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transit

Agreeing with the Obama Department of Justice, a federal judge has ruled that New York City cannot create more taxicab medallions unless they are for wheelchair-accessible vehicles [AP]. The administration of Mayor Michael Bloomberg says full wheelchair conversion of the taxicab fleet, as demanded by litigants, would cost on the order of $900 million over five years. It would prefer to serve wheelchair patrons through a network that could summon specialized cabs on demand, but some of its adversaries dismiss that alternative as smacking of separate-but-equal.

Lawyer and author Philip K. Howard points out in a NYDN op-ed that the relief demanded

would require, over the next five years, that all 13,000 New York City medallion cabs be replaced by cabs that cost about $15,000 more – basically to have their frames cut and then stretched to accommodate a ramp and room inside for a person in a wheelchair. …

The larger taxis are generally about 800 pounds heavier and use about 20% more fuel – raising costs and polluting the air. Stretched taxis have harsher suspensions, and are therefore less comfortable for most users, as well as more dangerous (because they are less maneuverable and harder to stop).

See also NY1, WSJ, NYDN (DoJ weighs in on plaintiffs’ side); Matthew Daus/NYT; NYDN (editorial backing mandate), NY Post (opposing mandate); Capital New York (city files notice of appeal).

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The circumstances were unusual — an injury during a blindfolded, helmetless demonstration — but a legal cloud might still be forming for the unique personal transportation device. [Boston Herald via Miller]

P.S. Connecticut Law Tribune (via TortsProf) has much more on the case.

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Medallion prices have surged to the $1 million level. If that’s not enough to get the city to consider letting in more operators, whatever would be? [Mark Perry, Felix Salmon]

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Last week two trolley cars collided in downtown Memphis, and according to Allison Burton, a spokeswoman for the transit authority, some bystanders attempted to board the cars and fake injuries. Burton “said witnesses saw at least eight people run at the trolleys following the wreck” and at least two appear to have gotten in. [Commercial Appeal] Earlier bus-jumping here, etc.

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When an employee decides he doesn’t feel like fulfilling his job requirements, you might need to accommodate him, or be prepared to pay. [Steven Kreytak, Austin American-Statesman]

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Even the Ninth Circuit’s not buying that one, note David Lehrer and Joe Hicks at City Journal.

January 4 roundup

by Walter Olson on January 4, 2011

  • Report: dead woman’s name robo-signed onto thousands of collection documents [Business Insider] Or was it? [comment, Fredrickson/Collections and Credit Risk (alleging that living daughter shares name of deceased mother)] “Are faked attorney signatures the ‘next huge issue’ in the foreclosure scandal?” [Renee Knake, Legal Ethics Forum]
  • “Major Verdict Threatens to Bankrupt Maker of Exercise Equipment” [Laura Simons, Abnormal Use]
  • Decline in competitiveness of U.S. capital markets owes much to legal and regulatory developments [Bainbridge, related]
  • Deadly Choices, The Panic Virus: Dr. Paul Offit and Seth Mnookin have new books out on vaccine controversy [Orac]
  • No one’s trying to get rich off this,” says lawyer planning suit on behalf of A train subway riders stranded during NYC blizzard [NY Daily News]
  • Washington Attorney General Rob McKenna continues to seek solutions to state’s uniquely exposed litigation position, including fix of joint and several liability [Seattle Times, background here and here]
  • ABA Blawg 100 picks — and a critique;
  • Alabama bar orders lawyer’s law license suspended, but in the mean time he’s been elected judge [four years ago on Overlawyered]

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A 58-year-old New Yorker “has filed more than 60 lawsuits against government agencies, colleges, creditors, companies and anyone else who has rubbed him the wrong way.” His suits charging discrimination, of which he has filed up to thirteen in a day, often allege failure to accommodate various physical ailments. “‘We don’t even bother asking him for his pass. We just let him in,’ one Manhattan station agent said. ‘I can’t understand how he has so much power.’” [New York Post]

August 31 roundup

by Walter Olson on August 31, 2010

  • Well, that solves that problem: International Criminal Court outlaws “aggression” [Jeremy Rabkin, Weekly Standard] One contrasting view [David Bosco, Foreign Policy]
  • “Attorney holds banks up to liability in ATM robberies” [Baldas, NLJ; Ted at PoL]
  • New report: litigation costs to California public schools run high [California Citizens Against Lawsuit Abuse, PDF]
  • “Plaintiffs Object to Deal in Anorexia Suit Claiming School Didn’t Prevent Fat Taunts” [ABA Journal]
  • Attention government contractors: “Your customer wants to see how much you make” [Hodak Value]
  • New Jersey med-mal reform advocates rally after state high court guts certificate-of-merit law [NJLRA, more]
  • SEPTA, the Philadelphia transit authority, files trademark action against personal injury law firm [Kennerly]
  • Chemicals devastating lobsters in the Northeast? Maybe not [Logomasini, CEI]

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The Transport Workers Union has filed suit to block the legalization of private van services that could run along city bus routes Mayor Michael Bloomberg has targeted for cuts. [Richard Epstein, Forbes]