Upland, Calif.: “A California family is stumped about what to do with a live-in nanny they say refuses to work, refuses to be fired and refuses to leave. In fact, Marcella Bracamonte claims that the nanny, Diane Stretton, has threatened to sue the family for wrongful firing and elder abuse.” Stretton’s hiring agreement with the Bracamontes entitles her to room and board as part of her compensation, but she now indicates that she is suffering a disability and stays mostly in her room, the couple says. After the dispute arose the Bracamontes discovered that Stretton is on the state vexatious-litigants list and has been involved in at least 36 lawsuits; police say because Stretton is in residence it is a civil matter, but a judge threw out the couple’s initial eviction attempt, saying they had not filled out a quit notice correctly. [ABC News, auto-plays video ad; CBS Los Angeles] In September of last year, whether coincidentally or not, California Gov. Jerry Brown signed into law the so-called California Domestic Workers’ Bill of Rights, affording domestic workers substantially more legal leverage in disputes with their employers. [SCPR] (& Scott Greenfield, with commenters)
Posts Tagged ‘California’
June 12 roundup
- John McGinnis: As information technology disrupts the legal profession, will lawyers’ clout decline? [City Journal]
- Law schools, especially of the more leftward persuasion, collecting millions of dollars in cy pres lawsuit diversions [Derek Muller]
- Who’s still defending embattled medical examiner Steven Hayne? Mississippi attorney general Jim Hood, for one [Radley Balko, earlier here, here, here]
- Life in America will become more drab if Campaign for Safe Cosmetics gets its way [Jeffrey Tucker via @cathyreisenwitz, earlier on “CPSIA for soap”]
- LSAT settled with DoJ demands re: disabled accommodation back in 2002 and again just now, and the differences between the two settlements tell a story [Daniel Fisher, earlier] Some prospective students will be losers [Derek Muller]
- “‘Swoop and Squat’: Staged car accidents, insurance fraud rise in L.A.” [Los Angeles Times]
- Toughen duty for California psychiatrists to inform on dangerous patients? Awaiting backfire in three, two, one… [Scott Greenfield]
“I’ve talked to a lot of business people and they’re very afraid”
California law provides unusually favorable financial rewards for ADA complaints, and the state’s legislature has largely ignored years’ worth of pleas from small businesses for relief from serial complainants. So John Perez is no longer taking walk-in customers [Manteca Bulletin]:
Ever since Carmichael-based lawyer Scott Johnson slapped civil rights lawsuits against at least 21 Manteca businesses seeking punitive damages for allegedly being out of compliance with Americans with Disabilities Act access rules he’s been locking the front door to his South Main Street cabinet shop, Perez & Sons.
Johnson (earlier on him here and here) has announced his intent to sue The Hair Company for at least $68,000 although owner Janice Ward says none of her handicapped customers have ever complained. “A good number of the targets of Johnson’s 3,000 lawsuits throughout Northern California over the years have been forced out of business.”
Public employment roundup
- What is pay? What is wealth? And who (if anyone) should be envying whom? [David Henderson]
- LIRR disability scammer gets probation, will repay lost $294K at rate of $25/month [Lane Filler, Newsday]
- Costly license plate frame can help buy your way into California speeders’ nomenklatura [Priceonomics]
- Ohio school superintendent who illegally used public moneys to promote school tax hike won’t face discipline [Ohio Watchdog]
- Last-in, first-out teacher dismissal sacrosanct in California [Larry Sand]
- “Los Angeles Inspector Convicted of Bribery Keeps $72,000 Pension” [Scott Shackford]
- Heart and lung presumption is an artificial construct that drives municipal budgets for uniformed services [Tampa Bay Times]
May 30 roundup
- Gabriel Kolko: “A historian who understood why big business wanted regulation” [Tim Carney, Washington Examiner, earlier]
- Thumbing nose at Hill, Interior Dept. moves to tribalize native Hawaiians by decree [Ilya Shapiro, NACRP, related PDF, Hawaii Free Press, also, background]
- Cellphone 911: “Safety Mandates That May Reduce Safety” [Coyote]
- Liability-expanding California decision: knowing breach of a material contractual provision may trigger state False Claims Act [Sidley] Plus Chamber’s ILR on state False Claims Acts and more;
- Feds to GM: write smoking-gun memos for trial lawyers’ benefit, or else [Daniel Fisher; more on $35 million NHTSA fine at WSJ, National Law Journal, background on Toyota]
- Child-grabbing in safety’s name: “CPS and Free-Range Parents” [David Pimentel 2012 via Free-Range Kids]
- Maryland Court of Appeals affirms denial of class certification over $29.64 wage garnishment [decision in Marshall v. Safeway, PDF via Michael Schearer]
Schools roundup
- California voters thought they’d reined in don’t-hurry-on-English “bilingual” instruction methods, but legislators have other ideas [Steven Greenhut, San Diego Union-Tribune]
- “Report: Too Much Regulation Is Hurting Scientists” [Inside Higher Ed via Instapundit; two earlier federal surveys “found principal investigators spend 42 percent of their time on administrative tasks”]
- This should end well: Mayor de Blasio hands keys to NYC school system over to teacher’s federation [NY Daily News]
- “How the Media Again Failed on the Duke Lacrosse Story” [KC Johnson and Stuart Taylor, Jr.]
