Rick Woldenberg talks back to the California attorney general, and also raises some questions about Proposition 65 and the finances of the freelance enforcers in the case, the Center for Environmental Health (CEH). Two years ago we covered CEH’s crusade against the iPhone. More: Darleen Click/Protein Wisdom and a followup from Woldenberg.
Posts Tagged ‘Jerry Brown’
November 2 roundup
- Worst, most dangerous legal trend of the moment: trial lawyers continue big Capitol Hill push to overturn Supreme Court’s valuable Iqbal and Twombly decisions on lawsuit procedure [Point of Law and more, Thomas Dupree/WLF, Beck & Herrmann and more, earlier]
- Lawyers rush to courthouse to beat deadline for new Oklahoma limits on liability suits [Tulsa World]
- Spokesman for Attorney General Jerry Brown admits he’s taped reporter conversations without their consent, seeming violation of California law [SF Chronicle]
- UK: motorist could face prosecution for splashing kids by driving through puddle, at what she says was kids’ request [BoingBoing]
- “Is the pay czar unconstitutional?” [Bainbridge on McConnell, WSJ; Ribstein on link to PCAOB case]
- More “deceptively named fruity cereal” suits in California [Lowering the Bar (“I still think this is like claiming emotional distress because you just learned ‘The Hobbit’ isn’t a true story,”) Ken at Popehat (“Froot of the Poisonous Tree of Litigiousness”), earlier here, here, here, here, etc.]
- A city of stool pigeons: Chicago to pay those who inform on tax cheats [NBC Chicago]
- Ill-fated stint as pole dancer leads to lawsuit against Arizona bar [Above the Law]
California Attorney General Weighs in on Proposition 8
Not surprisingly, given that the office is occupied by former “Governor Moonbeam” Jerry Brown, he feels that the amendment barring same sex marriage should be invalidated. Also not surprisingly, given that it’s Governor Moonbeam, he takes a novel approach to the argument, one that libertarians may like: that same sex marriage is an inalienable right which cannot be taken away even by constitutional amendment. (The fighting Ninth Amendment to the United States Constitution does not appear to be cited, as it’s a matter of state law).
Kip Esquire, who is a libertarian and who strongly favors same sex marriage rights, has given Brown’s arguments a thorough review, and seems unimpressed. Key criticism:
If I were Kenneth Starr (in the sense of, “if I were as insolent and snarky as Kenneth Starr is”), then I would simply respond with something like this: “What the Attorney General is apparently suggesting is that the California Constitution — is unconstitutional. That simply cannot be right.”
More analysis of the Brown brief may be found at Mr. Esquire’s site.
Regulating potato chip recipes
Readers will recall that acrylamide is a naturally occurring substance formed when many foods are browned or otherwise cooked and that (like countless other constituents of common foods) it appears to cause cancer in some animals at high dosages. California attorney general Jerry Brown has now reached a settlement with some large food companies that will require them to revise recipes for potato chips, French fries and other wares to reduce acrylamide content. Fun fact: one of the ways they may accomplish this goal is by artificially adding a chemical (OK, an enzyme) which works to neutralize acrylamide’s precursors. (Rosie Mestel, “Booster Shots” blog, L.A. Times, Aug. 4).
More: Bill Childs adds, “Oh, and the companies will pay California around $2.5 million.”
