- Yielding to pressure from state AGs, Craigslist will close “erotic services” section and replace with more highly moderated “adult services”; New York’s Cuomo is furious the site took unilateral action “in the middle of the night” rather than negotiating with him [NY Times, Hartford Courant, office of Connecticut AG (and longtime Overlawyered bete noire) Richard Blumenthal, Citizen Media Law, Above the Law] More: Ambrogi.
- Or they could absorb it and move on: “Bounty sues Brawny in paper towel tilt” [Atlanta Journal-Constitution]
- Was granting patents relating to diagnostic analysis of human genes a mistake? Should courts undo it? Via constitutional law? Three different questions there [Ars Technica, Doc Gurley/San Francisco Chronicle]
- Canadian Human Rights Commission wants new ban on discrimination based on “social condition” (with concomitant penalties for hurtful speech premised on such condition) [Ken at Popehat]
- Luxury-goods makers’ suits against eBay over sale of counterfeits may be petering out [Frankel, American Lawyer]
- Today must be exotic-dancer-litigation day at Overlawyered: Trademark Trial and Appeal Board denies trademark protection for “Cuffs and Collar Mark” of Chippendales male exotic dancers [TTA Blog via Lowering the Bar, Ron Coleman, opinion in PDF]
- Allegations fail to stick: “Judge drops class-action suit on Teflon cookware” [AP/Des Moines Register, WSJ, American Lawyer; earlier here and here]
- Asbestos litigation ramps up against Detroit automakers after bankruptcy of many earlier defendants [five years ago on Overlawyered; up-to-the-minute report from Kirk Hartley]
Posts Tagged ‘attorneys general’
State attorneys general vs. Craigslist
Things are getting serious, the newest report being that “South Carolina Attorney General Henry McMaster sent a letter to craigslist CEO Jim Buckmaster threatening company management with ‘criminal investigation and prosecution'”. Earlier here, here, etc.
New at Point of Law
If you’re not reading my other legal site, Point of Law, here’s some of what you’re missing:
- Taft-Hartley and the secret ballot in union-representation elections, part of a new category on labor law;
- Also, a new category on international law and international human rights law with coverage of such topics as the Harold Koh nomination, other lawprofs joining the Obama administration, the Alien Tort statute, the proposed Spanish prosecution of Bush administration lawyers, and piracy and international law;
- One form of executive pay they don’t care to limit: Senate rejects proposed $50 million ceiling on bounties paid to informants (“relators”) in federal whistleblowing suits;
- Pay-for-play in state drug-recoupment litigation: Pennsylvania, New Mexico furors just the start of much more to come;
- We’ve heard the line, “Want less litigation after the fact? Then support more regulation before the fact.” Here’s one of many reasons to take that with a grain of salt;
- “File case in Texas. Take plaintiff deposition. Dismiss case, and refile in California.” Asbestos litigation has some of the best forum-shopping gamesmanship;
- Plaintiff’s lawyers in California spent more than $4.1 million in that state’s 2007-2008 election cycle;
- Miranda warnings for company counsel?
Just the excuse they needed
After the much-publicized (and remarkably quickly solved) murder, state attorneys general demand the regulation of Craigslist.
“There wasn’t the slightest bit of pay-to-play here”
That’s Pennsylvania Gov. Ed Rendell on his no-bid hiring of a Texas plaintiff’s firm (and generous political donor) to sue Johnson & Johnson on contingency fee [Wall Street Journal editorial; Point of Law background here, here, here, here (Arkansas, and Bailey Perrin Bailey’s generous donations to the Democratic Attorney Generals Association (DAGA)), here, and here; ShopFloor].
P.S. And more reporting on the case from John O’Brien at U.S. Chamber-backed Legal NewsLine.
March 31 roundup
- Litigation over high-tech products is rife, but major benefits for consumers can be hard to discern [Low End Mac]
- “United settles with female ex-pilot who found p0rn in cockpits” [Obscure Store]
- California suit charges negligent “laying on of hands” at church service [Lowering the Bar]
- UN resolution against “defamation of religion” imperils free speech [Paula Schriefer, Freedom House/CSM, Steyn/NR “Corner”, National Secular Society (U.K.), Ilya Somin @ Volokh
- DivorceNetwork.com, social networking for those caught up in family law battles? [Ambrogi, Legal BlogWatch]
- Prosecutors behaving badly in Wayne County (Mich.), Miami, Santa Clara County [Radley Balko, Reason “Hit and Run”]
- After nine years, the notorious Bill Lerach California-unfair-competition-law suit against Kwikset (over several screws from Taiwan in a lock marked “Made in America”) finally winds down [California Civil Justice, earlier]
- Oklahoma AG Drew Edmondson to poultry companies: my pals will bankrupt you with massive verdicts unless you settle [Rizo/Legal NewsLine; more]
CPSIA chronicles, February 12
- Virginia Postrel, who understands both the world of design and the world of ideas, has one of the best pieces yet on the law at her Dynamist blog. “Not since the early 1970s, has ‘regulation’–the general idea, not a specific proposal–seemed so alluring.” And this particular regulation? “It’s completely nuts”. Deploring the general blackout on the story across large sectors of the media, she also has kind words for the “exemplary” coverage found in certain other places. (Thanks!) Read the whole thing.
