- Thomas Sowell on EPA dairy-spill regulations [NRO, earlier at Cato here and here] It’s the miracle federal agency: “What doesn’t the EPA do?” [ShopFloor]
- President’s State of the Union medical malpractice gesture, cont’d [PoL, more, Ted Frank/Examiner, NJLRA, related, earlier here, here, here, here, here, here, here, etc.]
- Fired minor-league Yankees mascot files wage-hour suit [ESPN]
- Ohio sheriff prepares criminal complaint against reporter for asking him questions [WHIO via Balko]
- It all happened so suddenly: Henry Waxman now disapproves of the use of subpoenas for fishing expeditions [Mark Tapscott, Examiner; earlier]
- Should hospitals ban cameras from childbirth? [NYT "Room for Debate" with contribution from Jim Harper, Cato Institute]
- Non-”flagrant” trespassing OK? Tort liability shift in Third Restatement [PoL]
- Nope: “At this time, I would like to formally accuse Walter Olson of having an intern or something.” [Ron Miller]
Posts tagged as:
privacy
It could send you to prison. [New York Times; Radley Balko] Related: Jim Harper, Cato.
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After a video went viral showing a distracted shopper walking into a mall fountain, it’s not clear that much of anyone would have known that the blurry figure was Ms. Marrero. They know now, though, as her lawyer talks about holding someone “responsible” for the less-than-professional reaction of security, which included laughing and not going up to her to confirm that she wasn’t hurt. [Mediaite, Balasubramani, Salon, Popehat, MSNBC "Technolog", Mystal]
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- Making the rounds: letter on NFL stationery telling off lawyer over nastygram [DeadSpin, language]
- Suburban Detroit man faces possible 5-year sentence for reading wife’s email [Free Press, Volokh]
- U.K.: Scout Association found liable for injury sustained in scramble-in-the-dark game [Andrew Hough, Telegraph via Lenore Skenazy]
- Florida appeals court orders environmental groups to compensate taxpayers for unfounded complaint [Ryan Houck, TampaBayOnline]
- “Fix It Yourself Garage” self-service auto repair shop hopes it’s beaten the liability curse [McClatchy; Charlotte, N.C.]
- Much more from Peter Schweizer and Lee Stranahan at Big Government on dubious Pigford farmer settlement (“attempting to farm;” recruiting and “brokering” claims; FBI said to be interested; problems within USDA?; lawyer says Pigford clients often got away with faulty claims; earlier);
- “Faux concern for judicial ethics” [Jonathan Adler, Volokh, on Constitutional Accountability Center campaign against judges' seminars]
- Founder of much-loved musical parody series thanks real-life artists whose works are being spoofed: “Without their reluctance toward lawsuits there would certainly be no Forbidden Broadway.” [six years ago on Overlawyered]
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- Minneapolis police arrest author-blogger-gun rights activist Joel Rosenberg [Popehat, Mark Bennett, Scott Greenfield]
- In Wal-Mart v. Dukes, Justice Ginsburg’s instincts as a proceduralist might come in tension with her instincts as a feminist [Alexandra Lahav, Mass Tort Lit]
- “Cease this shouting!” cried Grinch, “From all Yule din desist!” But he’d Moved To The Nuisance and so, case dismissed [Art Carden, Forbes]
- “San Francisco Sues to Close Down Immigration Law Firm, Claims ‘Exorbitant’ Fees” [ABA Journal]
- New ATRA report blasts overly cozy state attorneys general cooperation with plaintiff’s bar ["Beyond Reproach? Fostering Integrity and Public Trust in the Offices of State Attorneys General," PDF]
- Nathan Myrhvold’s patent aggregator Intellectual Ventures, which said it was disinclined to sue, begins suing [The Recorder, Salmon]
- Privacy = when I choose to conceal my life data, secrecy = when you conceal yours [Kelly Young via Dave Boaz, Cato at Liberty]
- One doc’s memoir: litigation crisis as morality crisis [seven years ago on Overlawyered]
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Pennsylvania: “The Lower Merion School District will pay $610,000 to settle lawsuits over its tracking of student laptop computers, ending an eight-month saga that thrust the elite district into a global spotlight and stirred questions about technology and privacy in schools.” Specifically, $175,000 will go to two students who sued, and $425,000 to their lawyer, while lawyers and computer specialists hired by the school in its defense have billed more than $1 million. “And the attorney for at least one other student has notified the district that he was contemplating a lawsuit.” [Philadelphia Inquirer, Balko, Kennerly]
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They’re piling on now [Lammi, WLF] Earlier here, here.
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Declan McCullagh at CNet and Jim Harper at Cato warn about a proposed bill sponsored by Rep. Bobby Rush (D-Ill.) that could impose significant regulatory burdens and legal risks on many small businesses, websites and even individuals that gather information about customers or other persons. The bill is presently titled the “Building Effective Strategies To Promote Responsibility Accountability Choice Transparency Innovation Consumer Expectations and Safeguards Act, or BEST PRACTICES Act of 2010.”
