The Labor Department may abolish the longstanding exemption of home health care aides from federal overtime pay requirements. The shift could greatly increase costs for providing agencies, and perhaps also have effects on quality, since agencies might decide to protect themselves by requiring more aides to clock out and go home at points when housebound patients could really benefit from their continued assistance [Weiner, Epstein Becker Green Prima Facie Law Blog]
Device to auto-shut-down cellphones when car starts?
Yes, that’s what Transportation Secretary Ray LaHood has actually suggested. Think of what a great idea in emergencies! [Bedard/U.S. News via Radley Balko, Reason “Hit and Run”]
“Judge chops lawyer fees by $1M”
A North Carolina Business Court judge has cut a proposed fee award in an investor class action arising from the Wells Fargo/Wachovia merger “because he thought lawyers had charged too much per hour and spent too much time working on the case.” [Triangle Business Journal]
On the road
I’ll be traveling this week (mostly Washington, D.C.) and may not be able to respond to inquiries or moderate comments until I return. I’ve set up a number of items to auto-post in my absence, though, so check back.
March 9 roundup
- From attorney Bob Ambrogi, on Twitter: “This felt wrong: Shortly after heated call with lawyer saying he’d sue my client, he sent me invite to connect on LinkedIn.” Related: Amy Alkon.
- “Spot the lawsuit in this commercial” [Louis Vuitton vs. Hyundai; Trademark Blog]
- Video: “Community swimming pool closes due to lawsuit” [Hazleton, Pa.; U.S. Chamber Faces of Lawsuit Abuse series; plaintiff’s side of things]
- Recycling, found materials, and why so much “green building” won’t last [Sippican Cottage and followup]
- German ban on homeschooling not a compelling reason to grant asylum to affected family [Krikorian, NRO, Volokh]
- Ted’s Center for Class Action Fairness files objections to a Costco fuel class settlement; related reflections from the judge in the recent Honda case;
- “Photographing Public Art: A Legal Waltz in Seattle” [Citizen Media Law, earlier]
- “Big Bankruptcies’ Big Fees Raising Questions” [Asarco, Station Casinos; Baxter, AmLaw Daily]
Staged footage in ABC News Toyota “test”
Looks like network news departments are up to some of their old tricks. Gawker has the story (“How ABC News’ Brian Ross Staged His Toyota Death Ride”) and followup (“ABC News’ Toyota Test Fiasco”).
In the chapter “Trial Lawyer TV” in my book The Rule of Lawyers (St. Martin’s 2003, not online, why don’t you buy a copy?) I found that not only had the networks seemed to have learned nothing from the notorious 1993 “Dateline NBC” fiasco, they had actually gone back to using some of the same expert witnesses, “consumer” groups and staging techniques that had gotten them in trouble in the first place. So I must say nothing surprises me.
More: Neal Boudette, “Toyota slams ABC News on pedals”, WSJ:
At a news conference, engineering consultants hired by Toyota also showed they are able to cause vehicles made by three other auto makers to rev suddenly by making the same electronic modifications used by a college professor who was the subject of the ABC report, and who testified before Congress last month.
Other coverage: Matt Hardigree, Jalopnik; Washington Post (quoting Edmunds.com senior editor Bill Visnic as saying the carmaker “really chipped away at the evidence provided by Dr. Gilbert during the congressional hearings”); Safety Research & Strategies of Rehoboth, Mass., a trial lawyer consulting firm, “funded Gilbert’s test”, according to Business Week; Gilbert’s response at Barrons.com.
Dannon yogurt settlement
Class action lawyering is nothing if not an active culture. [California Civil Justice Blog]
Lawyer business card Hall of Fame
Actually, a pair of them, showcased at Above the Law.
Update: perfume-sensitivity-as-disability case
Through a records request, OnPoint News has established that the City of Detroit agreed to pay $100,000 and promised a change in policies to settle Susan McBride’s case claiming sensitivity to co-worker’s scents. Earlier here, etc.