- Claimed prison guard punched him in face: “Man convicted in Chicago-area mass murder awarded $500,000” [WHAS, ABA Journal]
- Ken White “immediately repulsed and enraged” by Mayer-Brown-repped suit seeking removal of Glendale, Calif. “comfort women” memorial [Popehat]
- “Las Vegas: Man Sues Casino After $500k Loss ‘While Drunk'” [Sky News]
- Regulators blame everyone but selves: “Drug Shortages Continue to Vex Doctors” [Sabrina Tavernese, NYT on GAO report, earlier here, here, etc., etc.]
- Former Virginia attorney general Ken Cuccinelli to speak tomorrow on “dereliction of duty” of AGs who decline to defend laws deemed unconstitutional, hope someone brings up this and this [more background; and his successor Mark Herring’s view]
- Oregon: “Portland State University will pay $161,500 to settle a lawsuit claiming it discriminated against disabled students who have service animals.” [AP/KOIN] Laws make it dangerous for business owners to draw line between legitimate, fake service dogs [L.A. Times]
- Not The Onion: Canada telecoms regulator pushes XX cable channels to run more Canadian content [CBC, National Post]
Scenes from the war on vaping
“Who Needs Legislation? Dems Want To Extend Tobacco Settlement To E-Cigarettes” [Daniel Fisher, Forbes] “E-cigarettes are bad because they look like cigarettes. E-hookahs are worse because they don’t.” [Jacob Sullum; more from Sullum on the unanimous vote by the Los Angeles city council to ban vaping in public places]
“The Personal Injury Lawsuit Crisis…”
…circa 1897,” in Chicago. It is well recognized that a legal culture of entrepreneurial claims-making and suit-filing, especially as regards road and transport mishaps, had emerged in some large American cities by the early Twentieth Century. But its development in all likelihood can be traced to even earlier points than that, perhaps stimulated in part by the widespread electrification of urban streetcar lines (previously animal-drawn) in the early 1890s. [Kyle Graham]
Great moments in successor liability
Safer to have the failed business go through total liquidation, it seems:
An employer that acquired the assets of a defunct bar and restaurant and continued to operate a restaurant on the same premises was liable for unpaid wages owed to the defunct restaurant’s former employees, the Oregon Supreme Court has ruled. Blachana LLC v. Bureau of Labor and Industries, No. S060789 (Ore. Jan. 16, 2014).
Reversing the Oregon Court of Appeals, the Court found that the Bureau of Labor and Industries (BOLI) did not err in deciding the employer was a successor for state wage liability purposes because it conducted “essentially the same business as conducted by the predecessor,” even though it did not employ any of the predecessor’s employees. [emphasis added]
Environmental roundup
- Environmental advocates and their fans in the press come off badly in Chevron/Ecuador litigation scandal [Coyote, earlier]
- Drought disaster unfolds in California’s Central Valley, where project water is allocated by fiat, not bid for in market [Allysia Finley, WSJ; San Jose Mercury-News]
- Other large democracies resist the idea of packing environmental terms into trade treaties, and maybe they’re right [Simon Lester, Cato]
- “A Tough Day in Court for the EPA’s Greenhouse Gas Regulations” [Andrew Grossman]
- R.I.P. leading environmental law professor Joseph Sax [NYT, I discussed his work in Schools for Misrule]
- Lawyers have hijacked Endangered Species Act [Congressional Working Group report via Washington Examiner editorial]
- When science begins bringing extinct animals back to life, watch for unintended legal consequences [Tyler Cowen]
“Ex-Dewey Executives Charged in Fraud That Destroyed Firm”
Extraordinary allegations by the Manhattan District Attorney, as summarized by Bloomberg:
Three former executives at Dewey & LeBoeuf LLP, once the No. 3 legal adviser to banks handling merger deals, were charged with a “blatant” $200 million fraud that spurred the largest law firm bankruptcy in history.
The three, including the chairman, executive director and chief financial officer, were accused of using accounting gimmicks similar to those that sent top executives at WorldCom Inc. and Tyco International Ltd. to prison a decade ago. Authorities cited e-mails in which the men referred to “fake income,” “cooking the books” and “accounting tricks.”
Happy trails, with paid-for takings
“Colorado Man Could Sue Divers Who Saved Him From Submerged Car”
“A Colorado man, despite acknowledging that he’s lucky to be alive after being trapped in a submerged car, has filed an intent to sue his rescuers for half a million dollars.” Roy Ortiz says “he needs help paying medical bills,” and his attorney Ed Ferszt adds, perhaps not entirely helpfully, “It’s unfortunate to have to try and cast liability and responsibility for this act of God on the men and women who risked their own lives.” [ABC, CBS Denver, The Denver Channel, Broomfield Enterprise]
Schools roundup
- The price of yielding to demands for “trigger warnings” in college curricula, discussions [Jenny Jarvie/TNR, Jill Filipovic/Guardian, Laurie Essig/Chronicle of Higher Ed, Philip Wythe/Rutgers Daily Targum (trigger warning needed on Woolf’s “Mrs. Dalloway”?)]
- A sleeping giant awakes? Asian-Americans oppose attempt to restore racial preferences in Calif. higher ed [Pasadena Star-News]
- Coming soon: huge expansion in school feeding program as feds fund meals for all students in schools where >40% qualify [Baylen Linnekin] More: fiasco unfolds in new school lunch regs [Jason Bedrick]
- Kansas Supreme Court seizes control over school spending [my new Cato post, earlier here, here, and here, more background]
- More coverage of Sen. Diaz’s scheme in New York to require parents of school-age kids to take parenting classes [Deseret News and thanks for quote, earlier here and here]
- Staff at Minnesota school, worried about following rules, “opted to simply let the girl freeze” [Jason Bedrick/Cato]
- College discipline furor: Can she consent to sex after drinking? [Margaret Wente, Cathy Young]
- Infant fell through bleachers at soccer game, Yakima, Wash.-area school district to pay $6.9 million [Insurance Journal]
Please, NYT, show appreciation
Fifty years ago yesterday the Supreme Court handed down its greatest tort reform decision — just for you. [Related 2003 Baseball Crank post on federalism.]