Overlawyered » Prop 65 http://overlawyered.com Chronicling the high cost of our legal system Sun, 20 Apr 2014 15:15:47 +0000 en-US hourly 1 http://wordpress.org/?v=3.8.1 March 27 roundup http://overlawyered.com/2014/03/march-7-roundup-3/?utm_source=rss&utm_medium=rss&utm_campaign=march-7-roundup-3 http://overlawyered.com/2014/03/march-7-roundup-3/#comments Thu, 27 Mar 2014 04:05:36 +0000 http://overlawyered.com/?p=43923 “Stupid Warning Shows Up on Leprechaun Hat” [Lowering the Bar, California Prop 65] Lawyers eager to sue over Malaysia Air disaster but first someone has to find the plane [ABA Journal, Bloomberg] Among the many accomplishments of distinguished economist (and total mensch) Murray Weidenbaum: introduction of White House regulatory review [Thom Lambert, David Henderson, Russ […]

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  • “Stupid Warning Shows Up on Leprechaun Hat” [Lowering the Bar, California Prop 65]
  • Lawyers eager to sue over Malaysia Air disaster but first someone has to find the plane [ABA Journal, Bloomberg]
  • Among the many accomplishments of distinguished economist (and total mensch) Murray Weidenbaum: introduction of White House regulatory review [Thom Lambert, David Henderson, Russ Roberts]
  • Quicker but not ultimately cheaper than an appeal: “Losing Plaintiff Hits Defendant With a Truck” [Lowering the Bar]
  • Feds’ Dietary Guidelines Advisory Committee (DGAC) mulls idea “that the government involve itself in the lives of obese people by sending them regular text messages.” [Baylen Linnekin]
  • Posner: judge below “should have smelled a rat” on lawyer’s “shenanigans” [Alison Frankel/Reuters, ABA Journal]
  • “Connecticut chimp attack victim seeks right to sue state” [Reuters, earlier]
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    Environmental roundup http://overlawyered.com/2014/01/environmental-roundup-9/?utm_source=rss&utm_medium=rss&utm_campaign=environmental-roundup-9 http://overlawyered.com/2014/01/environmental-roundup-9/#comments Fri, 31 Jan 2014 04:05:35 +0000 http://overlawyered.com/?p=43545 Behind costly EPA crackdown on wood-burning stoves, a whiff of sweetheart lawsuits? [Larry Bell] Reminder: California’s Prop 65 doesn’t actually improve public health, makes lawyers rich, and harasses business [Michael Marlow, WSJ] “What I learned from six months of GMO research: None of it matters” [Nathanael Johnson, Grist] Eminent domain threatens store owner in Fire […]

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  • Behind costly EPA crackdown on wood-burning stoves, a whiff of sweetheart lawsuits? [Larry Bell]
  • Reminder: California’s Prop 65 doesn’t actually improve public health, makes lawyers rich, and harasses business [Michael Marlow, WSJ]
  • “What I learned from six months of GMO research: None of it matters” [Nathanael Johnson, Grist]
  • Eminent domain threatens store owner in Fire Island’s Saltaire [NYP]
  • In case you haven’t seen this one: chemical content of all-natural foods [James Kennedy Monash]
  • “The court ordered that the county pay the turtles’ attorneys fees.” [Dan Lewis, Now I Know]
  • “On the government’s books, the switch [from steel to aluminum in Ford's new F-150 pickup] is a winner because MPG goes up.” [William Baldwin, Forbes]
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    Environmental roundup http://overlawyered.com/2013/10/environmental-roundup-5/?utm_source=rss&utm_medium=rss&utm_campaign=environmental-roundup-5 http://overlawyered.com/2013/10/environmental-roundup-5/#comments Fri, 11 Oct 2013 04:05:25 +0000 http://overlawyered.com/?p=41181 California: “Governor [Brown] signs Prop. 65 toxic chemical warning reform” [Sacramento Business Journal] What finally passed was a minuscule tweak mostly aimed at the law’s application to food and alcohol [Bruce Nye, Cal Biz Lit] Court helps in baby food case [JD Supra] “Taxpayer-Funded Journal Walks Back BPA Cancer Claim After Statistical Meltdown” [Trevor Butterworth] […]

