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taxpayers

Megan McArdle says the judge seems to have dreaded only Type A and not Type B error when it comes to compensating discriminated-against farmers, and quotes more from the great Times piece:

“It was the craziest thing I have ever seen,” one former high-ranking department official said. “We had applications for kids who were 4 or 5 years old. We had cases where every single member of the family applied.” The official added, “You couldn’t have designed it worse if you had tried.” …

Accusations of unfair treatment could be checked against department files if claimants had previously received loans. But four-fifths of successful claimants had never done so. For them, “there was no way to refute what they said,” said Sandy Grammer, a former program analyst from Indiana who reviewed claims for three years. “Basically, it was a rip-off of the American taxpayers.” …

In 16 ZIP codes in Alabama, Arkansas, Mississippi and North Carolina, the number of successful claimants exceeded the total number of farms operated by people of any race in 1997, the year the lawsuit was filed. Those applicants received nearly $100 million.

At Prawfsblawg, Paul Horwitz notes that legal scholars active in areas like reparations and discrimination law have up to now said little or nothing about the high quantum of fraud in the much-publicized Pigford settlements and asks (perhaps a bit rhetorically?) whether they will soon be taking note of the “public interest graft” revealed in the Times piece. And Hans Bader wonders whether the Obama administration might have avoided going down the embarrassing settlement route had it taken more seriously the Supreme Court’s 2001 decision in Alexander v. Sandoval. More: Ted Frank, Point of Law; Daniel Foster, NRO. Joel Pollak: “Even the Kinko’s guy knows about Pigford.” Earlier here, etc.

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April 20 roundup

by Walter Olson on April 20, 2013

  • “Victory For Blogger Patterico In Free Speech Case” [Ken at Popehat, earlier]
  • “Watch ‘disparate impact’ become the new HUD jihad if it succeeds in [Westchester]” [Jackson Jambalaya, earlier]
  • “Big Tobacco uses Big Government to keep out Small Competitors” [Tim Carney, DC Examiner]
  • Casinos or no, Connecticut tribes want the federal dole [AP]
  • High cost of litigation to California municipalities [L.A. Daily News, new CALA report in PDF] “San Francisco’s iconic cable cars cost city millions of dollars in legal settlements” [AP]
  • Morning sickness drug Bendectin, famed casualty of unfounded litigation, returns to market renamed diclegis [MedPageToday, David Bernstein; background here, etc.; classic account from Peter W. Huber's Galileo's Revenge] Another Bendectin sequel: Barry Nace, former ATLA/AAJ head, draws 120-day suspension from West Virginia high court [Chamber-backed WV Record]
  • “Tennessee’s ‘guns in parking lots’ bill a net drain on liberty [George Scoville; similarly Bainbridge and earlier] Another pro-gun but anti-liberty idea: Colorado lawmaker wants to force firms to hire guards if they deny armed customers access to their premises [KOAA, SecurityInfoWatch, Durango Herald (idea nixed in committee)]

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March 22 roundup

by Walter Olson on March 22, 2013

  • $10 million judgment “won’t hit Albuquerque property owners on their tax bills because it’ll come out of [city's] self-insurance fund” Say what? [Albuquerque Journal via Ed Krayewski, Reason]
  • Latest Bloomberg scheme: ban display of tobacco products [Jacob Sullum, Patrick at Popehat, Patrick Basham/Daily Caller, Ira Stoll, Elie Mystal/Above the Law]
  • Female? Hispanic? Planted a backyard garden between 1981-2000, while wishing you could have gone bigger with the hobby? Feds’ ag-bias settlement may have bucks for you [James Bovard/WSJ, earlier on Pigford black-farmer settlement here, here, here, etc.]
  • Newly published, includes blurb by me: Mark White, The Manipulation of Choice: Ethics and Libertarian Paternalism [Amazon]
  • “NYC adopts nation’s toughest law against refusing to hire unemployed” [AP, earlier here, etc.]
  • Estate of judge is suing prominent Philadelphia class action lawyer over fall at party in home [Legal Intelligencer]
  • For Wisconsin’s left, Roggensack/Fallone judicial contest might be the last hope for derailing Gov. Walker’s labor reform [Rick Esenberg]

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“Localities in the state spend at least $1 billion a year on judgments and other costs of lawsuits, according to preliminary data from Rockefeller College.” [Albany Times-Union]

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“The Cook County Board on Tuesday agreed to pay more than $1 million in taxpayer money to settle a federal lawsuit brought by female County Jail inmates who said their civil rights were violated during repeated weekend lockdowns at the massive detention facility. The bulk of the settlement — $850,000 — will go to attorneys who represented the four inmates in the nine-year court case. Two inmates won federal judgments totaling $143,000, and the county opted to pay two others $5,000 to end the suit. … In addition to the $1 million settlement, the county spent at least $732,144 over the years to pay an outside firm to defend it against the suit, according to county records.” The plaintiffs had failed in a bid for class action status. [Chicago Tribune]

