Posts Tagged ‘CPSC’

April 22 roundup

CPSC in a tangle

The dauntless Consumer Product Safety Commission (CPSC) aims its recall powers at the menace of yarn. “No injuries have been reported.” [Lenore Skenazy, Nancy Nord (“turning a quality problem into a safety issue takes the agency way outside its mandate”]

March 18 roundup

  • “The FAA Says You Can’t Post Drone Videos on YouTube” [Vice] Agency rethinking position following outcry? [Photography Is Not a Crime]
  • Rep. Jackie Speier (D-Calif.) proposes bill directing Consumer Product Safety Commission (CPSC) to issue safety rules for detergent pods [Paula Bolyard, Heartland, quotes me; earlier] Bonus: Lenore Skenazy on CPSC zipper hooded sweatshirt recall;
  • New Jersey high court — Gov. Christie’s appointees included — will now take over direct enforcement of court’s previous decisions (“Mount Laurel”) requiring towns to adopt low-income housing quotas [Bergen County Record, earlier]
  • Bureau of Indian Affairs revises federal guidelines on Indian Child Welfare Act, and a nonprofit group of adoption attorneys says that not only were it and other stakeholder groups not consulted, but “entire sections” of the revision “completely disregard the best interest of children,” something ICWA alas encourages by its text [American Academy of Adoption Attorneys, earlier]
  • Should winning class action plaintiff lawyers be able to mark up their expenses, such as photocopying, as two law professors propose? [Andrew Trask last year]
  • “Attorney who appeared in more than 3,000 asbestos cases disbarred … ‘Excuse Man’ also loses license” [Chamber-backed Madison-St. Clair Record]
  • If you see an online ad for $199 divorce, maybe think twice before giving them your debit card info over the phone [KTVK, Phoenix]

Holiday lights get much safer; CPSC pushes ahead with regs anyway

According to an account in The Hill last month, “the number of deaths caused by Christmas lights has declined to about one person each year from a high of 13 people each year in the early 1990s.” That might seem like an encouraging record, leaving what might seem a low residual risk considering the millions of households that decorate with seasonal lights, but the Consumer Product Safety Commission (CPSC) is moving ahead with expensive regulations anyway [Hannah Yang, Heartland]. I’m quoted:

The CPSC’s filing notes that less than one percent of holiday lights affected by the rule have been determined to contain defects, as “voluntary conformance” with industry standards is nearly universal.

Walter Olson, a senior fellow at the Cato Institute’s Center for Constitutional Studies, criticized the new rules against cheery Christmas lights, explaining “the CPSC—like other agencies—has an interest in justifying its own existence.”…

“They’ve become somewhat truculent from all the criticism,” he said, adding that CPSC actions and regulations often seem to be intended to send a message of “‘see how much you laugh when we send our lawyers after you.’ …As we know from other CPSC regulations, it can be quite expensive to comply with a CPSC rule, even if your product is not in violation.”

Earlier on holiday lights here and here.

“SawStop suit stopped”

Last month federal district judge Claude Hilton dismissed an antitrust suit filed against rival makers of table saws by SawStop, a company that has patented a table saw with innovative safety features. “Hilton’s ruling, while a blow to SawStop, has no legal bearing on the company’s efforts to get the Consumer Product Safety Commission to require the use of their technology on most table saws sold in the U.S.” Trial lawyers at Boies Schiller and elsewhere have also filed numerous product liability suits against makers of conventional saws; many saw users prefer to go on buying conventional saws, which are much less expensive, in preference to using the SawStop system [David Frane, Tools of the Trade, background; earlier]

Craig Zucker settles with CPSC

According to the Consumer Product Safety Commission:

The U.S. Consumer Product Safety Commission (CPSC) is announcing a voluntary recall of all Buckyballs and Buckycubes. … Refunds will be processed through a Recall Trust that will be funded by Mr. Zucker, but created and controlled by CPSC.

According to Zucker in a press release:

The settlement amount is less than 1% of the original $57 million that the CPSC estimated a recall to cost and is not a fine or penalty….

In February of 2013, the CPSC took unprecedented action by naming Zucker personally under the controversial Park Doctrine as an officer of the company that sold Buckyballs®.

This happened after Zucker, in what was itself an unusual if not unprecedented stand for an executive at a firm subject to CPSC regulation, took a vigorous public stand defending his product against the commission’s recall demands and even employed jokes and caricatures to make fun of CPSC commissioners. Earlier coverage here. More: Nancy Nord.

March 5 roundup

  • U.S. Commission on Civil Rights commissioners Gail Heriot, Peter Kirsanow: Administration’s new policy on race and school discipline likely to make schools more chaotic [Robby Soave, Daily Caller, 2011 related, earlier here, etc.]
  • French court: fan club members suffered legally cognizable emotional damage from Michael Jackson’s death [Lowering the Bar, earlier]
  • “The Newkirk incident demonstrates why cameras in the courtroom are a bad idea” [James Taranto, includes bonus New York Times disgrace]
  • Claim: advocates stymied firearms research over most of past two decades. Accurate? [Fox News]
  • Another look at the CPSC’s war on former Buckyballs CEO Craig Zucker [Jim Epstein, Reason, earlier]
  • Chris Christie use of monitorships in white-collar prosecutions draws renewed scrutiny [New Republic, earlier]
  • In which I am included in a list with George Will and Heather Mac Donald, all very flattering etc. etc. [Charles C. W. Cooke, NRO]
  • D.C.: disbarred lawyer sat for years as workers comp judge [Washington City Paper]
  • “German home-school family won’t be deported” although Supreme Court declines to hear asylum appeal [AP; discussion in comments earlier]

Procedure and administrative law roundup

  • “Venue matters.” Enough to double value of med-mal case if filed in Baltimore city rather than suburbs? [Ron Miller] Mark Behrens and Cary Silverman on litigation tourism in Pennsylvania [TortsProf]
  • “Maybe [depositions] are like what some people say about war — vast periods of boredom interrupted by brief moments of terror.” [Steve McConnell, Drug and Device Law, also see Max Kennerly]
  • Centrality of procedure in American legal thinking dates back to Legal Realists and before [Paul McMahon, U.Penn. J. of Int’l Law/SSRN via Mass Tort Prof]
  • Company sues to challenge CPSC’s dissemination of unproven allegations about it in new public database: should judicial proceeding keep its name confidential? [Fair Warning]
  • Thesis of new Jerry Mashaw book: administrative state in U.S. long predated Progressive Era [Law and Liberty: Joseph Postell, Mike Rappaport] Relatedly, hallmark of administrative state said to be “prerogative,” i.e., power to make binding rules without new legislation [Michael Greve]
  • Lorax standing humor: even the Ninth Circuit might not have been able to help [Howard Wasserman, Prawfs]
  • “Formalism and Deference in Administrative Law” [panel at Federalist Society National Lawyers’ Convention with Philip Hamburger, Kristin Hickman, Thomas Merrill, and Jide Okechuku Nzelibe, moderated by Jennifer Walker Elrod]