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Connecticut

Walter Russell Mead notes a reformist initiative on teacher certification with perhaps an unexpected sponsor, the Democratic governor of Connecticut. [The American Interest; CTNewsJunkie.com]

P.S. On the ultimate frontier of teacher reform — the firing of bad teachers — see new reports from Troy Senik [Public Sector Inc.] and Marcus Winters [NY Post].

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January 28 roundup

by Walter Olson on January 28, 2012

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  • NLRB rules employment contracts that specify arbitration for group grievances violate federal labor law even in nonunion workplaces [D. R. Horton, Inc. and Michael Cuda; Ross Runkel, Corporate Counsel]
  • Richard Epstein on “living wage” legislation [Defining Ideas]
  • In Greece, law providing early retirement for “hazardous” jobs was extended to some that are not so hazardous, like hairdressing, pastry making and radio announcing [Mark Steyn via Instapundit, IBTimes, Reuters]
  • “Prosecutor’s double-dippers draw millions from New Jersey pension funds” [Mark Lagerkvist, DC Examiner] Even if convicted on felony charges of misappropriation of public funds, Beverly Hills school superintendent unlikely to forfeit pension [LA Times]
  • “Against Forced Unionization of Independent Workers” [Ilya Shapiro on Cato amicus brief in Harris v. Quinn]
  • Whoops: UAW officials appeal extortion sentence, 6th Circuit sends it back as too lenient [AutoBlog via Kaus]
  • New York appeals court makes it harder to get weak NYC job-bias cases dismissed on summary judgment [Judy Greenwald, Business Insurance] Connecticut’s job-bias commission doesn’t seem to consider any cases frivolous any more [Daniel Schwartz]

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“A police lieutenant, fired for covering up a hit and run crash involving a fellow officer [she] was involved in a relationship with, has been reinstated following an arbitration decision that chastised the city’s Police Commission.” Christine Burns also got six months back pay. The arbitrator found that Burns’s boyfriend had been treated leniently, drawing only a one-year unpaid suspension despite serious misconduct, which in turn deprived her of her right to be treated “evenhandedly and without discrimination.” [Connecticut Post]

And while we’re at it: Police union defends Denver cop fired for driving drunk at 143 mph [Tina Korbe, Hot Air; The Truth About Cars]

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January 3 roundup

by Walter Olson on January 3, 2012

  • Popehat’s Ken to the rescue after Maine lawyer/lawmaker assists naturopath in bullying critical blogger [Popehat]
  • Newt’s “patriotism made me stray” among highlights of the year in blame-shifting [Jacob Sullum]
  • Nifong sidekick, now in a spot of legal bother himself, hits back with lawsuit [K C Johnson, Durham in Wonderland]
  • Shareholder action: “Delaware approves $285 Million in Plaintiffs’ Lawyers’ Fees” [Bainbridge, WSJ Deal Journal, WSJ Law Blog]
  • “Even one death is too many — WE MUST BAN NETI POTS!” [NYDN via Christopher Tozzo]
  • Debatable premise of Joe Nocera analysis on Stephen Glass case: bar admission turn-down = “rest of his life … destroyed” [NYT, Howard Wasserman/Prawfs, earlier]
  • Who says Connecticut never reforms liability? Towns won protection last year from some recreation-land tort exposure [CFPA, earlier here, here]

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Labor law roundup

by Walter Olson on December 29, 2011

  • But don’t call it quotas: “New Proposal May Force Federal Contractors to Hire More People with Disabilities” [Diversity Journal]
  • Wow: SEIU local advertises job described as “Train/lead members in … occupying state buildings and banks” [Instapundit]
  • $174K/year annual pension, collected for several decades? “Public retirement ages come under greater scrutiny” [AP] “Report makes ‘progressive’ pension-reform case” [Steven Greenhut, Public Sector Inc.] “Retired Cops and Firefighters in RI Town Accept Pension Cuts in Bankruptcy Deal” [Debra Cassens Weiss/ABA Journal, earlier] New York officials move to cut off public access to information about who’s getting what [NY Post]
  • In end run around Congress: “Obama instating labor rules for home-care aides” [LAT]
  • Artificial “take home pay” rule helped some highly paid Connecticut public workers qualify for emergency food stamps [Hartford Courant, more]
  • Lawyers, business groups alarmed at Department of Labor’s proposed “labor persuader” regulations [ABA Journal, earlier]

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Environmental law roundup

by Walter Olson on December 16, 2011

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The Connecticut Supreme Court is being asked to rule that lawyers and conservators appointed by probate judges are immune from being sued by those they represent. The case arose “because of the abuse that Daniel Gross, an elderly New York man, suffered during 2005 and 2006 at the hands of a Waterbury probate court after he became sick while visiting his daughter.” Gross was placed in a nursing home on conservator’s orders, a decision eventually reversed by a court. [Rick Green, Hartford Courant]