June 5 roundup
- “I believe it’s frivolous; I believe it’s ridiculous, and I believe it’s asinine”: Little Rock police union votes lopsidedly not to join federal “don/doff” wage-hour lawsuit asking pay for time spent on uniform changes [Arkansas Democrat Gazette courtesy U.S. Chamber]
- Must-read Roger Parloff piece on furor over law professors’ selling of ethics opinions [Fortune; background links @ PoL]
- Too rough on judge-bribing Mississippi lawyers? Like Rep. Conyers at House Judiciary, but maybe not for same reasons, we welcome renewed attention to Paul Minor case [Clarion-Ledger]
- American Airlines backs off its plan to put Logan skycaps on salary-only following loss in tip litigation [Boston Globe; earlier]
- U.K.: Infamous Yorkshire Ripper makes legal bid for freedom, civil liberties lawyer says his human rights have been breached [Independent]
- In long-running campaign to overturn Feres immunity for Army docs, latest claim is that military knowingly withholds needed therapy so as to return soldiers to front faster [New York Rep. Maurice Hinchey on CBS; a different view from Happy Hospitalist via KevinMD]
- Profs. Alan Dershowitz and Robert Blakey hired to back claim that Russian government can invoke U.S. RICO law in its own courts to sue Bank of New York for $22 billion [WSJ law blog, earlier @ PoL]
- Minnesota Supreme Court declines to ban spanking by parents [Star-Tribune, Pioneer Press]
- Following that very odd $112 million award (knocked down from $1 billion) to Louisiana family in Exxon v. Grefer, it’s the oil firm’s turn to offer payouts to local neighbors suffering common ailments [Times-Picayune, UPI]
- AG Jerry Brown “has been suing, or threatening to sue, just about anyone who doesn’t immediately adhere” to his vision of building California cities up rather than out [Dan Walters/syndicated]
- Virginia high school principal ruled entitled to disability for his compulsion to sexually harass women [eight years ago on Overlawyered]
April 24 roundup
- Telemarketers working for lawyers and chiropractors “line up every day” at police and public records offices to buy car-crash records [Dallas Morning News]
- Nice work if you can get it: Bernardine Dohrn’s terrorist-to-lawprof career track [Kass, Chapman @ Chicago Tribune, Ed Morrissey/HotAir, PoL, Horowitz/DtN, Daily Northwestern/FrontPage, Malkin, Power Line]
- Mystery of embattled Florida debt-relief law firm Hess Kennedy (Mar. 6) deepens as whereabouts of lawyer Edward Kennedy are questioned [ABA Journal]
- Criticism mounts of Calif. AG Jerry Brown’s lawsuits using global warming theories to force higher-density development [Stewart/LA Weekly, Walters/SacBee, via Kaus, scroll]
- Kevin Pho (KevinMD.com) on defensive medicine [USA Today]
- Colorado firm says lawsuit’s “settlement mill” allegations are concocted “by a competitor who doesn’t like (Azar’s) advertising.” [Colorado Springs Gazette]
- Hey, you can rig up a disposable camera to give you a little shock; it might also give you a D felony record under school zero tolerance [WTNH via Greenfield]
- One good thing about those anonymous snitchlines for domestic abuse, you don’t have to worry about bogus calls or anything like that [Colorado Springs Gazette on Texas polygamist raid backstory]
- Lawyers get $2 million in fees in Netflix class action [WSJ law blog; earlier]
- Supreme Court refuses cert on that very curious $112 million (originally $1 billion) land-contamination verdict from Louisiana [Exxon v. Grefer, Dow Jones/Fortune; CalPunitives link roundup; earlier; more background at Laura Hart/Louisiana Law Blog]
- Cow-pie bingo event falls victim to liability fears [three years ago on Overlawyered]
February 5 roundup
- John Ritter’s family has already received $14 million in settlements, seeking $67 million more in medical malpractice litigation for ER failure to diagnose rare heart condition. Dr. R.W. Donnell thinks they’re wrong. [LA Times; USA Today; Kevin MD; Turkewitz; Overlawyered Sep. 2004]
- Speaking of the celebrity bonus in litigation: as M.E. e-mailed me, “Cheek rides again”; Wesley Snipes acquitted of tax felonies, though convicted of misdemeanors, and still on the hook for $17 million in taxes plus penalties. [NY Times; earlier]
- California AG Jerry Brown continuing bogus carbon dioxide “public nuisance” lawsuit against automakers [Stirling & Sandefur @ Investor’s Business Daily; earlier]
- Words-only criminal obscenity prosecution. [WSJ Law Blog (and farewell to Peter Lattman)]
- In the category of gambits we’re sympathetic to, but are unlikely to succeed: East Texas burger restaurant tries mandatory-arbitration-by-posted-window-notice [TortsProf]
- Mikal Watts puff piece [Corpus Christi Caller-Times]
“Judge tosses global warming lawsuit against car makers”
A major rebuke for former California AG Bill Lockyer and his successor, Jerry Brown, as well: “A federal judge in San Francisco today threw out a lawsuit filed by the state Attorney General’s office against the six largest automakers in what had been billed as a novel attempt to hold the companies financially liable for global warming. … U.S. District Judge Martin Jenkins said it would be inappropriate for the court to wade into issues pertaining to interstate commerce and foreign policy – matters that should be left to the political branches of government.” The judge’s order can be found here (PDF). (Henry K. Lee, San Francisco Chronicle, Sept. 18)(cross-posted from Point of Law).
