Overlawyered » NYC http://overlawyered.com Chronicling the high cost of our legal system Fri, 29 May 2015 20:49:41 +0000 en-US hourly 1 http://wordpress.org/?v=4.2.2 Liability roundup http://overlawyered.com/2015/05/liability-roundup-9/ http://overlawyered.com/2015/05/liability-roundup-9/#comments Fri, 29 May 2015 04:05:24 +0000 http://overlawyered.com/?p=53314 Home lab butane cannabis fatality: “The Hash Oil contributory negligence lawsuit you’ve all been waiting for” [Elie Mystal, Above the Law] With Sheldon Silver out of the speaker’s chair, New York has better chance at reducing sky-high litigation costs [Manhattan Institute, earlier on scaffold law] Per Norton Rose Fulbright annual business survey, responding companies more […]

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  • Home lab butane cannabis fatality: “The Hash Oil contributory negligence lawsuit you’ve all been waiting for” [Elie Mystal, Above the Law]
  • With Sheldon Silver out of the speaker’s chair, New York has better chance at reducing sky-high litigation costs [Manhattan Institute, earlier on scaffold law]
  • Per Norton Rose Fulbright annual business survey, responding companies more than twice as likely to be facing five or more lawsuits if based in U.S. than if based elsewhere [Norton Rose Fulbright, Bob Dorigo Jones]
  • “Hearing: H.R. 1927, the “Fairness in Class Action Litigation Act of 2015″ [April House Judiciary Committee with John Beisner, Mark Behrens, Alexandra Lahav, Andrew Trask]
  • Legal outlook for Illinois defendants deteriorates as Madison County sees resurgence in suits and Cook County remains itself [ICJL]
  • Brown v. Nucor Corp.: did Fourth Circuit just try to gut Wal-Mart v. Dukes rules against combining bias plaintiffs in dissimilar situations into class action? [Hans Bader/Examiner, Derek Stikeleather/Maryland Appellate Blog]
  • No wonder New York City consolidation trials are so popular with asbestos lawyers if they yield average of $24 million per plaintiff [Chamber-backed Legal NewsLine] Information in eye-opening Garlock asbestos bankruptcy (allegations of perjury, witness-coaching, etc.) now unsealed and online [same, earlier]
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    Al Sharpton’s daughter, suing NYC from high places http://overlawyered.com/2015/05/al-sharptons-daughter-suing-nyc-from-high-places/ http://overlawyered.com/2015/05/al-sharptons-daughter-suing-nyc-from-high-places/#comments Tue, 19 May 2015 11:28:37 +0000 http://overlawyered.com/?p=53218 “Dominique Sharpton posted pictures to Instagram showing she completed a difficult mountain climb in Bali, Indonesia — even though her suit says that ‘she still suffers’ debilitating pain after twisting her ankle in a street crack in Soho last year.” [New York Post and more (“Al Sharpton’s daughter sues city for $5M after spraining ankle”)] […]

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    “Dominique Sharpton posted pictures to Instagram showing she completed a difficult mountain climb in Bali, Indonesia — even though her suit says that ‘she still suffers’ debilitating pain after twisting her ankle in a street crack in Soho last year.” [New York Post and more (“Al Sharpton’s daughter sues city for $5M after spraining ankle”)]

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    NYC taxi commission: we want to preclear ride apps http://overlawyered.com/2015/05/nyc-taxi-commission-we-need-to-preclear-ride-apps/ http://overlawyered.com/2015/05/nyc-taxi-commission-we-need-to-preclear-ride-apps/#comments Sun, 17 May 2015 13:49:10 +0000 http://overlawyered.com/?p=53186 The Taxi and Limousine Commission of Mayor Bill de Blasio’s New York City administration plans to introduce rules that would fine anyone offering to city residents a taxi smartphone app or update that the commission had not preapproved. Web guys: you’re kidding, right? “We are gravely concerned by the unprecedented decision to subject software available […]

