Overlawyered » Long Island http://overlawyered.com Chronicling the high cost of our legal system Sat, 28 Mar 2015 01:16:11 +0000 en-US hourly 1 http://wordpress.org/?v=4.1.1 Law enforcement for profit roundup http://overlawyered.com/2015/03/law-enforcement-for-profit-roundup/ http://overlawyered.com/2015/03/law-enforcement-for-profit-roundup/#comments Fri, 20 Mar 2015 04:05:38 +0000 http://overlawyered.com/?p=52133 Missouri law incentivizes local ticket-writing, Illinois not so much. Guess how municipalities respond? [Jesse Walker] “Ferguson’s Court Fine Scandal Arose Because Of Its Bloated Government” [Scott Beyer; earlier on fines and fees in Ferguson here, here, here, here, here, here, here, etc.] “Nassau’s top cop orders retraining of officers who write fewest tickets” [Newsday via […]

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  • Missouri law incentivizes local ticket-writing, Illinois not so much. Guess how municipalities respond? [Jesse Walker] “Ferguson’s Court Fine Scandal Arose Because Of Its Bloated Government” [Scott Beyer; earlier on fines and fees in Ferguson here, here, here, here, here, here, here, etc.] “Nassau’s top cop orders retraining of officers who write fewest tickets” [Newsday via @GoLongIsland]
  • Maryland House passes forfeiture reform 81-54, with nearly all GOPers voting against the property rights side [my Free State Notes post, Maryland Reporter and more (Baltimore County Del. and former police officer John Cluster “said he hadn’t seen a single case of abuse in his time”), Jason Boisvert]
  • “Quiet change expands ATF power to seize property” [Adam Bates, Cato]
  • Meanwhile on the civil side, hedge funds place heavy bets on litigation finance [Paul Barrett, Business Week]
  • In news that will surprise few libertarians, debt collection on behalf of government agencies is fraught with problems [CNN project overview links to individual stories]
  • Among its numerous other problems, pending “human trafficking” bill would establish a fund to cycle fines back to law enforcement and victim advocates [Elizabeth Nolan Brown, Reason]
  • Investigation into forfeiture in Indiana [Indianapolis Star]
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    January 12 roundup http://overlawyered.com/2015/01/january-12-roundup-3/ http://overlawyered.com/2015/01/january-12-roundup-3/#comments Mon, 12 Jan 2015 05:05:56 +0000 http://overlawyered.com/?p=50048 “Don’t the attorneys who bring these [sled injury municipal] lawsuits have kids and don’t any of them go sledding together?” [Abby Schachter, Pittsburgh Tribune-Review, quoting my response to that question; Nicole Kaeding, Cato; earlier] Eighth Circuit sends back for reconsideration lower court’s $4.7 million fee award against EEOC to trucking company it sued [Transport Topics, […]

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  • “Don’t the attorneys who bring these [sled injury municipal] lawsuits have kids and don’t any of them go sledding together?” [Abby Schachter, Pittsburgh Tribune-Review, quoting my response to that question; Nicole Kaeding, Cato; earlier]
  • Eighth Circuit sends back for reconsideration lower court’s $4.7 million fee award against EEOC to trucking company it sued [Transport Topics, opinion, earlier]
  • Long Island: judges have awarded at least $638K in court appointments to influential Nassau Democrat [Newsday]
  • Or just call them “competition”: “Uber Called ‘Criminal Enterprise’ by Philadelphia Cab Owners” [Bloomberg]
  • Update: New Jersey attorney Paul Bergrin loses appeal in “No Kemo, no case” witness murder affair [opinion, 2012 round, earlier]
  • More on flaws of suit seeking to blame gun business for Sandy Hook massacre [Nicholas Johnson, Liberty and Law, earlier]
  • Local man tips Eugene Volokh, Ken White (Popehat), and Steve Hayward (Power Line Blog) to irresistible free-speech story, internet goes crazy [Pete McCarthy, Frederick News Post, on how Kirby Delauter story went viral; earlier]
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    “New York Woman Sues Police for Not Arresting Son” http://overlawyered.com/2014/12/new-york-woman-sues-police-not-arresting-son/ http://overlawyered.com/2014/12/new-york-woman-sues-police-not-arresting-son/#comments Fri, 19 Dec 2014 14:37:41 +0000 http://overlawyered.com/?p=50194 “A Long Island woman says in a lawsuit that her 29-year-old son died in a drunken driving crash because police decided not to arrest him on DWI charges earlier that night…. Restaurant chain Ruby Tuesday’s is also named in the lawsuit, because [the late Peter] Fedden was drinking there before the two crashes, according to […]

