Following up on our earlier reports here and here: a Pennsylvania appellate court “has temporarily halted the imposition of a $1 million fine against Philadelphia attorney Nancy Raynor, who received the sanction after one of her witnesses during a medical malpractice trial disclosed information that had been ruled inadmissible by Philadelphia Court of Common Pleas Judge Paul Panepinto.” [Penn Record] The judge “has defended his action in an opinion in which he accused Raynor of violating a court order as part of a trial strategy.” [Chris Mondics, Philadelphia Inquirer] Three witnesses — the most recent a trial technician who testified at a March 4 hearing — have now backed up Raynor’s account of not having sought to elicit the reference to a plaintiff’s smoking habit, which the judge had barred. “In addition to [Joseph] Chapman, two other witnesses, an emergency room doctor who is a client of Raynor’s and an insurance adjuster, have testified that they heard Raynor advising [Dr. John] Kelly that smoking testimony was precluded.” [Mondics/Inquirer, March 6, follow-up]
- Quite a story: “Las Vegas cop behind controversial killing now influential union leader” [Las Vegas Review-Journal]
- Strife betwen NYPD union and City Hall long predates current NYC mayor [David Firestone, Quartz; Guardian]
- “Report: Massachusetts police grant ‘professional courtesy’ to other officers caught driving drunk” [Radley Balko; earlier on cops’ refusal to ticket cops]
- “Cleveland police union defends fired cop, saying others did far worse” [Cleveland Plain Dealer, earlier]
- After cartoon ire, did union chief tell police departments not to give information to Bucks County, Penn. paper? [Jim Romenesko via Balko]
- Oldie but goodie: “hit it with a flashlight until we gain compliance” [Officer.com]
- Miami FOP: chief’s view of the Eric Garner case isn’t ours [Washington Post via Amy Alkon]
- And for a contrasting view, check out the generally pro-police-organization site of Ron DeLord;
- Jury convicts Ironworkers Local 401 boss in union violence case [Philadelphia Inquirer, CBS Philly, earlier here, etc. on Quaker meetinghouse arson and other crimes] Pennsylvania lawmaker proposes to end unions’ exemption from laws defining crimes of harassment, stalking, threatening [York Dispatch; more on exemption of unions from these laws]
- Emergent regime under federal law: if you’ve ever offered light duty to a disabled worker or returning injured worker, you’d better offer it to pregnant worker too [Jon Hyman]
- Everything you know about company towns is wrong [Alex Tabarrok]
- “The EEOC issues you’ll want to keep an eye on in 2015″ [Littler Mendelson via Tim Gould, HR Morning]
- Sued if you do: employers struggle to navigate between government rules encouraging, penalizing hiring of applicants with criminal records [WSJ, paywall] “Watch Your Back: The Growing Threat of FCRA Background Check Class Actions” [Gregory Snell, Foley & Lardner]
- “Nearly 30 Percent of Workers in the U.S. Need a License to Perform Their Job: It Is Time to Examine Occupational Licensing Practices” [Melissa S. Kearney, Brad Hershbein and David Boddy, Brookings via John Cochrane]
- “The Effect of Mandatory Sick Leave Policies: Reviewing the Evidence” [Max Nelsen] “Popularity of Obama’s paid sick leave proposal depends on workers not realizing it ultimately comes out of their paychecks.” [James Sherk]
Don’t believe minimum wage hikes hurt real people? After March 31, a famed sci-fi bookstore on Valencia St. in San Francisco’s Mission District will no longer be able to cater to your taste in fantasy:
The change in minimum wage will mean our payroll will increase roughly 39%. That increase will in turn bring up our total operating expenses by 18%. To make up for that expense, we would need to increase our sales by a minimum of 20%. We do not believe that is a realistic possibility for a bookstore in San Francisco at this time.
And this, which speaks for itself:
In November, San Francisco voters overwhelmingly passed a measure that will increase the minimum wage within the city to $15 per hour by 2018. Although all of us at Borderlands support the concept of a living wage in [principle] and we believe that it’s possible that the new law will be good for San Francisco — Borderlands Books as it exists is not a financially viable business if subject to that minimum wage. Consequently we will be closing our doors no later than March 31st. The cafe will continue to operate until at least the end of this year.
Early reactions from customers online run heavily to two themes: 1) anguish that a beloved cultural institution is passing from the scene and 2) reflections that they, the fans and customers, had supported the minimum wage hike too when it was on the ballot. (It might restrict businesses’ rights, but who cares about that?) But in this world — as in so many of the well-crafted alternative worlds of science fiction — the link between actions and their logical consequences, foreseen and intended or otherwise, is not to be broken. [Reprinted from my post at Cato at Liberty]
Coyote read the letter in recognition:
I found the language here familiar because I spent most of last year writing such letters to angry customer bases. In our case, fortunately, we had the ability to raise prices so the letters were to defuse customer irritation rather than to announce a closure.
And Mark Perry at AEI identifies why a bookstore in particular cannot adjust the way a restaurant or a dry cleaner might:
There’s a limit to how much a bookstore can increase book prices to offset higher labor costs because the publisher sets the list price of the book and it’s printed on the book cover.