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    The Taxi and Limousine Commission of Mayor Bill de Blasio’s New York City administration plans to introduce rules that would fine anyone offering to city residents a taxi smartphone app or update that the commission had not preapproved. Web guys: you’re kidding, right? “We are gravely concerned by the unprecedented decision to subject software available around the world to pre-release review by a city agency” that is itself without expertise in software design, according to the letter, which is signed by Facebook, Google, Twitter, eBay and many other familiar names. [Fox NY, Internet Association letter of distress]

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    Feds: billboard removal law applies to NYC’s Times Square http://overlawyered.com/2015/05/feds-billboard-removal-law-applies-to-nycs-times-square/ http://overlawyered.com/2015/05/feds-billboard-removal-law-applies-to-nycs-times-square/#comments Fri, 08 May 2015 09:56:56 +0000 http://overlawyered.com/?p=53024 They say the neon lights are doomed on Broadway: The feds say many of Times Square’s huge and neon-lit billboards must come down or the city will lose about $90 million in federal highway money. The edict comes from a 2012 law that makes Times Square an arterial route to the national highway system. And […]

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    They say the neon lights are doomed on Broadway:

    The feds say many of Times Square’s huge and neon-lit billboards must come down or the city will lose about $90 million in federal highway money.

    The edict comes from a 2012 law that makes Times Square an arterial route to the national highway system. And that puts it under the 1965 Highway Beautification Act, which limits signs to 1,200 square feet. It took the feds until now to realize that Times Square was included, Kramer reported.

    Blame lawmakers, not the current DoT administrators, says Marc Scribner of CEI:

    This is a classic example of Congress passing stupid laws, ordering regulators to implement them stupidly, and then forgetting about them until unintended consequences spring up down the line.

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    Police and community roundup http://overlawyered.com/2015/05/police-and-community-roundup-2/ http://overlawyered.com/2015/05/police-and-community-roundup-2/#comments Tue, 05 May 2015 04:12:28 +0000 http://overlawyered.com/?p=52862 Lucrative: Los Angeles writes $197 tickets for entering a crosswalk with “Don’t Walk” blinking [L.A. Times, more] Forfeiture reform bill in Tennessee legislature stalls after “a key committee heard from family members who are in law enforcement and who do not want to give up a source of income.” [WTVF (auto-plays ad) via Balko] As […]

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  • Lucrative: Los Angeles writes $197 tickets for entering a crosswalk with “Don’t Walk” blinking [L.A. Times, more]
  • Forfeiture reform bill in Tennessee legislature stalls after “a key committee heard from family members who are in law enforcement and who do not want to give up a source of income.” [WTVF (auto-plays ad) via Balko]
  • As protagonists got deeper into trouble, they kept making bad decisions: Heather Mac Donald has a dissenting take on Alice Goffman’s much-noted book “On the Run” [City Journal, more favorable Tyler Cowen review previously linked]
  • In Georgia: “Probation Firm Holds Poor For ‘Ransom,’ Suit Charges” [NBC News, Thomasville, Ga., Times-Enterprise]
  • Police and fire jobs are dangerous by ordinary measure but involve less risk of fatality on job than trucker (2-3x risk), construction, taxi, groundskeeper, sanitation [New York Times]
  • Police think tank finds St. Louis County ticketing culture “dysfunctional and unsustainable” [Ryan J. Reilly, HuffPo] John Oliver on snowballing effect of petty municipal fines and fees [YouTube] NYC is writing fewer summonses for teenagers these days [Brian Doherty]
  • “Subtle hand movements,” whispering, being nervous, changes in breathing: list of six “invisible” signs someone is resisting an officer [Grant Stern, Photography Is Not a Crime response to Joel Shults, PoliceOne]
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    Labor and employment roundup http://overlawyered.com/2015/04/labor-and-employment-roundup-5/ http://overlawyered.com/2015/04/labor-and-employment-roundup-5/#comments Mon, 20 Apr 2015 04:05:28 +0000 http://overlawyered.com/?p=51673 Lefty argument du jour: government benefits for working poor subsidize low-wage employers. Oh? [Adam Ozimek via Tyler Cowen] Similarly: Tim Worstall; Michael Strain, WaPo; Coyote; “OSHA’s Latest Reporting and Recordkeeping Mandates: More Burdens with Few Benefits” [Eric J. Conn, Washington Legal Foundation] “EEOC: New York City owes underpaid minority female employees $246 million” [NY Daily […]

