Overlawyered » Louisiana 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 Louisiana: secondhand dealers must report customers to police http://overlawyered.com/2011/10/louisiana-secondhand-dealers-must-report-customers-to-police/ http://overlawyered.com/2011/10/louisiana-secondhand-dealers-must-report-customers-to-police/#comments Sun, 16 Oct 2011 14:28:13 +0000 Walter Olson http://overlawyered.com/?p=25156 The law is meant to reach anyone who buys or otherwise deals in used items at least once a month, and requires noncash payment methods. And that’s just the start: [Ackel & Associates]

…For every transaction a secondhand dealer must obtain the seller’s personal information such as their name, address, driver’s license number and the license plate number of the vehicle in which the goods were delivered. They must also make a detailed description of the item(s) purchased and submit this with the personal identification information of every transaction to the local policing authorities through electronic daily reports. If a seller cannot or refuses to produce to the secondhand dealer any of the required forms of identification, the secondhand dealer is prohibited from completing the transaction.

P.S. According to James in comments, the quoted account exaggerates the stringency of the law in question as well as its novelty. More: Volokh, Opposing Views, Greenfield, Masnick.

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]]> http://overlawyered.com/2011/10/louisiana-secondhand-dealers-must-report-customers-to-police/feed/ 11 “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 “2006 Louisiana environmental law leads to jackpot justice” http://overlawyered.com/2011/05/2006-louisiana-environmental-law-leads-to-jackpot-justice/ http://overlawyered.com/2011/05/2006-louisiana-environmental-law-leads-to-jackpot-justice/#comments Mon, 30 May 2011 13:05:49 +0000 Walter Olson http://overlawyered.com/?p=23173 Ted at Point of Law has details on an environmental-remediation law that has helped perpetuate a culture of big-ticket litigation: “One verdict awarded $54 million for environmental damage to a piece of land that was never worth more than $108,000.” We covered the long-running Exxon v. Grefer case, in which a jury ordered the oil company to pay $1 billion (later knocked down to $112 million) over an instance of contamination on land owned by a Louisiana judge’s family.

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]]> http://overlawyered.com/2011/05/2006-louisiana-environmental-law-leads-to-jackpot-justice/feed/ 11 “Lawyer asks for $10M in desegregation case” http://overlawyered.com/2011/05/lawyer-asks-for-10m-in-desegregation-case/ http://overlawyered.com/2011/05/lawyer-asks-for-10m-in-desegregation-case/#comments Mon, 16 May 2011 05:10:05 +0000 Walter Olson http://overlawyered.com/?p=22999 Opelousas, Louisiana: “The attorney who filed the original desegregation lawsuit against the St. Landry Parish School Board in 1965 is seeking nearly $10 million in legal fees for his work on the case over the past 46 years.” [AP/Daily World, Baton Rouge Advocate]

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]]> http://overlawyered.com/2011/05/lawyer-asks-for-10m-in-desegregation-case/feed/ 2 Update: teen who rode oil pump loses case http://overlawyered.com/2011/03/update-teen-who-rode-oil-pump-loses-case/ http://overlawyered.com/2011/03/update-teen-who-rode-oil-pump-loses-case/#comments Thu, 10 Mar 2011 13:43:30 +0000 Walter Olson http://overlawyered.com/?p=21883 Reversing a state appeals court, the Louisiana Supreme Court has reinstated summary judgment in favor of a defendant manufacturer in the case of a 13-year-old injured while playing unsupervised with an oil pump, “finding that riding an oil-well pump like it was an amusement park ride was not a reasonably anticipated use of the pumping unit at the time of its manufacture in the 1950’s.” [Wajert; earlier]

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]]> http://overlawyered.com/2011/03/update-teen-who-rode-oil-pump-loses-case/feed/ 6 February 22 roundup http://overlawyered.com/2011/02/february-22-roundup-2/ http://overlawyered.com/2011/02/february-22-roundup-2/#comments Tue, 22 Feb 2011 14:04:46 +0000 Walter Olson http://overlawyered.com/?p=21600
  • He wuz framed? Lawyers say wearing glasses will help a criminal defendant win acquittal [NYDN, ABA Journal]
  • “Are Judges ‘Employees’ Covered by State Antidiscrimination Law?” [Volokh, Fox]
  • Pursuing food safety, Congress ensures only unintended consequences [Paul Schwennesen, The Freeman]
  • High cost of litigation for Louisiana cities and towns [LLAW, PDF, via NJLRA; Daily Comet]
  • Calif. Kwikset decision not entirely a debacle for defendants [Russell Jackson, earlier] More: Cal. Civil Justice.
  • Pennsylvania lawmakers consider reform of joint and several liability [Post-Gazette]
  • Lawsuit fears tame a Frederick, Md. ice playground [Free-Range Kids]
  • Following scrutiny by Albuquerque newspaper, lawyer drops life insurance class action settlement [ten years ago on Overlawyered]
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    ]]>     http://overlawyered.com/2011/02/february-22-roundup-2/feed/ 3     “Interior inspector general: White House skewed drilling-ban report” http://overlawyered.com/2010/11/interior-inspector-general-white-house-skewed-drilling-ban-report/ http://overlawyered.com/2010/11/interior-inspector-general-white-house-skewed-drilling-ban-report/#comments Sat, 20 Nov 2010 13:45:53 +0000 Walter Olson http://overlawyered.com/?p=20227 Federal judge Martin Feldman was vilified in some quarters for lifting the Obama administration’s Gulf deepwater drilling moratorium, but in retrospect “arbitrary and capricious” seems if anything generous as a description of the Interior Department’s actions. [Politico]

