“A Long Island woman says in a lawsuit that her 29-year-old son died in a drunken driving crash because police decided not to arrest him on DWI charges earlier that night…. Restaurant chain Ruby Tuesday’s is also named in the lawsuit, because [the late Peter] Fedden was drinking there before the two crashes, according to [Fedden family lawyer Harry] Thomasson.” [NBC New York, auto-plays]
Update: Social Security still trying to collect decades-old parental debts
“The Social Security Administration, which announced in April that it would stop trying to collect debts from the children of people who were allegedly overpaid benefits decades ago, has continued to demand such payments and now defends that practice in court documents.” Robert Vogel, an attorney for clients whose refunds were seized, charges: “Their intention was to get the press off their backs and then go back to collecting their money. It’s just shocking that they believe that when someone turns 18, they automatically assume a crushing debt that was incurred by someone else.” [Marc Fisher, Washington Post; earlier here and here]
Sen. Sanders and energy prices
A question for Sen. Bernie Sanders (I-Vt.): “Is it your position that market forces are the primary reason that oil and gas prices fall, but speculation and energy market manipulation are the primary reasons that oil and gas prices rise?” [Mark Perry, AEI] But see: Arnold Kling (capitulation by upside speculators could cause price collapses).
“Large corporations are crushing smaller ones …”
“… because of the economy of scale they have in managing such compliance issues.” [Coyote, in a letter to the dean of the Harvard Business School taking off on the Edelman case]
Best of Overlawyered — February 2014
- The one piece on bar fight litigation to read if you’re going to read only one;
- “Family sues Bronx Zoo after child swallows souvenir penny;”
- U.K.: “Policeman who smashed up pensioner’s car receives £400,000 compensation”
- “New car smell” blamed for fatal accident;
- U.S. Department of Justice: bar examiners improperly discriminate among applicants on grounds of sanity;
- “Just make it up”: undercover investigation exposes fraud in the asylum-request branch of immigration law;
- Fire department, Mennonites among recipients of quilt pattern cease-desists.
Brian Aitken at Cato
In several 2010 posts we covered the story of Brian Aitken, who was imprisoned by the state of New Jersey simply for carrying unloaded guns and ammo in his trunk (really, that was the extent of the crime). Last week Cato hosted Aitken to talk on his new book The Blue Tent Sky: How the Left’s War on Guns Cost Me My Son and My Freedom. Tim Lynch of Cato moderated, and I gave comments. Event description:
In 2009 Brian Aitken, a media consultant and web entrepreneur, ran afoul of New Jersey’s draconian gun laws when he was arrested while transporting two handguns unloaded and locked in the trunk of his car. Despite the fact that Aitken owned the guns legally and had called the New Jersey State Police for advice on how to legally transport his firearms, he found himself sentenced to seven years in prison.
In 2010 New Jersey governor Chris Christie commuted Aitken’s sentence. But Aitken’s experience, like that of other law-abiding gun owners who’ve faced long prison sentences for honest mistakes, raises troubling questions about gun-law overreach, prosecutorial discretion, and judicial abdication.
I recommended the book as a riveting and outrageous read, yet leavened with hope because of the story of the strong public movement that formed to protest the injustice of his incarceration. In my comments, I mentioned the feds’ heavily armed raid on an Indiana antiquities collector. More on that story here.
“The cost of plaintiff Cal Fire’s conduct is too much for the administration of justice to bear”
Kathleen Parker [Washington Post/syndicated] on the Sierra Pacific/Moonlight Fire case, in which judicial findings of misconduct by the state of California have now mushroomed into allegations that the U.S. Department of Justice was party to a fraud on the court. Sidney Powell, author of “A License To Lie,” has been calling attention to the case for a while.
December 18 roundup
- Michael Greve reviews new James Buckley book offering critique of fake (“cooperative”) federalism under aid-to-state programs [Liberty and Law; Chris Edwards/Cato on Buckley book, more]
- Cuban expatriates will now have access to US banking services. Next step: call off Operation Choke Point so domestic businesses can have it too. [earlier coverage of Choke Point including its effects on, yes, cigar shops; details on new relaxation of Cuba sanctions, and related effects of banking sanctions]
- Sac and Fox tribe appeals ruling in favor of town of Jim Thorpe, Pa. on demands for disinterment and return of remains of athlete Jim Thorpe [Allentown Morning Call, my recent writing on the case here and here]
- NFL owners “rarely settle any dispute… Each owner pays only 1/32nd of the legal bill, and the owners love to fight” [ESPN]
- Adios Google News: Spanish press “not even waiting for the blood to dry on the hatchet before bemoaning the loss of their golden eggs” [Julian Sanchez, Cato]
- Union official knew New York Attorney General Eric Schneiderman was going to sue pizza operator before the operator did. Hmmm [Kevin Mooney, Daily Signal]
- Nevada goes to ridiculous lengths unsuccessfully trying to regulate airport taxis, but at least they’ll try to keep you from using ride-sharing, so that’s something [Blake Ross, Medium; Reuters]
Jim Hood, a go-to guy for Hollywood?
Who’d have guessed that movie studios would entrust populist Mississippi Attorney General and longtime Overlawyered favorite Jim Hood with a key role in pushing their rights as copyright owners against online services and search engines? Not I [Eli Lehrer, Weekly Standard] More from Mike Masnick at TechDirt: “it appears the MPAA and the major Hollywood studios directly funded various state Attorneys General in their efforts to attack and shame Google.” Related: The Verge.
Sequel: Google goes to court to block a sweeping subpoena from Hood [ArsTechnica, HuffPost (Hood: “salacious Hollywood tale”)] “One of Hood’s letters critical of Google, published earlier this week by The New York Times, was ‘largely written by lawyers for the movie industry,’ the company points out.” More: Hood vs. Google, from our archives.
Best of Overlawyered — January 2014
A few highlights from January:
- Who killed traditional Edison light bulbs? “Government did it, at the request of big business.”
- Never saw that one coming: “Psychic Love Spell Center stole my money, lawyer alleges in lawsuit”
- Border agents vs. musical instruments;
- Britain considers criminalizing “emotional blackmail“;
- One of the U.S. Supreme Court’s most celebrated and important tort reform decisions came 50 years ago, you might not guess it at first;
- Mass patent asserter sent 16,000 demand letters to businesses, got 17 of them to pay;
- Maker of Candy Crush Saga asserts trademark rights against various makers of games using the word “Saga”;
- Lawyer defending police in Australia says court cannot rule out the possibility that man Tasered by officer may have been screaming in “joy”;
- Lawyer’s BMW jumps curb and pins 6-year-old twins against wall, his court filing says they “placed themselves in a position of danger“
- “Taxpayer Scores $862,000 from IRS after Tripping over a Phone Cord.”