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Illinois

Liability roundup

by Walter Olson on December 12, 2014

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Substitute-teaching for one day triggered entitlement to a tax-funded pension worth nearly $1 million for a pair of Illinois teacher’s union lobbyists [Adam Andrzejewski, Forbes, citing 2011 Chicago Tribune investigation]

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Organized trial lawyers usually don’t make minimum wage increases a top priority, but they may do so in order to deprive incoming GOP Gov. Bruce Rauner of leverage he might use to extract liability reform. [Rich Miller, Crain's Chicago Business]

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Election open thread

by Walter Olson on November 5, 2014

Trial lawyer and inveterate Litigation Lobby booster Bruce Braley lost his Iowa senate bid (“He comes across as arrogant, and I think it’s because he is,” said an unnamed Democratic official.) Sen. Mark Pryor, chief Senate handler of the awful CPSIA law, lost big.

Massachusetts voters again rejected Martha Coakley, whose prosecutorial decisions we have found so hard to square with the interests of justice. The Wisconsin Blue Fist school of thought, which sees organized government employees as the natural and truly legitimate governing class, met with a rebuff from voters not only in Wisconsin itself but in neighboring Illinois (where Gov. Quinn, of Harris v. Quinn fame, went down to defeat) and elsewhere. Colorado voters rejected GMO labeling, while a similar Oregon bill was trailing narrowly this morning but not with enough votes to call.

California voters rejected Prop 46, to raise MICRA medical liability limits, require database use and impose drug testing of doctors, by a 67-33 margin, and also rejected Prop 45, intensifying insurance regulation, by a 60-40 margin (earlier).

I’ve written a lot at my Free State Notes blog about the governor’s race in my own state of Maryland, and unlike most others was not surprised at Larry Hogan’s stunning upset victory. The politics category there includes my letter to Washington Post-reading independents and moderates about why they should feel comfortable electing Hogan as a balance to the state’s heavily Democratic legislature, as well as my parody song about what I thought a revealing gaffe by Hogan’s opponent, Lieutenant Governor Anthony Brown.

October 31 roundup

by Walter Olson on October 31, 2014

  • “Government Is the Biggest Threat to Innovation, Say Silicon Valley Insiders” [J.D. Tuccille, Reason]
  • Acrimonious split between Overlawyered favorite Geoffrey Fieger and long-time law partner Ven Johnson [L.L. Brasier, Detroit Free Press]
  • Case against deference: “Now More Than Ever, Courts Should Police Administrative Agencies” [Ilya Shapiro on Perez v. Mortgage Bankers Association; boundary between "interpretive" and "legislative" agency rules]
  • “The Canary in the Law School Coal Mine?” [George Leef, Minding the Campus] Ideological diversity at law schools [Prof. Bainbridge and followup]
  • Familiar (to economists) but needed case against state auto dealership protection laws [Matt Yglesias, Vox; our tag]
  • Trial lawyers dump millions into attempt to defeat Illinois high court justice Lloyd Karmeier [Chamber-backed Madison County Record, Southern Illinoisan]
  • A genuinely liberal regime would leave accreditation room for small Massachusetts college that expects students to obey Biblical conduct standards [Andrew Sullivan, more]

Mr. Wemple’s various lawsuits have named as defendants all Illinois judicial circuits as well as, more recently, “the Illinois State Bar Association and all of its members,” for conscripting him into a legal process that is “defective and unsafe for its intended purpose in that it generates degeneration financially, psychologically and/or physically.” One of his filings charged the state bar association with “treason” of sundry varieties, not a well-formed complaint since “treason is a criminal offense, not a basis for a civil lawsuit.” A no-longer-patient judge has ordered him added “to the list of ‘restricted filers’ (sometimes called ‘vexatious litigants’) who typically must seek leave before filing anything (and pay fees up front) because of this sort of history.” [Lowering the Bar]

Really, the headline is as good an introduction to this tangled web as any: “Clifford firm contributes $150K to unseat Justice on the same day he’s in court saying campaign money corrupted Supreme Court.” [Madison County Record, related post ten years ago] Also, Illinois election officials say the state may need to have a slow Election Night [The Southern Illinoisan]

