I was on the Oregon-based radio show Tuesday evening to discuss the legislative battle over the DISCLOSE Act and the case of the passenger bumped by Southwest Airlines to make way for the second seat needed for an obese teen.
ADA’s anniversary, cont’d
Among reactions and links to my Cato piece yesterday: David Frum, Brian Doherty/Reason “Hit and Run”, Richard Epstein/Ricochet, LoTempio Law Blog/Blawg Review #274, John Stossel/Fox Business (with kind words), Steve Bussey (ditto, with a historic-preservation-related reader comment).
In other news, a Ninth Circuit panel (Friedman, Nelson, Reinhardt) has ruled that the “Chipotle Experience” at Chipotle Mexican Grill, in which customers can watch their food being made behind a glass partition, violates the ADA “because the restaurants’ 45-inch counters are too high. The company now faces hundreds of thousands of dollars in damages.” [AP, Reuters, decision in Antoninetti v. Chipotle courtesy Leagle]. More: Ted at PoL and my followups here and at Cato at Liberty.
California high court OKs public contingency fees
Ted at Point of Law has a post mortem on a decision that’s pretty bad, but not as bad as it might have been. More: Legal Ethics Forum, John Sullivan/Civil Justice Association of California, Wood/ShopFloor. Thanks, by the way, to CJAC for citing my writing in their amicus brief (PDF, see p. 10).
Canadian gambler: you let me lose C$330,000
“An admitted gambling addict claims the British Columbia Lottery and two casino companies let her gamble away hundreds of thousands of dollars after she signed a voluntary self-exclusion program for problem gamblers.” [Courthouse News via Legal Blog Watch; similar] Meanwhile, another man is claiming the government-owned lottery did finally enforce its exclusion order — and, per its rules, refused to pay him — when he won a $42,000 jackpot. [Globe and Mail]
July 27 roundup
- Dodd-Frank major oops: Faced with new liabilities, agencies refuse to let their ratings be used in bond issuance [WaPo, Salmon] SEC scurries to suspend requirement for six months while it figures out what to do [Salmon]
- Left-leaning law lectern: study of newly hired lawprofs identifies 52 liberals, 8 conservatives [Caron, ABA Journal, Lindgren/Volokh]
- “Progress in protecting gripe site owners against silly trademark claims” [Levy, CL&P]
- “Congress Investigates Beck, Ingraham Advertisers” [Stoll]
- “Uncle Sam Kicks Out Legal Immigrants for Down Profits in Recession” [Shapiro, Cato]
- Judge punishes Goodyear for discovery heel-dragging by denying it chance to disprove liability in $32M case [Las Vegas Sun]
- “$2.3M verdict against Dole thrown out on fraud grounds” [PoL, background]
- Paul Campos vs. Elena Kagan: this time it’s personal [Lawyers Guns & Money]
Bar exam hypothetical parody
From Elizabeth Wurtzel. Not much more extreme than some real ones I’ve seen.
20th anniversary of the Americans with Disabilities Act
I’ve got some thoughts on that milestone at Cato at Liberty.
Alabama law: contracts based on gambling are void
And electronic bingo players have now sued under the 158-year-old law to demand reimbursement of their losses. [Kent Faulk, Birmingham News]
UK historian who salted Amazon with self-serving reviews loses legal case against rivals
It is unclear from the BBC’s account whether the sock-puppetry amounted to anything that would have been actionable in an American court. A detail worth noting, though: “Initially, when confronted by the allegations of his involvement, Prof Figes instructed his lawyer to threaten legal action.”
Privacy/information collection “best practices” bill
Declan McCullagh at CNet and Jim Harper at Cato warn about a proposed bill sponsored by Rep. Bobby Rush (D-Ill.) that could impose significant regulatory burdens and legal risks on many small businesses, websites and even individuals that gather information about customers or other persons. The bill is presently titled the “Building Effective Strategies To Promote Responsibility Accountability Choice Transparency Innovation Consumer Expectations and Safeguards Act, or BEST PRACTICES Act of 2010.”