- “A 4-Page Playdate Waiver? Is This the New Normal?” [Lenore Skenazy, Free-Range Kids; our 2000 post on "Rise of the High-School Sleepover Disclaimer"]
- Spirit Airlines sets what it calls DOTUC fee, for “Dept. of Transportation Unintended Consequences” [Stoll]
- How fairly are fathers treated in family court? [Nina Shapiro, Seattle Weekly via Alkon]
- “‘Insider’ Trading by the Representative Plaintiff in Shareholder Litigation” [Bainbridge]
- “Donation controversy focuses attention on Madison County asbestos litigation” [St. Louis Post-Dispatch, Chamber-backed LNL]
- Update: Appeals court reinstates Duluth doc’s defamation claims [DNT, earlier here, here, here; "bedside manner" criticism]
- U.K.: “‘Psychic’ Sally Morgan Sues Critics for £150,000 After Refusing $1 Million to Prove Her Powers” [D.J. Grothe, HuffPo] “She’ll be calling witnesses such as ‘an uncle, or father, or a man… with a b in his first name’.” [@thegagthief]
Tagged as:
airlines,
asbestos,
divorce,
family law,
libel slander and defamation,
Madison County,
recreation,
Seattle,
securities litigation,
United Kingdom
- Overseas press excoriates new FATCA tax-Americans’-foreign-earnings law; some foreign banks now turn away American customers [Dan Mitchell, Cato, Reason] “The Fatca story is really kind of insane.” [Caplin & Drysdale's H. David Rosenbloom, NYT via TaxProf] Will Congress back down? [Peter Spiro/OJ, more]
- Important new book from James Maxeiner (University of Baltimore) and co-authors Gyooho Lee and Armin Weber on what the U.S. can learn from legal procedure overseas: “Failures of American Civil Justice in International Perspective” [TortsProf]
- Don’t do it: British administration mulls further move away from loser-pays rule in search of — what exactly, a yet more Americanized litigation culture? [Guardian, Law Society]
- Apparently in Norway it’s possible to lose one’s kids by feeding them by hand [Shikha Dalmia, Reason]
- Financial transaction tax? Ask the Swedes how that worked out [Mike "Mish" Shedlock, Business Insider]
- Notes from conference on globalization of class actions [Karlsgodt] Related: Adam Zimmerman;
- “Another conviction in Europe for insulting religion” [Volokh; Polish pop star] Campus secularists’ speech under fire in the U.K. as “Jesus and Mo” controversy spreads to LSE [Popehat] British speech prosecution of soccer star [Suneal Bedi and William Marra, NRO]
Tagged as:
Child Protective Services,
Europe,
free speech,
hate speech,
loser pays,
Norway,
Sweden,
taxes,
United Kingdom
- “Hawaii may keep track of all web sites visited” [Declan McCullagh]
- NEA (and now Obama) answer to public education woes: lock the exits by hiking school-leaving age [Steve Chapman, earlier]
- On nomination filibusters, New York Times editorial policy has pulled a 360, not just a 180 [Whelan, 2003, 2005, earlier]
- English copyright ruling “creates ownership in the idea of a photo’s composition” [Doctorow, BB]
- New Maryland push for same-sex marriage will include stronger religious exemptions, a course I urged last year [Sun, my view] Detailed inquiry into the law of interstate marriage recognition and DOMA [Will Baude, Volokh]
- When lawyers face prison for the advice they give [Jack Fernandez, Zuckerman Spaeder via Legal Ethics Forum]
- FDA regulation of pharmaceuticals: “More reasons to discount adverse event reports” [Yeary, Drug & Device Law, the CPSC database analogy]
Tagged as:
copyright,
judicial nominations,
Maryland,
pharmaceuticals,
photography,
same-sex marriage,
schools,
United Kingdom
- Per Chevron, Kerry Kennedy getting undisclosed percentage of the take, potentially in millions, to side with plaintiffs in Ecuador suit [NY Post] Long New Yorker take-out on case [Patrick Radden Keefe]
- Freetail Brewing fields a nastygram: “How to Comply With a Cease-and-Desist Letter But Still Win” [Lowering the Bar]
- I.e. boycotts illegal? Odd Minnesota law bans economic “reprisals” based on “political activity.” [Volokh]
- “Chris McGrath v. Vaughan Jones: An Unpleasant Peek Into U.K. Libel Law” [Popehat; suit over science-and-theology book review] Related: “You Can’t Read This Book: why libel tourists love London” [Nick Cohen, Guardian, on his new book]
- Business experience isn’t be-all or end-all for presidential qualifications, but might avert some policy howlers [Kling]
- “Arbitration Is Here to Stay and One Lawyer Says That Is Good for Consumers” [Alan Kaplinsky interview, Mickey Meese/Forbes, PoL]
- Off-topic random thought: “Iranian nuclear scientist who moonlights in Broadway Spider-Man cast” must be world’s most uninsurable job description;
- “D.C. Lawmakers Propose Requiring Students to Apply to College” [Fox]
Tagged as:
arbitration,
beer and brewers,
Chevron,
Minnesota,
nastygrams,
Robert F. Kennedy Jr.,
schools,
United Kingdom,
Washington D.C.