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March 21 roundup

by Walter Olson on March 21, 2012

  • Shame on DoJ: “Systematic concealment” of evidence when feds prosecuted Sen. Ted Stevens [WaPo, Caleb Mason/Prawfs] NYT notes feds’ losing streak in Foreign Corrupt Practices Act prosecutions [NYT, our latest]
  • Italy: tax officials stop luxury cars, demand drivers’ most recent tax returns [Secular Right]
  • Pinterest: casual users (perhaps especially casual users) might be opening themselves to copyright liability [DDK Portraits, WSJ Law Blog] And in case you needed a reminder not to publish photos grabbed from random web sources… [Webcopyplus]
  • In new Atlantic special report, Philip K. Howard collects papers on outdated government law and regulation from contributors Robert Litan, Julie Barnes, Mark Warner, Jim Cooper;
  • Institute for Justice sues IRS over its new licensing requirements for tax preparers [Ilya Shapiro and Chaim Gordon/Cato, Paul Caron/TaxProf, Katherine Mangu-Ward, Barton Hinkle]
  • “It is acceptable to refer to all court proceedings as a ‘trial,’ because seriously, you ever sat through one of those things?” [@FakeAPStylebook]
  • Christopher Booker series on child-snatching by UK authorities [Telegraph: first, second, third]

“Washington [the state] is getting hit with so many lawsuits over budget cuts that it’s not clear at times who controls the state’s purse strings: lawmakers or the court system. … Overall, the state has been sued more than a dozen times because of cuts lawmakers made in recent years to curtail state spending and balance the budget.” A spokesman for the Service Employees International Union (SEIU), one of the groups suing the state over cuts, describes program cuts as “violating people’s rights” and says the state should raise revenue if it doesn’t want to be sued. [Seattle Times] (& Bainbridge).

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Ocean City, N.J., a municipality of 12,000 residents, has recently been coping with nine lawsuits filed by municipal workers. Among them: lifeguards aged 66 and 68 who alleged employment discrimination against them based on their age. [Douglas Bergen, Ocean City Patch via AnnMarie McDonald, New Jersey Lawsuit Abuse Watch; Press of Atlantic City].

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Following the horrific murder-suicide of a woman who intentionally drowned herself and three of her four children, the woman’s estranged boyfriend is suing the city of Newburgh, N.Y. and its surrounding county for failing to prevent the crime. Joint and several liability reform would help, if only Albany were more sympathetic to the cause. [Thomas Stebbins, Poughkeepsie Journal; Daily News]

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I’ve got a new blog post up at Cato on the article in yesterday’s New York Times tracing how unsustainable police and fire contracts — the product, more specifically, of a pro-union state law imposing binding arbitration on municipalities — have driven the city of Central Falls to the brink of bankruptcy. Read it here. Matt Welch discusses the same article at Reason “Hit and Run.”

San Francisco’s public contracting requirements could drive both taxpayers and vendors batty: “[C]ity purchasing policies, if followed, would mean paying about $240 for getting a copy of a key that actually cost a worker $1.35 to get done at a hardware store on his break,” according to one whistleblowing employee. [SF Chronicle via Matt Welch]

February 22 roundup

by Walter Olson on February 22, 2011

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“The city of Lodi ended a long legal battle over groundwater contamination earlier this month,” accepting $6.3 million from insurers for local businesses. [Lodi News-Sentinel] We covered the convoluted litigation, in which the California city sued numerous local businesses, in reports here and here.

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February 2 roundup

by Walter Olson on February 2, 2011

  • Many of the best New Jersey sledding slopes are off limits now: “Litigators ruin pretty much everything” [Bainbridge]
  • Granola bar trans-fat lawsuit leaves Russell Jackson unimpressed;
  • “Criminal barbering”: license lapse gets 82-year-old Oregon hair-cutter in legal trouble [Perry]
  • Tomorrow’s economy won’t thrive if municipal authorities strangle innovative businesses where they incubate [Conor Friedersdorf, City Journal]
  • Need to bring property taxes under control? Try litigation reform [NJLRA]
  • Convicted at height of 90s child-abuse prosecution fever, Ohio pair seek to reopen case [Briefcase] More: Balko.
  • Here’s an idea: “Let the shareholders decide if SOX is worth the costs.” [Ribstein]
  • Retired Massachusetts attorney found in possession of stolen art trove [five years ago on Overlawyered] Updates courtesy reader Ronald Stimbert: Legal Blog Watch 2008 (attorney convicted); Cape Cod Times 2010 (paintings returned to owner).

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Vowing no longer to be Mister Nice City (assuming it ever qualified as such), Chicago is now willing to pay $50,000 to fight (successfully) a police-misconduct case it could have settled for $10,000:

Even though the city stands to lose money litigating every case under $100,000, a spokeswoman for the law department said that recently compiled figures showed the strategy seemed to be saving taxpayer money by dissuading lawyers from suing the police unless they are confident of victory.

(& welcome Coyote readers).

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That includes $14 million in payouts to defense lawyers, many of whom have close ties to local politicians, and $25 million to claimants, a figure that “dwarfs what area municipalities and larger cities including Camden and Trenton have paid, and nearly equals payouts in Newark, where the population is eight times larger than Atlantic City.” The casino town’s population is 35,000. [Press of Atlantic City]

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Deficit-reduction panel

by Walter Olson on November 15, 2010

Among its other proposals, it’s calling for medical malpractice reform to “pay lawyers less and reduce defensive medicine.” [Reuters]

I’ve got a post up at Cato at Liberty on the Freddie-Mac-versus-IRS litigation that Bloomberg columnist Jonathan Weil calls the “stupidest lawsuit ever.”

P.S. And welcome Mickey Kaus readers (“Stupidest lawsuit ever? Tough category”).

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