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  • Lefty argument du jour: government benefits for working poor subsidize low-wage employers. Oh? [Adam Ozimek via Tyler Cowen] Similarly: Tim Worstall; Michael Strain, WaPo; Coyote;
  • “OSHA’s Latest Reporting and Recordkeeping Mandates: More Burdens with Few Benefits” [Eric J. Conn, Washington Legal Foundation]
  • “EEOC: New York City owes underpaid minority female employees $246 million” [NY Daily News, NY Post (“de Blasio administration offered no evidence to contest the charges, the commission said”), Jon Hyman]
  • Will the Trans-Pacific Partnership (TPP) trade deal require countries to adopt minimum wage laws? [Simon Lester, Cato]
  • House hearing on Obama executive order blacklisting contractors over labor violations in unrelated areas of their business, or at subcontractors [witnesses and testimony, Walberg statement, press release, video, SHRM]
  • Sixth Circuit retaliation decision confirms need for kid-glove handling of employees who file discrimination complaints [Jon Hyman]
  • Spontaneous protest doesn’t come cheap: SEIU spent $24 million in 2014 on fast food/retail wage movement [WLS Chicago 7]
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    Prosecution roundup http://overlawyered.com/2015/04/prosecution-roundup-6/ http://overlawyered.com/2015/04/prosecution-roundup-6/#comments Wed, 15 Apr 2015 04:05:12 +0000 http://overlawyered.com/?p=52583 Florida court blocks drug-related seizure of house as violation of Constitution’s Excessive Fines Clause [Orlando Weekly, opinion in Agresta v. Maitland] Deferred- and non-prosecution agreements (DPAs/NPAs) have ushered in a little-scrutinized “shadow regulatory state” [Jim Copland and Isaac Gorodetski, “Without Law or Limits: The Continued Growth of the Shadow Regulatory State,” Manhattan Institute report] Politicized […]

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  • Florida court blocks drug-related seizure of house as violation of Constitution’s Excessive Fines Clause [Orlando Weekly, opinion in Agresta v. Maitland]
  • Deferred- and non-prosecution agreements (DPAs/NPAs) have ushered in a little-scrutinized “shadow regulatory state” [Jim Copland and Isaac Gorodetski, “Without Law or Limits: The Continued Growth of the Shadow Regulatory State,” Manhattan Institute report]
  • Politicized prosecution: New York Attorney General Eric Schneiderman throws book at bankers for not lending in Buffalo [Conrad Black via Tim Lynch, Cato]
  • Would it improve prosecutors’ incentives if localities rather than state governments paid for incarceration? [Leon Neyfakh, Slate, via David Henderson]
  • Andrew Pincus on the growing danger of enforcement slush funds [U.S. Chamber, more]
  • “The Department of Justice, if it succeeds on its new theory, may have criminalized many instances of dull employee misconduct.” [Matt Kaiser, Above the Law; Peter Henning, N.Y. Times “DealBook”]
  • A Brooklyn mess: new D.A. looking into 70 convictions obtained with evidence from retired detective Louis Scarcella [Radley Balko]
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    Crime and punishment roundup http://overlawyered.com/2015/03/crime-and-punishment-roundup-2/ http://overlawyered.com/2015/03/crime-and-punishment-roundup-2/#comments Mon, 30 Mar 2015 04:05:55 +0000 http://overlawyered.com/?p=52292 “Felony murder: why a teenager who didn’t kill anyone faces 55 years in jail” [Ed Pilkington, Guardian] Crime largely missing from urbanist discussion but might actually be more important than streetcars [Urbanophile] “So when you read ‘she pioneered the use of John Doe indictments to stop clock on statutes of limitation’, think about your alibi […]

