- ADA mills continue to extract money from California small businesses with no legislative relief in sight [Auburn Journal, Andrew Ross/S.F. Chronicle, KABC (James Farkus Cohan), WTSP (Squeeze Inn owner speaks out), CJAC (Lungren proposal) and more, Chamber (San Francisco coffee shop’s woes, auto-plays video)] Profile of attorney Thomas Frankovich [California Lawyer];
- EEOC sues employer for turning away job applicant on methadone program [Jon Hyman]
- “Maryland high court: allergy is disability requiring accommodation” [PoL]
- “Suits could force L.A. to spend huge sums on sidewalk repair” [Los Angeles Times]
- Under gun from Department of Justice and SCOTUS Olmstead ruling, Virginia and other states agree to massive overhaul of services for developmentally disabled; not all families, though, are happy with the insistence on relocating residents of large facilities to smaller “community” settings [Richmond Times-Dispatch, McDonnell press release, Norfolk Virginian-Pilot, Staunton News-Leader]
- “New Case from W.D. Tex. Shows Effect of ADAAA on Back Injury Claims” [Disability Law]
- Lawyer leads effort to give disabled passengers wider rights to sue airlines [Toledo Free Press]
Posts Tagged ‘California’
“Do Not Point Gun At Own Face”
Kevin at Lowering the Bar wonders whether there’s a need for a California-specific warning.
January 31 roundup
- Latest of periodic Towers Watson (formerly Towers Perrin/Tillinghast) surveys: tort costs fell in 2010 excluding oil spill liability [Towers Watson]
- “Will Newt Neuter the Courts?” [James Huffman, Defining Ideas] Obama’s high court appointees are fortunately friendlier toward civil liberties than he is [Steve Chapman]
- Unanimous Cal Supremes: companies not legally responsible for other companies’ asbestos products used as replacement for theirs [Cal Biz Lit, Jackson, Beck, Mass Tort Prof]
- Claim: jurors considered policy implications of verdict and you can’t have that [On Point; defense verdict in Baltimore, Maryland school-bullying case]
- Airfare display mandate: “‘Protecting’ Consumers from the Truth About the Cost of Government” [Thom Lambert, TotM]
- Critical assessment of AP-backed new copyright aggregator “NewsRight” [Mike Masnick] Promises not to be “Righthaven 2.0” [Cit Media Law]
- Restatement (Third) of Torts drafters vs. Enlightenment scientific views of causation [David Oliver in June]
Nutella class action settlements
Some things about the nationwide settlement — including a prospective $3.75-million attorneys’ fee for prosecuting a “truly BS claim” against the maker of the chocolate-nut spread over nutritional disclosures — stick in Russell Jackson’s craw. He doesn’t care for the separate, California-specific scoopful either (earlier here, etc.)
Blue-ribbon excuses: shoplifting California lawmaker
Assemblywoman Mary Hayashi (D-Hayward), who chairs the Committee on Business, Professions and Consumer Protection, has “pleaded no contest to charges that she tried to walk off with $2,500 in clothes.” [L.A. Times via Amy Alkon] “Hayashi spokesman Sam Singer has called the incident ‘a mistake and a misunderstanding.'” [Dublin Patch, KGO] “Hayashi’s attorney, Douglas Rappaport, told reporters that the lawmaker is taking medication for a benign brain tumor and that the ailment may have been responsible for her behavior.” But that doesn’t mean she’ll be taking a medical leave from her duties: according to her attorney, the tumor “is being treated with medication and no longer affects her,” reports the Sacramento Bee, which continues in a skeptical vein: “Medical experts said Monday that it is very rare, however, for a brain tumor that does not require surgery to influence behavior so significantly.” “I am confident that with the close of these proceedings, she will continue to ably serve her constituents with the same talent and passion she has displayed throughout her time in office,” wrote Assembly Speaker John Pérez in a supportive statement.