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  • California: “Governor [Brown] signs Prop. 65 toxic chemical warning reform” [Sacramento Business Journal] What finally passed was a minuscule tweak mostly aimed at the law’s application to food and alcohol [Bruce Nye, Cal Biz Lit] Court helps in baby food case [JD Supra]
  • “Taxpayer-Funded Journal Walks Back BPA Cancer Claim After Statistical Meltdown” [Trevor Butterworth]
  • Recalling when the federal government (along with the Ford and Rockefeller Foundations] funded an attack on the Fifth Amendment’s Takings Clause [Gideon Kanner, more]
  • CEQA reform [Calif. enviro review] in baby steps at most for now [SF Chronicle, Mercury News, L.A. StreetsBlog, Daily News, PublicCEO, Planetizen]
  • Under decisions by the CPSC interpreting CPSIA, you’re probably not going to be able to make your product for kids out of recycled materials [Nancy Nord]
  • “EPA Fares Well in D.C. Circuit” [Adler]
  • Mandatory labeling of genetically modified foods are a bad idea [not just me saying that, but Scientific American editors; earlier]
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    “Five train wrecks of information disclosure law” http://overlawyered.com/2013/09/five-train-wrecks-information-disclosure-law/?utm_source=rss&utm_medium=rss&utm_campaign=five-train-wrecks-information-disclosure-law http://overlawyered.com/2013/09/five-train-wrecks-information-disclosure-law/#comments Mon, 30 Sep 2013 04:15:56 +0000 http://overlawyered.com/?p=41668 That was the title of the talk I gave Friday at a panel on food and product labeling law as part of a stimulating symposium put on by the Vermont Law Review at Vermont Law School in South Royalton, Vt. I drew on a number of different sources, but especially two relatively recent articles: Omri […]

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    That was the title of the talk I gave Friday at a panel on food and product labeling law as part of a stimulating symposium put on by the Vermont Law Review at Vermont Law School in South Royalton, Vt. I drew on a number of different sources, but especially two relatively recent articles: Omri Ben-Shahar and Curt Schneider, “The Failure of Mandated Disclosure,” U. Penn. Law Review (2011), and Kesten C. Green and J. Scott Armstrong, “Evidence on the Effects of Mandatory Disclaimers in Advertising”, Journal of Public Policy and Marketing, Fall 2012. I was able to bring in examples ranging from patent marking law to Prop 65 in California to pharmaceutical patient package inserts, as well as the durable phenomenon of labels, disclosures, and disclaimers going unread even by very sophisticated consumers.

    My talk was well received, and I think I might adapt and expand it in future into a full-length speech for audiences on failures of consumer protection law.

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    Frontiers in Prop 65 enforcement http://overlawyered.com/2013/07/frontiers-prop-65-enforcement/?utm_source=rss&utm_medium=rss&utm_campaign=frontiers-prop-65-enforcement http://overlawyered.com/2013/07/frontiers-prop-65-enforcement/#comments Tue, 23 Jul 2013 16:42:07 +0000 http://overlawyered.com/?p=40142 “A [lawyer's rep] discovered the scoops while walking through a store with a hand-held spectrometer that can detect the presence of chemicals covered by Prop 65″ [Bob Dorigo Jones discussing Wacky Warning Labels contest] Tweet Tags: Prop 65

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    “A [lawyer's rep] discovered the scoops while walking through a store with a hand-held spectrometer that can detect the presence of chemicals covered by Prop 65″ [Bob Dorigo Jones discussing Wacky Warning Labels contest]

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    On rubber worms: “Not for human consumption” http://overlawyered.com/2013/06/on-rubber-worms-not-human-consumption/?utm_source=rss&utm_medium=rss&utm_campaign=on-rubber-worms-not-human-consumption http://overlawyered.com/2013/06/on-rubber-worms-not-human-consumption/#comments Fri, 21 Jun 2013 13:10:50 +0000 http://overlawyered.com/?p=39434 This year’s Wacky Warning Labels contest has reached the finalist stage. Others that made the cut: “Wash hands after using” on a common extension cord, a Prop 65 (California) warning on a box of matches advising that they may produce combustion by-products, and a warning on a pedometer that the maker will not be liable […]

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    This year’s Wacky Warning Labels contest has reached the finalist stage. Others that made the cut: “Wash hands after using” on a common extension cord, a Prop 65 (California) warning on a box of matches advising that they may produce combustion by-products, and a warning on a pedometer that the maker will not be liable for any injuries to runners using the device. [Bob Dorigo Jones]

    More: David Henderson on “warning pollution.”

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    Environment roundup http://overlawyered.com/2013/06/environment-roundup-9/?utm_source=rss&utm_medium=rss&utm_campaign=environment-roundup-9 http://overlawyered.com/2013/06/environment-roundup-9/#comments Thu, 13 Jun 2013 04:05:24 +0000 http://overlawyered.com/?p=38705 Slate: it’s “fascinating, in a horrified head-shaking …way” to hear RFK Jr. spin his “delusional and dangerous” theories about vaccines [Slate and more, my two cents on the wayward scion] What insurance industry behavior tells us about climate change [Eli Lehrer] Concern that EU regulations on registration of seed varieties could squeeze smalls, locals, heirlooms […]