- Union withdraws, and NLRB drops, complaint against Boeing over plant location decision [Adler, earlier] “Sen. Johnny Isakson (R-GA) Introduces Bill to Reverse NLRB’s ‘Micro-Union’ Decision” [LRT via @jonhyman] Video of “Organized Labor & Obama administration” panel [Federalist Society convention]
- Suing Atlantic City is an established sport for current, former employees [Press of AC] After lawsuit win, former Gotham sanitation worker litters neighborhood with cars [NY Post via Christopher Fountain] Why have House, Senate reversed usual ideological lines on federal employee workers’-comp reform? [WaPo]
- Murder of reformist professors reinforces difficulty of changing Italian labor law [Tyler Cowen] UK considers relaxing “unfair dismissal” controls on employers [BBC, earlier]
- Taylor Law and NYC transit strike: “ILO Urges that U.S. Stop Violating International Obligations It Hasn’t Agreed To” [Ku, OJ; Mitch Rubinstein, Adjunct Law Prof]
- Maryland’s misnamed 2009 “Workplace Fraud Act” bedevils carpet installers and other firms that employ contract workers, and perhaps that was its point [Ed Waters Jr./Frederick News-Post, Weyrich Cronin & Sorra, Floor Daily]
- “Government pay is higher” [Stoll] Notwithstanding “Occupy” themes, interests of unions and underemployed young folks might not actually be aligned very well [Althouse]
- More on outcry over proposed federal restrictions on kids’ farm chores [WSJ, NPR, Gannett Wisconsin, CEI, earlier]
Tagged as:
agriculture and farming,
international human rights,
Italy,
labor unions,
Maryland,
New Jersey,
NYC,
United Kingdom,
workers' compensation
- UK: “Premiums to soar as accident claims lawyers push up cost of motor insurance, MPs hear” [Telegraph]
- John Stossel on death by FDA [Reason] Disapproving stance on e-cigarettes might cost lives [Balko] Company abandons pioneering stem-cell research after running up $45 million in costs to win FDA approval of initial safety tests [Technology Review] NYT can be obtuse about regulatory costs [Cowen]
- No, we’re not allowed to let you out of the van to relieve the call of nature [Ted at PoL]
- “Economic Damages Are Affirmed Though Plaintiff’s Earnings Rose After Accident” [NJLJ]
- A shame about the business climate in Hawaii [Inverse Condemnation]
- “Massachusetts Lawyer Loses License for a Year for Charging $93.8K Contingent Fee, Absent a Contingency” [Martha Neil, ABA Journal]
- Movement “rapidly gaining steam” in U.S. to prohibit anonymous sperm donation [Glenn Cohen, Prawfs]
Tagged as:
assisted reproduction,
contingent fee,
damages,
FDA,
Hawaii,
United Kingdom
A Los Angeles couple have been gaining publicity for their proposal to require publications to disclose with warning labels when pictures of models have been Photoshopped, the better to help the bodily self-esteem of readers who may feel inadequate when contemplating the skinny/curvaceous images or airbrushed complexions. [CBS New York] “After complaints from Liberal Democrat MP Joe Swinson, the UK’s Advertising Standards Authority banned two digitally enhanced ads starring prominent celebrities for ‘exaggeration and being misleading.’” [Diana Denza, Betty Confidential; earlier on parallel developments in France as well as Britain]
Incidentally, I’ve now compiled a long-overdue tag for posts on photography.