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  • “Felony murder: why a teenager who didn’t kill anyone faces 55 years in jail” [Ed Pilkington, Guardian]
  • Crime largely missing from urbanist discussion but might actually be more important than streetcars [Urbanophile]
  • “So when you read ‘she pioneered the use of John Doe indictments to stop clock on statutes of limitation’, think about your alibi for 1983.” [@ClarkHat on Twitter]
  • “Kern County, a jurisdiction with a long unfortunate history of putting the wrong people in prison” [Radley Balko, Glenn Reynolds/USA Today on People v. Efrain Velasco-Palacios]
  • What did prisoners do to get locked up? [Robert VerBruggen/Real Clear Policy] Role of sentencing policy in growth of prison population [Dara Lind, Vox]
  • In the United Kingdom, claims of mass ritual child abuse are back [Matthew Scott, Barrister Blog; Barbara Hewson, The Justice Gap]
  • New York City bus drivers have a point: not every traffic injury implies a legal wrong [Scott Greenfield]
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    Schools roundup http://overlawyered.com/2015/03/schools-roundup-27/ http://overlawyered.com/2015/03/schools-roundup-27/#comments Mon, 16 Mar 2015 04:05:48 +0000 http://overlawyered.com/?p=51658 Has it gotten too easy to breach the ordinary protections of academic freedom by charging that research is unethical? [Alice Dreger, Retraction Watch; The Guardian with more on complaints against University of Queensland economist over Brisbane, Australia bus study] “Good reformist energy in NYC to decriminalize student misbehavior. Big, unreported obstacle? School security guards are […]

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  • Has it gotten too easy to breach the ordinary protections of academic freedom by charging that research is unethical? [Alice Dreger, Retraction Watch; The Guardian with more on complaints against University of Queensland economist over Brisbane, Australia bus study]
  • “Good reformist energy in NYC to decriminalize student misbehavior. Big, unreported obstacle? School security guards are all NYPD personnel.” [Chase Madar on Twitter]
  • “What is Obama’s big idea regarding day care? Well, to make it even more expensive” [Nick Gillespie citing Abby Schachter]
  • “Why no one, but no one, trusts a campus sexual assault proceeding.” [Judith Shulevitz; Volokh (16 Penn Law profs)] Remarkable story of student investigated because he reminded woman of man who had attacked her thousands of miles away [Janet Halley/Harvard Law Review, see text between footnotes 23 and 24 near end, but interesting throughout] Two views of new advocacy film The Hunting Ground [David Edelstein, New York; Lizzie Crocker, Daily Beast]
  • We never followed up at the time on what happened in the 2008 Billy Wolfe bullying story out of Fayetteville, Ark., but suffice it to say it’s not flattering to New York Times coverage [Eighth Circuit 2011 opinion; earlier here, here, and here]
  • Quaker schools in United Kingdom resist mandate that all schools teach “fundamental British values” [Guardian] Non-Oxbridge universities to be brought into line rather sharply on teach-against-terror agenda [Chris Bertram, Crooked Timber]
  • How does your pension compare? “Nearly 5,000 [New York] teachers cashing in on six-figure pensions” [New York Post]
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    NYC’s gravity-knife law, cont’d http://overlawyered.com/2015/03/nycs-gravity-knife-law-contd/ http://overlawyered.com/2015/03/nycs-gravity-knife-law-contd/#comments Wed, 04 Mar 2015 13:28:40 +0000 http://overlawyered.com/?p=51802 Carsten Vogel had been a vociferous defender of New York City police practices against critics. That all began to change one afternoon at the Nostrand Ave. station for the A train, “when he was approached by an NYPD officer, who asked what he had in his pocket.” [Jon Campbell, Village Voice; earlier here and here] […]

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    Carsten Vogel had been a vociferous defender of New York City police practices against critics. That all began to change one afternoon at the Nostrand Ave. station for the A train, “when he was approached by an NYPD officer, who asked what he had in his pocket.” [Jon Campbell, Village Voice; earlier here and here]

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