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  • Slate: it’s “fascinating, in a horrified head-shaking …way” to hear RFK Jr. spin his “delusional and dangerous” theories about vaccines [Slate and more, my two cents on the wayward scion]
  • What insurance industry behavior tells us about climate change [Eli Lehrer]
  • Concern that EU regulations on registration of seed varieties could squeeze smalls, locals, heirlooms [Glyn Moody, TechDirt; Domenic Berry]
  • Environmental suits as backdoor grab for policy control [U.S. Chamber, Ron Arnold, DC Examiner and more ("sweetheart litigation"), WLF]
  • Symposium on conservatives and the environment: Jonathan Adler, Eli Lehrer, Shi-Ling Hsu and others [Duke Environmental and Policy Law Forum]
  • U.K. study: cancer rates and mortality rates among pesticide workers are below the norm [Health and Safety Executive via Angela Logomasini, CEI]
  • “Wi-fi made us sick” suit cost city of Portland $172K, but at least voters didn’t put sponsor on school board [Will Radik, Bad Skeptic]
  • “EPA acknowledges releasing personal details on farmers” [Fox News] GOP senators introduce bill to curb EPA wetlands overreach [Ilya Shapiro]
  • Attorneys’ fees often amount to 80-90% of settlement amounts: latest annual Prop 65 report is out [California attorney general's office, background]
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    Prop 65: how serious are Gov. Brown’s reforms? http://overlawyered.com/2013/05/prop-65-serious-gov-browns-reforms/?utm_source=rss&utm_medium=rss&utm_campaign=prop-65-serious-gov-browns-reforms http://overlawyered.com/2013/05/prop-65-serious-gov-browns-reforms/#comments Wed, 22 May 2013 04:15:00 +0000 http://overlawyered.com/?p=38612 Not very, fears Bruce Nye at Cal Biz Lit, who notes that “The Chanler Group, the self-described ‘Largest Proposition 65 Citizen Enforcement Law Firm,’ wasted no time in announcing its support for the Governor’s proposals.” Prop 65, of course, is the famous California enactment under which an army of bounty-hunters have set forth to file […]

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    Not very, fears Bruce Nye at Cal Biz Lit, who notes that “The Chanler Group, the self-described ‘Largest Proposition 65 Citizen Enforcement Law Firm,’ wasted no time in announcing its support for the Governor’s proposals.” Prop 65, of course, is the famous California enactment under which an army of bounty-hunters have set forth to file suits and collect settlements from California businesses for failing to warn of the carcinogenic or mutagenic ingredients in hundreds of common products, from matches (which emit carbon monoxide) to brass knobs to roasted coffee to grilled chicken to billiard cue chalk. Gov. Brown’s reforms omit several stronger recommendations, such as “moving the burden of proof to the plaintiff to show that exposures exceed the applicable no significant risk level (‘NSRL’) or maximum allowable dose level (‘MADL’).”

    Most importantly, would the private enforcer bar support Assembly Member Gatto’s AB 227, allowing a company receiving a 60 day notice to avoid prosecution by curing the violation within 14 days? Or better still, Cal Biz Lit’s proposal to allow sixty days to cure violations?

    Those measures would be real reform.

    More: Amanda Robert, Legal NewsLine.

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    Environment roundup http://overlawyered.com/2013/05/environment-roundup-8/?utm_source=rss&utm_medium=rss&utm_campaign=environment-roundup-8 http://overlawyered.com/2013/05/environment-roundup-8/#comments Wed, 08 May 2013 04:05:13 +0000 http://overlawyered.com/?p=37940 Can EPA use subregulatory guidance to dodge judicial review of formal notice-and-comment rulemaking? Appeals court says no [Allison Wood, WLF] “Outhouse blues: Salisbury Twp. tells 77-year-old to install $20,000 septic system he doesn’t want” [Lancaster (Pennsylvania) Online] Denying attorney fee in oil spill case, Texas judge questions authenticity of client signature [ABA Journal, Chamber-backed Southeast […]

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  • Can EPA use subregulatory guidance to dodge judicial review of formal notice-and-comment rulemaking? Appeals court says no [Allison Wood, WLF]
  • “Outhouse blues: Salisbury Twp. tells 77-year-old to install $20,000 septic system he doesn’t want” [Lancaster (Pennsylvania) Online]
  • Denying attorney fee in oil spill case, Texas judge questions authenticity of client signature [ABA Journal, Chamber-backed Southeast Texas Record]
  • Why “climate justice” campaigns fail both the environment and the poor [Chris Foreman, The Breakthrough]
  • Does the Yale Alumni Magazine often side with plaintiffs who sue to muzzle critics? [Neela Banerjee on Michael Mann lawsuit against National Review, Competitive Enterprise Institute, Mark Steyn, etc.]
  • Anti-science, anti-humanity: Milan animal rights action trashes years of psychiatric research [Nature]
  • Parody Tom-Friedman-bot must be at it again: “best place to start” response to Boston attack “is with a carbon tax” [Tim Blair] Too darn hot: “Dems warn climate change could drive women to ‘transactional sex’” [The Hill]
  • Some California lawmakers seek to curb shakedown lawsuits under notorious Prop 65 chemical-labeling law [Sacramento Bee; Gov. Brown proposes reform]
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    Environment roundup http://overlawyered.com/2013/04/environment-roundup-7/?utm_source=rss&utm_medium=rss&utm_campaign=environment-roundup-7 http://overlawyered.com/2013/04/environment-roundup-7/#comments Thu, 18 Apr 2013 04:05:13 +0000 http://overlawyered.com/?p=37362 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 […]

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  • 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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