Safer to have the failed business go through total liquidation, it seems:
An employer that acquired the assets of a defunct bar and restaurant and continued to operate a restaurant on the same premises was liable for unpaid wages owed to the defunct restaurant’s former employees, the Oregon Supreme Court has ruled. Blachana LLC v. Bureau of Labor and Industries, No. S060789 (Ore. Jan. 16, 2014).
Reversing the Oregon Court of Appeals, the Court found that the Bureau of Labor and Industries (BOLI) did not err in deciding the employer was a successor for state wage liability purposes because it conducted “essentially the same business as conducted by the predecessor,” even though it did not employ any of the predecessor’s employees. [emphasis added]
Per activist group Blue Oregon, the Federal Communications Commission (FCC) should yank radio station KPOJ’s license because its owner dropped progressive talk shows and switched instead to a sports format. “Clear Channel must air programming that is responsive to the needs and problems of its local community. That’s us. We’re the community,” the group says. More: Willamette Week.
We haven’t reported on the doings of Prof. Richard Daynard for a while, but here’s this Oregonian item about his institute at Northeastern University:
Mark Gottlieb, executive director of the Boston-based Public Health Advocacy Institute, said a handful of groups are looking at the potential for a broad product liability lawsuit over the addictive nature of the machines. …
“There are some similarities [with tobacco],” Gottlieb says. “We are talking about a product that is engineered to make people do something that is basically destructive and causes an economic injury.”
Portland attorney Greg Kafoury says he is part of “a team of national lawyers” looking at a potential class-action suit. He wouldn’t go into detail but called it “a major, long-term project.”
There is nothing new, however, about lawyers’ yearning to crack open this particular well-guarded vault. See our reports from May and September 2002, for example. Hope springs eternal?
“…but she can’t sell the mistletoe.” “No selling in the park” undoubtedly makes sense as a rule, but here, as in so many legal situations, an understood *de minimis* exception would help a lot. [Portland, Ore.; ABC News, Institute for Justice] But note (as reader James points out) that the setting was an established open-air bazaar with vendor waiting lists and fees, not a conventional open grassy park. That makes a pretty big difference, no?
In Gresham, Oregon, it’s anti-discrimination law 1, free association 0 as a family business that cited religious beliefs in declining to make a wedding cake for a lesbian couple, and was hit by an enforcement action as a result, shutters its retail shop in favor of baking from home. Oregon does not recognize same-sex marriage, which (as in the parallel New Mexico wedding photographer case) makes clear that the intrusion on individual liberty here arises from anti-discrimination law as applied to so-called public accommodations, not from marriage law. [Shackford, Reason] Related: “Religious liberty depends on right-of-center gay marriage advocates” [Stephen Richer, Daily Caller]
“The flower was packaged with a warning about not being for human consumption and about the risk of staining clothing, but there was nothing about potential harm to cats, said [Charley Gee, a] Southeast Portland lawyer.” A pet cat chewed the lily’s leaves — which are toxic to felines — and required expensive veterinary care. The suit calls lilies unreasonably dangerous and says they should be labeled with cat-specific warnings. [Oregonian]
Two years ago the city of Portland, Ore. became the first to adopt a voluntary policy against fragrance use in city offices. (A similar Detroit measure had been taken in response to a lawsuit.) Now Julee Reynolds, a city worker who says she suffers from multiple chemical sensitivity (MCS), has sued Portland for allegedly not doing enough to enforce the policy. [KOIN; earlier here, here, etc.]
“A police officer fired for driving drunk in an unmarked police car while off-duty has filed a $6 million lawsuit against the city of Gresham, the police chief and others, alleging his rights were violated under the Americans with Disabilities Act. The lawsuit filed in Portland alleged the officer, Jason Servo, was suffering from alcoholism, a recognized disability under the act, and shouldn’t have been dismissed.” [AP] In my book The Excuse Factory I sketched some of the history of how alcoholism (at least when the subject declares a willingness to participate in rehab) came to be protected under the ADA.
The teacher’s union in Oregon is trying to get the legislature to repeal a voter-approved measure that warns electors in the state when a property tax hike is on the ballot. I’ve got more at Cato at Liberty (& Brian Doherty, Reason).
A new Oregon law forbids employers “to advertise a job opening if they won’t consider applicants who are unemployed.” [CNBC] Earlier on efforts to make jobless persons into a new protected class under discrimination laws here, here, etc.
I’ll be speaking at these five law schools in October, sponsored by the Federalist Society and at lunchtime unless otherwise specified:
Oct. 2, Lewis and Clark, Portland, Ore., debating Prof. Henry Drummonds, on federal quotas on disabled hiring (more).
Oct. 3, University of Oregon, Eugene, Ore., on tort law and the “invisible fist” theory (U of O calendar).
Oct. 9, University of South Carolina, Columbia, S.C., on Schools for Misrule, debating Prof. Jacqueline Fox (Facebook event page, FedSoc).
Oct. 29, Boston University, Boston, Mass., topic to be announced.
Oct. 30, New England School of Law, on tobacco litigation, debating Ilana Knopf.
To inquire about having me speak to your group, email editor – at – overlawyered – dot – com.
I’m set to speak in October in Boston, South Carolina, and Oregon. If you want to add on a speaking stop for me in one of these places or someplace nearby, let me know quickly before I buy air tickets. And if you’d like to book me to speak to your group, drop me a line at editor – at – overlawyered – dot – com.
Your city is counting on you to report on neighbors who violate the recycling and composting rules by using the wrong bin. An army of anonymous informers cannot be defeated! [Tung Yin; OregonLive.com]