The sale of live seafood, common in Chinese food markets, can collide with blanket state regulation of wildlife sales. Virginia, for example, classifies as wildlife any animals not appearing on a list of domestic animals, even if they are raised on farms and have never lived in the wild. While the Virginia suburbs of D.C. have won fame as a hot spot for admirers of Asian food, the selection got somewhat narrower last year with the confiscation of eels, crayfish, bullfrogs and other critters from the Great Wall supermarket. Two store managers were hit with felony charges. [NY Times, Washington Post]
Tagged as:
animals,
eat drink and be merry,
food safety,
Virginia
- ADA mills continue to extract money from California small businesses with no legislative relief in sight [Auburn Journal, Andrew Ross/S.F. Chronicle, KABC (James Farkus Cohan), WTSP (Squeeze Inn owner speaks out), CJAC (Lungren proposal) and more, Chamber (San Francisco coffee shop's woes, auto-plays video)] Profile of attorney Thomas Frankovich [California Lawyer];
- EEOC sues employer for turning away job applicant on methadone program [Jon Hyman]
- “Maryland high court: allergy is disability requiring accommodation” [PoL]
- “Suits could force L.A. to spend huge sums on sidewalk repair” [Los Angeles Times]
- Under gun from Department of Justice and SCOTUS Olmstead ruling, Virginia and other states agree to massive overhaul of services for developmentally disabled; not all families, though, are happy with the insistence on relocating residents of large facilities to smaller “community” settings [Richmond Times-Dispatch, McDonnell press release, Norfolk Virginian-Pilot, Staunton News-Leader]
- “New Case from W.D. Tex. Shows Effect of ADAAA on Back Injury Claims” [Disability Law]
- Lawyer leads effort to give disabled passengers wider rights to sue airlines [Toledo Free Press]
Tagged as:
ADA filing mills,
airlines,
allergies,
California,
disabled rights,
EEOC,
illegal drugs,
Los Angeles,
Maryland,
Virginia
I’ll be speaking this week at two law schools in Virginia, courtesy of the local Federalist Society chapters, about my new book Schools for Misrule. At noon Wednesday I’ll be talking to students at Washington & Lee in Lexington, Va., and then at noon Thursday I’ll speak at the University of Virginia in Charlottesville, with Prof. J. Gordon Hylton slated to respond. I’ve thoroughly enjoyed my past visits to both schools and expect that these will be a treat as well. If you’re in the area, consider dropping by.
Tagged as:
law schools,
live in person,
Virginia
An employee who was kept on the Norfolk, Va. payroll for 12 years without being asked to come in to work has complained that she was wrongfully fired. The employee was originally suspended after misconduct allegations that her agency head for unclear reasons failed to get resolved; his successor dismissed her. [PilotOnline]
Tagged as:
public employment,
Virginia
Most striking part of this Spotsylvania County, Va. story:
Capt. Liz Scott [of the] Spotsylvania Sheriff’s Office says while Mikel’s punishment [and misdemeanor assault charges] may be controversial, “assault is assault is assault.”
“There were three victims that were involved in this, and I think the public needs to remember that,” Scott told FoxNews.com.
Scott said those victims, two females and one male, complained of feeling a “pinch” or “sting” when they were hit with the pellets and one even had a welt on her arm as result.
Perpetrator Andrew Mikel II is 14 years old. In other school and zero-tolerance news, police in Hammonton, New Jersey have charged a 7-year-old for bringing a Nerf-style toy gun to class [NBC Philadelphia] A lawmaker in Hawaii is proposing to ban the sale of squirt guns to minors [Free-Range Kids] A St. Lucie County, Florida kindergartener who was “voted out” of his classroom by fellow students at his teacher’s suggestion has won a $350,000 settlement. [TCPalm/Orlando Sentinel] And lawsuits by parents against school districts over alleged bullying of kids are said to be burgeoning in Florida [Orlando Sentinel]
Tagged as:
bullying,
guns,
schools,
Virginia,
zero tolerance
Glenn C. Lewis, a divorce lawyer who “boasts that he is the most expensive lawyer in the [Washington, D.C.] region,” sued a former client “for an additional $500,000 in fees and interest, although he’d already been paid $378,000.” Lewis says the case was a demanding one and that he earned the money fair and square, but things did not go particularly well for his cause before judges in suburban Fairfax County. [Washington Post via Above the Law]
Tagged as:
attorneys' fees,
divorce,
Virginia,
Washington D.C.
