White Coat examines the case of King v. St. Barnabas, in which a New York appellate court approved a suit against first responders who failed in attempts to revive a prison guard who collapsed while playing basketball and was found unresponsive and not breathing. [Emergency Physicians Monthly] A different view: Max Kennerly.
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New York
Follow the bouncing blame: “Pleasantville police officer Aaron Hess, who shot and killed Pace University football player Danroy Henry, Jr., is suing a local liquor store for allegedly providing Henry with alcohol. … Hess has been cleared of any wrongdoing by a grand jury but the U.S. Department of Justice is reviewing the case and Henry’s family has filed a multimillion-dollar lawsuit against Hess and the police department.” [News12, NY]
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“Some lawmakers in Albany want a state law to prohibit doctors from wearing neckties in hospitals.” They cite a study showing that infectious bacteria might be “carried on ties and other loose-fitting clothing.” [AP/WHEC] More: Scott Greenfield.
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An opinion from New York’s highest court last month begins as follows:
Petitioner, a New York City police officer, retired in 2004 and was awarded accident disability benefits. In the following years, the police department received information indicating that petitioner was not disabled; that he had made false representations to the Pension Fund; and that he had ingested cocaine, thus becoming ineligible to return to duty. The City, understandably, claims that it should not have to continue paying him a pension.
Under New York law, however, the City is wrong, the court reluctantly concludes. Meanwhile (via Philip Howard’s Common Good) a New York law forbidding the closure of a unionized facility without a year’s notice has meant that a disused juvenile detention center upstate is being kept going with no clients: New York Gov. Andrew Cuomo says “We’re paying 30 staff people to baby-sit an empty building,” and calls it “bizarre.” And another state law requires that school districts field buses with capacity to seat every eligible child every day, which means that in districts like Port Washington, L.I., where many eligible children come to school by other means, buses routinely travel half full, at an unneeded cost the Port Washington superintendent estimates at $2 million a year.
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A Brooklyn woman intends to pursue further levels of judicial review after an appeals court denied her damages in a breast-feeding mix-up “because the error was discovered and fixed inside the hospital and her infant didn’t get sick or injured.” [Brooklyn Paper; another breastfeeding mixup case]
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- Maricopa-cabana: Sheriff Arpaio uses tank (with Steven Seagal along) to raid cockfight suspect [KPHO, Coyote, Greenfield, Balko]
- Malpractice reform in New York is about more than money (though it’s about that too) [Paul Rubin, TotM; NYDN]
- EEOC initiative combats alleged employer bias against unemployed job applicants [Bales/Workplace Prof, Hyman]
- After court rejection of Google Books settlement, where next? [Timothy Lee/ArsTechnica, David Post]
- When your lawyerly conduct has been eviscerated by Judge Easterbrook, you know it [Above the Law]
- Ninth Circuit rules on legality of keyword advertising using other firms’ trademarks [Coleman]
- Election showdown over future of Wisconsin Supreme Court [PoL, more, Esenberg, Althouse]
- Legal battle follows NYC’s attempted application of sidewalk bicycle ban to unicyclist [AP]
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Last week the New York Times ran a chilling investigative account of what goes on at New York group homes for the developmentally disabled, where employees in hundreds of cases appear to have abused or mistreated residents with impunity. Per the Times:
…in 25 percent of the cases involving physical, sexual or psychological abuse, the state employees were transferred to other homes. The state initiated termination proceedings in 129 of the [399] cases reviewed but succeeded in just 30 of them, in large part because the workers’ union, the Civil Service Employees Association, aggressively resisted firings in almost every case.
Revelations like this should be front and center in the unfolding debate over public employee unionization, but often aren’t. [h/t: James Sherk, NRO "Corner"]
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New York chief judge Jonathan Lippman floats a highly dubious idea that would build toward that even more dubious program of full employment for lawyers known as Civil Gideon. [NY Times, Alkon]
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- 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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Scott Greenfield calls to our attention a Rochester lawyer whose criminal defense clients are not only grateful, but rather more articulate than one might have expected.
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Ted Frank and Scott Greenfield suspect that some New York lawyers are soon going to be donating to judges they dislike, just to keep from drawing them for their case.
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“State Senator Jim Alesi fell off a ladder and broke his leg at someone else’s unfinished home three years ago – and now he’s blaming the homeowners for his injury. Alesi is also suing the home builder, Louis DiRisio.” Alesi has said he was checking out the development and didn’t realize the house in question, which he entered through an unlocked basement door, had already been sold to owners. The homeowners’ right to sue Alesi for trespassing has now expired under the statute of limitations, and they may be rethinking their decision not to press charges at the time. [WHAM, WHEC, Rochester Democrat & Chronicle] Update: he drops suit.
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A former Congressional candidate in Westchester County, N.Y. is suing 16 reporters, writers, campaign officials and others for $1 million apiece, saying they unfairly portrayed him as racist. Jim Russell ran unsuccessfully in the Nineteenth Congressional District against Rep. Nita Lowey (D-N.Y.), one of those named in his suit; he came under heavy criticism during the campaign over his 2001 authorship of a 16-page article in a publication called the Occidental Quarterly. [White Plains, N.Y. Journal-News] Last week we noted a lawsuit by a losing Congressional incumbent in Ohio.
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“In a brief opinion released today, the New York Court of Appeals agreed with lower courts that a golfer hit by an ‘errant’ shot could not sue his co-golfer for negligence, because one who chooses to golf assumes the risk of being whacked by a golf ball.” [Lowering the Bar, AP, earlier]
“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]
A New York law provides that new businesses cannot register names that employ words like “library”, “school” or “academy” without the prior approval of the state education department. The department declined to approve the application of a startup East Village confiserie that calls itself The Chocolate Library, so the owner has incorporated as Chocolate 101 while hoping for a change of heart on the registration issue. He called the dispute “ridiculous”: “No one is coming in here confusing us as a library.” [NYT "Diner's Journal"]
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