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North Carolina

Is a pattern developing in North Carolina? First an official in that state sought an investigation of a man who prepared a traffic analysis for a neighborhood group agitating for traffic signals, on the grounds that he was practicing engineering without a license. [News & Observer] Now a blogger who offers dietary advice based on his own struggles against diabetes faces possible charges of practicing nutrition without a license [Diabetes Warrior; via Radley Balko, earlier]

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January 5 roundup

by Walter Olson on January 5, 2012

  • Big business vs. free markets again: light bulb makers “fuming” over GOP effort to restore consumer choice [Sullum] Large grocery chains like DC’s bag tax [Tim Carney]
  • Eeeuw! Bystander can sue train fatality victim whose body part flew through air and hit her [Chicago Tribune]
  • “Recommended Cell-Phone Ban Comes as ‘Shocking,’ ‘Heavy-Handed’ To Some” [Josh Long, V2M]
  • “Exploding churros are newspaper’s fault, Chilean court rules” [AP]
  • In New Jersey and North Carolina, GOP friends of trial bar block legal reform bills [Armstrong Williams, Washington Times]
  • Kozinski vs. ill-prepared lawyer in case of Sheriff Arpaio vs. newspaper that covered him [The Recorder; Phoenix New Times case]
  • Federal judges block cuts to in-home personal care services in California, Washington [Disability Law, San Francisco Chronicle, KQED]

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Today I’m talking to state legislators courtesy of the American Legislative Exchange Council. Next week I head off for luncheon talks about my new book Schools for Misrule before Federalist Society lawyers’ chapters in Greenville, S.C. on Wed. Dec. 7, and Charlotte, N.C. on Thurs. Dec. 8. And then the following week I keynote the annual luncheon of the Colorado Civil Justice League Dec. 13 in Denver. If you’re in the audience, do introduce yourself!

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Medical roundup

by Walter Olson on October 20, 2011

  • View from Massachusetts General Hospital: drug shortages getting “dire” [WBUR, earlier here, here, here, etc.]
  • Medical liability roundup: Sheriff arrives at Ohio doctor’s home to enforce $9.7 million award blaming lack of Caesarean section for cerebral palsy [TribToday] North Carolina legislature overrides Gov. Beverly Perdue’s veto of liability limits [News & Observer via White Coat] Trial-lawyer-friendly Florida Supreme Court could strike down malpractice award limits in pending case [Orlando Business Journal]
  • “Antitrust rules handcuff physician-led delivery models” [American Medical News]
  • Relatedly, who was it who imagined anonymous denunciation of doctors was going to be a good idea? [Jay Hopkinson via Larry Ribstein]
  • New Medicare paperwork threat to clinical trials? [Beck]
  • Study: Elected coroners less likely to label deaths as suicide than appointed counterparts, family’s access to insurance benefits may be factor [Kevin B. O'Reilly, American Medical News]
  • “Gee, why wouldn’t Obama administration want judges and “public interest” lawyers running its new health care law?” [Mickey Kaus on New Republic report]

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July 18 roundup

by Walter Olson on July 18, 2011

  • Per New Jersey court, overly sedentary home office job can result in valid worker’s comp claim [Courier-Post, NJLRA]
  • Trial bar’s AAJ denies it played “direct” role in backing “Hot Coffee” [WaPo, some background]
  • “Cop repeatedly harasses waitresses, never disciplined. Feds defend their civil rights by . . . suing the restaurant.” [Palm Beach Post via Radley Balko]
  • On “unauthorized practice of law” as protective moat around profession’s interests, Britain does things differently [Gillian Hadfield via Andrew Sullivan; related, Larry Ribstein] Forthcoming book by Robert Crandall et al urges lawyer deregulation [Brookings]
  • “The Treaty Clause Doesn’t Give Congress Unlimited Power” [Ilya Shapiro, Cato on Golan v. Holder case headed to Supreme Court]
  • The small bank regulatory shakedown blues [Kevin Funnell] Why is the Department of Justice including gag orders as part of its enforcement decrees against banks on race and lending? [Investors Business Daily via PoL] “Emigrant fights back against mortgage-discrimination suits” [Fisher, Forbes] Dodd-Frank squeezing out community banks [Funnell]
  • “North Carolina to Seize Speeding Cars That Fail to Pull Over” [The Newspaper] “With what, a tractor beam?” [James Taranto]

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A volunteer clearing debris after the recent tornado in north Minneapolis has been hit with a $275 fine for tree trimming without a license [Star-Tribune via Coyote]

More: In other legal news of tree-trimming, Oracle CEO Larry Ellison has settled a battle with San Francisco neighbors over charges that the growth of their trees was spoiling his view [WSJ, more] And the city of Charlotte, N.C., has fined a local church $4,000, or $100 a branch, for excessively trimming crape myrtle trees on its own property under a city tree ordinance [Brittany Penland, Charlotte Observer via Amy Alkon]

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“From Winston-Salem to Nags Head, meat eaters are unable to order their burgers rare or even medium rare thanks to a state restriction that requires restaurants to cook ground beef to an internal temperature of 155 degrees Fahrenheit.” [Ben Muessig, AOL, related]

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The director of Orange County, N.C. emergency services had terminated the squad following complaints of unprofessionalism from other emergency responders, and it proceeded to sue. “The lawsuit, filed in federal court, claimed to be a class-action lawsuit for all the citizens of Orange County and those who transit through Orange County, but U.S. District Judge William J. Osteen Jr. wrote in his opinion that the rescue squad lacked standing to bring a class action lawsuit.” [Herald-Sun; background, Daily Tar Heel]

This time they’ve ensnared a judge accused of seducing another man’s wife. Maybe that will be enough to get the causes of action abolished at last. On John Edwards’s possible worries about legal liability, see this post from last year. [OnPoint]

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November 12 roundup

by Walter Olson on November 12, 2010

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September 23 roundup

by Walter Olson on September 23, 2010

September 21 roundup

by Walter Olson on September 21, 2010

  • 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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For your own good, of course — and so that they can make more arrests. [Radley Balko]

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Citizenry as suckers

by Walter Olson on September 3, 2010

Should the North Carolina tax department really behave as if it regards them as that? [Patrick at Popehat]

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The defendant wasn’t at trial and didn’t have a lawyer, and plans to appeal; the judgment might as well be for $73 gazillion, as the ex-husband is already in contempt of court for failure to pay spousal support. (Greensboro News-Record March 18 and March 17 via Volokh). We’ve been covering the issue for years, as a click on the tags will reveal.

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I’ll be speaking at Duke Law Monday about the Grand Theft Auto and other class action settlements. Come say hi.

A North Carolina Business Court judge has cut a proposed fee award in an investor class action arising from the Wells Fargo/Wachovia merger “because he thought lawyers had charged too much per hour and spent too much time working on the case.” [Triangle Business Journal]

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Per ABC News, Andrew Young says that Elizabeth Edwards has threatened him with a lawsuit under North Carolina’s law permitting lawsuits against third parties — not limited to paramours — who helped break up a marriage. We’ve been covering the workings of this law for years at Overlawyered, and Ted may have been the first to spot its possible application to the Sen. Edwards squalor-ama. Much more at Death by 1000 Papercuts. (Rewritten somewhat for clarity 1 p.m. Eastern; & welcome Mickey Kaus readers)

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