Labor and left-wing advocates are staging a concerted push for this measure, which opponents say is particularly burdensome to small business. “Supporters cite their success in gaining the enactment of paid sick day laws in Connecticut and six U.S. cities — the District of Columbia, Jersey City, N.J., New York City, Portland, Ore., San Francisco and Seattle–as proof that the campaign is gaining momentum.” Opponents are fighting back with, among other steps, legislation passed in at least ten states specifying that municipal home rule does not include the authority to enact ordinances of this sort. [Rhonda Smith, Bloomberg BNA]
The federal EEOC has been helping prepare the ground with guidance indicating that it legally disfavors asking job applicants about criminal records across a wide range of situations. Meanwhile, activists in places like San Francisco seek local laws banning the practice in private employment, following successful campaigns to end it in the public sector. [San Francisco Chronicle]
On Hallowe’en I often recall my ancestor Lydia Gilbert of Windsor, Ct., convicted of witchcraft in 1654 and probably executed (accounts here, here). Three years earlier Henry Stiles had been killed by an apparently accidental discharge of the firearm of neighbor Thomas Allyn, and three years later Lydia was charged with being the true cause of this misadventure. In modern American law we might call that third-party liability. And from a few years ago, a durable favorite post: “Toronto schools: Halloween insensitive to witches.”
Pro se (lawyerless) litigants in Connecticut with low income have been allowed to sue without paying the ordinary $350 filing fee, and some have made the most of the situation by filing scads of suits. In May, following publicity about the high cost and hassle imposed on targets, the state adopted a law which “allows judges to review the details of a lawsuit before granting a plaintiff… a waiver from filing fees.” A former courthouse employee who testified in favor of the bill was himself named in a subsequent lawsuit by a litigants whose activities he had mentioned, along with various other defendants including the New London Day and one of its reporters. [WFSB via @SickofLawsuits]
According to research by Yale law professor Donald Elliott, early American civil practice empowered judges to review the details of a lawsuit for adequacy at its outset, and before a target was faced with major costs of response. That practice — dropped later during the purported modernization of our legal system — would come in handy in screening out ill-founded or tactical suits, and not just regarding in forma pauperis (indigent-filed) cases.
On the other hand, it seems to be open season on opponents in the Nutmeg State: lawyers will continue to enjoy “absolute immunity” from being sued by their opponents on charges of fraud. “Donna Simms [client of the lawyers in question] said she wasn’t excited about the decision because she’s been involved in court proceedings with her ex-husband for three decades and there may be more legal fights.” [Insurance Journal]
We have occasionally posted (here, here, and here) about the lawyer advocate’s longstanding plan for a museum in his home town of Winsted, Connecticut, dedicated to the praise and glorification of the American tort law system. The project has now dragged on fitfully through many years of economic stagnation, unexpectedly costly environmental remediation, changes of venue, and community suspicion (“a lot of empty promises”, one resident puts it), which may function as some kind of metaphor, no? [Torrington Register Citizen, Connecticut Law Tribune]
“A Boston Red Sox fan who was harassed and stabbed through the neck by a New York Yankees fan at a restaurant in 2010 has been awarded $4.3 million by a jury. The jury in New Haven reached the verdict Thursday in favor of Monte Freire and against the restaurant, U.S.S. Chowder Pot III, in Branford, attorneys for both sides said.” The plaintiff’s lawyer said the restaurant had been put on notice that the Yankees fan was potentially violent and should have cut him off from further liquor; the restaurant’s attorney said that while the man had previously behaved like a jerk, he was sitting quietly when observed which is why the bartender decided only to monitor him. [ESPN]