Meanwhile, in Philadelphia, a new minimum wage law hits nonprofits, which ask for more taxpayer money so they can comply [Inquirer]
Debra Cassens Weiss at the ABA Journal has more on that curious sanctions order out of the Philadelphia Common Pleas Court in which attorney Nancy Raynor of Malvern, Pennsylvania, could lose everything because a judge found that she “allowed an expert witness to refer to a lung cancer patient’s history of smoking during a May 2012 medical malpractice trial.” Earlier here. More: Philadelphia Inquirer coverage here and here.
- I’m quoted dissenting from the seeming ENDA consensus [Caroline Preston, Al Jazeera America; earlier here and here; related, Mark Lee, Washington Blade last year, “ENDA and the Seduction of Symbolic Gestures”]
- EEOC gears up to fight employer wellness programs under ADA [Stephen Miller/SHRM, ABA Journal, John Holmquist/Michigan Employment Law Connection, Robin Shea/Employment and Labor Insider]
- Evidence still points to disemployment effects for low-skilled workers from minimum wage hikes [David Neumark et al NBER working paper via Ira Stoll, related] What’s the right minimum wage? As the NYT correctly perceived in 1987, $0.00. [David Henderson video, Prager]
- “Judge Calls Out NLRB Pro-Union Partisanship” [Labor Pains; document demands levied by agency against Univ. of Pittsburgh Medical Center]
- If you so much as think of declaring me fit for work, my lawyer will make you rue the day [Coyote on employer role in Social Security Disability]
- New Cato research brief, “Labor Market Fluidity and Economic Performance” [Stephen J. Davis and John Haltiwanger]
- Philly councilman wants to reserve city subsidies for unionized hotels [Joel Mathis, Philadelphia mag]
Personally liable in Philadelphia: “A Pennsylvania lawyer has been ordered to pay nearly $1 million in attorney fees for allowing an expert witness to refer to a lung cancer victim’s history of smoking in a May 2012 medical malpractice trial. Defense lawyer Nancy Raynor of Malvern, Pennsylvnia, told the Legal Intelligencer that insurance would not pay the sanction and her personal assets are at risk.” [ABA Journal]
- “Is Legal Scholarship Politically Biased?” [Chilton-Posner study] [Caron, Josh Blackman, Will Baude]
- “Suffolk offers to buy out its whole law faculty” [Bainbridge]
- Another injury lawyer, Thomas Kline of Kline & Specter, gets a law school named after himself after $50 million donation to Drexel [Philadelphia Inquirer via Caron]
- Bonus quote from Kline partner and senatorial scion Shanin Specter: “I don’t think there are any lawyers in Philadelphia bringing claims that they know are not meritorious.” (So that’s a relief.) Meanwhile, grateful Drexel law dean praises Kline’s law firm as the one you should consider calling if, “unfortunately, someone in your family faced catastrophic injuries.” [same; compare encomium of Michigan State dean to Geoffrey Fieger upon Fieger’s $4 million donation to MSU in 2002]
- So many fellow academics upset with U. of Chicago’s Brian Leiter and his frequent talk of legal action hasn’t helped [Chronicle of Higher Ed, Jonathan Adler, Leigh Johnson, Above the Law]
- A law school study group with its own nondisclosure agreement [Patrice, AtL, Lowering the Bar]
- Assuming we don’t abolish them: “Three Ideas to Improve Law Reviews (as Institutions)” [Dave Hoffman, ConcurOp]
- Last year I spoke on varied subjects at law schools including Michigan, Buffalo, Chicago, Vermont, Baltimore, Nebraska, and Duquesne. Why not invite me to speak to your roundtable, class or Federalist Society Chapter? Contact editor – at – overlawyered – dot – com.
“The City of Brotherly Love can’t get enough of its citizens’ property and cash. The city is in a class by itself in the world of civil asset forfeiture, says Institute for Justice attorney Darpana Sheth” in this Cato podcast with interviewer Caleb Brown. More on IJ’s suit challenging Philadelphia’s forfeiture practices: Philadelphia Inquirer, Nick Sibilla/Forbes, Dave Weigel/Slate, and Scott Shackford/Reason.
And by way of balance on the Philadelphia story: one who defends forfeiture law as “good law” that “works” is “CNN legal analyst and consumer attorney, Brian Kabateck,” seen before in this space and elsewhere in his role as a class-action plaintiff’s attorney.
- Enviro activists unlawfully block coal ship, Massachusetts prosecutor expresses approval by dropping charges [James Taranto, Jacob Gershman/WSJ Law Blog, ABA Journal]
- Unfortunately-named Mr. Threatt charged with “robbery that happened while he was in jail” [Baltimore Sun via @amyalkon]
- “How conservative, tough-on-crime Utah reined in police militarization” [Evan McMorris-Santoro, BuzzFeed] More: What if we needed it someday? San Diego Unified School District defends acquisition of armored vehicle [inewsource.org] And Senate hearing [AP]
- “Machine-based traffic-ticketing systems are running amok” [David Kravets, ArsTechnica]
- Thanks, Fraternal Order of Police, for protecting jobs of rogue Philadelphia cops who could cost taxpayers millions [Ed Krayewski; related earlier]
- Study: returning from 6- to 12-person juries could iron out many racial anomalies at trial [Anwar et al, Tabarrok]
- Courts can help curb overcriminalization by revitalizing rule of lenity, mens rea requirement [Steven Smith]