Fairfax County, Virginia prosecutors had charged two bartenders at Jimmy’s Old Town Tavern in Herndon over the trick, which (the report suggests) resulted in no mishap or injuries and which the tavern owner said they had done hundreds of times previously. They still face misdemeanor charges. [Fairfax Times] Scott Greenfield discusses the case (with a mention of yours truly) and proposes a “bartender flambé” rule for knowing when the bubble-ization of everyday life has gone too far.
Tagged as:
crime and punishment,
restaurants,
safety,
Virginia
- Happy Father’s Day! Wayne County Prosecutor Kym Worthy proposes criminal penalties for parents who skip parent-teacher conferences [WJBK via Welch, Reason]
- Plaintiff’s bar takes to online marketing in big way, Boston’s Sokolove firm has 20-employee team [WSJ Law Blog]
- Stuart Taylor, Jr., “The Myth of the Conservative Court” [The Atlantic]
- Happy Father’s Day, cont’d: that “sex offender” neighbor could turn out to be this poor guy [Stephen Mason, Psychology Today via Alkon]
- Libertarians debate anti-discrimination law [David Bernstein and others, Cato Unbound]
- Despite trial lawyer lobbying push, Congress declines for now to create “aid and abet” securities-fraud liability [Bainbridge] “Overcriminalization in the Financial Reform Legislation” [David Rittgers, Cato]
- As international “human rights” proliferate, they’re being applied for businesses’ benefit too, to some advocates’ displeasure [Bader, Examiner]
- Happy Father’s Day, cont’d: Virginia Supreme Court rules child can sue dad after traffic collision for not strapping her properly into car seat [OnPoint News]
Tagged as:
chasing clients,
crime and punishment,
Detroit,
discrimination law,
family law,
international human rights,
schools,
securities litigation,
Virginia
A bill introduced into the Virginia legislature would put payers of child support on the hook for older kids and indeed young adults so long as they are attending college. [Hans Bader, Examiner]
P.S. A reader writes: “We have this in Connecticut. It is a disaster. On paper, the CT court is to consider all factors as to whether it is reasonable to order a parent to pay child support. In reality, it is ordered whether or not the parent can afford to pay, whether or not the adult ‘child’ even speaks to the parent. So you have children who are basically giving their parent no respect or any sort of relationship who are given a free college ride. It is also used as a tool by vindictive parents against the other parent.” More: Alkon.
Tagged as:
child support,
Virginia
That’s one claim in a lawsuit by the government of Arlington, Virginia against such a plan. The chair of the county board says the issue never came up in county discussions and “only arose [in the lawsuit] because the environmental review includes socioeconomic impact”. [MyFoxDC via Below the Beltway]
Tagged as:
discrimination law,
roads and streets,
Virginia
- Tiananmen Square events echo today in acrimonious defamation suit against filmmakers [Boston Globe]
- Andrew Ferguson disrespectful toward David Kessler’s nanniferous book on obesity policy [Weekly Standard]
- “Yes, People Dislike The RIAA Because Of Its Actions” [TechDirt]
- The big difference race makes in medical school admissions [Discriminations, Mark Perry/Carpe Diem]
- Texting, workplace flirtation and sexual harassment law [Forbes/MSNBC]
- After real estate firm grabs and uses online pic, photographer finds satisfaction through small claims court [West Seattle Blog h/t @VBalasubramani]
- Virginia: latest case seeking to open emotional-distress damages for death of pets gets help from former White House counsel Lanny Davis [WaPo, earlier]
- Brazil police allege that host of true-crime TV series ordered killings to ensure good footage for the show [AP]
Tagged as:
Boston,
Brazil,
damages for animal companionship,
harassment law,
libel slander and defamation,
movies film and videos,
obesity,
RIAA and file sharing,
Virginia
It’s leading to battles in New York and other states: “In March, Michigan gave schools a week to be certified by the state or cease operations. Virginia’s cumbersome licensing rules include a $2,500 fee — a big hit for modest studios that are often little more than one-room storefronts.” [NY Times]
Tagged as:
Michigan,
taxes,
Virginia
You might think such a lawsuit, filed against radio host Marc Bernier in Bristol, Va. two years ago, would not detain the legal system for long or inflict heavy costs. But you’d be wrong about that. [Daniel Gilbert, Bristol Herald-Courier, May 19]
Tagged as:
broadcasters,
Virginia
