- Fee-vergnügen: John Edwards, who knows a thing or two about tactical concealment, seeks to rep Volkswagen owners in mass litigation [Grist, Politico]
- Speaking of auto litigation: first General Motors ignition case goes to trial, automaker charges fraud, plaintiffs hire criminal counsel [Bloomberg, more]
- The Maryland redistricting project I was involved in this past fall has now resulted in a bill filed with the legislature by Gov. Larry Hogan [Danielle Gaines/Frederick News-Post, WBAL, Anjali Shastry/Washington Times, Baltimore Sun, earlier]
- Discovery and other procedural reforms in the federal courts: “Chief Justice Roberts on speedier civil litigation … and dueling?” [Howard Wasserman, PrawfsBlawg]
- Shackled Philly priest died in prison, accused by “Billy Doe.” But how well does Doe’s story hold up? Questions about another big sex assault story from Rolling Stone/Sabrina Rubin Erdely that preceded their U.Va./”Jackie” tale [Ralph Cipriano/Newsweek, Robby Soave/Reason].
- “Oversimplification is at the heart of a Coates-style approach to the reparations issue.” [John McWhorter on an unexpected bid to get me to side with Bernie Sanders; more on reparations, Glenn Loury and (missed this earlier) Jonathan Blanks, Rare, 2014]
- Federal Trade Commission went after LabMD on data security complaint. Unlike so many targets, LabMD chose to fight the FTC. And then… [Steven Boranian, Drug and Device Law, earlier]
- “Definition of Insanity – Expecting Certification of a Personal Injury Class Action” [James Beck on oral contraceptive defective packaging litigation]
- “Noticed something strange. In jury selection, attorneys for two other defendants conferred with attorneys for the plaintiff.” [Madison County Record, more]
- Changes in federal discovery rules effective December 1 [Mathea Bulander and Jason Moore (Redgrave LLP), Washington Legal Foundation] More: Jeff Bennion, Above the Law.
- Eric Turkewitz takes issue with my reference to New York’s Scaffold Law in writing on Sheldon Silver’s downfall [New York Personal Injury Attorney Blog]
- Changes ahead for Rule 23, which governs class actions? [Andrew Trask]
- Behind the attacks on arbitration: plaintiff’s bar, key political player, is “fighting back hard” against threat to its interests [Daniel Fisher, earlier here, here, etc.]
- Not every hot-coffee-spill case is like Liebeck v. McDonald’s. Sometimes defendants actually are negligent [Nick Farr/Abnormal Use, earlier here and many others]
The much-discussed flirtation of Supreme Court justices with foreign law and transnational standards is something they can seemingly turn on and off at will, argues CEI’s Iain Murray in a WSJ letter to the editor: “to allow more lawsuits, the Supreme Court disregarded every foreign court ruling defining the word ‘accident’ in the Warsaw Convention, in Olympic Airways v. Husain (2004)…. The Supreme Court regularly ignores the international consensus against punitive damages and broad discovery, which most of the world forbids in civil cases, but the U.S. permits.”
