“The card check proposal now has a good chance of being Exhibit A in the post-election Case against Democratic Overreach. (Likely defense: ‘We were only pandering! You took us seriously!’)” [Newsweek “Kausfiles”]
November 2 roundup
Headline stories of the week:
- Crude for sure: Law.com runs highlights of the tapes of American lawyers stage-managing the Ecuador-Chevron suit [Corporate Counsel, ShopFloor]
- Why such broad gag orders in Kansas pain-doc advocacy case? [Jacob Sullum, Reason; Adam Liptak, NYT]
- Spectacular fall of lawyer Adorno in Miami fire fee case [ABA Journal, PoL, earlier]
- Fiscal 2010 saw biggest increase in regulatory burdens placed on US economy since measurements began [Heritage]
- Watch for nonstandard definitions of “rights”: “Unions Fear Rollback of Rights Under Republicans” [NYT]
- Marijuana, freedom and the California ballot [David Boaz, Cato at Liberty] Alas, text of Proposition 19 also contains “antidiscrimination” provisions that restrict private liberty [David Henderson]
- New papers from U.S. Chamber’s Institute for Legal Reform unveiled at last week’s Legal Reform Summit: ways to fix the Foreign Corrupt Practices Act (FCPA) (more on FCPA from Nathan Burney via Greenfield); Beisner-Miller-Schwartz on cy pres in class actions, via CCAF and Trask; and a new paper on asbestos claiming in Madison County, Illinois;
- Will Supreme Court clients be as keen on hiring Tribe after revelation of his letter trashing Sotomayor? [Whelan, NRO]
“Do you know? The DOL is encouraging employee covert ops in your business”
“The calendar [on a U.S. Department of Labor “We Can Help” website] encourages employees to track their arrival and leave times, start and stop times, meal breaks, and other breaks on a daily basis. The distinctions drawn between arrival versus start times and stop versus leave times suggests that the DOL is trolling for potential off-the-clock claims against employers.” [Jon Hyman, Ohio Employer’s Law]
Allegation: Debt collectors used fake “courtroom”
The Pennsylvania attorney general has sued a debt collection company in Erie, charging that it operated a bogus “courtroom” to mislead or confuse debtors. “Consumers also allegedly received dubious ‘hearing notices’ and letters – often hand-delivered by individuals who appear to be Sheriff Deputies – which implied they would be taken into custody by the Sheriff if they failed to appear at the phony court for ‘hearings’ or ‘depositions’,” claims AG Tom Corbett [Corbett press release; WTAE]
November 1 roundup
Election edition:
- On Oklahoma ballot: grossly overbroad measure to ban use of foreign law [Atlantic Wire, Transplanted Lawyer, earlier Volokh]
- Michigan race: “Dems cross the line with bigoted Supreme Court ad” [Stephen Henderson, Freep; earlier on attacks on Justice Robert Young]
- Jacob Sullum is another non-fan of Andrew Cuomo’s record;
- What was the exact nature of that Vancouver fundraiser so many Senate hopefuls attended? Carter Wood wishes he could add a footnote to an already strong column by George Will on the Linda McMahon-Richard Blumenthal Senate race in Connecticut;
- Speaking of which, Will’s latest election roundup column is just out, while Nate Silver at the NYT’s Five Thirty Eight blog offers an outstanding hour-by-hour election-night guide;
- Iowa poll shows former AAJ/ATLA president Roxanne Conlin, of SomePeopleJustNeedToBeSued.com fame, trailing far behind in bid to unseat Sen. Chuck Grassley [WHO-TV via Carter Wood’s PoL election roundup;
- Trial lawyers pour cash into California insurance commissioner race [CJAC]
- Latest effort by New York Times to lionize activist AGs as “next Eliot Spitzers” recalls earlier Times pieces written to same formula, in the most amusing of which it lionized as the next Spitzer Ohio’s since-disgraced Marc Dann. Yet (the shaky electoral performance of such Times favorites as Massachusetts’ Martha Coakley aside) there’s reason to suspect voters this year will return a roster of AGs that’s less inclined toward business-bashing, not more [Jack Fowler at NRO].
- Government a threat to liberty? Doesn’t just depend on whether “our” team’s in charge [Gene Healy, Examiner]
Gotham firefighters and racial hiring
At City Journal, Heather Mac Donald has an important article on the federal courts’ willingness to second-guess in great detail the hiring practices of the New York City fire department, in search of more hiring of black applicants. It is worth noting that fire departments are pressed to rely (and even perhaps over-rely) on written tests in assessing applicants’ suitability in part because traditional testing of physical skills such as the ability to wield a charged hose, get up a ladder quickly, and carry body-size weights has been extensively and successfully sued against by lawyers representing female applicants.
Hell’s Angels sue Saks Fifth Avenue
Over its alleged fashion use of the Angels’ trademarked “death’s-head” image [Legal Blog Watch]
Haunted-house operators scared by lawsuits
Matthew Heller of OnPoint News and AnnMarie McDonald of the New Jersey Lawsuit Reform Alliance have roundups on Hallowe’en litigation.
P.S. Also holiday-related: a Hallowe’en sighting of lawyers’ tongues [Robert Burns, Tam O’Shanter at Scots law blog Absolvitor via LEF]
An elected AG for Washington, D.C.?
Really, Washingtonians could do without a grandstanding politico type as chief city legal officer, argues Carter Wood at Point of Law.
SLAPPing with impunity in California
A California court rules that attorneys who file unjustified suits aimed at speech or political activity can’t be made to pay the other side’s fees. If you’re a victim of such an action, you still might get lucky and collect from the client who instigated it. [Cal Attorneys Fees]