Archive for 2009

Fractious in Framingham

A long-running controversy pits some elected officials and townspeople of Framingham, Mass., west of Boston, against a social service agency that has proposed the town as a site for halfway houses and other residential facilities for recovering addicts, the homeless and others. Two years ago things turned particularly unpleasant:

…[South Middlesex Opportunity Council] filed suit in federal court this week demanding damages not just from town officials, but from citizens who have dared criticize the agency and challenge its plans.

SMOC’s 99-page complaint [which alleged violations of the Fair Housing Act, federal Rehabilitation Act, Americans With Disabilities Act and Civil Rights Act — ed.] piles up charges against selectmen and planning board members not just in their official capacity, but as individuals. It targets town employees, both named and unnamed. It calls for damages against four Framingham Town Meeting members and two citizens for comments made on a private Web site and e-mails distributed on a privately-operated mailing list.

The ACLU of Massachusetts expressed unease at the naming of private citizens as defendants over their advocacy efforts. While the lawsuit has been narrowed somewhat in the two years since then, it continues to engender much acrimony as it drags on:

Aggravating the ill will is a recent revelation that a man charged with shooting a local police officer had lived in a home run by the agency, the South Middlesex Opportunity Council, or SMOC.

Mattel fined millions for lead in toys–under pre-CPSIA law

In 2007, Mattel discovered excessive levels of lead in some of its imported Fisher Price toys. It immediately recalled millions of toys and self-reported the violation. Nevertheless, it has been hit with class action lawsuits. And if you ever had any doubt that the CPSIA was an overreaction and unnecessary to protect consumer safety, Mattel last week paid $2.3 million in fines for the violation of pre-CPSIA law. [CNNMoney via ABAJournal]

National Journal bloggers’ poll on Sotomayor

A majority of right-leaning bloggers (as well as virtually all the left-leaning) agree with me in predicting (at least on current evidence) that the Sonia Sotomayor nomination will prove more politically helpful to the Democrats than to the Republicans. The poll, also picked up in National Journal’s Ninth Justice column, quotes me as saying, “Her actual rulings don’t bear out the ‘scary radical’ meme. That Senate Dems were equally unfair to Miguel Estrada will, along with $3.26, buy you a latte at Starbucks.”

Relatedly, I can’t vouch for the methodology, which is not one that would have occurred to me, but this analysis by Corey Yung of five federal appellate circuits, based on an attempt to quantify what is meant by “activist” behavior in judges, tends to back up my sense that among judges with a liberal reputation, Obama could have found many who have shown a more adventurous disregard for precedent, less deference to other constitutional actors, etc. More: Marcia Coyle, National Law Journal.

June 7 roundup

  • Pennsylvania Department of Labor launches probe on whether reality-TV show “Jon & Kate Plus 8” violates child labor laws [Pennsylvania Labor & Employment Blog, Hirsch/Workplace Law Prof via Ohio Employer’s Law]
  • Dispute over termination of Navy aircraft contract called “Jarndyce v. Jarndyce of U.S. legal system” [WSJ Law Blog]
  • Medical tourism, cont’d: “It appears that ‘we’re easier to sue’ is the uniquely American defense to medicine outsourcing.” [KevinMD]
  • New Oklahoma law protects farmers from neighbors’ suits complaining of nuisance from farm activity [Enid, Okla., News]
  • For unusually bad advice on how to save GM and Detroit, Michael Moore as usual comes through [Popehat]
  • Lawyer reprimanded for telling party she should be cut up, shipped overseas [NJLJ, ABA Journal]
  • Call for reform of UK laws banning press interviews of jurors after verdict [Times Online first, second articles and commentary]
  • Coming soon: campaign against depiction of smoking in Raymond Chandler books, Edward Hopper paintings [CEI “Open Market”]

Mystery pink-diamond disappearance, cont’d

On Point News has an update on the defense’s motion for a new trial in the unusual federal case (with spy-thriller overtones) we covered in January. “The defense has already gotten some post-trial relief. In a May 13 order, U.S. District Judge Thomas M. Rose threw out the $2.3 million award on the criminal theft claim, leaving intact the $1.7 million for conversion and $8,400 for unjust enrichment.”