An agreeably circular road to ADA coverage, via a case from federal court in South Dakota: my new post at Cato.
Archive for 2013
“Owner ticketed for walking wheelchair-bound cat without leash”
“Basically, we have someone that just is not getting the fact that you have to be in control of your animal when it’s off your property,” said Capt. Bob Brown of Brevard County, Florida, Animal Services, speaking of the $230 in fines Yvonne Steel was slapped with for having an off-leash cat along with a couple of other animal offenses. “Animal services said there are no exceptions to the leash law, even for disabled animals,” and noted that one rationale for the law is that an unleashed pet might be attacked by other animals, although what help a leash would have contributed for this particular pet is not clear. [WESH] Correction/update: not so unreasonable, as commenter Nevins points out: the cat is mobile when in the wheeled device and not reliant on its mistress as I had wrongly assumed.
Bloomberg Business Week: “The End of the Class-Action Carnival”
Reporter Paul M. Barrett:
Growing judicial skepticism toward such suits and toward the lucrative settlements they generate has caused plaintiffs’ attorneys to shy away from accepting lengthy, complicated cases. That’s tilting the legal playing field decisively in favor of Big Business—and as the Supreme Court reconvened on Oct. 7 for its 2013-14 term, trial lawyers are bracing for more setbacks.
Not everyone is shedding tears. Walter Olson, a legal expert at the libertarian Cato Institute in Washington, attributes the decline of mass lawsuits to a predictable—and welcome—backlash against “a wild carnival” of frivolous damage claims and outrageous conduct by plaintiffs’ lawyers.
Ted Frank has some further reactions.
Environmental roundup
- California: “Governor [Brown] signs Prop. 65 toxic chemical warning reform” [Sacramento Business Journal] What finally passed was a minuscule tweak mostly aimed at the law’s application to food and alcohol [Bruce Nye, Cal Biz Lit] Court helps in baby food case [JD Supra]
- “Taxpayer-Funded Journal Walks Back BPA Cancer Claim After Statistical Meltdown” [Trevor Butterworth]
- Recalling when the federal government (along with the Ford and Rockefeller Foundations] funded an attack on the Fifth Amendment’s Takings Clause [Gideon Kanner, more]
- CEQA reform [Calif. enviro review] in baby steps at most for now [SF Chronicle, Mercury News, L.A. StreetsBlog, Daily News, PublicCEO, Planetizen]
- Under decisions by the CPSC interpreting CPSIA, you’re probably not going to be able to make your product for kids out of recycled materials [Nancy Nord]
- “EPA Fares Well in D.C. Circuit” [Adler]
- Mandatory labeling of genetically modified foods are a bad idea [not just me saying that, but Scientific American editors; earlier]
“USPS To Destroy ‘Just Move’ Stamps Over Safety Concerns”
You might think this was a parody, but apparently not. The federal government has ordered the destruction of a series of fifteen postage stamps intended to get kids to be more active after sports safety advocates said three of the stamps raised safety concerns, including illustrations depicting kids “skateboarding without kneepads, and doing a headstand without a helmet.” [Postal News]
My own view is that if you’re learning proper skateboarding technique off a postage stamp, you’re doing it wrong. (& Scott Shackford, Reason)
Reactions via Twitter: “One can understand the recall after the disastrous spate of upside-down plane crashes in 1918.” [@tedfrank] “I wonder how they missed the one with explosives on it” [@Bert_Huggins] “USPS thinks kids know what stamps are.” [@UlyssesHL]
“This seems to be designed for tabloid consumption”
Should prosecutors hype their charges for publicity value? U.S. District Court Judge Richard Sullivan (S.D.N.Y.) is scathing about a sensationally worded press release put out by the office of Manhattan U.S. Attorney Preet Bharara on bringing corruption charges against two Gotham politicos. The alternative presumably would be to save the colorful language in the name of the public until actually securing a conviction. And by contrast, Mike Koehler quotes comments by Judge Richard Leon on dismissing Africa Sting FCPA cases:
This appears to be the end of a long and sad chapter in the annals of white collar criminal enforcement. Unlike takedown day in Las Vegas, however, there will be no front page story in the New York Times or the Post for that matter tomorrow reflecting the government’s decision today to move to dismiss the charges against the remaining defendants in this case. Funny isn’t it what sells newspapers.
[FCPA Professor] More from Scott Greenfield:
According to the Law360 article, “fellow panel member and deputy U.S. Attorney for the Southern District of New York Richard B. Zabel defended the practice, saying under U.S. Department of Justice guidance, part of the reason to have a press conference or release is to explain to the public what is going on. ‘The purpose of a quote is to be quoted and draw attention to the case,’ Zabel said. “Laypeople can’t read a complaint.”
Is that not a great explanation or what?
Hockey player’s family sues school for keeping him at J.V.
Webster, N.Y.: “The family of a former Webster Thomas hockey player has sued the school district and hockey coach for keeping him at the junior varsity level for four years ‘in spite of his advanced skills.'” [Justin Murphy, Rochester Democrat & Chronicle]
Labor and employment roundup
- Defend yourself in the press against an employee’s litigation publicity, and you’ve “retaliated”? If you say so, Your Honor [Jon Hyman]
- Hijab-wearing applicant never informed Abercrombie she needed religious accommodation of Look Policy; 10th Circuit reverses EEOC win [Wolters Kluwer, EEOC v. Abercrombie & Fitch]
- What, no more drop-ins from other states? “Gov. Jerry Brown signs athlete workers’ comp bill” [L.A. Times, background]
- ProPublica on supposed decline and fall of employment class actions after Wal-Mart v. Dukes [Ted Frank, my take]
- How many online readers need to follow OFCCP press releases on federal-contractor law but have so little fluency in English that they require a version in Hmong, Lao, Tagalog, or Urdu? [Department of Labor]
- What happened to the carpal tunnel epidemic? The condition itself didn’t go away [Freakonomics via Ira Stoll]
- Gail Heriot on affirmative action at Cato Constitution Day [video]
BuckyBalls founder strikes back
With a new “United We Ball” campaign against the Consumer Product Safety Commission (CPSC) and its Draconian enforcement action. Background here and here (& Scott Shackford, Reason).
Long Island middle school cracks down on recess
“Officials at Weber Middle School in Port Washington are worried that students are getting hurt during recess. Thus, they have instituted a ban on footballs, baseballs, lacrosse balls, or anything that might hurt someone on school grounds. … some parents said it is really about liability and lawsuits.” [CBS New York] More: Lowering the Bar.