The laws may have displaced, more than actually reduced, road fatalities, according to a new analysis: “While the number of fatal crashes among 16- and 17-year-old drivers has fallen, deadly accidents among 18-to-19-year-olds have risen by an almost equal amount. In effect, experts say, the programs that dole out driving privileges in stages, however well-intentioned, have merely shifted the ranks of inexperienced drivers from younger to older teens.” [LA Times]
New Jersey: will $650 recovery support $99,000 fee-shift?
The New Jersey Supreme Court is being asked to review a case against a car dealer in which the plaintiff’s lawyer obtained a $99,000 fee award; the client’s actual recovery was $650, and the underlying disputed charge was $51.50. In a companion case, a complaint over inadequate handicapped parking won a $2,500 payout for the complainant and $74,000 for her lawyer. The cases could determine whether New Jersey retreats from a relatively liberal formula in which courts enhance many fee awards to prevailing plaintiffs above market rates. [New Jersey Law Journal]
Crowdfunding new businesses
It might require — not that! — relaxing securities regulation. [Amy Cortese, New York Times]
Banning discrimination against the unemployed?
I joined the host on Connecticut’s WTIC Thursday morning to discuss President Obama’s proposed ban on employer discrimination against unemployed job applicants:
For more on this bad proposal, check out Charles Lane, Washington Post (“really bad idea that will probably destroy jobs in a misguided effort to save them”); Richard Epstein/Hoover (“most ghastly” element of jobs plan), Mickey Kaus (“Worst idea in the speech? …a museum-quality case of liberal legalism ignoring the economic cost of the mechanisms of liberal legalism”), Steve Chapman (“may very well have a positive impact on hiring. Just not in America”), Neil Munro, Adler/Volokh, Business Insider, Ted Frank/PoL, NYT “Room for Debate”, Dan Indiviglio/The Atlantic (“While this is a lovely political talking point, it won’t cut unemployment and could even make matters worse for jobless Americans”), Atlantic Wire, Tim Cavanaugh/Reason, Jay Goltz/NYT “You’re the Boss” (“I don’t know whether to laugh or cry.”), National Review, Kerry Picket/Washington Times (Rep. Danny Davis, D-Ill.: “If it takes lawsuits to get work opportunities, then so be it”), earlier (& welcome Tim Cavanaugh/Reason “Hit and Run” readers).
“Safety First, Or Just In The Top Three?”
Subversive thoughts from Mike Rowe of the Discovery Channel hit “Dirty Jobs“. Clearly a man who has no future in Senate-confirmable appointments… [Link fixed now, thanks commenter C.S.]
Judge Kozinski on modern privacy
Ninth Circuit chief judge and libertarian favorite Alex Kozinski gave the annual B. Kenneth Simon lecture earlier this month at Cato’s annual Constitution Day Conference. [YouTube]
Labor and employment law roundup
- “EEOC showing late summer spike in discrimination suits” [NLJ]
- In new Lamons Gasket case, NLRB generously protects unions from many secret-ballot decertification elections [Hyman] Some employers rename quickie-elections proposal “ambush elections” [ShopFloor; see also Hannah Bowen, CRC, PDF] “NLRB’s Pro-Big Labor Ruling Trifecta is Bad News for the Economy” [Ivan Osorio, CEI] Did NLRB have legal authority to issue rule requiring employers to post union-rights posters on pain of criminal penalties? [Schaumber/NRO via Ted/PoL]
- Wage and hour law roundup: Law clerks fail in bid for overtime pay [Above the Law] “U.S. Open Umpires Sue for Overtime” [Fox Rothschild] Lawsuit challenges unpaid Hollywood internships [NYT]
- Public sector labor reform: Let the lawsuits begin! [Daniel DiSalvo, Public Sector Inc.]
- “Verizon Settles EEOC Disability Suit Based on No-Fault Attendance Policy” [Workplace Prof]
- Just can’t win dept.: after white firefighters extract large settlement from city of New Haven over reverse discrimination, Second Circuit rules that black firefighters can sue the city over the same “validated” test [WSJ, Schwartz]
- Screening job applicants through personality tests: when is it legal? [Hyman]
- Way to discourage employers from offering sabbaticals: have courts construe them as deferred vacation benefits [Cal Labor] Way to discourage volunteers [Cain, FindLaw]
- No, rules Judge Preska, the law doesn’t obligate employers to provide work/life balance [Hyman, Greenfield, PoL]
- Another purportedly disabled firefighter fit enough to run an Ironman event [WITI] “Can you pay me under the table? I would lose my disability” [Coyote]
“Loser-pays” reform in Texas
It’s a welcome development, but as I told Reuters, by the time it got through the legislative process there was less there than the name had promised. More at Cato. [Reuters link keeps changing, fixed for the moment]
“It’s sad that we can’t…report on experiences freely”
Reader Helene G. writes: “I recently joined our local mother’s club, and I received this message. It’s sad that we can’t use the mother’s club forum to report on experiences freely, without risk of being sued”
“Our forums are a great help to many in our moms community. However, we have a very specific guideline relating to negative comments about an individual, company or indeed health clubs.
Specifically, if you’ve had a negative experience with a vendor or individual, you need to use this format below. NO MATTER HOW BAD THE EXPERIENCE.
——-
Message Title: Negative Experience atMessage: I had a negative experience with
. If you are thinking of hiring/using this vendor, please contact me.
——-I’m sorry that in some instances we cannot have more relaxed guidelines, but we have to protect our group. Thanks for understanding.”
(& welcome Elie Mystal/Above the Law readers)
Can’t squeeze the last 20% of toothpaste from the tube? Sue!
“The full volume of toothpaste will not be dispensed, no matter how hard the consumer tries to squeeze,” complains the lawsuit filed against Procter & Gamble by Jonathan Rothstein of Encino, Calif., needless to say as a class action [LA Weekly]