Evil HR Lady has more thoughts on the United Airlines incident, along with some kind words for this website.
“To say that I’ve never tried a case is false, and that’s what I object to”
Attorney Corey Trotz of Nahon, Saharovich and Trotz, known for his West Tennessee TV advertising, thinks he’s being criticized unfairly. [Hank Dudding, “Lawyers feud over trial experience”, Memphis Commercial Appeal, Apr. 21; Tom Freeland].
CPSIA chronicles, April 21
- Did you know that you can use the advanced search function at the SEC’s EDGAR database to track some of the losses in the business world from the Consumer Product Safety Improvement Act? (h/t Sunny Day Notes). Thus the Dollar General chain reveals in a 10-k filing that it took a charge of $8.6 million due to the sudden loss of value of merchandise early this year when a court reinstated CPSIA’s retroactive ban on phthalates in children’s playthings. Mark Riffey also suggests Google searches combining 10-K with CPSIA. (More on the countable costs).
- “A Quick Guide To What’s Wrong with the CPSIA” by leading reform activist Rick Woldenberg is more a jumping-off point for discussion than a finished bill of particulars — it doesn’t bring up the needless burdens of the law’s testing regime, for example. And it argues for more reasonable implementation without really taking issue on principle with the wisdom of the law. But it does have the advantage of being couched in the sort of Washington language a legislative staffer might be willing to take to colleagues.
- Speaking of quick guides, Carol Baicker-McKee has done up a two-page fact sheet on the need to fix CPSIA before it does more harm on the vintage-books front. Valerie Jacobsen polled both sellers and buyers in the homeschool market for used children’s literature and found that nearly all the buyers, and for the time being most of the sellers, were ignoring the CPSC guidelines that discourage most resale of pre-1985 volumes. Deputy Headmistress had a great post last month summing up reactions on the vintage-books front from David Niall Wilson, Amy Ridenour, Zodi @ Tim & Zodi, and less admirably, Consumer Reports/Consumers Union (which seems to be perfectly fine with the law’s effects). And did you know there’s a displayable sidebar widget of “CPSIA Endangered Books” based on the Flickr group with that theme?
- I am sorry to say I believe the story Jacobsen told at her site last month:
I just had an interesting conversation with Jared at the Senate Commerce Committee at 202-224-5115. Jared told me that the Commerce Committee had been unaware that pre-1985 children’s books (he knew about that restriction already) would still have commercial importance and ongoing value for children’s use. … Jared asked a lot of questions and twice expressed that it was new information “to the Committee” that these books still have any market importance.
The comments section to that post is a particularly good one for those interested in the fate of vintage children’s books or in the attitudes widely held on Capitol Hill; see also Deputy Headmistress.
- Not a good sign: the Obama/Biden campaign took a simplistic “ban ’em all” view on CPSIA issues in its document “Barack Obama: A Champion for Children” (PDF) And (h/t Mark Riffey) it was two and a half years ago that Rep. Henry Waxman and then-Sen. Obama reached for headlines by blasting the U.S. Capitol gift shops over its sale of trinkets and souvenirs containing lead — no need for careful distinctions about which such items if any might present actual, material hazards and which do not. (Dec. 11, 2006 announcement).
- Rain boots, buttons, Dr. Seuss: What passed and what didn’t when the owner of a Chicago-area resale store did x-ray fluorescence (XRF) testing to detect lead levels in many vintage kids’ products [From My Room]
- Pete Warden’s neat Mailana venture (among other functions) will analyze a group of Twitter connections to detect patterns. It indicates that of the 1,300+ persons now following @walterolson on that service, the two most distinctly identifiable social clusters are toymakers and lawyers. I feel torn sometimes between the North Pole and a hot place.
Public domain image courtesy ChildrensLibrary.org: Walter Crane, illustrator, The Baby’s Aesop (1887)
Advice: don’t accept friend requests from debt collectors
At least unless they really are your friends.
Discussing a Florida company on your blog
Is that enough, without more, to subject you to the jurisdiction of a Florida federal court in a resulting defamation lawsuit? [Ron Coleman, Likelihood of Confusion; Citizen Media Law]
Do not put any person in this washer
Fox News contributes original reporting on some of the familiar Wacky Warning Labels made famous by Bob Dorigo Jones of Michigan Lawsuit Abuse Watch in an annual contest and book. It helps track down information, for example, regarding the origin of the warnings not to use a hair dryer while sleeping, not to heat up a cellphone in the microwave oven, not to use a curling iron in the shower, and not to swallow a fishing hook (the latter seems to have more to do with the potential toxicity of the lead in the hook than the hook aspect itself). The warning against the temptation to obtain the light necessary to check a fuel tank by flicking on a cigarette lighter recalls the Burma-Shave jingle of decades ago:
He lit a match/
To check gas tank/
That’s why/
They call him/
Skinless Frank.
Also noted in the article: a warning against using “birthday candles as earplugs ‘or for any other function that involves insertion into a body cavity'”.
“Website ordered to pay $125,000 over ‘haunted’ mill claim”
Melissa Duer and her husband own a property that includes the state of Ohio’s only surviving grist mill, built by her ancestor, Eli or Elias Staley. Stories that the property is haunted have circulated for many years and were relayed in the book “Weird Ohio” and on the (apparently unrelated) website Forgotten Ohio. The Duers sued the authors of book and site on the grounds that by giving publicity to the stories they had helped attract many curiosity seekers to the site, forcing the couple “to spend thousands of dollars on security measures at the mill including $35,000 for an estate dog, Duer testified at a March hearing”. A judge ruled for the book defendants, “saying those responsible for [“Weird Ohio”] did not place the Duers in a false light, had no intent of emotional distress and had not trespassed or caused anyone else to trespass on the property.” However, Columbus resident Andrew Hamilton did not respond in defense of his website Forgotten Ohio (where it looks as if the disputed passage may still be standing, in the “Clark County” section, though other accounts place the property in Miami County) and the judge awarded a default judgment against him of $125,000. The Duers’ lawyer, Jeremy Tomb of Troy, says the couple intends to appeal the judge’s ruling in favor of the book, which has dropped the Staley story from its second printing.
The damages claimed included: $1,921 for an invisible fence; $1,710 for private security; $27,606 for diminished value to the property from rumors it is haunted; $57,217 in legal fees; $6,340 in litigation expenses; and $35,000 for the dog.
Duer testified extra money was spent on the dog specially trained to be under command.
“We didn’t want just any pet or regular dog that could possibly bite people,” she said in court.
Pictures said to be of the Staley Mill appear at MillPictures.com. [Nancy Bowman, Dayton Daily News]
“The things lawyers do to get disbarred”
Robert Ambrogi at Legal Blog Watch (channeling Legal Profession Blog) recounts instances of bank robbery and drunken drag racing.
CPSIA won’t let us build a legal bicycle
But we shouldn’t let the bike dealers get panicked or anything. Earlier here and here.
Update: “Would-Be Hooters Guy Settles Discrimination Suit”
In a confidential settlement after a mediation, Nikolai Grushevski has resolved his complaint that he was turned down for a waiter job at a Corpus Christi location of the “breastaurant” chain because he is not a she. [On Point News, earlier]