- Judge finds Army Corps of Engineers negligent in Katrina levees suit [WSJ Law Blog, Krauss/PoL]
- Feds raise the Gibson guitar factory in Nashville on an exotic-woods rap [The Tennessean] Eric Scheie has a few things to say about what turns out to be a remarkably comprehensive federal regulatory scheme on trade in wood enacted with little public discussion as part of the 2008 farm bill [Classical Values]
- In the mail: Amy Bach’s new book Ordinary Injustice: How America Holds Court, very favorably reviewed by Scott Greenfield not long ago (AmLaw Daily interview with author);
- Pension tension: link roundup on CALPERS mess [Reynolds]
- Maine passes very sweeping law banning marketers from collecting or using wide array of information about minors, but state acknowledges that much of the law probably wouldn’t pass constitutional muster and won’t be enforced [Valetk/Law.com, Qualters/NLJ]
- StationStops, which provides a mobile app for NYC commuter schedules, seems to have survived its legal tussle with New York’s MTA and thanks those who helped call attention to the story, with generous words for a certain “great blog”;
- Lawsuits cost Chicago taxpayers $136 million last year [Fran Spielman, Sun-Times]
- Blawg Review #238 is from Joel Rosenberg and bears the title, “Celebrating the International Day of Tolerance … and the NRA’s Birthday” [WindyPundit]
Tagged as:
advertising,
California,
Chicago,
endangered species,
Katrina,
Maine,
NYC,
privacy
Telegraph:
The Asylum and Immigration Tribunal ruled that sending the Bolivian man back to his homeland would breach his human rights because he was entitled to a “private and family life”, and joint ownership of a pet was evidence that he was fully settled in this country. …
The Bolivian’s identity has not been disclosed and even the name of the pet cat was blanked out in official court papers to protect its privacy.
Delivering her decision on the case, which is thought to have cost the taxpayer several thousand pounds, Judith Gleeson, a senior immigration judge, joked in the official written ruling that the cat “need no longer fear having to adapt to Bolivian mice”. …
More: Rougblog (”We are all familiar with the term “anchor baby,” but the “anchor cat” is a new concept for me.”)
Tagged as:
animal rights,
animals,
immigration law,
privacy,
United Kingdom
Tagged as:
ACORN,
Barack Obama,
class action settlements,
Florida,
land use and zoning,
libel slander and defamation,
Massachusetts,
newspapers,
privacy,
restaurants,
schools
- Florida man and attorney file multiple ADA complaints against businesses in Seminole-Largo area [Tampa Bay Newspapers]
- “The growing ambitions of the food police”:
dietary paternalism in Bloomberg’s NYC and Washington, D.C. doesn’t go over well with writers at Slate [William Saletan, Jacob Weisberg, Katherine Mangu-Ward, Glenn Reynolds]
- Assumption of risk is alive and well in New York cases over sports and spectator injuries [Hochfelder first, second, third posts, NYLJ]
- Favorable review of William Patry, “Moral Panics and the Copyright Laws” [BoingBoing]
- Kentucky high school case: “Coach Acquitted in Player’s Heatstroke Death” [ABA Journal]
- Olivia Judson on the Singh case and the many problems with British libel law [NYT; earlier here, here, etc.]
- Kids behave stupidly with girlfriends/boyfriends or dates, then the law ruins their lives [Alkon, Balko, Sullivan]
- “Report a bad doctor to the authorities, go to jail?” [Orac/Respectful Insolence, Texas; disclosure of patient and official information alleged against nurses]
Tagged as:
ADA filing mills,
assumption of risk,
baseball,
crime and punishment,
nanny state,
New York,
obesity,
privacy,
sports,
United Kingdom
Authorities in Queensland, Australia, intend to use spy-satellite photos to catch homeowners not in compliance with strict new safety rules on swimming pools, which include the mandatory clearing of trees near pool fences so that determined children cannot climb their way over. [Courier-Mail] More: Popehat.
In the United States, incidentally, there are some indications that a crackdown may be underway to enforce the new federal pool safety act passed last year and administered by the Consumer Product Safety Commission [Aquatics International, earlier] And (via AI) Billings, Montana is pulling the plug on a big public pool project, since “the city wasn’t willing to accept the financial risk and legal liability of owning a large aquatic center”. [Billings Gazette]
Tagged as:
Australia,
pools,
privacy
- On the medicalization of nearly everything: “Bitterness, Compulsive Shopping, and Internet Addiction” [Christopher Lane, Slate]
- Lawyer representing Sarah Palin to blogger: do you want to be served with our defamation suit at the kindergarten where you help out? [Alaska Report via Rachel Weiner, HuffPo]
- “The 7 Most Baffling Criminal Defenses (That Sort of Worked)” [Cracked via Popehat]
- Canada: crash victim gets C$2M, sues deceased lawyer for omitting a defendant who’d have chipped in another C$1.3 million [Calgary Sun]
- Privacy breach notifications mostly a costly waste of time but do keep lawyers busy [Lee Gomes, Forbes]
- “News Websites in Texas and Kentucky Invoke Shield Laws for Online Commenters” [Citizen Media Law]
- North Carolina suit against TVA “a sweet gig for the state’s attorneys” [Wood, Point of Law]
- Blawg Review #223 is at Scott Greenfield’s [Simple Justice] with another part hosted at the Blawg Review home site itself.
