New federal regulations from the Environmental Protection Agency, aimed at curbing exposure to dust that might contain lead paint, will result in federal certification of many building-maintenance specialties and step up pressure against informal unlicensed suppliers of handyman and carpentry services:
On April 22, the Environmental Protection Agency is slated to enact rules requiring EPA certification for contractors working on homes built before lead paint was banned in 1978. The rule, aimed at limiting exposure to lead, applies to carpenters, plumbers, heating and air conditioning workers, window installers and others.
Two-thirds of U.S. homes and apartments (78 million out of 120 million) were built before 1978, says Calli Schmidt of the National Association of Home Builders (NAHB), citing Census Bureau data. She says half of the pre-1978 homes don’t contain lead but the rule, depending on implementation, might apply to all of them.
Making it unlawful to practice home renovation without federal certification will assuredly reduce the supply and raise the cost of renovations, the extent of the shift varying perhaps from one community to another depending on how professionalized the relevant markets already are. One result of shifting the cost curve will be to encourage teardowns of otherwise sound housing stock. Some other properties that remain occupied will simply go without renovations and repairs, with unpredictable (but probably not good) consequences for health and safety. [USA Today via Nick Gillespie, Reason] As for the prospect that the federal government will apply any sort of common-sense appraisal of the actual benefits of spending millions to avoid infinitesimal or nonexistent lead exposures, I’ll believe that when they fix CPSIA. More: WSJ (sub-only)
Tagged as:
Environmental Protection Agency,
lead paint,
real estate
It “did not rise to the level of a kitchen suitable for a property located at 50 Gramercy Park North,” says the realty group that rented the apartment from the owners. P.S. New York Daily News link mistakenly omitted before (h/t Bob Montgomery).
Tagged as:
NYC,
real estate
Obesity-as-disability in Canada: “Marise Myrand said her condo association discriminated against her by denying her a parking spot closer to her building entrance.” She’s now won a favorable ruling from the Quebec Human Rights Tribunal and a $10,000 settlement. [The Globe and Mail, h/t reader Vicky G.]
Tagged as:
Canada,
disabled rights,
obesity,
real estate
- Man who shot dogs sues blogger whose critical account of episode allegedly put him in false light [Christopher Comins v. Matthew Frederick VanVoorhis, Florida, Citizen Media Law; Greenfield (free speech attorney Marc Randazza assisting VanVoorhis)]
- Appeals court revives Pennsylvania couple’s trespass suit against Google over Google Street View pics of their home and pool [Legal Intelligencer, ABA Journal]
- “Rich Guy Sues to Keep $380/Month Rent on Park Ave.” [Gothamist]
- “Think Davis-Bacon on steroids” — Obamaites mull SEIU-driven “High Road” policy to push federal contractors into union practices [Daily Caller, Michael Fox via PoL]
- Federal judge’s 49-page sanctions order blasts Adorno & Yoss, two lawyers and client over bad faith conduct of trade dress suit [Fulton County Daily Report]
- “Terrorist who killed US medic wants C$10 million from Canadian taxpayers” [CanWest/Canada.com via David Frum]
- “Massachusetts Woman Sues Real Estate Broker over Second-Hand Smoke in Condo” [Somin, Volokh; case settles]
- “Our litigation process encourages radical polarization” — part II of Q&A with author Philip Howard [WSJ Law Blog, link to part I]
Tagged as:
bloggers and the law,
Google,
labor unions,
libel slander and defamation,
NYC,
Philip K. Howard,
real estate,
sanctions,
terrorism
Cheltenham, U.K.: “A businessman is facing a £300,000 legal bill after losing a boundary battle with his neighbour – over an area of land of just seven square yards.” About half of that represents the loser-pays bill that will be handed to Martin Charalambous and his partner for pursuing a legal campaign through appeal whose cost far exceeded the value of the land. [Daily Mail, Telegraph, This Is Gloucestershire]
Tagged as:
loser pays,
real estate,
United Kingdom
- Greenwich, Connecticut real estate board may discipline member whose blog (often linked in this space) regularly pokes fun at overpriced houses. Antitrust/First Amendment problem? [Chris Fountain, For What It's Worth]
- “Religious group sued for allegedly inciting harm through prayers” [USA Today]
- Legally driven waste of water in parched California should reopen Endangered Species Act debate [Max Schulz, American Spectator] “More Unintended Consequences — Endangered Species Edition” [Ronald Bailey, Reason; related AEI panel]
- “Apple v Woolworth re Apple Logos In Australia” [Trademark Blog]
- Speaking of Australia, Consumers Union’s Consumerist site publishes fake “Aussie McDonald’s fraud plot” memo as real — revises post later, but without mentioning it was taken in by hoax [HardArticle]
- Pennsylvania couple learns about squatter’s-rights law the hard way [Hazleton Standard Speaker]
- Maybe Saratoga Springs, N.Y. will let middle schoolers bike — or even walk! — to school [Albany Times-Union, Lenore Skenazy/Free Range Kids, Patrick at Popehat, Doug Mataconis/Liberty Papers]
- Milberg, the disgraced class action firm of Mel Weiss and Bill Lerach fame, is hot again [NLJ]
Tagged as:
Apple,
Australia,
Bill Lerach,
California,
churches,
Connecticut,
endangered species,
McDonald's,
Melvyn Weiss,
Milberg Weiss,
Pennsylvania,
real estate,
schools,
trademarks,
urban legends about lawsuits
A house for sale in Greenwich, Ct. for about $7.5 million is decorated in a eye-grabbing way that might intrigue some home-hunters while putting off others. Real estate bloggers start to notice, the tone of discussion turns snarky (especially in comments), and the nastygrams duly follow.