Tagged as:
advertising,
photography,
United Kingdom
A humorous take on the news that supermarkets in the United Kingdom may soon be freed to enter the legal services market [NewsThump]:
…there are fears that the income of Britain’s lawyers could be slightly affected.
“Our members are already feeling the pinch, and in some cases we’ve had to not quite bleed people dry”, claimed Claude Darkus of the Law Society….
Consumers have already formed several support groups for struggling lawyers, with drop-in centres where they can have a quick money shower and kick some puppies.
Tagged as:
humor,
United Kingdom
- UK panel declines to ban “I like gin” tea ad [Campaign]
- Do pics of tree-shaped air fresheners violate trademark rights of product marketer? [PoL]
- Man’s EU trademark for “Keep Calm and Carry On” raises hackles [Maria Bustillos, The Awl]
- When was the last time Congress chose to repeal a law restricting employers? Surely more recently than with the Portal to Portal Act of 1947 [Fox, Jottings]
- NYC: “City’s Top Lawyer Details Payouts of $561 Million in Lawsuits” [NYT]
- Calif. Gov. Brown vetoes attorney-backed bill widening fee entitlement where claimed damages not recovered [CJAC]
- Ira Stoll has been assembling a list of cost-free measures to help the economy, #17 is the proposed EPA-curbing Cement Regulatory Relief Act, #13 is “Eliminate requirements for legal ads in print newspapers in connection with business formation.” [Future of Capitalism]
Tagged as:
alcohol,
Jerry Brown,
NYC,
trademarks,
United Kingdom,
workplace
“Kite flying, schoolyard games and sports day sack races have all been hit by an ‘epidemic’ of health and safety excuses, which should be challenged by the public, the Government said.” [Independent] Plus: UK school deems leather balls too dangerous for youngsters, directs use of sponge balls instead [BBC]
Tagged as:
recreation,
safety,
schools,
United Kingdom
The recent British decision of Jones v. Kaney points in that direction, and one expert in Canada says, “Bring it on” (via Erik Magraken):
I like Britain’s approach because everyone, including expert witnesses, should be responsible for their actions. … I make an error or I provide care that’s below standard, I should be held responsible and I am. I don’t see why that responsibility should disappear because I’m now acting as an expert on the witness stand in court.
Tagged as:
expert witnesses,
United Kingdom
- House Judiciary holds hearing on asbestos-claim fraud and abuse, with Prof. Brickman headlining [Main Justice, Legal NewsLine, WSJ law blog, PoL, Brickman testimony]
- Endangered species habitat in Nevada: “Elko County wants end to 15-year-old trout case” [AP]
- “Why is the Eastern District of Texas home to so many patent trolls?” [Ted Frank/PoL, more] Tech giants say multi-defendant patent suits place them at disadvantage [WSJ Law Blog] Plus: “Patent company has big case, no office” [John O'Brien, Legal NewsLine]
- Lawsuit settlement and the lizard brain [Popehat]
- “U.S. Commission on Civil Rights Looks Into Eminent Domain Abuses” [Kanner, Somin] U.K.: “Squatters could be good for us all, says judge in empty homes ruling” [Telegraph]
- Madison mob silences Roger Clegg at news conference where he releases new study of UW race bias [ABA Journal, Althouse]
- Life in Australia: “Another motorized-beer-cooler DUI” [Lowering the Bar]
Tagged as:
asbestos,
Australia,
Eastern District of Texas,
eminent domain,
endangered species,
Lester Brickman,
Nevada,
patent trolls,
settlement,
United Kingdom
Britain: “The government is to ban referral fees in personal injury claims in an attempt to curb the ‘compensation culture’. It says the current system in which personal injury details are sold on by insurance companies to lawyers has led to rising insurance costs.” [BBC]
Tagged as:
chasing clients,
insurers,
United Kingdom