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    ]]>     http://overlawyered.com/2010/11/interior-inspector-general-white-house-skewed-drilling-ban-report/feed/ 0     Court: riding oil pump like toy horse could be “reasonably anticipated” use http://overlawyered.com/2010/11/court-riding-oil-pump-like-toy-horse-could-be-reasonably-anticipated-use/ http://overlawyered.com/2010/11/court-riding-oil-pump-like-toy-horse-could-be-reasonably-anticipated-use/#comments Fri, 19 Nov 2010 14:10:26 +0000 Walter Olson http://overlawyered.com/?p=20223 By reversing a grant of summary judgment, a Louisiana court has reinstated a suit alleging that the manufacturer of a 50-year-old oil pump should have reasonably anticipated that a 13-year-old boy would climb onto its moving pendulum and attempt to ride it for fun, thus injuring himself. As evidence that such a use was reasonably foreseeable, plaintiffs offered three instances in which kids had been hurt attempting similar stunts in other states — all of which, as it happened, had occurred well after the making of the Louisiana pump, leaving it unclear in what way they could have served to put its manufacturer “on notice” of anything. [Sean Wajert]

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    ]]>     http://overlawyered.com/2010/11/court-riding-oil-pump-like-toy-horse-could-be-reasonably-anticipated-use/feed/ 4     September 21 roundup http://overlawyered.com/2010/09/september-21-roundup-2/ http://overlawyered.com/2010/09/september-21-roundup-2/#comments Tue, 21 Sep 2010 13:29:08 +0000 Walter Olson http://overlawyered.com/?p=19307
  • Facing four harassment claims, embattled Philadelphia housing chief files his own suit for $600K+ [Inquirer]
  • “Ohio State Abuses Trademark Law to Suppress a Fan Magazine and Website” [Paul Alan Levy, CL&P]
  • “Judge Dismisses Baltimore Blight Suit Against Wells Fargo, Will Allow Refiling” [ABA Journal]
  • Trial lawyer taking behind-the-scenes hand in Louisiana politics [OpenSecrets via Tapscott]
  • “Are hedge funds abusing bankruptcy?” [Felix Salmon and WSJ]
  • North Carolina alienation-of-affection law strikes again: “’Mistress Ordered to Pay $5.8 Million’ to Wronged Wife” [Volokh, Althouse]
  • “Lawyers take a haircut on a contingency fee in Colorado” [Legal Ethics Forum]
  • ADA lawsuits close another beloved eatery [Stockton, Calif.; six years ago on Overlawyered]
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    ]]>     http://overlawyered.com/2010/09/september-21-roundup-2/feed/ 1     September 2 roundup http://overlawyered.com/2010/09/september-2-roundup-2/ http://overlawyered.com/2010/09/september-2-roundup-2/#comments Thu, 02 Sep 2010 13:12:57 +0000 Walter Olson http://overlawyered.com/?p=19064
  • Elevator-injury case: “Citing Attorney’s Inflammatory Language, Court Erases Most of Jury Verdict” [Daily Business Report]
  • “Obama’s zealous civil rights enforcer gets busy” [Byron York, Examiner]
  • “Trend: Helicopter parents win kids in divorce” [Theresa Walsh Giarrusso, Atlanta Journal-Constitution "Momania"]
  • Faculty fracas: “An Angry Professor Mounts His Own Labor Protest in Alabama” [Chronicle of Higher Ed]
  • An opportunity for the Seventh Circuit to curb derivative strike suits? [CCAF]
  • Emily Bazelon on Phoebe Prince school-bullying story, cont’d [Slate, earlier]
  • Controversy as Louisiana governor Jindal hires longtime Overlawyered favorites Baron & Budd for BP suit [Dan Fisher, Forbes]
  • “Oz: A$100K for prisoner who fell out of bed” [seven years ago on Overlawyered]
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