Posts Tagged ‘New Jersey’

March 18 roundup

  • “The FAA Says You Can’t Post Drone Videos on YouTube” [Vice] Agency rethinking position following outcry? [Photography Is Not a Crime]
  • Rep. Jackie Speier (D-Calif.) proposes bill directing Consumer Product Safety Commission (CPSC) to issue safety rules for detergent pods [Paula Bolyard, Heartland, quotes me; earlier] Bonus: Lenore Skenazy on CPSC zipper hooded sweatshirt recall;
  • New Jersey high court — Gov. Christie’s appointees included — will now take over direct enforcement of court’s previous decisions (“Mount Laurel”) requiring towns to adopt low-income housing quotas [Bergen County Record, earlier]
  • Bureau of Indian Affairs revises federal guidelines on Indian Child Welfare Act, and a nonprofit group of adoption attorneys says that not only were it and other stakeholder groups not consulted, but “entire sections” of the revision “completely disregard the best interest of children,” something ICWA alas encourages by its text [American Academy of Adoption Attorneys, earlier]
  • Should winning class action plaintiff lawyers be able to mark up their expenses, such as photocopying, as two law professors propose? [Andrew Trask last year]
  • “Attorney who appeared in more than 3,000 asbestos cases disbarred … ‘Excuse Man’ also loses license” [Chamber-backed Madison-St. Clair Record]
  • If you see an online ad for $199 divorce, maybe think twice before giving them your debit card info over the phone [KTVK, Phoenix]

Supreme Court roundup

Very Cato-centric this time:

  • Perez v. Mortgage Bankers: yes, agencies can dodge notice and comment requirements of Administrative Procedures Act by couching action as other than making new rule [SCOTUSBlog and more links, earlier; Michael Greve and followup; Daniel Fisher on concurrence by Justices Scalia, Thomas, and Alito and related on Thomas, Alito concurrences in Amtrak case]
  • New Jersey high court is unreasonably hostile to arbitration clauses, which raises issues worthy of review [Shapiro on Cato cert petition]
  • “When Wisconsin Officials Badger Their Political Opponents, It’s a Federal Case” [Ilya Shapiro, earlier here, here, etc.]
  • Richard Epstein on King v. Burwell oral argument [Hoover, earlier]
  • With Profs. Bill Eskridge and Steve Calabresi, Cato files probably its last same-sex marriage brief before SCOTUS [Shapiro; Timothy Kincaid, Box Turtle Bulletin]
  • On Abercrombie (religious headscarf) case, Jon Hyman sees an edge for plaintiff at supposedly pro-business Court [Ohio Employer Law Blog, earlier]
  • A different view on Fourth Amendment challenge to cops’ warrantless access to hotel guest registries [James Copland on Nicholas Quinn Rosenkranz brief; earlier Cato amicus]
  • “Why the Court Should Strike Down the Armed Career Criminal Act as Unconstitutionally Vague” [Trevor Burrus]

New Jersey gun laws: felony for possession of antique flintlock

Gordon VanGilder, a 72 year old retired schoolteacher, now faces felony charges for possessing a 225 year old flintlock pistol, which he says he told a sheriff’s deputy about during a routine traffic stop. [NRA YouTube] More: Charles Cooke, Scott Greenfield (current New Jersey law specifically prohibits possession of antique firearms, a provision one lawmaker there would like to fix). For more on the tender mercies of New Jersey gun control laws, see our coverage of the Brian Aitken case.

Liability roundup

  • Lester Brickman, others testify before House subcommittee on proposed asbestos-reform FACT Act [Chamber-backed Legal NewsLine]
  • “B.C. student-turned-dominatrix awarded $1.5M after car accident left her with new personality” [National Post]
  • Here, have some shredded fairness: New Jersey lawmakers advance False Claims Act bill with retroactive provisions [NJLRA] Maryland False Claims Act, which I warned about last year, reintroduced as leading priority of new attorney general Brian Frosh [Maryland Reporter; my coverage here, here, etc.]
  • Oregon: a “man badly burned when he poured gasoline on a fire is suing Walmart, claiming the gas can he bought there was defective.” [KOIN]
  • Minnesota jury is latest to buy sudden-acceleration case, awards $11 million against Toyota [Reuters]
  • Insurers, trial lawyers gear up for Texas legislative fight over hailstorm litigation [Bloomberg/Insurance Journal]
  • Breaks ankle in “watch this” stunt, files negligence claim, but some spoilsport posted the footage to YouTube [U.K.: City of London police]

Brian Aitken at Cato

In several 2010 posts we covered the story of Brian Aitken, who was imprisoned by the state of New Jersey simply for carrying unloaded guns and ammo in his trunk (really, that was the extent of the crime). Last week Cato hosted Aitken to talk on his new book The Blue Tent Sky: How the Left’s War on Guns Cost Me My Son and My Freedom. Tim Lynch of Cato moderated, and I gave comments. Event description:

In 2009 Brian Aitken, a media consultant and web entrepreneur, ran afoul of New Jersey’s draconian gun laws when he was arrested while transporting two handguns unloaded and locked in the trunk of his car. Despite the fact that Aitken owned the guns legally and had called the New Jersey State Police for advice on how to legally transport his firearms, he found himself sentenced to seven years in prison.