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    “A Long Island woman says in a lawsuit that her 29-year-old son died in a drunken driving crash because police decided not to arrest him on DWI charges earlier that night…. Restaurant chain Ruby Tuesday’s is also named in the lawsuit, because [the late Peter] Fedden was drinking there before the two crashes, according to [Fedden family lawyer Harry] Thomasson.” [NBC New York, auto-plays]

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    Schools roundup http://overlawyered.com/2014/11/schools-roundup-22/ http://overlawyered.com/2014/11/schools-roundup-22/#comments Fri, 21 Nov 2014 05:05:17 +0000 http://overlawyered.com/?p=49376 UCLA admins grovel, humiliate veteran profs over charges of “microaggression” [Heather Mac Donald, City Journal] Meanwhile, this piece on overuse of disability card/trigger warnings in academic settings has already gotten labeled #AbleistAbuse so read at own risk [June Thunderstorm, The Baffler] Toughened D.C. truancy laws “flooding schools with paperwork and pushing tardy students into the […]

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  • UCLA admins grovel, humiliate veteran profs over charges of “microaggression” [Heather Mac Donald, City Journal] Meanwhile, this piece on overuse of disability card/trigger warnings in academic settings has already gotten labeled #AbleistAbuse so read at own risk [June Thunderstorm, The Baffler]
  • Toughened D.C. truancy laws “flooding schools with paperwork and pushing tardy students into the criminal justice system” [WP]
  • Polite opinion beginning to turn in favor of procedural protections for accused in campus sex cases? [Ruth Marcus, Washington Post] Richard Painter: accused minorities may be at disadvantage under new house rules [Legal Ethics Forum]
  • Schoolboy hurts himself opening emergency exit at back of bus, lawsuit follows [NY Daily News]
  • Union fines Nassau Community College adjuncts for not “supporting” strike, including one who was on leave at time [Newsday] P.S. Union situation over at Rockland Community College has its own problems;
  • Before registering for classes, students at some universities must submit to Title IX training with wildly intrusive personal questions [Susan Fruth, FIRE]
  • Summary of Eric Hanushek’s expert report in Texas school finance case [Texas Public Policy Foundation]
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    Politics roundup http://overlawyered.com/2014/10/politics-roundup-14/ http://overlawyered.com/2014/10/politics-roundup-14/#comments Thu, 30 Oct 2014 04:05:44 +0000 http://overlawyered.com/?p=49145 Weekly Standard runs my parody song about the local governor’s race, “Show Me the Way to Frederickstown, or, Lost in Maryland“; Update: Here’s Lauren Weiner’s rendition, to the tune of “Sweet Betsy from Pike.” Freelance writer Lauren Weiner has lived in Baltimore since 1992. [improved YouTube link with video] Also on Maryland governor’s race: it’s […]

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  • Weekly Standard runs my parody song about the local governor’s race, “Show Me the Way to Frederickstown, or, Lost in Maryland“; Update: Here’s Lauren Weiner’s rendition, to the tune of “Sweet Betsy from Pike.” Freelance writer Lauren Weiner has lived in Baltimore since 1992. [improved YouTube link with video]
  • Also on Maryland governor’s race: it’s not every day a GOP challenger blames a Democratic incumbent for issuing too few pardons [Radley Balko; more on clemency]
  • Harry Reid forces are latest to demagogue Stand Your Ground laws and role of American Legislative Exchange Council (ALEC), but Glenn Kessler calls them on it with Four Pinocchios [Washington Post “Fact Checker”]
  • Enough non-citizens vote illegally “that their participation can change the outcome of close races.” [Jesse Richman and David Earnest, Washington Post Monkey Cage; a response]
  • State attorney general offices are now politicized and targets of lobbying, and why should we be surprised at that given all the power they’ve grabbed for themselves as business regulators in recent years? [David Boaz, Cato] Hot state-AG races this year include Wisconsin, Nevada, New Mexico, Arkansas [John Fund]
  • Two views on Alabama proposed Amendment One, curbing use of foreign law: Paul Horwitz (adds nothing to Alabama constitution not already there), Quin Hillyer (insurance against bad judicial decisionmaking);
  • More about the Greg Abbott tree-fall settlement called into question by opponent Wendy Davis [Hugh Kelly, TLR, earlier]
  • Long Island legislator withdraws from State Senate race after charges of high-dollar law-firm misconduct [Newsday]
  • Defaulted mortgages: “Coakley lawsuit has ties to key backer’s interests” [Boston Globe via Funnell] Flashback: Radley Balko in 2010 on Martha Coakley’s awful prosecutorial record (up to that point) [Politico; related, Harvey Silverglate on prosecutors who run for higher office; earlier]
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    “Iowa Troopers Steal $100,000 in Poker Winnings From Two Players Driving Through” http://overlawyered.com/2014/10/washington-post-forfeiture/ http://overlawyered.com/2014/10/washington-post-forfeiture/#comments Fri, 03 Oct 2014 12:10:57 +0000 http://overlawyered.com/?p=48215 Jacob Sullum traces how a gambling jackpot magically became a forfeiture jackpot (also from him, a history of how forfeiture law got so bad). The Washington Post followed up last month on its multi-part, front-page exposure of forfeiture law (Tim Lynch and Scott Shackford summarize some of its findings) with an op-ed from two former […]