September 13 roundup
- Pearson Pants update: dry cleaners offered to drop their fee demand if Pearson would end case, but he declined [Marc Fisher, other Washington Post coverage, Beldar]
- Check your oil, ma’am? On second thought, if it’s going to get us sued, never mind [Reiland/Pittsburgh Tribune-Review]
- “Surprising and uncommon” resolution of med-mal case: Nebraska Methodist Health System admits error, cooperates with family on video memorializing victim and educating other hospitals about aortic dissection [Omaha World-Herald, Chamber reprint]
- Heated email exchange between perennial Overlawyered favorite Jack Thompson and Take Two game company exec [Ambrogi]
- Putting her image on a Hallmark card? Now that’s degrading and exploitative enough to make Paris Hilton want to sue [K.C. Star]
- Uncle sues nephew over season tickets to Chicago Bears at 40-yard line [Crain’s Chicago Business]
- Hurt her teeth on McDonald’s cherry pie, hurt her teeth on cheeseburger soon after — and what’s this about forged dental-work receipts? [Seattle Times]
- Wisconsin snuff users may soon be rolling in coupons following settlement of antitrust class action, lawyers to pocket $17 million [AP/Green Bay Press-Gazette]
- New at Point of Law: fiasco of UC Irvine’s withdrawn offer to Chemerinsky; judge says $500/hr is enough for lawyers in Northwest bankruptcy; law firm advertises for heart attack victims to sue over lack of defibrillators in public places; Astroturf detected in Washington-state insurance-suit referendum fight; NY Times takes skeptical look at Mount Sinai’s Selikoff Center; Jerry Brown sure fooled us, says San Diego paper; Ted expands his empire; and much more;
- A topic on which we’ve had a lot to say over the years — to what extent does the Americans with Disabilities Act apply to websites? — may be heating up again [Corporate Counsel]
- Thanks for the incoming links from, among others, Instapundit (on Ted’s reclining-car-seat post, which has drawn a bodacious number of comments), Patterico (on Jarek Molski), Bainbridge (on animal welfare laws), and Adam Smith Institute (on lawyers suing each other: “Such a pity that only one side can lose”.)
July 23 roundup
- Not sure you’ve got probable cause for your motorist stop? Why not just fabricate it? [Grits for Breakfast]
- California Attorney General Jerry Brown cracks down on a prolific filer of Prop 65 (toxic warning) cases, New Canaan, Ct.-based Clifford Chanler [The Recorder]
- Man mounts San Francisco rooftop with apparent “self-destructive” intent, rescue effort by firefighters fails, now family’s suing the city [SF Chronicle]
- Why Mort Zuckerman says the law is the opposite of sex [Lattman, from offline New Yorker mag]
- Who’s stirring the pot on client litigation against big law firm Hogan & Hartson? [Lat] Update: it’s a former client [Turkewitz]
- Some top judges in Australia embarrassed after confessing activist leanings to an American academic who was writing it all down [The Australian]
- Cost of defending against a white-collar crime prosecution: seven figures if you’re lucky [Lattman via Lat]
- New at Point of Law: chiding Supreme Court Chicken Littles, more on Canadian sovereignty and the Conrad Black trial, reasonable degrees of expert witness certainty, making litigation instead of steel, Michael Krauss criticizes Virginia Tech compensation fund;
- If you can’t do something about the falling petals, maybe your flower shop shouldn’t be in the train station [U.K. Telegraph]
- Illinois tells lawyers to hire a doctor to certify merit of med-mal claim, but permits that doctor to remain anonymous [three years ago on Overlawyered]