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Oregon

A bad idea still isn’t catching on with voters, although those on the island of Maui approved an agricultural GMO moratorium, supposedly temporary. [NPR, earlier]

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“… You can’t be too careful with a nine year old.” [Radley Balko; Portland, Ore.]

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“Hundreds of home builders in the Pacific Northwest have been put on notice that if they use a dehumidifier to dry rain-damaged projects, they are infringing on a patent recently issued to a father and son who claim they invented the process.” [Legal NewsLine] (& Coyote)

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“The lawsuit claims [owner] knew the duck had ‘Abnormally dangerous propensities in attacking people.'” [Lowering the Bar, KATU; Estacada, Ore.]

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March 13 roundup

by Walter Olson on March 13, 2014

  • Claimed prison guard punched him in face: “Man convicted in Chicago-area mass murder awarded $500,000″ [WHAS, ABA Journal]
  • Ken White “immediately repulsed and enraged” by Mayer-Brown-repped suit seeking removal of Glendale, Calif. “comfort women” memorial [Popehat]
  • “Las Vegas: Man Sues Casino After $500k Loss ‘While Drunk'” [Sky News]
  • Regulators blame everyone but selves: “Drug Shortages Continue to Vex Doctors” [Sabrina Tavernese, NYT on GAO report, earlier here, here, etc., etc.]
  • Former Virginia attorney general Ken Cuccinelli to speak tomorrow on “dereliction of duty” of AGs who decline to defend laws deemed unconstitutional, hope someone brings up this and this [more background; and his successor Mark Herring's view]
  • Oregon: “Portland State University will pay $161,500 to settle a lawsuit claiming it discriminated against disabled students who have service animals.” [AP/KOIN] Laws make it dangerous for business owners to draw line between legitimate, fake service dogs [L.A. Times]
  • Not The Onion: Canada telecoms regulator pushes XX cable channels to run more Canadian content [CBC, National Post]

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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]

[Jackson Lewis]

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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.

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Video slots as next-tobacco?

by Walter Olson on December 12, 2013

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?

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“…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?

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Latest liberty cake wreck

by Walter Olson on September 5, 2013

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]

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“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]

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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.]

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Schools roundup

by Walter Olson on May 16, 2013

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“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.

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Environment roundup

by Walter Olson on April 18, 2013

  • Better hope a Portland municipal arborist never takes an interest in you [Tod Kelly, League of Ordinary Gentlemen]
  • California’s Prop 65 and Gresham’s Law of Warnings (bad warnings drive out good) [David Henderson]
  • Bombshells just keep on coming in the Ecuador Lago Agrio story: “Litigation finance firm in Chevron case says it was duped by Patton Boggs” [Roger Parloff, Fortune; last Saturday's bombshell] Grounds for embarrassment at CBS “60 Minutes” [CJR]
  • Brad Plumer interview with Jonathan Adler, “What conservative environmentalism might look like” [WaPo]
  • “The light-bulb law was a matter of public policy profiteering” [Tim Carney via @amyalkon] To get ahead in D.C., a well-known conservative group adopts some concrete priorities [same]
  • “No one’s tried that. It’s not worth taking the risk.” Social-conservative, environmentalist themes have much in common [A. Barton Hinkle]
  • “BP Loses Bid to Block ‘Fictitious’ Oil Spill Claims” [Amanda Bronstad, NLJ; more]

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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).

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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.

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Speeches in October

by Walter Olson on September 27, 2012

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.