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    Jacob Sullum traces how a gambling jackpot magically became a forfeiture jackpot (also from him, a history of how forfeiture law got so bad). The Washington Post followed up last month on its multi-part, front-page exposure of forfeiture law (Tim Lynch and Scott Shackford summarize some of its findings) with an op-ed from two former DoJ officials calling for abolition of the program they once helped run; Scott Greenfield has commentary on that as well as more generally on the costs of defense in forfeiture cases and on Nassau County, N.Y.’s resumption of the seizure of cars being driven by persons arrested for drunk driving, whether or not owned by those persons.

    From today’s Washington Post: “Activists and Hill staffers meet to discuss curbs to asset-forfeiture laws”. And George Leef writes in Forbes: “Time For Civil Asset Forfeiture Laws To Meet The Same Fate As Jim Crow.”

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    Discrimination law roundup http://overlawyered.com/2014/04/discrimination-roundup/ http://overlawyered.com/2014/04/discrimination-roundup/#comments Mon, 21 Apr 2014 04:05:28 +0000 http://overlawyered.com/?p=45025 Mayor de Blasio settles firefighter bias suit on terms sympathetic to plaintiffs [City Journal: Dennis Saffran and Seth Barron] One way to dodge some Culture War fights: roll meaning of “public accommodation” back to travel, lodgings, places of public amusement, etc. [Andrew Kloster, Heritage] As original/creative expression goes, florists and cake-bakers sometimes outdo NYT’s Greenhouse […]

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  • Mayor de Blasio settles firefighter bias suit on terms sympathetic to plaintiffs [City Journal: Dennis Saffran and Seth Barron]
  • One way to dodge some Culture War fights: roll meaning of “public accommodation” back to travel, lodgings, places of public amusement, etc. [Andrew Kloster, Heritage] As original/creative expression goes, florists and cake-bakers sometimes outdo NYT’s Greenhouse [Ann Althouse] From Dixie Chicks to Hobby Lobby, few escape hypocrisy when commerce collides with convictions [Barton Hinkle]
  • Department of Education’s Office of Civil Rights investigating Florida’s popular Bright Futures college scholarship program [Orlando Sentinel]
  • Do EEOC mediators overstate risk of legal action to extract big settlements from employers? [Bloomberg BNA, Merrily Archer on survey] New Colorado expansion of employment liability bad news for large and small employers alike [Archer]
  • “Religious exemptions — a guide for the confused” [Eugene Volokh]
  • Washington Post columnist repeats myth that Lilly Ledbetter “did not know she was being paid less than male counterparts” until after statute of limitations had run; Hans Bader corrects [letter to editor]
  • If helping out local people was one reason your town decided to back public housing, you might have been played for suckers [AP on DoJ suit against Long Island town over local preference]
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    Environmental roundup http://overlawyered.com/2014/01/environmental-roundup-9/ http://overlawyered.com/2014/01/environmental-roundup-9/#comments Fri, 31 Jan 2014 05:05:35 +0000 http://overlawyered.com/?p=43545 Behind costly EPA crackdown on wood-burning stoves, a whiff of sweetheart lawsuits? [Larry Bell] Reminder: California’s Prop 65 doesn’t actually improve public health, makes lawyers rich, and harasses business [Michael Marlow, WSJ] “What I learned from six months of GMO research: None of it matters” [Nathanael Johnson, Grist] Eminent domain threatens store owner in Fire […]