In 2010 New Jersey governor Chris Christie commuted Aitken’s sentence. But Aitken’s experience, like that of other law-abiding gun owners who’ve faced long prison sentences for honest mistakes, raises troubling questions about gun-law overreach, prosecutorial discretion, and judicial abdication.

I recommended the book as a riveting and outrageous read, yet leavened with hope because of the story of the strong public movement that formed to protest the injustice of his incarceration. In my comments, I mentioned the feds’ heavily armed raid on an Indiana antiquities collector. More on that story here.

Police and community roundup

  • Oh, no: “Ferguson to Increase Police Ticketing to Close City’s Budget Gap,” because three arrest warrants per household is still too low [Bloomberg News via Zach Weissmuller (& thanks for quote), earlier]
  • In years 2011/12 alone, one Buffalo officer “killed as many dogs in the line of duty as the entire NYPD.” [WGRZ]
  • “He believed the poor had the right to buy and sell.” Tunisia yes, Staten Island too? [David Boaz, USA Today]
  • “The language of protest: Race, rioting, and the memory of Ferguson” [Abigail Perkiss, NCC/Yahoo, mentions me]
  • “Red light cameras to go dark in New Jersey” [Josh Kaib, Watchdog Wire] “Public opinion swings hard against traffic cameras” [AutoBlog]
  • On interpreting statistics on race and policing, point counter-point [Scott Alexander, Ezra Klein, Alexander] Reminder: increasing ranks of black officers does not necessarily lead to fewer shootings of black civilians [Jamelle Bouie, Slate]
  • “Sex, Spice, and Small-Town Texas Justice: The Purple Zone Raid” [Reason.tv video]

Liability roundup

December 2 roundup

  • “Lying to a Lover Could Become ‘Rape’ In New Jersey” [Elizabeth Nolan Brown/Reason, Scott Greenfield]
  • “A $21 Check Prompts Toyota Driver to Wonder Who Benefited from Class Action” [Jacob Gershman, WSJ Law Blog]
  • On “right of publicity” litigation over the image of the late General George Patton [Eugene Volokh]
  • HBO exec: “We have probably 160 lawyers” looking at film about Scientology [The Hollywood Reporter]
  • Revisiting the old and unlamented Cambridge, Mass. rent control system [Fred Meyer, earlier]
  • Lawyers! Wanna win big by appealing to the jurors’ “reptile” brain? Check this highly educational offering [Keenan Ball]
  • “Suit claims Google’s listings for unlicensed locksmiths harmed licensed business” [ABA Journal]

Public employment roundup

  • Cute: Outgoing Massachusetts Gov. Patrick shifts 500 managers to union status, now incoming GOP successor can’t touch ’em [Fox Boston]
  • Despite opposition from police union, Montgomery County, Md. eventually managed to correct disability scam [Washington Post editorial, Ed Krayewski]
  • “Retired CUNY professor gets $560K a year pension” [New York Post]
  • “L.A. Cannot Afford Budget Busting Labor Agreements” [Jack Humphreville, CityWatch L.A.] Major changes needed to Nevada public collective bargaining laws [Las Vegas Review-Journal] “States And Cities Coming To Grips With Economic Reality” [Brett Joshpe, Forbes]
  • “Public-Sector Unions and Government Policy: Reexamining the Effects of Political Contributions and Collective Bargaining Rights” [George Crowley/Scott Beaulier, Mercatus, PDF]
  • “Newark forced to rehire tenured teacher despite new state law” [NJ.com]
  • Time Magazine says not-especially-controversial things about tenure system, gets attacked by teachers unions [Weekly Standard] Throwing their money and influence around in elections [RiShawn Biddle on Democracy Alliance, same on AFT]

Court dismisses suit by man who fell off chair in lawyer’s office

New Jersey: Monmouth County Superior Court Judge Dennis O’Brien has granted summary judgment to the defendant law firm of Wolff, Helies, Duggan Spaeth and Lucas and dismissed Thomas Hickey’s suit over his injuries in falling off a reclining chair in its office during a deposition. Hickey’s lawyers had argued that the law firm as owner and maintainer of the chair was negligent not to check its settings for safety before each use. The court found that whatever hazards might inhere in the chair’s low-tension setting, Hickey had been sitting in it for 90 minutes which was “sufficient time for him to learn the chair was designed to tilt and to appreciate its tension setting.” [Ashley Peskoe, NJ.com]

More chronicles of office-chair falls here (law office, Palm Beach, Fla.), here (law office, New York, N.Y.), here (NYC police detective shot by self in tippy chair), and here (U.K. law firm ad).