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Connecticut

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.

Labor roundup

by Walter Olson on July 11, 2014

  • 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]

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“It is a truism that laws tend to be arranged for the benefit of the political class.” Even so, would you expect Connecticut law to provide that private employers must hold open the jobs of full-time elected officials for as much as eight years in case they decide to return? My new blog post at Cato has details.

Food roundup

by Walter Olson on May 8, 2014

  • “Particularly relevant …is the uncontested fact that Defendants – as manufacturers of [high-fructose corn syrup] – do not control how much HFCS is used in the finished products that Plaintiff consumed.” [New York federal court dismissing case, h/t Nicki Neily]
  • New frontier of public health disapproval: Girl Scout cookies [NPR]
  • “Former Kellogg Co. CEO Carlos Gutierrez says food industry is under attack by FDA” [MLive]
  • Whole milk, least processed of widely available milk varieties, would be banned in Connecticut childcares if pending bill passes [Elizabeth Nolan Brown]
  • House-passed expansion of Jones Act domestic-flag rules for food aid would harm hungry recipients and US farmers alike [Coyote]
  • “Archaic distribution laws” hamper craft-beer sector [Steve Hindy, NY Times, related Nick Gillespie (Florida)]
  • Facing mounting fiasco in school lunch program, feds double down [Baylen Linnekin, Reason]

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]

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  • Minimum wage laws are sentimental legislation with all-too-real effects [Jeffrey Dorfman] “Our Business’s Response to California $2 Minimum Wage Increase” [Coyote, with more on a union angle on minimum wage laws] Some experience from Europe [Steve Hanke, more, Cato overview of minimum wage debate]
  • Connecticut fires state labor department employee who gamed system to get benefits for friend, then reinstates after grievance [Raising Hale] Oldie but goodie: union contract in Bay City, Mich. gave teachers five strikes to show up work drunk before being fired [Mackinac Center two years back]
  • Background of Harris v. Quinn, now before SCOTUS: Blagojevich and Quinn favors for SEIU [George Leef, Forbes, earlier here, etc.]
  • If you decline to hire applicants who’ve sued previous employers, you may face liability over that [Jon Hyman]
  • More on class action seeking pay for volunteer Yelp reviewers [LNL, earlier]
  • “Intriguingly, returns to skills are systematically lower in countries with higher union density, stricter employment protection, and larger public-sector shares.” [Eric Hanushek et al, NBER via Cowen]
  • “L.A. Sheriff’s Department Admits Hiring 80 Problem Officers; May Not Be Able to Fire Them” [Paul Detrick, Reason]

Environmental roundup

by Walter Olson on January 8, 2014

  • “A Milestone to Celebrate: I Have Closed All My Businesses in Ventura County, California” [Coyote, earlier]
  • “Louisiana Judge Ends Katrina Flooding Lawsuits Against Feds” [AP/Insurance Journal]
  • “Some shoppers who reuse plastic bags to dispose of animal waste will miss them” [L.A. Times via Alkon]
  • Alameda County, Calif. conscripts out-of-state drugmakers into product disposal program: public choice problem, constitutionality problem or both? [Glenn Lammi, WLF]
  • “Connecticut, Drunk on Power, Uses Bottle Bill to Steal Money” [Ilya Shapiro]
  • “If successful, the New York lawsuits would extend the scope of the [habeas corpus] writ to an undefined array of nonhuman creatures.” [Jim Huffman, Daily Caller]
  • Clean Water Act citizen suits never intended to be race to courthouse between officialdom, bounty hunters [Lammi, WLF on Eleventh Circuit ruling]
  • Let’s stop measuring congestion, it just makes our environmental plans look bad [Randal O'Toole, David Henderson on California policy]

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]

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Genealogy note

by Walter Olson on October 31, 2013

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.

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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]

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Environment roundup

by Walter Olson on August 23, 2013

  • California officials profess surprise: fracking’s been going on for decades in their state [Coyote]
  • Taxpayers fund Long Island Soundkeeper enviro group, affiliated with RFK Jr.’s Waterkeeper network, and a Connecticut state lawmaker does rather nicely out of that [Raising Hale]
  • Backgrounder on Louisiana coastal erosion suit [New Orleans Times-Picayune] “Lawsuit Blaming Oil Companies For Wetland Loss Might As Well Blame The Plaintiffs” [Daniel Fisher, Forbes]
  • US ties for worst of 25 countries when it comes to delay in mining permits [Sharon Koss, NTU] “Number One in DataMining” [@sonodoc99]
  • “BP Is Rapidly Becoming One Giant Law Firm” [Paul Barrett, Bloomberg Business Week]
  • “Mann v. Steyn — Mann wins round one” [Adler]
  • An insider’s view of EPA and how it uses power [Brent Fewell]

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]

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Public employment roundup

by Walter Olson on August 14, 2013

  • “Retirement benefits cost Connecticut more than half of payroll” [Raising Hale] Jagadeesh Gokhale, “State and Local Pension Plans” [Cato] “In the report Krugman cites, the researchers note (repeatedly) that the trillion-dollar figure is very likely a dramatic understatement of the size of the unmet liability.” [Caleb Brown]
  • California: “Bill would reinstate state workers who go AWOL” [Steven Greenhut]
  • Eyebrow-raising federal salaries at unaccountable-by-design CFPB [John Steele Gordon, Commentary]
  • “North Carolina Ends Teacher Tenure” [Pew StateLine]
  • Not all states would benefit from a dose of Scott Walkerism, but Massachusetts would [Charles Chieppo, Governing]
  • “Prison Ordered to Hire Back Guards Fired over an Officer’s Murder Because Everybody Else Was Awful, Too” [Scott Shackford]
  • “New York State Lags on Firing Workers Who Abuse Disabled Patients” [Danny Hakim, New York Times] NYC educators accused of sex misconduct can dig in for years [New York Daily News]
  • “Pennsylvania’s GOP: Rented by Unions” [Steve Malanga, Public Sector Inc.] NYC’s Working Families Party expands into Connecticut [Daniel DiSalvo, same]

Ethics roundup

by Walter Olson on August 13, 2013

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