- Another dubious lawsuit blaming terrorism on social media from law firm with phone number for a name [Tim Cushing]
- Courts reverse two big talc/baby powder jury verdicts against Johnson & Johnson [Tina Bellon and Nate Raymond, Reuters ($417 million, California); Insurance Journal ($72 million, Missouri)]
- “US-Based Tech Companies Subject to Worldwide Jurisdiction as Judicial Comity Takes a Back Seat” [Moin Yahya, WLF on Supreme Court of Canada’s decision in Google v. Equustek Solutions]
- Richard Epstein wrote the Encyclopedia of Libertarianism’s entry on liability, tort and contract;
- Asbestos: “Judges and juries should learn about a plaintiff’s entire exposure history so they can apportion liability appropriately.” [Phil Goldberg, Forbes]
- Study of contingent fee litigation in New York City: few cases resolved on dispositive motions, lawyers nearly always take the maximum one-third permitted by law [Eric Helland et al., forthcoming Vanderbilt Law Review/SSRN]
Posts Tagged ‘Canada’
In Ontario, a new Test Act?
According to the Ontario bar association, all lawyers “must prepare and submit a personal ‘Statement of Principles’ attesting that we value and promote equality, diversity and inclusion.” Bad idea: “In free countries, law governs actions rather than expressions of beliefs. People can be required to obey the speed limit and pay taxes, but they may not be compelled to declare that the speed limits are properly set or that taxes are a good thing. The Supreme Court of Canada has said that forcing someone to express opinions that they do not have ‘is totalitarian and as such alien to the tradition of free nations like Canada, even for the repression of the most serious crimes.'” [Bruce Pardy, National Post]
“Canada may legalize drunken canoeing”
Impaired operation of a powerboat can easily pose dangers for other watercraft and water users. Canoes, probably not so much. A proposed change would also exclude from “vessel” such muscle-powered conveyances as kayaks and inflatable rafts. [Lowering the Bar; update]
Canada’s inquiry into wrongful climate advocacy
A Canadian government agency investigated three organizations accused of “climate denial” for 14 months after Ecojustice, a leading environmental pressure group, sought criminal charges [Lorrie Goldstein, Toronto Sun] While the bureau eventually discontinued the probe in June, citing “available evidence, the assessment of the facts in this case, and to ensure the effective allocation of limited resources”, it reserved the option to reopen it “should it receive relevant new information from the public.” We have followed the efforts of state attorneys general including New York’s Eric Schneiderman and Massachusetts’s Maura Healey to attach legal consequences to improper advocacy on climate topics; see also our free speech in Canada tag.
Labor law roundup
- Interesting admission by Canadian unionist: right-to-work laws in U.S. states “are bleeding jobs out of Canada.” [Adrian Morrow, Globe and Mail, reporting that Canadian NAFTA negotiators are seeking to persuade their American counterparts to enact a federal ban on such state laws]
- And another try: unions challenge right to work laws in court as a “taking” of their property [Lyle Denniston, Constitution Center, earlier]
- “D.C. Circuit Calls Out NLRB in Ruling on Union Access to Employer Property” [Minal Khan, Barnes & Thornburg, John Doran, Sherman & Howard (“epic benchslap”), on Janice Rogers Brown opinion in Fred Meyer Stores v. NLRB]
- Study confirms that “unionization is negatively related to job satisfaction.” Selection effect, causal effect, both? [Patrice Laroche, Harvard Business Review]
- Encylopedia of Libertarianism, published in 2008 and now free online from Cato, has an article on labor unions by Charles Baird;
- First Circuit upholds 2011 NLRB flip-flop: union in successor employer situation entitled to “reasonable period” of not having its representation challenged no matter what employees may wish [NLRB v. Lily Transportation]
July 26 roundup
- “It’s time for our justice system to embrace artificial intelligence” [Caleb Watney, Brookings]
- Ontario woman named vexatious litigant and barred from filing lawsuits without leave tells newspaper “to hold off on publishing her story until all of her matters before the court were concluded, or else” [Jesse McLean and Emily Mathieu, Toronto Star]
- Psittacine hearsay? Parrot said to have repeated “don’t (expletive) shoot” in murder victim’s voice; wife convicted [AP/Detroit News] “The parrot was not involved in any court proceedings.” [Evening Standard (U.K.)]
- Pennsylvania’s abuse-of-process law, not particularly strong in the first place, survives a challenge [Hillary Hunter, WLF]
- No, that’s not how the law works. Sanctions next? “Baton Rouge police officer injured in deadly ambush sues Black Lives Matter” and five leaders of it [CBS]
- “When the first section heading of an opinion is ‘Design Basics and the Art of the Intellectual Property Shakedown,’ you can probably guess how things are going to turn out for Plaintiff Design Basics, LLC.” [John Ross, Short Circuit on this Seventh Circuit case]
Pronoun prescription in Canada
“Few Canadians realize how seriously these statutes infringe upon freedom of speech. The Ontario Human Rights Commission has stated, in the context of equivalent provisions in the Ontario Human Rights Code, that ‘refusing to refer to a trans person by their chosen name and a personal pronoun that matches their gender identity … will likely be discrimination when it takes place in a social area covered by the Code, including employment, housing and services like education.'” [Bruce Pardy, National Post] We noted the New York City Human Rights Commission’s similar guidance last year.
Playing the legal system like a violin while moving from victim to victim
In court a lot: “The Rise and Fall of Toronto’s Classiest Con Man” [Michael Lista, The Walrus]
May 17 roundup
- Deadline passes for repeal of Obama-era regulations through the Congressional Review Act, at least those that were properly reported to Congress at the time [David Jordan and Nia Prater, Medill/Charlotte Observer, I’m quoted]
- “Removal of Trump’s Muslim Comments Raise Travel Ban Questions” [Cogan Schneier, National Law Journal, and thanks for quote]
- What happened to the ACLU? [Wendy Kaminer/Alan Dershowitz, WSJ]
- Canada’s Charter allows for override of judicial rulings, and 2015 Canadian Supreme Court
ruling finding a constitutional right to strikes in essential public services would make a good occasion for it [Conrad Black, National Post, with a further discussion of the native residential schools issue] - New Jersey legislature passes a bill, which Gov. Chris Christie then vetoes, banning couples both 17 year old from marrying each other even when both sets of parents or a judge approve [Daily Caller; CBS News report quotes no critic of the idea]
- Protesters from inauguration-trashing DisruptJ20 among those at home of FCC chairman: “Alt-left targets Ajit Pai” [Elizabeth Harrington, Washington Free Beacon]
Arrive home safely, go to bed, get arrested for DUI
“If Canada’s new impaired driving laws are passed police could show up on your doorstep — up to two hours after you arrive home — to demand a breath or saliva sample.” The proposals would “[drop] the requirement that officers must first have reasonable suspicion before demanding a breath test,” and shift to the accused the burden of proving that the timing of drinking as reflected in a breath test was legally innocent. Critics predicted a challenge under the Canadian Charter of Rights and Freedoms to the changes, “which were announced the same day the federal government unveiled its bill to legalize marijuana.” [Bryan Labby, CBC]