Overlawyered » Virginia

Ethnic foodways vs. state regulation

Walter Olson — Sun, 22 Apr 2012 17:14:01 +0000

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 ]

Tags: animals, eat drink and be merry, food safety, Virginia

Ethnic foodways vs. state regulation is a post from Overlawyered - Chronicling the high cost of our legal system

Disabled rights roundup

Walter Olson — Tue, 21 Feb 2012 05:06:43 +0000

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]

Tags: ADA filing mills, airlines, allergies, California, disabled rights, EEOC, illegal drugs, Los Angeles, Maryland, Virginia

Disabled rights roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Upcoming speeches: Washington & Lee, University of Virginia

Walter Olson — Wed, 21 Sep 2011 00:30:34 +0000

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.

Tags: law schools, live in person, Virginia

Upcoming speeches: Washington & Lee, University of Virginia is a post from Overlawyered - Chronicling the high cost of our legal system

May 9 roundup

Walter Olson — Mon, 09 May 2011 12:38:02 +0000

New DoL classification mandate could tee up wage/hour class actions [Peter Kirsanow, NRO Corner] “Survey of wage and hour settlement highlights risk to employers” [Hyman]
Why 24/7/365 campaigns? Because politics “has taken over so much of life” [Roger Pilon, Cato at Liberty]
Nigerian auto tariffs have ripple effects for the worse in Prince George’s County, Md. [Tyler Cowen]
Virginia AG Ken Cuccinelli’s dubious case against climatologist [Barton Hinkle, Richmond Times-Dispatch]
Employers and jobs moving from California to… Michigan? [Perry]
“Huffington Post Law Suit: Should You Work For Free?” [Suzanne Lucas, BNET, earlier here, here, etc.]
With apparent aim of protecting music rights holders, lawmakers heap burdens on sellers of used CDs [four years ago on Overlawyered]

Tags: California, Maryland, Virginia, wage and hour suits

May 9 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Cause for furrowed brows?

Walter Olson — Tue, 03 May 2011 11:44:15 +0000

The maker of Botox is hit with a $212 million jury award [Richmond Times-Dispatch]

Tags: pharmaceuticals, punitive damages, Virginia

Cause for furrowed brows? is a post from Overlawyered - Chronicling the high cost of our legal system

“No-show Norfolk employee says she was wrongly fired”

Walter Olson — Wed, 09 Mar 2011 05:15:35 +0000

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]

Tags: public employment, Virginia

“No-show Norfolk employee says she was wrongly fired” is a post from Overlawyered - Chronicling the high cost of our legal system

Criminal charges for spitballs in school

Walter Olson — Sat, 05 Feb 2011 21:29:57 +0000

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]

Tags: bullying, guns, schools, Virginia, zero tolerance

Criminal charges for spitballs in school is a post from Overlawyered - Chronicling the high cost of our legal system

“High-priced lawyer sues former client, then agrees to pay him $102,000″

Walter Olson — Mon, 11 Oct 2010 12:42:49 +0000

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]

Tags: attorneys' fees, divorce, Virginia, Washington D.C.

“High-priced lawyer sues former client, then agrees to pay him $102,000″ is a post from Overlawyered - Chronicling the high cost of our legal system

“Felony charges dropped in fire-breathing bartenders case”

Walter Olson — Wed, 25 Aug 2010 14:13:32 +0000

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.

Tags: crime and punishment, restaurants, safety, Virginia

“Felony charges dropped in fire-breathing bartenders case” is a post from Overlawyered - Chronicling the high cost of our legal system

“HOV lanes are racist” case

Walter Olson — Thu, 15 Jul 2010 05:23:00 +0000

Arlington, Virginia taxpayers have managed to pay a law firm $744,000 to pursue it [Sun-Gazette via Ted at PoL]

Tags: discrimination law, roads and streets, taxpayers, Virginia, Washington D.C.

“HOV lanes are racist” case is a post from Overlawyered - Chronicling the high cost of our legal system