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September 21 roundup

by Walter Olson on September 21, 2011

August 3 roundup

by Walter Olson on August 3, 2011

  • Central Falls, R.I. lands in bankruptcy court [NYT; my Cato take]
  • Less efficient patdowns? Man with one arm files complaint after being turned down as TSA inspector [MSNBC via Hyman]
  • Don’t join the Mommy Mob [Ken at Popehat]
  • Montana high court upholds failure-to-warn verdict against maker of aluminum baseball bat [PoL link roundup, Russell Jackson; earlier here and here]
  • Finally some good news from Connecticut: state enacts law protecting municipalities from lawsuits over recreational land use [BikeRag; earlier here, etc.]
  • Claim: climate-change tort suits will require radical changes in tort law and that’s a good thing [Douglas Kysar (Yale), SSRN]
  • Attorney keen to go on TV, will take any case, either side [Balko]

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The once-envied Connecticut economy may be headed in that direction should its lawmakers continue to pile new burdens onto the state’s employers, or so I argue in my new Cato post.

Per a Connecticut appeals court, looking at an employee and saying “Bang bang” does not, even when added to some other impolite conduct, rise to the level of “extreme and outrageous” behavior required to trigger a claim of intentional infliction of emotional distress [Daniel Schwartz]

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June 24 roundup

by Walter Olson on June 24, 2011

  • “Law Prof Threatens Suit over University’s Plan to Reinstitute Single-Sex Dorms” [ABA Journal, WSJ Law Blog; John Banzhaf vs. Catholic U. in Washington, D.C.]
  • Mississippi: Dickie Scruggs files motion to vacate conviction in Scruggs II (DeLaughter case) [Freeland, YallPolitics] Before defending Paul Minor’s conduct in cash-for-judges scandal, review the evidence [Lange, YallPolitics and more]
  • Woman who filmed cop from own yard charged with obstructing his administration of governmen [BoingBoing]
  • East St. Louis, Ill. jury awards $95 million in sexual harassment, assault case against Aaron’s rental chain [ABA Journal]
  • Connecticut unions demand investigation of conservative Yankee Institute think tank [Public Sector Inc.]
  • “Court Upends $1.75M Award, Finding Plaintiff Lawyer’s Remarks Prejudicial” [NJLJ]
  • Hold it! San Francisco debates bathroom rights for schoolkids [C.W. Nevius, SF Chronicle]

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My new post at Cato at Liberty explains how raw green onion came to be served as the “snack” in a Washington, D.C. public school, and why one smart suburban district decided to pull out of the federal school lunch program entirely.

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We’ve traced the cases in which the Connecticut courts, reversing longstanding law, have thrown open lawsuits against towns over recreation injuries on public land. Bob Dorigo Jones records some of the results, as well as the public pressure that’s been building for legislative reform in Hartford:

As usually happens in a case like this, the collateral damage quickly spread across the state. A group of mountain bikers preparing new trails for a Livestrong charity project was forced to abruptly stop their work because of the lawsuit. …

[A new bill filed in the Connecticut House and slated for an April 4 hearing] would provide local governments and quasi-municipal entities like the water authority with protection from personal injury lawsuits if they open their property to the public for free recreation.

The legislation has drawn support from thousands of citizens and a broad coalition of groups including the Connecticut Forest & Park Association.

More: Rick Green, Hartford Courant.

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“Connecticut’s second-highest court ruled Monday that a man facing charges of arson of his East Lyme beach house can sue the home’s insurer for emotional distress because of the way the insurer investigated the fire.” [Hartford Courant]

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Connecticut state representative Patricia Dillon, seeking to protect the job market for U.S. lawyers’ services, has introduced a bill that would ban as “unauthorized practice of law” various types of outsourced legal work (such as document review, which some law firms now farm out to workers in India). Some don’t think the idea will fly: Westport-based law firm consultant Peter Giuliani “said the doc review-type tasks being done overseas is more like paralegal work. ‘You don’t need a license anywhere in the U.S. to do what they’re doing,’ he said.” [Connecticut Law Tribune via ABA Journal]

Waterbury, Ct.: “A driver who’s serving a manslaughter sentence for striking and killing a 14-year-old boy is suing the victim’s parents, blaming them for their son’s death because they allowed him to ride his bike in the street without a helmet.” The hand-penned countersuit comes in response to the parents’ suit; it’s unlikely to help the inmate’s case that prosecutors say he was driving 83 in a 45 mph zone, a claim he denies, or that he had a history of drunk driving convictions. [Hartford Courant]

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