Tagged as:
bloggers and the law,
Canada,
crime and punishment,
libel slander and defamation,
nastygrams,
North Carolina,
online speech,
privacy,
Sarah Palin
Nearly every policy wonk in the health care debate favors faster adoption of electronic medical records, but laws passed at the urging of other policy wonks seem to be getting in the way:
Hospitals have seen a decrease in EMR adoption in states where privacy laws restrict their ability to disclose patient information, according to a study published in the journal Management Science.
The study shows that states that have enacted medical privacy laws restricting the ability of hospitals to disclose patient information have seen a reduction in EMR adoption by 11 percent over a three-year period or 24 percent overall. States with no such regulations, on the other hand, experienced a 21 percent gain in hospital EMR adoption.
[Health Care IT News via HIPAABlog]
Tagged as:
HIPAA,
privacy
Before asking a federal judge to grant preliminary approval for a class action settlement with Ameritrade over alleged privacy breaches, make sure that your “client,” the class representative, isn’t going to tell the court he opposes the settlement. In re TD Ameritrade Account Holder Litigation, Case No. C 07-2852 VRW (N.D. Cal.) ($1.87M for the attorneys, coupons for the class.).
Tagged as:
CCAF,
class action settlements,
class actions,
coupon settlements,
don't,
privacy
The Columbus Dispatch (national, local angles; via WSJ Law Blog) claims universities are using the federal student-privacy law, FERPA, to evade disclosure of information about league violations and other embarrassments in college sports programs. Others say given the law’s incentives it’s natural for administrators to err on the side of not sharing information of possible benefit to the public, as notoriously happened in the case of student/mass murderer Seung-Hui Cho.
Tagged as:
colleges and universities,
privacy,
sports
Overlawyered readers may remember the problem of FACTA lawsuits when a poorly drafted federal law led to attorneys seeking $1000 for every occasion when a credit-card slip showed an expiration date.
Stroock & Stroock’s Daniel A. Rozansky and Scott M. Pearson have an op-ed in today’s San Francisco Chronicle discussing problems with a similar California law. California prohibits businesses from requesting or requiring “personal identification information” while accepting a credit-card payment; this includes address and phone number, but doesn’t specify what else. Entrepreneurial trial lawyers are asking courts to hold that it includes harmless information like ZIP codes: since the statute provides for $1000/violation damages in the absence of a showing of harm without a cap, extortionate lawsuits are easy to create–and a further drag on the already-suffering California economy.
Tagged as:
California,
class actions,
harmless lawsuits,
legal extortion,
privacy
If it’s too much trouble to go through the prescribed channels to request information, you can just ask the city’s sanitation director:
At the same time New Orleans Mayor Ray Nagin’s administration was citing storage problems as its reason for erasing all but about a dozen of the mayor’s e-mail messages from 2008, another administration official was providing an activist lawyer with thousands of electronic messages written by or sent to at least four City Council members and their staffers during the past three years.
The council said sanitation director Veronica White, without any involvement by the city attorney or the council itself, handed over emails that may have included materials falling under attorney-client privilege, personal correspondence and communications from constituents, and details on pending lawsuits and criminal investigations, as well as council members’ private opinions on pending ordinances. Lawyer Tracie Washington, who obtained the messages, has clashed with the council on various issues including its attempt to demolish some public housing projects. [Times-Picayune/NOLA.com]
Tagged as:
New Orleans,
privacy
- Driving through town of Tenaha, Texas? Might be better to get accosted by the robbers and not the cops [San Antonio Express-News via Balko, Hit and Run]
- Location-tracking Google Latitude application could pose liability problems for unwary employers [PoL]
- EMTALA law obliges hospital ERs to treat many patients. OK, so how about ELRALA next, for lawyers? [White Coat Rants]
- New Jersey judge dismisses defamation suit by three women whose picture appeared in book “Hot Chicks with D-Bags” [Smoking Gun, earlier here and, relatedly, here] More: Taranto, WSJ “Best of the Web”, scroll.