- Chicago: “Teacher Shows Kids Carpentry Tools, Gets Suspended on ‘Weapons’ Charge” [Lenore Skenazy, Free-Range Kids]
- On school discipline and zero tolerance, Eric Holder draws the wrong lessons [Hans Bader, CEI “Open Market”] “Prior problem behavior accounts for the racial gap in school suspensions” [Wright et al., Journal of Criminal Justice, PDF]
- “The little secret of public higher ed: it’s a massive transfer of wealth from lower to upper classes” [Roger Pilon, 2Paragraphs]
Labor and employment roundup
- “House Report criticizes EEOC for litigation before conciliation” [HRM America, attention-stirring Merrily Archer survey and more]
- Do you gripe about upward spiral of executive salaries? Do you want to force employers into fuller pay disclosure? Be aware of the tension between those two positions [Gary Shapiro of CEI, Daily Caller]
- Because the union is all about respect: Laborers/LIUNA brings giant inflatable rat to St. Louis funeral home [KTVI]
- Reality-based: “during five of last six federal minimum wage increases, nation fell into recession” [Thomas Firey, Cato via @scottlincicome] Minimum wage and automation [Ira Stoll, earlier]
- Minnesota legislature expands employer regulation under apple-pie heading of “Women’s Economic Security Act” [Courtney Ward-Reichard guest-posting at Daniel Schwartz’s] How well are state-mandated employee leaves working in California? [Coyote]
- “EEOC continues fight against severance agreements, while employers fight back” [Jon Hyman, earlier on CVS case]
- OSHA targets auto suppliers in South for enforcement crackdown, rationale to be supplied later [Sean Higgins, DC Examiner via Instapundit (“Well, he can’t come right out and say it’s about hurting non-union shops”)]
Politics roundup
- NY Assembly Speaker Sheldon Silver hangs blame for a retrospectively unpopular position on the *other* Sheldon Silver. Credible? [NY Times via @jpodhoretz]
- Julian Castro, slated as next HUD chief, did well from fee-splitting arrangement with top Texas tort lawyer [Byron York; earlier on Mikal Watts]
- 10th Circuit: maybe Colorado allows too much plebiscitary democracy to qualify as a state with a “republican form of government” [Garrett Epps on a case one suspects will rest on a “this day and trip only” theory pertaining to tax limitations, as opposed to other referendum topics]
- “Mostyn, other trial lawyers spending big on Crist’s campaign in Florida” [Chamber-backed Legal NewsLine; background on Crist and Litigation Lobby] “Texas trial lawyers open checkbooks for Braley’s Senate run” [Legal NewsLine; on Braley’s IRS intervention, Watchdog]
- Contributions from plaintiff’s bar, especially Orange County’s Robinson Calcagnie, enable California AG Kamala Harris to crush rivals [Washington Examiner]
- Trial lawyers suing State Farm for $7 billion aim subpoena at member of Illinois Supreme Court [Madison-St. Clair Record, more, yet more]
- Plaintiff-friendly California voting rights bill could mulct municipalities [Steven Greenhut]
- John Edwards: he’s baaaaack… [on the law side; Byron York]
- Also, I’ve started a blog (representing just myself, no institutional affiliation) on Maryland local matters including policy and politics: Free State Notes.
California: trial lawyers qualify initiative to overturn MICRA
MICRA, approved by California voters in 1974, limits noneconomic damage payouts in medical malpractice cases and has been the main reason medical liability insurance rates in the state are only in the middle of the pack nationally despite the state’s long-earned reputation as one of the most litigious in general. Focus-group research led trial lawyer advocates to tack on a provision prescribing drug testing for doctors to improve the measure’s chances [James Hay, San Diego Union-Tribune; Legal NewsLine and more; ABA Journal] Some predict that the impending lawyers-vs.-doctors battle, with various allies brought in on both sides, will be the most expensively fought ballot measure in history. Earlier coverage of MICRA here.
Supreme Court roundup
- Court will hear case of mariner charged with Sarbanes-Oxley records-destruction violation for discarding undersized fish [Jonathan Adler, Eugene Volokh, Daniel Fisher]
- SCOTUS goes 9-0 for wider patent fee shifting in Octane Fitness v. ICON and Highmark v. Allcare Health Management System Inc. [Ars Technica, ABA Journal, earlier]
- Constitutional principle that Washington must not give some states preference over others could face test in New Jersey NCAA/gambling case [Ilya Shapiro, Cato]
- Supreme Court grants certiorari in Dart Cherokee Basin Operating Co. v. Owens, a class action procedure case on CAFA removal [Donald Falk, Mayer Brown Class Defense Blog]
- “Supreme Court’s Daimler decision makes it a good year for general jurisdiction clarity” [Mark Moller, WLF, earlier] Decision calls into question “the jurisdictional basis for this country’s litigation hellholes” [Beck]
- How liberals learned to love restrictive standing doctrine [Eugene Kontorovich, more]
- “California Shouldn’t Be Able to Impose Regulations on Businesses Outside of California” [Ilya Shapiro on cert petition in Rocky Mountain Farmers Union v. Corey (fuel standards)]