Politics roundup

by Walter Olson on September 8, 2014

  • California may lead in number of arrested lawmaker scandals but jealous New York vows to catch up [NYDN]
  • Will voters in hotly contested Massachusetts primary remember Martha Coakley’s central role in the Amirault travesty of justice?
  • “State of unions: Illinois’ big unionized workforce has become a big campaign issue” [Peoria Journal Star] Teachers’ union top priority: unseat GOP governors [Politico]
  • In which I’m quoted saying relatively favorable things about left-leaning New York gubernatorial candidate Zephyr Teachout (though “enjoyed interacting with” is a long way from “would consider voting for”) [Capital New York]
  • Meet the trial-lawyer-driven group behind the Rick Perry indictment [Texas Tribune; more of what's up in Texas]
  • Senate incumbents Reid, Pryor, and Durbin and hopeful Bruce Braley among recipients of asbestos law firm money [MCR, Legal NewsLine] Key trial lawyer ally Durbin has slipped in polls [Chicago Sun-Times]
  • Montana Democrats’ candidate for U.S. Senate looking a little Wobbly [Lachlan Markay, Free Beacon; A. Barton Hinkle, Richmond Times-Dispatch; #wobblydem]
  • “The tie that binds public employee unions and Wall Street” [Daniel DiSalvo] “Unions Manipulate New York City’s Public Pension Funds To Punish Their Enemies” [NYT via Jim Epstein, Reason]
  • Illinois latest state to pass “ban the box” law restricting employers’ inquiries on criminal records [Workplace Prof]
  • Two ex-football pros file suit claiming union conspired with owners on concussions [Bloomberg]
  • Average Illinois public retiree’s pension rapidly narrowing gap with average salary of worker still on job [Jake Griffin Daily Herald via Reboot Illinois] By 2006, 1,600 California prison guards were making $110K+, plus more on tendency of state/local government pay to outrun private [Lee Ohanian via Tyler Cowen]
  • Great moments in employment law: Seventh Circuit says other employees’ having sex on complainant’s desk not hostile work environment when not targeted at gender [Eric B. Meyer]
  • Next step signaled in SEIU fast food protest campaign: unlawful property occupations [AP, Chicago Tribune, arrests in May]
  • Trial lawyer win: Obama federal-contractor fiat will forbid pre-dispute agreements to submit bias claims to binding arbitration [AP, AAJ jubilates]

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An Illinois state employee “was dismissed in 2011 from her $115,000 per year job as an arbitrator for the Illinois Workers’ Compensation Commission after a series of stories in the News-Democrat concerning more than $10 million paid to prison guards who complained that turning keys and operating locks caused them to be injured.” The investigation indicated that the arbitrator tried to hide from the press a disability application by a former state trooper convicted of causing highway deaths, and allegedly used her position in an unsuccessful attempt to pressure state officials to speed up her own claim, commenting that she had ‘two mortgages’ to pay.” After her departure from the arbitrator job she “found work training others for the very job from which she was fired,” and now is endeavoring to collect a “pending $25,000 settlement for a disability primarily attributed to typing,” which the state is resisting. [Belleville, Ill., News-Democrat]

For Daniel Taylor to be convicted of a murder committed while he was actually behind bars, at least three things had to happen: 1) a supposed confession extracted by Chicago police; 2) a conveniently corroborative sighting of Taylor at the scene by another cop; 3) improper withholding of exonerating evidence by the Illinois prosecutor. A Center on Wrongful Convictions video (via Balko)(& welcome Above the Law readers).

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Politics roundup

by Walter Olson on May 26, 2014

  • NY Assembly Speaker Sheldon Silver hangs blame for a retrospectively unpopular position on the *other* Sheldon Silver. Credible? [NY Times via @jpodhoretz]
  • Julian Castro, slated as next HUD chief, did well from fee-splitting arrangement with top Texas tort lawyer [Byron York; earlier on Mikal Watts]
  • 10th Circuit: maybe Colorado allows too much plebiscitary democracy to qualify as a state with a “republican form of government” [Garrett Epps on a case one suspects will rest on a "this day and trip only" theory pertaining to tax limitations, as opposed to other referendum topics]
  • “Mostyn, other trial lawyers spending big on Crist’s campaign in Florida” [Chamber-backed Legal NewsLine; background on Crist and Litigation Lobby] “Texas trial lawyers open checkbooks for Braley’s Senate run” [Legal NewsLine; on Braley's IRS intervention, Watchdog]
  • Contributions from plaintiff’s bar, especially Orange County’s Robinson Calcagnie, enable California AG Kamala Harris to crush rivals [Washington Examiner]
  • Trial lawyers suing State Farm for $7 billion aim subpoena at member of Illinois Supreme Court [Madison-St. Clair Record, more, yet more]
  • Plaintiff-friendly California voting rights bill could mulct municipalities [Steven Greenhut]
  • John Edwards: he’s baaaaack… [on the law side; Byron York]
  • Also, I’ve started a blog (representing just myself, no institutional affiliation) on Maryland local matters including policy and politics: Free State Notes.

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To curtail parody, stop being so parody-able in the aftermath of your decision to send cops after your Twitter critics [Radley Balko, more, earlier] Related: “Watch Repairer Goes Legal Over Tame Yelp Review, Streisand Effect Takes Over” [Geigner, TechDirt]

“Not long after learning about the parody Twitter account @Peoriamayor, the city’s real mayor, Jim Ardis, told police he wanted to find out who was publishing sometimes vulgar messages there, according to a search warrant filed Thursday. … Two judges signed off on warrants to get information from Twitter and Comcast. Another judge approved a Tuesday afternoon raid.” [Peoria Journal-Star via Scott Shackford/Reason; Justin Glawe, Vice]

P.S. Related from Starkville, Mississippi last year.

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It is now legally safer to record Illinois public servants generally, as well as cops in particular, as they go about their public duties. [Timothy Geigner, TechDirt]

  • 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]

Columnist George Will cites the Cato Institute amicus brief in Harris v. Quinn, the Supreme Court case over whether states may properly herd home caregivers reimbursed by government checks into collective representation [syndicated]. Earlier here. More: Ilya Shapiro, Michael Greve.

More: Reports on the oral argument from Ilya Shapiro, Cato, and from Reuters.

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