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- Judge blocks sweeping Obama administration ban on new offshore drilling [Roger Pilon, Cato] Some reasons judge may have found ban irrational [Lowry, NRO, scroll to reader comment; Gus Lubin, Business Insider] More on Jones Act waivers in the Gulf [Bainbridge, earlier]
- Connecticut AG Blumenthal launches investigation of Google Street View [Rick Green, Courant]
- Florida judge tosses out $10 million libel verdict against St. Petersburg Times [St. P.T.]
- Lawyer in British Columbia suspends practice after bizarre jury tampering charges [CBC]
- “Disclosed to death”: why laws mandating disclosure are so overused and overbroad [Falkenberg, Forbes on work of Omri Ben-Shahar and Carl E. Schneider, via PoL]
- Judge dismisses controversial Pennsylvania case against Johnson & Johnson over Risperdal marketing, Gov. Rendell had hired major donor to run suit on contingency [LNL, McDonald/NJLRA, earlier]
- Rick Hills vs. Ilya Somin on federalism and constitutional enforcement of property rights [Prawfsblawg, Volokh]
- Beware proposed expansion of Federal Trade Commission powers [Wood, ShopFloor]
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The most overrated law review article in history? Or an instance of useful legal doctrine developed from imperfect origins? [Stewart Baker, Volokh]
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Jim Harper at Cato at Liberty says a proposed “Cyber Privacy Act” introduced by Thaddeus McCotter (R-Mich.) would “regulate every Internet site that has a comment section. He thinks it’s going to protect privacy, but he’s sorely mistaken. Its passage would undermine privacy and limit free speech.”
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Ohio: “A state court judge demands $50 million from the Cleveland Plain Dealer, claiming it wrongfully exposed her and her daughter as the source of online comments about the judge’s cases, including a criminal prosecution over the murder of 11 women. Cuyahoga County Court of Common Pleas Judge Shirley Strickland Saffold and her daughter, Sydney, seek damages for fraud, defamation, tortious interference, breach of contract, and invasion of privacy. ” [Courthouse News, Solove/Concur Op] Earlier here.
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- “U.S. Still Won’t Join International Criminal Court” [Julian Ku, Opinio Juris via Adler] International jurisdiction is a bit of a crime in itself [Stuttaford, NRO "Corner"]
- “Tourette’s Sufferer Sues Starbucks for Discrimination” [Seattle Weekly]
- Colorado: “Science Fair Bans Most Science” [Free-Range Kids]
- For best results in lawsuit against “Girls Gone Wild” producer, it helps not to have made X-rated films [OnPoint News]
- New Mexico revolt against Feds’ takeover of community bank [Bank Lawyer's Blog, more]
- Citizen’s United decision continued: “Yes, money is speech” [Rick Esenberg, Point of Law] “When Individuals Form Corporations, They Don’t Lose Their Rights” [Ilya Shapiro, Cato at Liberty]
- Thomas Lenard and Paul Rubin, “In Defense of Data: Information and the Costs of Privacy” [SSRN last year]
- Sex-harassment charge against six-year-old boy will cost Brockton, Mass. taxpayers $180,000 [Brockton Enterprise]
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Staying in touch with your doctor via IM? It’s more likely to happen in Mexico than here. Kevin MD quotes one doctor who “suspects that the demand that patients have to electronically talk to their doctors will force a change in privacy laws. We can only hope.”
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- “Court to Plaintiffs: You Have Zero Forum Shopping Days until Xmas” [Jackson; New Yorker seeks to refile pharmaceutical case in Minnesota to overcome statute of limitations defense]
- Miller-Jenkins battle: Mathew Staver of whimsically named Liberty Counsel won’t comment on whether client has kidnapped child in pursuit of continued defiance of court order [BTB, WSJ Law Blog, background]
- “How many college football coaches have law degrees?” [Above the Law; Mike Leach vs. Texas Tech] More: Michael McCann, Sports Law; Carter Wood at Point of Law.
- “Struck by a restaurant’s decor” good if it’s just a figure of speech, bad if it’s falling taxidermy [Lowering the Bar]
- Trial lawyer message in support of med-mal litigation falls on some credulous ears in media [White Coat]
- On airport whole-body imaging, some privacy advocates seem to have changed tune [Stewart Baker]
- “Litigant Guru of Gwinnett, Georgia Loses Lawsuit” [sanctioned over defamation claim; Bad Lawyer via AtL]
- Step right up and win cash for your vote in the ABA’s blogospheric beauty pageant [Scott Greenfield] Update: contest wraps up [Legal Blog Watch]
