After a road collision, what happens when plaintiffs begin adding ride-matchmakers Uber or Lyft or RelayRides as a defendant, on grounds of inadequate screening or some other theory? [Emily Badger, Atlantic Cities]
Colorado recalls; NYC voters spurn Eliot Spitzer
Next time someone says big money calls all the shots in American politics, remember that an 8-1 money advantage fueled by Michael Bloomberg and other national donors wasn’t enough to save the seats of two lawmakers who’d helped push a gun-control package through the Colorado Senate, thus infuriating constituents in a marginal Colorado Springs district and in the blue-collar Democratic stronghold of Pueblo. [Denver Post, David Kopel, Volokh Conspiracy, The Denver Channel]
Meanwhile, New York City Democratic primary voters decided against nominating whited sepulcher Eliot Spitzer as the city’s next comptroller, thus foiling Spitzer’s plan to get his hands on billions of pension fund dollars with which to engage in grandstanding and litigation [WABC, Lawrence Cunningham]
P.S. Less happily, voters in Richmond, Calif. are going to let the city administration proceed with a scheme to seize underwater mortgages by use of eminent domain [Daniel Fisher, more, earlier]
Should companies turn suing into a “profit center”?
For good reasons, most large companies have been reluctant to launch ambitious offensive litigation programs as plaintiffs: doing so can distract from productive missions, destroy valued business relationships, and harm a company’s public image. But lawyers (who of course may have a stake in the matter) are urging them to turn affirmative suit-filing into a profit center, including not only such relatively common grounds for legal dispute as intellectual property and insurance recovery, but also contractual and other claims against suppliers, tenants, and venture partners. [Vishneski/Souza, Corporate Counsel]
Lawyers can’t scrub hotel epithet
“A federal appeals court has tossed a $10 million defamation suit by a resort in Pigeon Forge, Tenn., that was ranked No. 1 on a 2011 ‘dirtiest hotels’ list by TripAdvisor.” The Sixth Circuit “said the list is opinion protected by the First Amendment.” [ABA Journal, Digital Media Law]
“Every landlord’s worst nightmare” video
A video from the humor site The Chive has been making the rounds with a landlord’s narration of the ghastly extent of damage to a family home done by a single really bad tenant participating in the federal Section 8 housing-voucher program (and not responsible for most of the rent). Some landlords might react to such an experience by becoming more wary of Section 8 tenants and subjecting them to extra screening or interviewing, while others might be more convinced by assurances (from various quarters supportive of the Section 8 program) that horror stories are in no way typical and that tenants using the vouchers are no more likely to trash a property than any other tenants.
Such a difference of opinion might be of relatively limited interest — some landlords could follow one strategy, others the opposite, and experience would tell which was the more successful — except that the Obama administration and its allies are taking the position that “discrimination” against Section 8 tenants, whether in the form of extra scrutiny of their applications, turning them away as applicants, or anything else, should be illegal. That is one of the major demands of HUD’s lawsuit against Westchester County, N.Y., and it is the substance of laws passed in Cook County, Ill. and elsewhere lately, at the urging of “fair housing” groups, banning so-called source-of-income discrimination. [Chicago Reporter, Courier News, Tenants Union of Washington State] The message of these laws to hapless landlords like the one who narrates the Chive video is: sorry about your house getting trashed, but tough luck, see you in court if you try to protect yourself. (& welcome Above the Law readers).
“EU plans to fit all cars with speed limiters”
An idea destined to come here as well? “Under the [European Commission] proposals new cars would be fitted with cameras that could read road speed limit signs and automatically apply the brakes when this is exceeded. Patrick McLoughlin, the [British] Transport Secretary, is said to be opposed to the plans, which could also mean existing cars are sent to garages to be fitted with the speed limiters, preventing them from going over 70mph.” [Telegraph]
More: EU denies having such plans (see comments). And in the U.S., federal regulators (NHTSA and the Federal Motor Carrier Safety Administration) have considered speed governors on heavy trucks, drawing objections on safety and other grounds from independent truckers (2007), while the idea of speed limiters on ordinary passenger cars has drawn regulatory interest in both Canada and the U.S., as well as favorable note from such commentators as Matthew Yglesias and Ryan Avent.
Service animal scams now “epidemic … across the country”
Marcie Davis, founder of International Assistance Dog Awareness Week, noted that ordinary pets passed off as service dogs — often with fake badges, vest, or papers bought off the internet — disrupt public places and eat food at restaurants, bring suspicion on genuine service dogs, and even on occasion get into fights with real service dogs like hers. Davis “said the fakers are also taking advantage of laws that limit the interaction a business owner can have with a disabled person. The Americans with Disabilities Act prohibits requiring identification documents for a service animal and does not allow any questioning about specifics of a person’s disability.” [CBS Baltimore]
Mom ate poppy seed dressing, state holds baby for 75 days
Some folks think that by posting so many stories of public agencies doing horrible things, I’m improperly undermining confidence in the government we must all depend on. Every time I try to taper off, however, I seem to run into a story like this. [Eugene Volokh]
Wage-and-hour law firm sued in wage-and-hour case
“In a federal lawsuit filed Aug. 29, Christopher Hranek contends Morgan & Morgan – one of the most active Florida law firms in filing wage and hour cases – misclassified him as a salaried employee when he was instead working as an hourly employee.” Morgan & Morgan, whose advertising slogan is “For the People,” said it does not owe Hranek overtime and expects to show documentation that it was in compliance with labor law. [Jane Meinhardt, Tampa Bay Business Journal]
Free speech roundup
- “It’s Not Illegal to Sell Anti-NSA Shirts Bearing the NSA Logo”
[Volokh] - Can an American national be sued in American courts for working to persuade a foreign government to pass an oppressive law? [BTB on Scott Lively Uganda case]
- “Court Rejects Religious Discrimination Claim Based on Associated Press’s Rejection of Plaintiff’s Religiously Themed Article” [Volokh]
- Workings of British hate speech law: police visit clergyman who emailed pair of unwelcome religious tracts [Spectator]
- “HIV Denialist’s Trademark and Defamation Claims Against Critical Blogger” [Paul Alan Levy]
- Revisiting the practice of suing publishers of drug information in pharmaceutical liability cases [Beck]
- “Australia’s Press Regulators Look To Enforce Ideological Conformity” [Tuccille, Reason]