January 11 roundup
- California’s Prop 65 and the numbness of overwarning [Tung Yin via Bainbridge]
- Time to kill off medical-method patents [Alex Tabarrok, Medical Progress Today]
- Spite decoration: “Gretna fence squabble continues in bitter fashion” [NOLA.com, Louisiana]
- “The Problem With Immigration Lawyers and How to Fix It” [Dzubow/Asylumist via Legal Ethics Forum]
- “Are NYC transit bus drivers prevented from calling police?” [Turkewitz]
- “Circumvention tourism” is travel intended to sidestep medical regulation [Glenn Cohen, Prawfs]
- Abolition of wasteful, arrogant California redevelopment agencies has Tim Cavanaugh ready to kiss a nurse in Times Square [Reason, similarly Gideon Kanner and Steven Greenhut]
Environmental law roundup
- Peter Schweizer: “To RFK, Jr: I’m No Sock Puppet, But You Sir Are a Bootlegger” [Huffington Post; some background on America’s Most Irresponsible Public Figure®]
- Will legal campaign succeed in shutting down natural gas fracking? [WLF, David Oliver, CL&P, Abby Wisse Schachter/NYP]
- Nice work if you can get it: key figure in dubious Chevron-Ecuador expert report slated for National Academy of Sciences reappointment [WizBang, earlier]
- EPA’s move-cement-production-to-China plan runs into uncooperative judge [Josiah Neeley, Daily Caller]
- Spare that tree? Environmentalists battle Montana underbrush clearance aimed at preventing catastrophic fires [William Perry Pendley, MSLF] More on trees and power outages in Connecticut [WSJ, related earlier]
- New book on Endangered Species Act reform [James Burling, Federalist Society]
- Rural property owners foot the bill for California green policies [Steven Greenhut]
- “What are you in for?” “Backed-up toilets” [Shannen Coffin, NRO]
November 16 roundup
- Sure, let’s subvert sound mortgage accounting in the name of energy efficiency. What could go wrong? [Mark Calabria, Kevin Funnell]
- California: fireworks shows are “development” and coastal commission can ban ’em [Laer Pearce, Daily Caller]
- Trial lawyers’ lobbyist: I got Cuomo to bash Chevron in Ecuador case [John Schwartz, NYT]
- Politics of intimidation: “jobs bill” advocates occupy office of Sen. Minority Leader McConnell (R-Ky.) [ABC News] Union protesters invade Sotheby’s during big auction [NYObserver] “Occupy Denver protesters try to storm conference of conservative bloggers” [Denver Post] “What’s the matter with Oakland?” [Megan McArdle] Post-’08 downturn, not wealth of the few, at root of economic woes [Steve Chapman] “Bohm-Bawerk forget to include [Ms. Katchpole] in his commentaries on sundry theories of interest.” [Tyler Cowen]
- New breakthroughs in abundant energy aren’t welcome to some [NYT “Room for Debate”] Is GOP wrong to make EPA an issue? [Michael Barone]
- After extracting $450,000 settlement, employee admits falsifying whistleblower evidence in oil filter antitrust case; class action suits continue [Bloomberg, Abby Schachter/NYPost via PoL]
- Least surprising Washington-DC-datelined story of year: “Medical malpractice reform efforts stalled” [Politico]
November 8 roundup
- Washington Post pundit Dana Milbank’s lament: Obama isn’t doing enough to intimidate opponents [David Boaz, Cato]
- FDA defends itself against rising criticism on drug and device approval [NYT] NYT approaches the issue with a curious slant [Paul Rubin]
- California courts: what makes you think we need to follow SCOTUS on arbitration? [Cal Biz Lit, more, Russell Jackson] Senate anti-arbitration hearing could have used more truth in advertising [PoL]
- Pols want to fast-track favored L.A. stadium against environmental suits under California’s obstructor-friendly CEQA. Hmmm… why not fast-track everyone else too? [Gideon Kanner, Stephen Smith, SCPR, Paul Taylor, Examiner]
- State law forbids use of deadly force in defense of business property: “Burglar’s family awarded $300,000 in wrongful death suit” [Colorado Springs Gazette]
- One reason the Ninth Circuit may go off on more frolics: three-judge, one-clerk bench memos [Kerr]
November 4 roundup
- “Kentucky antidiscrimination law doesn’t bar discrimination based on litigiousness” [Volokh]
- “Lawyer sues to stop fireworks show; now wants $756K in fees from taxpayers” [CJAC, San Diego]
- Leahy bill reauthorizing VAWA (Violence Against Women Act) includes language codifying OCR assault on campus due process [Bader, Daily Caller, Inside Higher Ed, FIRE, earlier here, here]
- “One-Ninth the Freedom Kids Used To Have” [Free-Range Kids] “WARNING: Baby in pram! Anything could happen!” [same]
- New Zealand considers criminalizing breaches of fiduciary duty [Prof. Bainbridge]
- From libertarian Steve Chapman, a favorable rating for Rahm Emanuel as Chicago mayor [Chicago Tribune]
- Did California privacy legislation just regulate bloggers? [Eric Goldman, Paul Alan Levy]