Tagged as:
bloggers and the law,
Connecticut,
real estate
- Wisconsin lawyer pressing bill to allow punitive damages against home resellers over claimed defects [Wisconsin State Journal] More: Dad29.
- Longer than her will? NY Times posts ten-page jury questionnaire in Brooke Astor inheritance case ["City Room"] “Supreme Court: No Constitutional Right to Peremptory Challenge” [Anne Reed]
- Georgia’s sex offender law, like Illinois’s, covers persons who never committed a sex crime [Balko]
- “The lawsuits over TVA’s coal ash spill have come from all over Roane County – except the spots closest to home.” [Knoxville News]
- Bootleg soap: residents smuggle detergents after enactment of Spokane phosphate ban [AP/Yahoo]
- UK: Elderly Hindu man in religious-accommodation bid for approval of open-air funeral pyre [Telegraph]
- No DUI, no one hurt, but harsh consequences anyway when Connecticut 18 year old is caught buying six-pack of beer [Fountain]
- Only one or two not covered previously at this site ["12 Most Ridiculous Lawsuits", Oddee]
Tagged as:
alcohol,
Connecticut,
environment,
Georgia,
Illinois,
jury selection,
punitive damages,
real estate,
religious discrimination,
Wisconsin
- Suit by Hurricane Katrina victims against Army Corps of Engineers set for trial April 20 [WSJ law blog, Frankel/AmLaw Daily, earlier]
- Some criminal defense arguments are creative, which doesn’t mean they’ll work [Ambrogi/Legal Blog Watch]
- Words to avoid in real-estate ads: safe, quiet, family-friendly, bachelor’s, walking distance [UrbanDigs.com, New York Post] And better not mention the quadruple murder in the house either [Fountain]
- The questionable science of repressed memories [Joann Wypijewski, The Nation]
- National coverage of 14 states’ ban on fish-nibble pedicures [WSJ via OpenMarket; earlier]
- States move to revoke medical license of Dr. Ray Harron, accused of falsely diagnosing thousands of plaintiffs in asbestos cases [(Chamber-backed) SE Texas Record]
- Conan tales are public domain in New Zealand, but online reading of them there draws nastygram anyway [BoingBoing and followup]
- “Wrestler stages a fall at 7-Eleven in attempt to collect $50,000″ [Obscure Store, Philadelphia Daily News]
Tagged as:
advertising,
asbestos,
copyright,
Katrina,
New Zealand,
real estate,
taxpayers
- Surprising origins of federal corruption probe that tripped up Luzerne County, Pa. judges who were getting kickbacks on juvenile detention referrals: insurers had noted local pattern of high car-crash arbitration sums and sniffed collusion between judges and plaintiff’s counsel [Wilkes-Barre Times Leader, Legal Intelligencer] Court administrator pleads to theft [Times Leader] Judge Ciavarella had secret probation parole program [PAHomepage]
- We get accolades: “Overlawyered.com has a new look. Great new format, same good stuff,” writes ex-securities lawyer Christopher Fountain, whose real estate blog I’m always recommending to people even if they live nowhere near his turf of Greenwich, Ct. [For What It's Worth]
- “Fla. Jury Awards $8M to Family of Dead Smoker in Philip Morris Case” [ABA Journal; for more on the complicated background of the Engle case, which renders Florida a unique environment for tobacco litigation, start here]
- Scott Greenfield vs. Ann Bartow vs. Marc Randazza on the AutoAdmit online-bathroom-scrawl litigation, all in turn playing off a David Margolick piece in Portfolio;
- Eric Turkewitz continues his investigations of online solicitation by lawyers following the Buffalo crash of Continental Flight #3407 [NY Personal Injury Law Blog, Mon. and Tues. posts; earlier]
- One vital element of trial management: keep track of how many jurors there are [Anne Reed, Deliberations]