- “We stopped selling over 1,000 items today because of CPSIA. No other online Catholic stores appear to be aware of the law.” [proprietor of Aquinas and More; earlier]
- Dilemma for overseas makers of children’s items: find tactful way to announce ban on sales to U.S. customers [Etsy thread]
- Trust us, they said: per columnist Glenn Cook with the Las Vegas Review-Journal, Majority Leader Harry Reid’s staff assured constituent Molly Orr “that some sort of broader fix is forthcoming”. Oh, well, then we can all relax. In the mean time, Congress refused to consider the reform proposal by Sen. Jim DeMint (R-S.C.) during the stimulus debate, and Public Citizen gloats.
- State attorneys general and CPSIA: they’ve got wide powers.
- To understand how we could wind up with a law as bad as this, it helps to keep an eye on the pronouncements of CPSC Commissioner Thomas Moore — you know, the one whose resignation Congressional leaders are not demanding. Rick Woldenberg nicely skewers some of the vacuities in Moore’s public statements, including an expression of irritation that compliance with the law by February 10 was proving unfeasible given that “certain Hill staffers were assured by various segments of the children’s product industry, that there would NOT BE A PROBLEM with meeting the 600ppm standard”. (For sure, that should have settled it! It’s not as if anyone deals in children’s products who didn’t have a lobbyist present.) And in the comments section on our vintage-books post, Valerie Jacobsen points to a Moore letter of Feb. 3 (PDF) in which he proposes that some undetermined proportion of children’s books printed before 1985 “should be sequestered” until more is learned about their possible health effects. Wow.
- Where do reporters Jayne O’Donnell and Liz Szabo of USA Today get the idea that foes of CPSIA “have given up fighting the need for” the law and instead are now just begging exemptions? I agree with Deputy Headmistress, the newspaper seems just to be “pulling this claim out of thin air“.
- Okay, so phthalates are going to be taken out of the mix for playthings and child care goods, just to be on the safe side. What’s going to replace them, and are those replacements going to be more or less safe than phthalates were? For more on the tendency to substitute one risk for another, Google “MTBE” or “Tris” “sleepwear” or “cyclamates” “saccharin” “comparative risk”;
- Per Carrie Lundell, the new CPSC guidelines will permit crafters of kids’ clothing to pursue their dream freely so long as the garments have no closures or embellishments of any kind. Caftans all around! More comic relief, if you call it that: Jon Stewart “Daily Show” forum, “Fenrislorsrai” and commenters (“If your 12 year old is eating lightbulbs out of a microscope, you have more serious issues.”); Smothering Parents of America Association video, DollarMovies at YouTube;
- Blog treatment includes more from John Holbo at Crooked Timber, several posts at Popehat, Wacky Hermit on Thoreau and unjust laws, Charles Kuffner/Off the Kuff, Scholars and Rogues, Executive Pagan, Scott Greenfield;
- A reminder: if you’re just catching up with the story, our full archive of CPSIA coverage is here. If you’d rather listen — and don’t mind something a couple of weeks old, which therefore doesn’t take into account some newer developments like the last-minute stay on enforcement of testing — With Love Designs recommends a “great podcast about the CPSIA – explains it in terms I understand.” (Aw.)
Image courtesy ShopFloor.
CPSIA roulette
Guess what? There are naturally occurring variations in lead content within a given run of metal alloy snaps, clasps or grommets. So even if all 20 that you test happen to score below CPSIA’s permitted threshold, you may still wind up incorporating some that fail into your line of garments. And the first you hear about that may be the press release from the state attorney general or private operator angling for settlement money. Aren’t you glad CPSIA was written to include such harsh penalties for inadvertent and unintended violations?
Update: charges dropped against Paul Jacob
SSFC had the story last month about Oklahoma AG Drew Edmondson’s prosecution of Jacob for hiring out-of-state petition circulators. Brian Doherty at Reason has the update.
Daily Roundup 2008-12-28
Daily Roundup sounds better than Microblog, if you ask me.
- I thought we already had a gas tax. Farmers protest EPA plans to tax greenhouse gas “emissions” from cattle (Via Skippy the Bush Kangaroo, who will probably have to come up with a new name in a few weeks);
- Another way to reduce discrimination against fat people: taxpayer funded stomach stapling;
- Navy settles anti-sonar environmental lawsuits filed by Natural Resources Defense Council. I can’t tell from reading this AP story precisely what good the settlement will do for the Navy, or for whales, porpoises, and dolphins, but it appears money is changing hands;
- This explains a lot: former attorney general John Ashcroft makes his best decisions “when I have a lot of morphine in my system” (Via Classical Values);
- A perfect season for the Detroit Lions;
- You’re a mean one Mr. Grinch: Alabama man sets own home ablaze in rage over not receiving Christmas presents;
- Newspapers are receiving and printing outsourced, slanted opinion pieces for free. Question: how does this differ from blogging? Answer: I’m wearing pajamas (well, a sweatshirt and sweatpants), as I write this, and I have a dog in my lap. Presumably the outsourced writers wear business casual in a fur-free environment;
- If you read the European libertarian blog Samizdata, send good wishes to Brian Micklethwait, one of their best writers, who has unfortunate news to report.
Tomorrow, I predict that somewhere, someone will be sued.