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Archive for 2010
CPSIA and the needle arts
Overlooked from a couple of months back:
The National NeedleArts Association (TNNA) recently sent a letter to members about how the U.S. Consumer Protection Safety Improvement Act (CPSIA) of October 2009 directly affects how the needlework and crafts industries sell their goods, particularly to children.
“We cannot suddenly say that our products are ‘not for use by children 12 and under’ and still try to teach children to knit, crochet, needlepoint and cross stitch,” states the letter, which was sent by TNNA’s five-member CPSIA committee. “We can’t say children 12 and under are only allowed to use certain tools but not others and still expect them to take needlearts seriously. We must involve ourselves and our businesses in the effort to amend this poorly written, misguided legislation and keep it from destroying our businesses.”
The CPSC has promulgated exemptions for simple textiles and some other materials, which has certainly been better than nothing, but many other innocuous tools and materials used in needle crafting must be either kept off limits to younger crafters or put through onerous testing regimens. [Positive Yarn]
K&L Gates blasted for high fees, “unnecessary lawyering”
Massachusetts’s highest court thought it a bit much that fees and costs would eat up $800,000 from an estate valued at $1.2 million, or two-thirds of the value at stake. [Robert Ambrogi, Legal Blog Watch; Above the Law]
Incidentally, Robert Ambrogi is hanging up his keyboard after an impressive four-year tenure at Law.com’s Legal Blog Watch, but he’ll continue to maintain his other sites. He has kind words for this site as one to “follow religiously”, too.
“Loto-Quebec reaches out-of-court settlement with thousands of addicted gamblers”
A boost from Canada for compulsive-gambling litigation: “Quebec’s lottery commission confirmed Thursday that it has reached a tentative multimillion-dollar agreement to compensate thousands of addicted gamblers, in a case with national implications. … Similar lawsuits are underway in Ontario, Nova Scotia and Newfoundland-Labrador.” [Canadian Press, CBC, CTV, earlier here and here]
Fictional injunctive relief
A thought on Apple’s iPad
If, as Tyler Cowen suggests, the key market objective of the iPad is to obtain significant university adoption as a replacement for the paper textbook, one wonders how Apple’s lawyers are planning to handle the inevitable litigation from disabled-rights advocates.
“Microsoft Sued Over Xbox Live Points”
“One major problem with Xbox Live Arcade, Microsoft’s downloadable game service, is that you must deal in ‘Microsoft Points,’ and they come in increments that usually cost more than the price of a game alone. A lawyer has now filed a class-action lawsuit against Microsoft for this practice.” [PC World] Update: not quite as reported?
“Lawyers behind lame Digitek claims face punishment”
“U.S. District Judge Joseph Goodwin plans to punish lawyers who filed worthless claims against Mylan Pharmaceuticals and Actavis Totowa.” Defense lawyers spent more than $100,000 establishing that some plaintiffs who claimed injury from the heart medication had other causes of death listed on their death certificate, and at least one lawyer admitted that his client had never used the drug. [Korris, WV Record; cross-posted from Point of Law; typo now fixed]
State of the Union: Lip-reading Justice Alito
In his State of the Union message, President Obama claimed the Supreme Court’s recent decision in Citizens United would “open the floodgates” for foreign companies to “spend without limit in our elections.” Justice Samuel Alito could be seen mouthing words and in particular, per Gerard Magliocca, the phrase “That’s not true”. For why he might have reacted that way, see Politifact “Truth-o-Meter”.
More from Randy Barnett at Politico:
In the history of the State of the Union has any President ever called out the Supreme Court by name, and egged on the Congress to jeer a Supreme Court decision, while the Justices were seated politely before him surrounded by hundreds Congressmen? To call upon the Congress to countermand (somehow) by statute a constitutional decision, indeed a decision applying the First Amendment? What can this possibly accomplish besides alienating Justice Kennedy who wrote the opinion being attacked. Contrary to what we heard during the last administration, the Court may certainly be the object of presidential criticism without posing any threat to its independence. But this was a truly shocking lack of decorum and disrespect towards the Supreme Court for which an apology is in order. A new tone indeed.
The President also made an erroneous reference to “reversing a century of law”, which Linda Greenhouse corrects at the New York Times “Opinionator” blog.
And: Tony Mauro/NLJ, Ann Althouse. Althouse also notes that there’s a lesson for Citizen United critics in the ways Alito’s few seconds of silent protest upstaged the President: “It’s not how much or how loud you speak that counts, is it?” And Howard Wasserman at Prawfsblawg rounds up reactions on both sides from the perspective of a “somewhat-rare Democrat and Obama supporter who believes Citizens United was correctly decided.” And did the speech as delivered tone down rhetoric about Citizens United that had been distributed in printed versions?
January 27 roundup
- U.K.: Recruitment firm told ad for “reliable workers” would discriminate against the unreliable [Telegraph]
- “Against Civil Gideon (and for Pro Se Court Reform)” [Benjamin Barton (Tennessee), SSRN, via Legal Ethics Forum]
- Sewn-in “Made in USA” suit-label figures in tell-all book by John Edwards aide [WSJ “Washington Wire”, Hotline On Call] Did Edwards, great denouncer of M.D.s’ errors, propose getting a doc to fake DNA results? [Charles Hurt/N.Y. Post]
- Lucky cops! There just happened to be $672K in the car they stopped and they plan to keep it [Freeland] “The Forfeiture Racket: Police and prosecutors won’t give up their license to steal” [Radley Balko, Reason]
- Family and Medical Leave Act doesn’t cover faith-healing trips that include a vacation aspect [Michael Maslanka, Texas Lawyer]
- “Dangerism” — how society constructs what’s supposedly dangerous for kids [Free-Range Kids]
- This is one of those links buried deep in a roundup that hardly any readers will actually get around to clicking [Chris Clarke]
- Update: Landlord’s suit over critical Twitter post dismissed [Cit Media Law, AP/Chicago Tribune, Business Insider (court sides with defense argument that so much of it’s just “pointless babble”); earlier here and here]
- And: Did the press jump the gun with its report that it’s now lawful to import haggis into the U.S.? A letter to Andrew Sullivan says nothing has been decided yet, though the ban seems to be under review.