Overlawyered » forfeiture http://overlawyered.com Chronicling the high cost of our legal system Tue, 14 Feb 2012 16:11:47 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 October 14 roundup http://overlawyered.com/2011/10/october-14-roundup-3/ http://overlawyered.com/2011/10/october-14-roundup-3/#comments Fri, 14 Oct 2011 05:24:11 +0000 Walter Olson http://overlawyered.com/?p=25030
  • Pre-terror-attack antibiotic availability? HHS doesn’t think you’re sophisticated enough to handle that freedom [Stewart Baker]
  • Uh-oh: some New York lawmakers want “a more refined First Amendment” [Slashdot, Lucy Steigerwald]
  • Wal-Mart v. Dukes decision could curb certification of some wage and hour class actions [Fox]
  • “Miss. Supreme Court Removes Judge from $322M Asbestos Case Because of Dad’s Lawsuits” [ABA Journal]
  • Mass. town wants to seize family motel under forfeiture law, IJ objects [Jacob Sullum, Mark Perry]
  • Will FDA use its new tobacco-regulatory power to stub out cigars? [DC]
  • “Dole settles pesticide litigation” [WSJ Law Blog, background]
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    ]]>     http://overlawyered.com/2011/10/october-14-roundup-3/feed/ 1     September 12 roundup http://overlawyered.com/2011/09/september-12-roundup/ http://overlawyered.com/2011/09/september-12-roundup/#comments Mon, 12 Sep 2011 12:37:28 +0000 Walter Olson http://overlawyered.com/?p=24482
  • Ninth Circuit: Holland America cruise line not responsible for customer’s swimming mishap at Mexican beach [Metropolitan News-Enterprise]
  • “President Perry would mean high noon for trial lawyers” [Kurt Schlichter, Washington Examiner; Politico; Prof. Bainbridge ("If the trial lawyers hate Rick Perry, maybe I should reconsider him")] Christie praises Perry’s “laudable” record on liability reform [PolitickerNJ] “Perry’s ‘loser pays’ is an economic winner” [Patrick Gleason and Jason Russell, Washington Times; Mass Tort Prof; background] Missing the point on the Texas med-mal experience [Coyote, earlier here, here, etc.] A bad sign: Gov. Perry reaches out to Maricopa County sheriff Joe Arpaio [NRO, background] Another: courting social conservative vote, he pledges interference in state marriage law Houston Chronicle.
  • Alan Lange and Tom Dawson discuss their Dickie Scruggs book [Above the Law, background]
  • Hospital pays $25M to settle lawsuit charging lack of Katrina preparedness [White Coat]
  • Democratic majority on CPSC plans to ram through burdensome CPSIA testing and certification rule next month [Commissioner Nancy Nord, more]
  • For matching willing buyers with sellers through Canadian pharmacy ads, Google agrees to pay fine of $500 million, a forfeiture geared to the revenue the pharmacies (not it) took in from the ads [Atlantic Wire, Chris Fountain]
  • “Woman Won’t Have to Pay for Her Own Cavity Search” [Lowering the Bar]
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    ]]>     http://overlawyered.com/2011/09/september-12-roundup/feed/ 3     Feds’ lucrative forfeiture program http://overlawyered.com/2011/08/feds-lucrative-forfeiture-program/ http://overlawyered.com/2011/08/feds-lucrative-forfeiture-program/#comments Wed, 24 Aug 2011 12:30:03 +0000 Walter Olson http://overlawyered.com/?p=24286 The WSJ has been doing a series on asset seizures and Tim Lynch at Cato sums up some of the highlights.

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    ]]>     http://overlawyered.com/2011/08/feds-lucrative-forfeiture-program/feed/ 0     “Louisiana Legislators Narrowly Reject Car Seizure for Littering” http://overlawyered.com/2011/06/louisiana-legislators-narrowly-reject-car-seizure-for-littering/ http://overlawyered.com/2011/06/louisiana-legislators-narrowly-reject-car-seizure-for-littering/#comments Sat, 25 Jun 2011 17:25:28 +0000 Walter Olson http://overlawyered.com/?p=23559 A near encounter with forfeiture madness in the Pelican State [The Newspaper]:

    Under the legislation, impounded vehicles [of third-conviction litterers] would be sold at auction with the revenue split 10 percent to the towing company, 30 percent to the local police or investigative agency, 10 percent to the indigent defender board, 20 percent to the prosecutor and 30 percent to the state. The vehicle would be seized regardless of whether the offender was also the owner of the car. A bank or other lien holder on a leased car would have to pay “all towing and storage fees” before recovering their property.

    According to The Newspaper, the bill passed the Louisiana state senate by a vote of 34 to 1 before its defeat 49-46 in the state House.

