They’re piling on now [Lammi, WLF] Earlier here, here.
Archive for 2010
Charge: NHTSA sitting on pro-Toyota investigation results
A new report in the WSJ quotes a retiring NHTSA official as saying higher-ups are refusing to release the results of the agency’s staff investigation into charges of Toyota sudden acceleration, because those findings are not unfavorable enough toward the automaker. I’ve got more detail in a new post at Cato at Liberty, and Ted covers the story at PoL.
Meanwhile, proponents of a sweeping expansion of federal auto safety law, one that would thrust Washington much more deeply into the operations of the automotive industry, are really in a hurry — a quick, urgent, must-do-now hurry — to pass it, even though many of its provisions have not had much airing in public debate. An editorial today in the New York Times — a newspaper that almost comically underplayed the revelations earlier this month about the NHTSA probe’s pro-Toyota results — flatly asserts that the Japanese automaker’s vehicles suffer “persistent problems of uncontrolled acceleration,” and demands that the sweeping new legislation “be passed into law without delay.” It’s almost as if they are afraid of what might happen if lawmakers pause to take a closer look.
Among the many other things the new legislation would do is greatly enhance the legal leverage of automaker or dealership employees who adopt the mantle of “whistleblowers”. But if the new revelations from a responsible career employee of NHTSA are ignored, we will have another confirmation that some types of whistleblowing are more welcome in America’s governing class than others. (& welcome Coyote, Gabriel Malor, Death by 1000 Papercuts, Mark Hemingway/D.C. Examiner (“the indispensable Overlawyered blog”), Allen McDuffee/Think Tanked readers).
Shirley Sherrod and a Pigford puzzle
“If there are only 39,697 African-American farmers grand total in the entire country, then how can over 86,000 of them claim discrimination at the hands of the USDA? Where did the other 46,303 come from?” [Zombie, Pajamas Media; earlier here and here] More: Dave Zincavage has been checking Wikipedia (“virtually automatic” $50,000 payouts); and lawyers for Native American farmers and ranchers want in too.
“Burglar sues men who captured him, claims rough citizens arrest”
Michael Dupree, now serving a prison sentence for burglary and other charges, has filed a pro se suit against three men over what he says was excessive force in apprehending him. One of the three being sued is Anthony McKoy, whose bicycle Dupree stole after breaking into his car. [St. Petersburg Times, AP]
A national discussion about race “around water coolers”?
Great way to get the employer sued, Mr. President [Volokh, with much interesting discussion in the comments section about the workings of “hostile-environment” law]
Ross Douthat, “Did The Americans With Disabilities Act Work?”
Continuing the discussion from my Cato piece earlier this week [New York Times, citing Jonathan Cohn/New Republic; Foster’s Daily Democrat (New Hampshire), Mark Perry]. Other links and reactions on the more recent Chipotle decision: Ann Coulter (right links column), George Leef/John Locke, Above the Law, Zincavage, Perry, Fisher/Atlantic Wire. Pat Cleary points out that the top source of ADA charges before the EEOC remains back injuries, followed by pain, stiffness or loss of movement in bones or joints, and depression. And at Richard Epstein’s piece at Ricochet, commenter Duane Oyen tells the story of ADA’s arguably perverse effects on a shuttle bus service in Minneapolis-St. Paul.
DISCLOSE Act: “Nobody Is Saying You Can’t Run the Ads”
Except when they are [Sullum, Reason] Why the DISCLOSE Act failed [Samples, Cato, earlier here, here]
“Ex-Client Wins $7.3M Emotional Distress Award Against Law Firm”
If law firms were asked to pay for all the emotional distress they inflict, there might never be an end to it. [ABA Journal]
Tennessee Titans sue USC football coach
Sues over indoor soccer “slide tackle”
Michigan: “A Clinton Township attorney injured in a soccer match by an alleged ‘slide tackle’ in violation of recreational game rules says a court decision erroneously gives weekend jocks carte blanche to play too rough.” [Macomb Daily, court of appeals decision in Hlywa v. Liberty Park and Pond (PDF)]