“A woman who made international headlines when she lied about finding a severed finger in a bowl of chili at a Wendy’s restaurant in San Jose is expected to return to prison for concocting another tale – that someone had shot her son, a prosecutor said Wednesday.” [Henry K. Lee, SFGate.com, autoplays]
Big, but not so Easy
Billing an estate $3,500 for a New Orleans outing doesn’t work out so well for a bankruptcy trustee [IFS Financial Corp. et al v. Smith, S.D. Tex, PDF]
Stanley Chesley: the sequel
Disbarred in Kentucky, disgraced in the eyes of many onetime admirers, the veteran mass tort lawyer does not seem to have been disgraced in the eyes of the Cincinnati city council: it just unanimously appointed him to the city’s Human Relations Commission. [WCPO, earlier, background and on Kentucky fen-phen scandal).
“Made from 100% Unidentified Fiber”
Are you sure there isn’t any identified fiber in there? [Lowering the Bar] It turns out to be a consequence of something called the Federal Textile Act.
“Feds will stop hyping effectiveness of bike helmets”
“Two federal government agencies will withdraw their longstanding claims that bicycle helmets reduce the risk of a head injury by 85%. The decision comes in response to a petition the Washington Area Bicyclists Association (WABA) filed under the federal Data Quality Act.” [Jim Titus, Greater Greater Washington; earlier on mandatory helmet-use laws here and here]
Wheel spin on “Price is Right” defeats comp claim
“Oh, come on, now, WRAL. No one’s really going to believe the claimant in the bogus workers’ comp case with the game show angle is named ‘Wrench Cashwell’. You’re going to have to come up with something better than that.” [Fayetteville, N.C.]
Product liability roundup
- “The Emperor’s Clothes: Should jury bias against corporations receive legal recognition?” [Michael Krauss on Alabama legal malpractice case]
- Which did more to compromise gas can usability, regulation or liability? [Coyote, Jeffrey Tucker a year ago at LFB, earlier here, etc.]
- Wow: Litigation Lobby stalwart Joan Claybrook signs her name to letter claiming there’s “no evidence” of “significant fraud” in asbestos litigation [WSJ letter] “Peter Angelos’s Asbestos Book” [WSJ] “House panel passes asbestos trusts transparency bill” [Law360, Chamber-backed Legal NewsLine]
- “Indiana’s ‘Government Compliance’ Presumption Against Defect and Negligence” [John Sullivan, D&DL]
- CPSC Commissioner Nancy Nord on the commission’s certificates of compliance;
- A way to head off the product-suit technique for bypassing workers’-comp limits? “Pennsylvania Supreme Court Allows Waivers for Future Negligence by Third Parties” [Krauss, Point of Law]
- California cities’ lead-paint-as-nuisance suit may be headed for trial [Max Taves, Recorder]
“Risk and Legal Fear in Schools”
I’m a participant in an online forum put on by Common Good this week about the age of zero tolerance for aspirin pills, bans on games of “tag,” and broken-thermometer lockdowns. From their description:
We entrust our children to teachers and principals with the expectation that they will be both educated and protected from harm. When, inevitably, incidents happen — especially when those incidents are tragic and well-publicized — communities often press for stricter rules and procedures. School administrations have reacted to the shooting at Sandy Hook Elementary School with extreme protectiveness; one school suspended a six-year-old for “pointing his finger like a gun and saying ‘pow,’” while another suspended two boys for playing cops and robbers.
Also featured: Lenore Skenazy, Frederick Hess, Megan Rosker, and Nancy McDermott. From my contribution:
When they “err on the side of safety” in absurd ways, schools reflect trends in the wider society. … Already, by ten years ago, British commentator Jenny Cunningham could write that “A significant body of research evidence now indicates that there has been a drastic decline in children’s outdoor activity and unsupervised play. For example, it has been calculated that the free play range of children — the radius around the home to which children can roam alone — has, for nine-year-olds in the UK, shrunk to a ninth of what it was in 1970. Perhaps most damaging is that a climate has been created in which all unsupervised play is regarded as high risk, and parents or teachers who allow it are seen as irresponsible.” Cunningham notes that families now tend to see the risks of being hit by traffic or (far less likely) abducted by strangers as ruling out outdoor play. “Yet, despite the increasing levels of worry, in reality children have never been safer.” Sound familiar?
I go on to mention CPSIA, the wildly overreaching 2008 law regulating children’s products in the name of safety, and the proliferation of requirements that innocuous everyday chemicals be accompanied by material-safety-sheet paperwork. My conclusion: “If these are the trends in the outside society, how likely is it that schools will be able to resist?” (cross-posted from Cato at Liberty)
The IRS and your email
Did you know the IRS has asserted, and apparently exercised, a right to read your emails without a warrant? I didn’t, until now. [ACLU; more from ProPublica]
Regarding yesterday’s revelation that the National Security Agency has been collecting the phone records of millions of Americans, Glenn Greenwald at the U.K. Guardian has the original scoop, quoting my Cato colleague Julian Sanchez about one of the most salient aspects of the program: it scoops up everyone’s phone data in a dragnet, rather than proceeding against some narrower category of phone records for which there is individualized suspicion. More coverage: Guardian sidebar on what telephone metadata can reveal; Timothy Lee/Washington Post; Orin Kerr/Volokh (“This is potentially a huge story. If the NSA is getting all call records from every domestic call from Verizon, then that’s a very big deal”); Adam Serwer/MSNBC; Electronic Frontier Foundation (“There is no indication that this order to Verizon was unique or novel. It is very likely that business records orders like this exist for every major American telecommunication company, meaning that, if you make calls in the United States, the NSA has those records. And this has been going on for at least 7 years, and probably longer.”) And from a slightly different perspective, Joshua Foust, who cites Congress for having repeatedly voted to give the Executive ultra-broad surveillance powers, and writes: “The information the NSA is collecting is metadata, not content (like a wiretap), and not account names. Uncovering personally identifiable information would require separate warrants to do so. This was a pattern analysis, not really mass surveillance as we traditionally understand it.”
P.S. On the IRS’s claims of a right to read email without a warrant, Justin Horton: “Not limited to IRS; this is basically government’s position and only 6th Circuit seems to disagree.”
Medical roundup
- New ACA regulations from the feds restrict employer wellness programs [Jon Hyman; Leslie Francis, Bill of Health]
- Frequent-flyer defense medical examiner comes to grief in New York [Eric Turkewitz]
- Fecal transplants (that’s not a misprint) appear to hold out hope of saving a lot of lives, except for the mountain of FDA paperwork blocking them [Amar Toor/The Verge, Maggie Koerth-Baker] Enter the grey market [Beth Skwarecki]
- Why can’t the FDA catch up with Europe on sunscreens? [Alex Tabarrok]
- “The banning of catastrophic-only plans infuriates me the most…. the only plans that are actually financially sensible for a healthy individual to purchase.” [MargRev comments section]
- More on the recent study of malpractice suits by a group of Johns Hopkins researchers [Christopher Robinette]
- For all his public health pretensions, Michael Bloomberg “has no idea what he’s talking about” on medical marijuana [Jacob Sullum]
- Another look at asylums? [James Panero, City Journal]
- Feds’ war on Google pharma ads reflects no credit on D.C. [Brian Doherty]