Ted Frank rebuts a lame Atlantic column (& follow-up).
Delaware judges “almost” hostile toward unmeritorious suits
The baseline expectations in our legal system are such that when judges cast a skeptical eye on meritless cases — going so far as to be “almost” hostile toward them — it counts as newsworthy. I discuss in my new post at Cato at Liberty. More: Bainbridge. For more on the prosperous legal niche of filing lawsuits seeking to block corporate mergers, and then collecting fees when the target agrees to settle in order to get the deal done, see Dealbreaker (“Plaintiff’s Lawyer Tax on M&A”), Fox Business and WSJ.
“For the organized bar, it is an article of faith…”
“… that a lawyer’s participation makes judicial proceedings more fair, not less fair.” So should we be shocked that the U.S. Supreme Court does not partake of this article of faith? [earlier on Turner v. Rogers and Civil Gideon] Related: Are we sure we want judges who are “great lawyers”? [Chiang, Prawfs, Greenfield]
Tales of the California business climate
The CEO of the Carl’s restaurant chain “said he’s had to fire managers who insisted on working more hours than state allows.” [David Houston and Jot Condie, San Jose Mercury-News]
A “Ladies’ Night” carve-out
Nevada has passed a law banning sex discrimination, but, perhaps wary of the litigious track record of California’s Unruh Act, has exempted “Ladies’ Nights” promotions. [Las Vegas Sun]
Home office? Keep it quiet
If you run a home office in Nashville, you mustn’t let clients visit, while in Montgomery County, Maryland, employees may not pick up paychecks at a home-based business [Radley Balko; Harvey Jacobs, WaPo]
July 19 roundup
- More on CPSC’s crib ban train wreck [Commissioner Anne Northup, more, earlier]
- One man’s nightmare of false accusation [LA Times via PoL]
- How many plaintiff’s-side flicks is HBO going to air this summer, anyway? [“Mann v. Ford,” Abnormal Use]
- Apple granted “incredibly broad patent” over screen gesture technology [Tabarrok]
- Will Congress reverse this term’s much-attacked SCOTUS decisions? [Alison Frankel] Podcast on Wal-Mart v. Dukes with Brian Fitzpatrick [Fed Soc] “Wal-Mart ruling no knock-out blow for class actions” [Reuters] Contrary to some assertions, current law does strongly incentivize individual job-bias claims [Bader] More on case: Dan Bushell, and welcome Craig Newmark readers.
- Mississippi stops proceedings in $322 million asbestos case to consider judge’s possible conflict [JCL, earlier here, here]
- Nice coat, where’dja get it? [annals of incompetent crime, UK Daily Mail]
Keeping tabs on wacky warnings
Abnormal Use interviews Bob Dorigo Jones, founder of the ever-popular Wacky Warning Labels contest.
Cordray to CFPB
It appears President Obama “will nominate former Ohio Attorney General Richard Cordray to be the first director of the Consumer Financial Protection Bureau (CFPB),” according to my colleague Mark Calabria, who recounts Cordray’s mixed record on topics of business litigation (he withdrew an abusive lawsuit against lead-paint manufacturers, while also campaigning against foreclosures). Earlier coverage here.
P.S. Daniel Fisher at Forbes reports that securities class action lawyers appear to adore Cordray, to judge from his campaign finances. John Berlau finds him inclined toward heavy-handed regulation, while Neil Munro wonders about his data privacy defense record.
Monkey-snapped photos, cont’d
A takedown letter (not, apparently, monkey-typed) is the latest development in the copyright flap that has transfixed the legal blogosphere [David Post, Jim Harper, Lowering the Bar, earlier]