March 23 roundup

  • New Yorker suing boss for $2M because working in New Jersey caused him “anguish” [Biz Insider]
  • British lawyer’s libel threats impede UK publication of Paul Offit vaccine book [Respectful Insolence]
  • Lawsuit settlement leads to Florida push to curb tobacco discounter [WSJ; background, Jeremy Bulow]
  • Allegation: attorneys made personal use of cy pres fund in Armenian genocide settlement [PoL]
  • “Telecommuting employees raise special wage and hour issues” [Hyman]
  • UK bias cops wonder whether to ban gay-preferred along with gay-not-preferred guesthouses [Ed West, U.K. Telegraph]
  • Copyright mills: “Local law firm wants to defend people sued by local law firm” [TBD] Related: [Citizen Media Law, Coleman]
  • “Top 10 Reasons to Not Open a Bar or Restaurant in NYC” [NY Enterprise Report]

New frontiers in disability accommodation: classmate mouth-rinsing

Florida: “To protect the [6-year-old] girl [with a severe peanut allergy], students in her class at Edgewater Elementary School are required to wash their hands before entering the classroom in the morning and after lunch, and rinse out their mouths, [Volusia County school spokeswoman Nancy] Wait said, and a peanut-sniffing dog checked out the school during last week’s spring break.” [Reuters]

International human rights law roundup

Recent clips on a subject treated in much more detail in Schools for Misrule:

  • Claim: Wisconsin Gov. Walker’s reforms to public sector labor law violate international human rights [HRW, Mirer/Cohn, FoxBusiness (views of Marquette lawprof Paul Secunda)] Related: UAW threatens charges against automakers [ShopFloor]
  • Per some advocates, “right to health” has emerged as an “established international legal precept” even if it is “still to be fully embraced in the United States” [Friedman/Adashi, JAMA]
  • GWB at risk of arrest if he visits Europe? Or are some of his enemies just posturing? “Bush trip to Switzerland called off amid threats of protests, legal action” [Atlantic Wire, WaPo, Daily Dish and more, Frum Forum, more and yet more]
  • Oh, good grief: Tennessee solon “proposes law to make following Shariah law a felony” [Tennesseean] More states prepare to join unsound “ban all recogition of international law” movement [Ku, OJ] Background: Volokh.
  • For those interested in the Declaration on the Rights of Indigenous Peoples recently given a favorable nod by the Obama administration, a copy of the text is available here [CWB]
  • “Conceptualizing Accountability in International Law and Institutions” [Anderson, OJ]
  • Human rights initiative in UK: “Rapists and killers demand right to benefits” [Telegraph] European Court of Human Rights, Human Rights Acts “merely pretexts for judicial activism, argues Alasdair Palmer” [Telegraph]
  • Claim: U.S. is odd-country-out in international law. Reality check please [Bradford, Posner et al, OJ]
  • Opponents charge trying Pennsylvania 13 year old for murder as adult could violate international law [AI]

C-SPAN2 “Book TV” today

Today at noon Eastern, C-SPAN2’s popular “Book TV” feature will broadcast my remarks before a Heritage Foundation audience in Washington, D.C. I’ll be talking about my new book Schools for Misrule, reviewed yesterday in the Wall Street Journal and (by George Leef) in The Weekly Standard (more). Last night Schools for Misrule hit a sales ranking of #718 on Amazon, and stood at #1 in the One-L category, #2 in Legal Education after a test prep book, and #7 in Law (with only one policy-oriented book higher). It stood at #332 this morning on Barnes & Noble.

Have you bought your copy yet? It’s available through your local bookstore, as well as by way of online sources such as Amazon (commission to this site applies), Barnes & Noble, Powells.com, and Books-a-Million. And electronic versions are available for a variety of e-readers including the Amazon Kindle, BN “Nook”, and others.

“Judge Tosses Boeing Suit After ‘Confidential Witness’ Recants”

Daniel Fisher at Forbes explains:

…The rise of the “confidential witness” can be traced to the Public Securities Litigation Reform Act and subsequent Supreme Court rulings, under which class-action lawyers are required to do more than just point out the obvious, that a stock price fell. They need to state “particularized facts” giving a strong inference that somebody in management, not just a faceless corporate entity, did something he or she knew was fraudulent.

To get over this hurdle, class-action lawyers frequently call upon nameless “confidential witnesses” who apparently are willing to speak with plaintiff lawyers but live in fear of their identities being revealed to anyone else.

Funny thing is, the testimony of these confidential witnesses on eventually reaching the light of day keeps not backing up the propositions the lawyers said it did. The newest embarrassment afflicts Robbins Geller, a successor law firm to Bill Lerach’s Coughlin Stoia. More: ABA Journal; City of Livonia Employees Retirement System v. Boeing.

March 21 roundup

  • “Cleveland Browns lawyer letter is apparently real” [Lowering the Bar, earlier]
  • “Headlines of the Apocalypse: ‘Lady Gaga eyes legal action over breast milk ice cream.’” [@vsalus re: Breitbart via @EdDriscoll]
  • Chesley discipline prospects in Kentucky fen-phen scandal: “King of Torts Dethroned” [Laura Simons, Abnormal Use]
  • Busy construction-defect lawyers vex Fresno builders [Bee, Business Journal]
  • “NHTSA Postpones Back-Up Camera Requirement Rule” [The Truth About Cars, earlier]
  • Lawyers in Italy call strike to protest law requiring mediation of commercial disputes [WSJ Law Blog]
  • NYT’s Mark Bittman has a magical touch with food (alas) [Patrick at Popehat]
  • Beasley Allen lawyers sluiced $850K to Alabama GOP judicial contender [Birmingham News via PoL]

Demands $1.6 million for neighbor noise, $52 million for involving reporter

A Manhattan couple were sued by their downstairs neighbors for allegedly allowing too much noise that might have been better muffled with carpets. They approached a well-known local reporter who did a segment in his “Shame! Shame! Shame!” consumer series critical of the suit. The plaintiffs proceeded to file a new $52 million suit against their upstairs neighbor for intentional infliction of emotional distress, which a judge has now dismissed. And now the defendant wife and her husband have sued the condo board for removing her from the board, apparently in reaction to the publicity. [TVSpy]