- Myrhvold, often assailed as patent troll, sponsors quote/unquote neutral Stanford study of patent litigation [MarketWatch]
- Some thoughts on much-publicized tussle between Associated Press and Shepard Fairey over Obamacon photo [Plagiarism Today]
- Creative uses of immigration law: get that little homewrecker deported [Obscure Store]
- More than a few real estate lawyers were “hip-deep in mortgage fraud”. Will they tiptoe away? [Scott Greenfield]
- Roundup on the awful Employee Free Choice Act [PoL]
Tagged as:
art and artists,
Employee Free Choice Act,
EMTALA,
Google,
immigration law,
libel slander and defamation,
patent trolls,
privacy
We briefly mentioned the other day the remarkable litigation over a laptop theft which (it seemed at the time) might have led to a data breach imperiling the personal information of military veterans. The feared breach resulted in an emergency request to Congress for $160 million to provide credit counseling to veterans, and, more recently, a $20 million settlement of class-action claims brought against the Veterans Administration, based at least in part on allegations of emotional distress associated with the (unfounded, as it turned out) fear of identity theft. If you’re wondering who the biggest winner will be from all this, Bank Lawyer’s Blog is pleased to provide the answer.
Tagged as:
class action settlements,
emotional distress,
military,
privacy
The feds have issued guidance on the interplay of two complicated laws enacted by Congress in the name of privacy, FERPA (college students) and HIPAA (medical information). The intersection between the two was the subject of considerable attention at the time of the Virginia Tech massacre, carried out by a mentally disturbed student whose deteriorating condition had been kept a secret from many interested parties because of the laws. [HIPAA Blog]
Tagged as:
HIPAA,
privacy,
Virginia Tech
-
Must stores let in “social support” goats? Hot ADA issue we’ve often covered makes it into NYTimes mag [Rebecca Skloot] And Time mag tackles scandal of ADA-suit mass filing for $$, long familiar to our readers [Alison Stateman]
-
Can you guess mechanism by which snow globes turned out to cause fire hazard? (Then check link.) [K.C. Business Journal]
-
“Do Not Track” legislation could torpedo online-advertising models [ReadWriteWeb h/t @lilyhill]
-
What if plea-bargaining defendants could give D.A.s eBay-style feedback? [Greenfield]
-
UK cabinet minister wants govt to regulate Net with aim of child safety, Brit blogger says – hell, no! [Perry de Havilland, Samizdata]
-
As lawyer-driven mummeries go, which is worse, coffee machine overwarning or medical “informed consent”? [Happy Hospitalist]
-
Bogus memoirs nowadays spawn real lawsuits, as we remember from James Frey case [Elefant]
-
Is health care prohibition in our future? [KevinMD]
-
Massachusetts child support guidelines said to be highly onerous for dads already and getting worse [Bader, CEI]
-
Kid gloves from some local media for Connecticut Sen. Chris Dodd & his magic mortgages [Christopher Fountain and again]
-
Had Robertson v. Princeton donor-intent suit gone to trial, lawyers might have billed $120 million hourly fees. How’d the number get that high? [Kennerly, Litigation & Trial and again]
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A reminder: these microblog posts are based on a selection of my contributions to Twitter, which you can “follow” here.
Tagged as:
ADA filing mills,
charitable trusts,
child support,
colleges and universities,
Connecticut,
feeing frenzy,
James Frey,
Massachusetts,
privacy,
service animals
by SSFC on December 21, 2008
The Iowa Supreme Court has held that a wife can suffer an invasion of privacy in her home, even from her husband, according to this Associated Press story. Inconsiderate husbands and wives in the Hawkeye State shouldn’t make too much of this holding, which can probably be limited to its bizarre facts. Upholding a trial court’s award of $22,500 in damages, Iowa’s high court held that Cathy Tigges had a cause of action for invasion of privacy against her husband, Jeffrey Tigges, who placed multiple hidden cameras in the couple’s bedroom. Necessarily, the Court held that Mrs. Tigges did have a reasonable expectation of privacy from her husband in her marital bedroom, particularly when she thought she was alone.
For the nosey among us, neither the story nor the Court’s opinion reveals Mr. Tigges’ reason for placing the cameras, but one assumes he feared he was being cuckolded. Whether that was true or not, the Tiggses, who appear to have been a pair of amateur spymasters (each secretly recorded the other’s telephone conversations as well), have also been granted what sounds like a long overdue divorce.
Despite their concerns about privacy, the Tiggeses have succeeded in making their unhappy marriage a worldwide public spectacle, which I am doing my part to promote. That’s the funny thing about defamation and privacy lawsuits; in a society that values open courts, one often broadcasts the injury to a far larger audience by taking it to litigation. Thanks to How Appealing for the pointer.
Tagged as:
divorce,
privacy