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    ]]>     http://overlawyered.com/2011/06/louisiana-legislators-narrowly-reject-car-seizure-for-littering/feed/ 24     March 3 roundup http://overlawyered.com/2011/03/march-3-roundup-2/ http://overlawyered.com/2011/03/march-3-roundup-2/#comments Thu, 03 Mar 2011 05:08:06 +0000 Walter Olson http://overlawyered.com/?p=21796
  • EU imposes unisex insurance rates [BBC, Wright]
  • Law blog on the offense? TechnoLawyer asserts trademark claim against Lawyerist over “Small Law” [Lawyerist]
  • “Pro-business Supreme Court” meme strikes out yet again as SCOTUS backs “cat’s-paw” bias suit theory by 8-0-2 margin [Josh Blackman, Schwartz, Fox; Lithwick locus classicus]
  • Subprime CDO manager sues financial writer Michael Lewis over statements in his book The Big Short [AW, Salmon, Kennerly]
  • Police in Surrey, England, deny advising garden shed owners not to use wire mesh against burglars [Volokh, earlier]
  • Patterns of intimidation: protesters swarm Speaker Boehner’s private residence [Hollingsworth, Examiner] Unions fighting Wal-Mart in NYC plan actions at board members’ homes [Stoll] Report: GOP lawmakers in Wisconsin fear for personal safety [Nordlinger, NRO] White House pushing street protests [Welch, Nordlinger] Age of Civility short lived [Badger Blogger, Althouse, Sullivan]
  • In clash with trial lawyers, Cuomo proposes pain and suffering limits in med-mal suits [NYDN, more: NYT] “Bloomberg looks to Texas for ideas on changing medical malpractice laws” [City Hall News]
  • Hey, should we seize his drum set? Infuriating video on cop raids and forfeiture laws [Institute for Justice, Michigan]
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    ]]>     http://overlawyered.com/2011/03/march-3-roundup-2/feed/ 1     “Cleared of Theft, But Not To Reclaim Property” http://overlawyered.com/2010/12/cleared-of-theft-but-not-to-reclaim-property/ http://overlawyered.com/2010/12/cleared-of-theft-but-not-to-reclaim-property/#comments Wed, 15 Dec 2010 14:32:52 +0000 Walter Olson http://overlawyered.com/?p=20640 “The owners of property seized as evidence in theft cases often have to sue to get it back, even if all charges are dismissed.” [John Eligon, New York Times]

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    ]]>     http://overlawyered.com/2010/12/cleared-of-theft-but-not-to-reclaim-property/feed/ 0     December 4 roundup http://overlawyered.com/2010/12/december-4-roundup-2/ http://overlawyered.com/2010/12/december-4-roundup-2/#comments Sat, 04 Dec 2010 05:17:29 +0000 Walter Olson http://overlawyered.com/?p=20476
  • Will they get group discounts on lawyers? Groupon vs. MobGob patent brawl [TechCrunch]
  • Why American courts should sometimes recognize Islamic law [series of Eugene Volokh posts]
  • No, it’s not a “public health issue”: “The Case Against Motorcycle Helmet Laws” [Steve Chapman, syndicated/RCP]
  • Failed system of justice on some Indian reservations [McClelland, Mother Jones]
  • Ten years ago: Morgan Lewis & Bockius handed mlb.com domain over to its client Major League Baseball [Ross Davies, SSRN]
  • City of Boston adds insult to injury after employee runs into building [TJIC, Popehat]
  • Citing fans’ drug use, feds seek forfeiture of farm used for Grateful Dead tribute concerts [Greenfield]
  • Johann Sebastian Bach, serial copyright violator [Cavanaugh, Reason]
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    ]]>     http://overlawyered.com/2010/12/december-4-roundup-2/feed/ 0     June 3 roundup http://overlawyered.com/2010/06/june-3-roundup/ http://overlawyered.com/2010/06/june-3-roundup/#comments Thu, 03 Jun 2010 05:07:56 +0000 Walter Olson http://overlawyered.com/?p=17615
  • I’ve got a new post at Cato at Liberty tying together prosecutors’ demands for business forfeiture for immigration violations with proposals to criminalize employee misclassification;
  • I can’t believe it’s not a lawsuit: margarine class action melts away [Cal Biz Lit]
  • Guess what, your asbestos trial is scheduled in 11 days [Korris, MC Record]
  • “This website has to be removed”: mayor of Bordentown, N.J. wants to shut down online critic [Citizen Media Law]
  • What is a think tank and what does it do? I and others contribute answers at Allen McDuffee’s Think Tanked blog;
  • No surprise here: Insurer offers policy to cover things that go wrong in medical tourism, but won’t cover USA residents or facilities [Treatment Abroad via White Coat]
  • Pennsylvania law curbing med-mal forum-shopping disappoints lawyers who used to head for Philly or Wilkes-Barre [Sunbury, Pa. Daily Item via, again, White Coat]
  • New Haven pizzeria busted: owners let their kids work at restaurant [Amy Alkon]
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    ]]>     http://overlawyered.com/2010/06/june-3-roundup/feed/ 0     Government seeks forfeiture, managers’ prison time for hiring illegal aliens http://overlawyered.com/2010/06/government-seeks-forfeiture-managers-prison-time-for-hiring-illegal-aliens/ http://overlawyered.com/2010/06/government-seeks-forfeiture-managers-prison-time-for-hiring-illegal-aliens/#comments Tue, 01 Jun 2010 14:18:12 +0000 Walter Olson http://overlawyered.com/?p=17580 “While the Government does not have experience running a French bakery, they are getting very serious about enforcing I-9 regulations.” [Greg Berk, California Labor and Employment Law Blog]

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    ]]>     http://overlawyered.com/2010/06/government-seeks-forfeiture-managers-prison-time-for-hiring-illegal-aliens/feed/ 2     New report on civil asset forfeiture http://overlawyered.com/2010/04/new-report-on-civil-asset-forfeiture/ http://overlawyered.com/2010/04/new-report-on-civil-asset-forfeiture/#comments Thu, 01 Apr 2010 09:59:08 +0000 Walter Olson http://overlawyered.com/?p=16749
    From the Institute for Justice (via Tim Lynch, Cato-at-Liberty). More: National Law Journal.

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