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  • Behind costly EPA crackdown on wood-burning stoves, a whiff of sweetheart lawsuits? [Larry Bell]
  • Reminder: California’s Prop 65 doesn’t actually improve public health, makes lawyers rich, and harasses business [Michael Marlow, WSJ]
  • “What I learned from six months of GMO research: None of it matters” [Nathanael Johnson, Grist]
  • Eminent domain threatens store owner in Fire Island’s Saltaire [NYP]
  • In case you haven’t seen this one: chemical content of all-natural foods [James Kennedy Monash]
  • “The court ordered that the county pay the turtles’ attorneys fees.” [Dan Lewis, Now I Know]
  • “On the government’s books, the switch [from steel to aluminum in Ford’s new F-150 pickup] is a winner because MPG goes up.” [William Baldwin, Forbes]
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    Politics roundup http://overlawyered.com/2014/01/politics-roundup-8/ http://overlawyered.com/2014/01/politics-roundup-8/#comments Fri, 24 Jan 2014 04:05:10 +0000 http://overlawyered.com/?p=43563 John Lott Jr. argues in new book that judicial-nominations system is broken; responses from Michael Teter, Clint Bolick, John McGinnis [Cato Unbound] “Weaponized IRS” meets Administration’s political needs at cost of future public trust [Glenn Reynolds, USA Today] “For some time, however, cause lawyers have moved in and out of government, thus complicating the traditional […]

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  • John Lott Jr. argues in new book that judicial-nominations system is broken; responses from Michael Teter, Clint Bolick, John McGinnis [Cato Unbound]
  • “Weaponized IRS” meets Administration’s political needs at cost of future public trust [Glenn Reynolds, USA Today]
  • “For some time, however, cause lawyers have moved in and out of government, thus complicating the traditional picture of lawyer-state opposition.” [Douglas Nejaime, “Cause Lawyers Inside the State,” SSRN via Legal Ethics Forum]
  • Gun rights: public opinion has changed over the decades in a big way [Bryan Caplan, Steven Greenhut]
  • “Mostyn Law Firm donates $1 million to help Wendy Davis in Texas governor’s race” [Washington Examiner, New Republic] Plaintiff’s bar supporting GOP primary challenges to Texas Supreme Court incumbents Phil Johnson, Jeff Brown, and Chief Justice Nathan Hecht [TLR] More: Legal NewsLine (Mark Lanier Law Firm largely funding challengers)
  • Nassau’s Kathleen Rice: “Anti-Corruption Panel Co-Chair Receives Big Donations From Sheldon Silver’s Law Firm” [Ken Lovett, NYDN]
  • Rule of thumb: a political party leans libertarian in proportion to the number of years since it last held the White House [Orin Kerr]
  • Dept. of Justice indicts a prominent Obama critic on campaign finance charge [Ira Stoll; more above]
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    Nocera on the “asbestos scam” http://overlawyered.com/2013/12/nocera-asbestos-scam/ http://overlawyered.com/2013/12/nocera-asbestos-scam/#comments Tue, 03 Dec 2013 12:47:53 +0000 http://overlawyered.com/?p=42825 Perhaps it was overreach for a prominent New York City plaintiff’s law firm to file asbestos litigation on behalf of Rep. Carolyn McCarthy, the famously fond-of-smoking Long Island Congresswoman now fighting lung cancer, against General Electric, Pfizer and more than 70 other companies. The high-profile case is focusing public attention on the legal fictions by […]

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    Perhaps it was overreach for a prominent New York City plaintiff’s law firm to file asbestos litigation on behalf of Rep. Carolyn McCarthy, the famously fond-of-smoking Long Island Congresswoman now fighting lung cancer, against General Electric, Pfizer and more than 70 other companies. The high-profile case is focusing public attention on the legal fictions by which lawyers have been lassoing seemingly conventional lung cancer cases and bringing them into the asbestos litigation system [Joe Nocera, New York Times; Daniel Fisher; earlier]

    P.S. Patterns of filing non-mesothelioma cancer cases reflect asbestos lawyers’ economic incentives [Daniel Fisher]

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