Inspired in part by Hurricane Katrina, a new federal regulation requires commercial animal handlers to develop disaster contingency plans for their animals. Because working with even a single animal can put you under the rules, a magician in Missouri is now mulling how to assess what potential disasters may pose risks for his rabbit, what “materials, resources, and training needs” may be necessary to prepare for them, and how best to “identify a chain of command” given that it’s just him and the rabbit. [J.D. Tuccille, Reason]
Torts roundup
- State attorneys general and contingent-fee lawyers: West Virginia high court says OK [WV Record] Similar Nevada challenge [Daniel Fisher]
- Driver of bus that fatally crushed pedestrian fails to convince court on can’t-bear-to-look-at-evidence theory [David Applegate, Heartland Lawsuit Abuse Fortnightly]
- UK uncovers biggest car crash scam ring, detectives say County Durham motorists were paying up to £100 extra on insurance [BBC, Guardian, Telegraph]
- “A Litigator Reviews John Grisham’s The Litigators” [Max Kennerly]
- Quin Hillyer, who’s written extensively on litigation abuse, is putting journalism on hold and running for Congress from Mobile, Ala. [American Spectator]
- Not clear how man and 5-year-old son drowned in pool — he’d been hired for landscaping — but homeowner being sued [Florence, Ala.; WAFF]
- “U.S. Legal System Ranked as Most Costly” [Shannon Green, Corp Counsel] “International comparisons of litigation costs: Europe, U.S. and Canada” [US Chamber]
“Plaintiff’s son was consistently left out of school exhibits and films . . . “
People can’t stop gawking at this Manhattan couple’s lawsuit against a $39,000/year private school. The lad in question was in kindergarten: “On one occasion, plaintiffs’ 5-year-old son was relegated to the role of ‘door-holder’ and ordered to hold the door for all of the other students.” Mr. and Mrs. Heinemann also say they got stuck with an unplanned $50,000 winning “bid” for a finger painting at a charity auction, and are additionally suing for the cost of continuing to employ their child’s $60,000/year chauffeur, “whose job they want to save.” [New York Post]
Indian adoption, cont’d
Cato’s Caleb Brown interviews me for yesterday’s Cato Daily Podcast on the Supreme Court’s recent decision in Adoptive Parents v. Baby Girl [earlier]. More on “constitutional avoidance” and Justice Thomas’s noteworthy concurrence: Will Baude, PrawfsBlawg.
Did Euro data privacy regs help kill Google Reader?
Many loyal users (including me) were beyond glum when Google decided to close down its venerable RSS reader, effective yesterday. Maxim Lott at Fox News has this report:
“You would think that it would take little effort to maintain the site, but compliance keeps the cost up,” the source [“familiar with the matter”] told FoxNews.com.
He gave one example of a costly regulation.
“In Europe they’ve had a regulation for years where basically, if someone requests that all their data on a site be deleted, the company must comply. Reader wasn’t compliant with that. So it comes down to, do you spend a lot more resources making the service compliant, or working on something new?”…
Google spokeswoman Nadja Blagojevic declined to comment about whether regulatory costs played a role in Reader’s demise.
Free speech roundup
- Paleo-diet blogger wins a round in battle with North Carolina occupational licensing [IJ via Alkon, earlier here, here, etc.]
- If you live in Connecticut or Montana, you have a U.S. Senator who’d go this far to trample rights [Volokh on Tester-Murphy constitutional amendment, earlier] Related: “In Attack On Commercial Speech, Law Professor Sadly Supports Selective Rights” [Richard Samp, WLF, on Columbia’s Tim Wu]
- Lawyers sue publishers of medical literature for failing to warn about drug side effects [ABA Journal, Drug and Device Law]
- “Anti-Bullying Bill Could Jail People Who Criticize Politicians” [Ted Balaker, Reason]
- Regarding the L.A. Times: “So people are really suggesting a city council interfere to make sure a newspaper’s owners have the proper political views. Flabbergasting.” [@radleybalko]
- “Judge: Rocker must pay Herald $132G in court costs for dismissed defamation suit” [Boston Herald] Second Circuit recognizes scientific-discussion defense to defamation claims [Science World Report]
- “Does Freedom of Speech Conflict with Freedom of Religion?” [Jacob Mchangama video] “Turkish Blogger Sentenced to 13 Months in Prison for Criticizing Mohammed” [Volokh] So much repression: State Dept. International Religious Freedom Report for 2012 [executive summary]
“Truly miserable”
Patrick at Popehat needs to lose the tactful hesitancy and tell us exactly what he thinks of NPR’s Zimmerman-trial coverage.
“Patent troll that sues public transit systems gets hauled into court”
We’re previously noted the activities of ArrivalStar and related entities, which have filed numerous suits against enterprises over alleged infringement on vehicle-tracking technology. Now one of its frequent targets, public transit systems, is striking back: the “American Public Transportation Association (APTA) has teamed up with the Public Patent Foundation (PubPat) … [and] have sued to knock out the ArrivalStar patents.” [Joe Mullin, Ars Technica] Also: “F.T.C. Is Said to Plan Inquiry of Frivolous Patent Lawsuits” [New York Times]
“Elderly man who picked dandelions for food gets $75 ticket”
No food gathering is allowed in the Chicago-area Cook County Forest Preserve, and that extends to dandelions. A spokeswoman does not exactly argue that America is at risk of running out of the notoriously prolific wind-borne weed, but says foraging might take food away from animal or insect species that might otherwise eat the yellow-topped invaders, besides which “some native plants resemble dandelions and could be mistaken for them.” [ABA Journal]
Labor and employment roundup
- EEOC guidance lost big in last week’s SCOTUS employment decisions [Daniel Fisher, Michael Greve]
- Classification of obesity as a “disease” has huge employment law implications [Jon Hyman]
- EEOC goes after BMW, Dollar General over criminal background checks on job candidates [ABA Journal, Althouse, Michael Carvin and Eric Dreiband (“The Government Checks Criminal Records. Why Can’t Private Employers?”), Employer’s Lawyer, earlier] “So the gov’t convicts minorities at a disproportionate rate. Then the gov’t sues companies that checks those records, smart.” [Surya Gunasekara] Why not ban Google too? (Don’t give them ideas, please) [ Mike Riggs]
- Wage and hour suits soar, record number filed so far in 2013 [Corp Counsel, Overtime Lawyer, I-Sight] Related: what’s wrong with the epithet “wage theft” [Hyman]
- Employer’s claim: I can’t get due process from Connecticut Commission on Human Rights and Opportunities [Daniel Schwartz]
- The First Amendment protects our speech rights against the government, not against those we deal with in the workplace who may disapprove [Schwartz and more on Connecticut employment proposal] NLRB “attempting to sanction a California newspaper despite a federal appeals court’s decision that such a ruling threatened the publisher’s First Amendment rights.” [Washington Free Beacon]
- “Bergen, Passaic County towns saddled with costs as lawsuits filed by police add up” [Bergen Record via NJLRA]