Trial lawyers in Connecticut push a bill that would keep the medical malpractice statute of limitations from beginning to run until a plaintiff reaches age 21, a rule already in effect in many other states [Daniela Altimari, Hartford Courant] Background: Cheryl Harner, Gonzaga Law Review 2013.
Home insurance companies often charge higher premiums to homeowners whose breeds of dog have a bad loss experience, and that practice is unfair and even “ridiculous,” thinks Connecticut lawmaker Brenda Kupchick (R-Fairfield). If “breed discrimination” is banned, and insurers instead pass the uncovered losses on to owners of other dog breeds or policyholders generally, that would not be unfair or ridiculous, right? [AP/Insurance Journal; David Moran, Hartford Courant (reg)]
“Kid Throws A Cinderblock Off Balcony, And Landlord May Be Liable” [Daniel Fisher, Forbes, on Connecticut Supreme Court’s ruling in Ruiz v. Victory Properties “that a landlord may be liable for allowing a 10-year-old to throw an 18-pound cinderblock from the balcony of his mother’s apartment … [because] the landlord should have known the construction materials and other junk laying around behind the building could become deadly missiles in the hands of a child.”]
- Sheldon Silver’s law firm reportedly loses its special status in courts [New York Post] “Ex-congresswoman could get payout from court tied to Silver” [same; former Rep. Carolyn McCarthy]
- “High School Teacher With Fear of Young Children Loses Disability-Bias Case” [EdWeek, h/t @aaronworthing]
- “Worth remembering that, if they had the power in the 1980s, the public health lobby would have forced us to eat a diet they now say is bad.” [Christopher Snowdon, earlier]
- Numbers confirm that AG Eric Holder’s forfeiture reform won’t directly affect great majority of cases [Institute for Justice via Jacob Sullum, earlier]
- Despite curiously thin evidence that they work, bans on texting while driving roll on, including Mississippi [Steve Wilson, Watchdog, thanks for quote, earlier here, etc.] Draft Ohio bill has numerous troubling features, including broad bar on future technologies, vague distraction ban, stiffer penalties without judicial discretion, mandatory court dates for minor offenses [Maggie Thurber, Ohio Watchdog, thanks for quote]
- Cop’s defense in sex assault of teen: he “[had] money problems and a bad guy scared [him]” [Trumbull, Ct.; Scott Greenfield, Connecticut Post]
- “Dance like no one is watching; email like it may one day be read aloud in a deposition.” [Olivia Nuzzi]
The new lawsuit by the prominent Connecticut personal-injury firm of Koskoff, Koskoff, and Bieder [news coverage: WSJ Law Blog, CNN] seeks to get around the 2005 Protection of Lawful Commerce in Arms Act by latching on to the law’s narrow exception for “negligent entrustment.” That’s not a reasonable reading of the law, and I argue in a new post at Cato at Liberty that courts should toss attempts like these to revive gun control through litigation, all the more so because legislative attempts to overturn PLCAA (as I discussed last year) are rightfully going nowhere.
Some out there seem to think it’s okay to use litigation as a way of lashing out against opponents, whether by way of a winning case or not:
Newtown families sue gunmaker for massacre http://t.co/ZmbbAqd0lL good for them even tho may be dismd at least they take a swing at them
— Danny Wash (@danwash) December 15, 2014
More: “The Sandy Hook Families’ Lawsuit Against Bushmaster Will Fail. Here’s Why.” [Bob Adams, Bearing Arms] And Eugene Volokh’s analysis breaks down the provisions of PLCAA and its interaction with the specifics of Connecticut law, concluding that “unless there is some evidence that the defendant manufacturers and gun sellers in this case violated some specific gun regulations (judgments actually made by legislatures), plaintiffs’ claim will go nowhere — and rightly so, I think.” Yet more: Steve Chapman.
And purported reforms in 2012 didn’t help. Connecticut’s is second most expensive. [Insurance Journal]
- Willingness of Connecticut courts to order accommodation of mental disorders is not limitless, as in case of “dazed and confused” teacher who “frequently reported to the wrong school or for the wrong class” [Chris Engler at Dan Schwartz’s Connecticut Employment Law Blog; Langello v. West Haven Board of Education]
- “‘Seinfeld’ diner sued for not being handicap-friendly” [NY Post] Florida lawyers descend on New Jersey to file ADA suits [N.J. Civil Justice Institute]
- “Plaintiffs want to expand lawsuit against Disney for how it treats guests with autism” [Orlando Sentinel]
- It’s “sad that we need a federal appellate court to remind us” that ADA’s protection of alcoholism does not actually immunize worker fired after repeatedly driving municipal employer’s vehicles drunk [Jon Hyman, Ohio Employer Law Blog]
- “Employers beware: EEOC appears to be stepping up disability discrimination enforcement” [Hyman] EEOC sues Wal-Mart over firing of intellectually disabled employee [Rockford Register-Star, EEOC]
- Nice crowd your ADA racket attracts, California [Modesto Bee]
- Argument: Employers that use “emotional intelligence” measurement in evaluating job applicants may be violating ADA rights of those with autism [Michael John Carley, HuffPo]
In Philadelphia, the city has seized a widow’s home and car for forfeiture after her son was nabbed on charges of selling pot [Inquirer] “Minneapolis police plan to keep $200,000 seized in a raid of a tobacco shop, even though they didn’t find any evidence to merit criminal charges. Meanwhile, a former Michigan town police chief awaits trial on embezzlement and racketeering charges for allegedly using drug forfeiture money to buy pot, prostitutes and a tanning bed for his wife.” [Radley Balko] Nebraska cops seize nearly $50,000 from a Wisconsin man driving from Colorado, “a known source state for marijuana,” but a court orders it returned [same]. Connecticut police use forfeiture proceeds “to buy new police dogs, undercover vehicles, technology, fitness equipment — and to pay for travel to events around the country.” [New Haven Register]
More: Half-forgotten history of how the feds pushed the states to embrace forfeiture [Eapen Thampy, Forfeiture Reform] And for once good news: “Rand Paul introduces bill to reform civil asset forfeiture” [Balko again] And: Rep. Tim Walberg introduces a bill on the House side; video of Heritage panel today with Balko, Walberg and IJ’s Scott Bullock, Andrew Kloster of Heritage moderating.
- 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]
The town of Stratford, Connecticut entered an employment agreement with its director of human resources, stating that his employment would be entirely at-will and further providing:
Based upon the annual performance evaluation, and at the [m]ayor’s sole discretion and recommendation, the base salary may be increased on July 1 of each fiscal year, subject to the approval of the [council], which by Charter fixes the salaries of all mayoral appointees.
Subsequently, the town council voted to reduce the manager’s salary, and the dispute went to litigation. Both a trial court and a Connecticut appeals court agreed with the manager’s argument that even though the document prescribed an at-will relationship, by specifying that the base salary “may be increased” it was implicitly promising that it would never be decreased. [Daniel Schwartz; Adams on Contract Drafting]