“Long anticipated changes to the Federal Rules of Civil Procedure were approved by the United States Supreme Court on April 29, 2015. Absent congressional action, which is not expected, these new rules will take effect December 1, 2015. The most significant changes are in the area of discovery and there is hope among the defense bar that these changes may result in significant reductions in the cost and burden of discovery.” But will they? [James O’Neal and John Schlafer, Faegre Baker Daniels/JDSupra]
- Alan Dershowitz, Harvard lawprof, suing TD Garden over slip and fall in bathroom three years back [Boston Globe]
- “Harsh Sanction Proposed For Attorney Who Blogged About Probate Case” [Mike Frisch, Legal Profession Blog]
- Maryland veto sets back reform: “Governor Hogan, Civil Asset Forfeiture Is Inherently Abusive” [Adam Bates, Cato]
- “‘Vape’ bans have little to do with public health” [Jacob Grier, Oregonian in February]
- Academics prosper through expert witness work, part one zillion [Ira Stoll]
- Sounds good: call for civil procedure reform includes fact-based pleading, strict discovery limits, case-specific rules, and more [Jordy Singer, Prawfs, on recommendations from American College of Trial Lawyers Task Force on Discovery and Civil Justice and Institute for the Advancement of the American Legal System]
- Draft plan would arm FTC with vast power over data practices [James C. Cooper, Morning Consult, via @geoffmanne]
- Arkansas passes first-in-nation law to protect photographers’ rights, including right to film public employees/officials [Dan Greenberg, The Arkansas Project] “Colorado, Texas and California Lawmakers Introduce Bills to Protect Rights of Citizens to Record Cops” [Carlos Miller, Photography Is Not A Crime] On the other hand: “Texas Bill Would Make It Illegal For You To Film A Cop Beating You” [Lowering the Bar, more (“if you tell me I can’t film you in public, no matter what, filming you in public is going to move way up my priority list”)]
- “‘Deactivated’ Facebook Account Is Discoverable In Litigation” [Eric Goldman]
- Public records request for Oakland dataset makes good introduction to privacy issues in automatic license plate recognition [Cyrus Farivar, ArsTechnica] “Los Angeles Cops Argue All Cars in LA Are Under Investigation” [Jennifer Lynch, EFF]
- “Texas says it will stop collecting fingerprints of driver’s license applicants” [Dave Lieber, Dallas Morning News, earlier]
- “An elite that has lost the impulse to police itself” [Conor Friedersdorf; a contrary view, Stewart Baker podcast with Rebecca Richards, NSA director of privacy and civil liberties]
- “Stingrays and Police Secrecy” [Adam Bates, earlier]
- Taxopticon: “Newport News to begin scanning license plates to find delinquent taxpayers” [Theresa Clift, Daily Press (Virginia) via Amy Alkon]
“A federal judge in Washington, D.C., is demonstrating her impatience with pretrial document battles with a ruling titled ‘Order on One Millionth Discovery Dispute.'” [ABA Journal]
After receiving a complaint of health-status discrimination from a Royal Caribbean Cruise Lines employee, followed by a response from the company saying that the employee was a foreign national working on a foreign-flagged ship and therefore not subject to EEOC authority, the agency launched a massive fishing expedition:
(1) List all employees who were discharged or whose contracts were not renewed [from August 25, 2009, through the present] due to a medical reason.
(2) For each employee listed in response to request number 1, include the employee’s name, citizenship, employment contract, position title, reason for and date of discharge, a copy of the separation notice and the last known contact information for each individual.
(3) For each employee listed in response to request number 1, include their employment application and related correspondence, any interview notes, the identity of the person who hired the employee, how the employee obtained the position (i.e., online, in person, recruiter), the location where the employee was interviewed, and the identity and location of the person who made the final hiring decision.
(4) List all the persons who applied for a position but were not hired within the relevant period due to a medical reason
(5) For each person listed in response to request number 4, include their citizenship, employment application and related correspondence, any interview notes, the identity of the person [who] hired the employee, how the employee learned of the position (i.e., online, in person, recruiter), the location where the employee was interviewed, and the identity and location of the person who made the final hiring decision.
The cruise line complied in (massive) part, but not fully, “providing records for employees and applicants who were United States citizens” but not others. The agency took the dispute to court and proceeded to lose at every stage, the Eleventh Circuit being the latest to find its information demands burdensome and irrelevant: “The relevance necessary to support a subpoena for the investigation of an individual charge is relevance to the contested issues that must be decided to resolve the charge, not relevance to issues that may be contested when and if future charges are brought by others.” [Hunton and Williams; Phelps Dunbar]
Meanwhile, the commission has issued its fiscal 2014 performance report; in explaining a drop in resolved complaints, its public statement cites the “lingering effects of sequestration and the government shutdown” but not the marked skepticism that judges repeatedly showed toward EEOC positions through the year.
More from Scott Shackford, Reason: “Oppressive subpoenas like this happen all the time, which is probably why Houston didn’t even realize it was poking at a hornet’s nest. Cities across the country fight back like this against citizens attempting to exert their right to influence municipal policy. … If the targets hadn’t been pastors, would we even had known about the subpoenas?”