Readers of this site may have known already, but the Kansas City Star spells it out for its readers: “the notoriously broad and confusing federal Consumer Product Safety Improvement Act applies to you and your front yard.” As the CPSC’s 27-page booklet for resellers (PDF) warns, “Ignorance of the law is no excuse.” Which is especially problematic since even if you do study up on it, as Adele Meyer, executive director of the National Association of Resale and Thrift Shops, reminds us, “the way it was written, it’s almost impossible to abide by this law.”
Archive for May, 2009
“Expert Skier Assumed Risk of Injury, N.Y. Court Finds in Barring Suit”
Say not that the assumption-of-risk doctrine is defunct: “As a self-described expert skier with 13 years’ experience, Brian W. Martin, 17, was well aware of the risks associated with rail sliding and had acknowledged falling before while attempting to execute a rail maneuver, an Appellate Division, 3rd Department, panel ruled last week in Martin v. State of New York, 505999.” [NYLJ]
Blogging without burning out
Could “excitability” be a plus? [Patrick @ Popehat, and see comments]
It happened in Green Bay
“Brother sues brother over Packers tickets” [Green Bay, Wisc. Press-Gazette via Obscure Store]
Welcome New York Times readers
I’m quoted today in the Times (and this site is linked — way to go Times!) in John Schwartz’s piece on Sonia Sotomayor’s opinions in civil litigation, where she comes across as generally on the liberal side, but not an anti-business crusader (see also Adam Liptak’s Times account). Here’s what I said:
Some of the attacks against the judge’s business rulings turn a complex legal record into a caricature, said Walter K. Olson, a senior fellow at the Manhattan Institute, a conservative organization, and the editor of a blog, Overlawyered.com. While expressing some qualms about Judge Sotomayor’s views, Mr. Olson said “she will not be as liberal as many of the Republicans are saying — but no one could be that liberal, even if they tried.”
For more of the reasons that enter into this opinion, see my roundup yesterday at the Manhattan Institute’s Point of Law, where I and others have been blogging on many angles of the Sotomayor nomination, with more to come.
When sending demand letters…
…it’s nearly always a good idea to let the target know who your client is.
“The poor man’s divorce investigator”
“A spouse can legally conceal the GPS in the glove compartment or seat pocket, and depending upon the model of the GPS, track his or her partner’s whereabouts in real time.” [Legal Blog Watch; Chicago Sun-Times]
At Forbes.com: Sonia Sotomayor nomination
[Bumped May 27 to reflect added material] I’ve written a piece for Forbes.com on President Obama’s nomination of the Second Circuit judge to the Supreme Court. In addition, expect coverage of the nomination from multiple voices over the next week at Point of Law; Marie Gryphon has already started off with a post on Sotomayor’s controversial ruling on a Second Amendment issue (Heller incorporation, for those who follow that area). More: SCOTUSBlog has a four-part series on Sotomayor’s rulings in civil litigation: first, second, third, fourth. Michael Fox catalogues her rulings in labor and employment cases, to which Daniel Schwartz adds analysis. And thanks to Instapundit, Eugene Volokh, Carter Wood/ShopFloor, Joe Weisenthal, Carolyn Elefant/Legal Blog Watch, Henry Stern/Yonkers Tribune, and Jonathan Adler at both Volokh.com and NRO “Corner” for the links.
“Rocks are too dangerous for kids to touch”
CPSIA makes itself felt in the science education market.
Wrongs without remedies dept.
The New Jersey Supreme Court denies recourse to victims of meritless lawsuits.