- Public Citizen vs. public health: Sidney Wolfe may succeed in getting the FDA to ban Darvon, and the bone marrow transplant nurse isn’t happy about that [Dr. Wes, KevinMD, more on Wolfe here]
- “Baseball Star’s [uninfected] Ex Seeks $15M for Fear of AIDS” [OnPoint News, WaPo, New York Mets star Roberto Alomar]
Tagged as:
accolades,
arbitration,
AutoAdmit,
baseball,
chasing clients,
Connecticut,
FDA,
Florida,
juries,
Luzerne County judicial scandal,
online speech,
Pennsylvania,
Public Citizen,
real estate,
tobacco
ApartmentRatings.com is a site that invites users to post their opinions about good and bad experiences as renters with particular buildings, complexes and landlords. The owners of two Bay area apartment complexes, Parkmerced in San Francisco and Larkspur Shores in Larkspur, have now sued eighteen unnamed defendants over negative comments such as “Construction noise, poor management, tacky decor, and an indifferent staff”, “I do not think the new management is sincerely trying to improve anything”, “stay far away and never look back,”, “worst place I’ve ever lived”, and “a real dump”. The real estate firms, Parkmerced Investors Properties LLC and Stellar Larkspur Partners LLC, claim libel, tortious interference with contract, and perhaps most creatively violations of the federal Lanham Act (their basis for getting into federal court). The Lanham Act is more usually encountered in complaints of false advertising, but the plaintiffs say it applies here “because Defendants misrepresent the nature, characteristics and qualities of the Apartments”. (Sam Bayard, Citizen Media Law, Nov. 24). According to CalBizLit (Nov. 20):
The two plaintiffs allege that “on information and belief” the posting reviewers included persons who were not tenants, but were employees, agents, etc. of competing apartment house communities. “On information and belief.” That’s often lawyer language for “I got no idea whether it’s true or not, but let’s do some discovery and see what happens.”
Tagged as:
advertising,
Bay Area,
online speech,
real estate,
San Francisco
- Why real estate agents make you sign 1,000 silly forms [Christopher Fountain] Michigan requires acknowledgment that nearby farms “may generate noise, dust, odors” [Land Division Act h/t Sean Fosmire]
- Albuquerque police take out want ad seeking snitches [AP]
- “A prez must know S of S has no agenda other than his own” Chris Hitchens flays the Hillary pick [Slate]
- Not all British nannies are charming: U.K. regulators may ban “happy hour” in bars [AP h/t Jeff Nolan]
- As Georgia “sex offender” horror stories go, Wendy Whitaker case may outdo Genarlow Wilson’s [Below the Beltway; more on Wilson case]
- U.K. juror polls her Facebook friends to help decide on case [AllFacebook h/t @lilyhill and @Rex7; Greenfield]
- Looking for political conservatives on Twitter? Here’s a long list [Duane Lester, All American Blogger; and I have a comment on ways to use Twitter]
- New page of auto-feeds from leading Canada & U.S. law & politics blogs [Wise Law Reader]
- Bailout’s a lot bigger than you think, try $7.8 trillion with a “t” [John Carney]. Claim: with $ sunk since ’80, GM and Ford could have closed own plants and bought all shares of Honda, Toyota, Nissan and VW [David Yermack, WSJ via Cowen]. What if Citi gives up Mets naming rights? Gary’s Bail Bonds Stadium just doesn’t quite have the same ring to it [Ray Lehmann]
- Australian class action could derail because overseas funders didn’t register as investment managers [The Australian h/t @SecuritiesD]
Tagged as:
agriculture and farming,
alcohol,
Australia,
autos,
Canada,
Crisis of 2008,
Facebook,
Georgia,
juries,
New Mexico,
police,
real estate,
restaurants,
Twitter,
United Kingdom