act) includes language codifying OCR assault on campus due process [Bader, Daily Caller, Inside Higher Ed, FIRE, earlier here, here]
  • “One-Ninth the Freedom Kids Used To Have” [Free-Range Kids] “WARNING: Baby in pram! Anything could happen!” [same]
  • New Zealand considers criminalizing breaches of fiduciary duty [Prof. Bainbridge]
  • From libertarian Steve Chapman, a favorable rating for Rahm Emanuel as Chicago mayor [Chicago Tribune]
  • Did California privacy legislation just regulate bloggers? [Eric Goldman, Paul Alan Levy]
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    ]]>     http://overlawyered.com/2011/11/november-4-roundup-3/feed/ 2     California’s CEQA, cont’d http://overlawyered.com/2011/09/californias-ceqa-contd/ http://overlawyered.com/2011/09/californias-ceqa-contd/#comments Tue, 27 Sep 2011 11:22:00 +0000 Walter Olson http://overlawyered.com/?p=24800 Following up on last week’s post, Gideon Kanner calls our attention to this summer’s case of Clover Valley Foundation v. City of Rocklin. As Prof. Kanner wrote at the time in the L.A. Daily Journal:

    This was a lawsuit challenging a housing project on environmental grounds some 30 years after the subject property was zoned for housing development, 20 years after the developer’s request for a permit, and after 10 years of planning and environmental review, plus a nearly one-half reduction in the number of permitted dwellings, a five-fold increase in open space, and after millions of dollars were exacted for in-lieu payments. The city approved the project in 2007.

    Then the NIMBYs attacked in court. To its credit, the court in effect said “enough already” and rejected the NIMBY challenge. But the court also said that this was a case in which environmental laws “worked.” I would hate to see what it would take for their Lordships to acknowledge a case in which those laws didn’t work.

    For more of a flavor of the Clover Valley case, see the write-up from the Meyers Nave law firm.

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    ]]>     http://overlawyered.com/2011/09/californias-ceqa-contd/feed/ 0     California’s sclerotic CEQA http://overlawyered.com/2011/09/californias-sclerotic-ceqa/ http://overlawyered.com/2011/09/californias-sclerotic-ceqa/#comments Fri, 23 Sep 2011 15:05:06 +0000 Walter Olson http://overlawyered.com/?p=24740 As Gideon Kanner points out, you don’t need to be a property rights advocate to see the California Environmental Quality Act as a lawsuit-intensive mess (quoting Prof. Robert Freilich):

    Many attorneys, planners, architects, engineers, scientists, developers, small businesses, business associations and governments in the state, and many environmentalists are agreed that CEQA needs major reform. Delays in the system are causing projects to suffer delays of 2 to 9 years to get EIRs approved, especially for (but not limited to) the failure to compare the project with all “feasible” alternatives, establish vague baseline analysis for existing mitigation, and the tricky determination as to which parts of regional, general and specific plan EIR findings can be incorporated, to eliminate duplication of effort and cost. The law is so confused on these points that it is a miracle that any EIR can survive its first round in the courts without a remand to do it over again. Complicating this result is the establishment of a specialized group of attorneys that initiate litigation at the drop of a hat, primarily because the statute authorizes attorney’s fees for any remand or reversal. Many community associations and no growth environmentalists use the EIR litigation process to delay and in many cases kill projects for little or no environmental substance.

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