Posts Tagged ‘New York’

New York chief judge rallies “Civil Gideon” campaign

But Ted Frank explains why creating a new entitlement to taxpayer-paid civil lawyers is a bad idea [New York Daily News, PoL]:

As any economist would tell you, if you lower the price of something, you get more demand for it. If it becomes completely costless to bring suit, we will see many more meritless suits.

That’s no small problem in New York, where courts are already overloaded.

If a dispute over shelter entitles a cantankerous tenant to a free attorney on the government’s dime, it will be much easier for people to fight evictions when they violate a lease in ways that threaten other tenants or intentionally refuse to pay rent. Landlords, in turn, will have to hire their own attorneys and raise rents and costs for their honest tenants.

Not unrelated: U.S. is granting asylum requests far more often than formerly. Why might that be? [Ted’s answer]

Filed under: asylum law, civil gideon, New York, Ted Frank

September 24 roundup

“Appeals court dismisses Oneida Indians’ 40-year-old land claim” [Syracuse Post-Standard; Howard Bashman links to more coverage including opinion; much more on the case in my forthcoming book]
When blogging, careful about using the sort of hypotheticals common in law school discussion [Kerr]
Beacon, N.Y.: Retro Arcade Museum falls victim to retro town ordinance banning pinball [NYT]
Prosecutor suspended from law practice over misconduct, which almost never happens [Greenfield]
George Mason U. Law & Econ Center unveils new website;
On Polinsky and Shavell’s “The Uneasy Case for Product Liability” [Beck, Drug & Device Law]
What did other defendants pay? “Company wants look at asbestos bankruptcy trust payments” [LNL, Maryland]
Measuring tape? The many items you’re not allowed to bring into Detroit’s City Hall [Amy Alkon]

Filed under: asbestos, Detroit, Indian tribes, New York, product liability, prosecution

September 9 roundup

“Bullying Busybody for Senate: How Connecticut’s attorney general beat Craigslist into submission” [Sullum, Harper] Blumenthal’s Senate campaign sputtering despite huge advantages [Jack Fowler, NRO] Lloyd Grove interview with challenger Linda McMahon [Daily Beast]
“How Much Does Defensive Medicine Cost? One Study Says $46 Billion” [WSJ Health Blog, NY Times] Plus: a cardiologist’s comment;
“Man sues over parking ticket, says it disclosed too much info” [Obscure Store, suburban Chicago Daily Herald]
New allegations emerge in much-discussed “rape by deception” case in Israel [FrumForum, earlier, an academic comments]
A Connecticut village turns down money from Hartford and tackles a historic preservation project on its own [me at Cato]
NY Governor signs bill giving housekeepers, nannies new powers to sue employers for overtime, vacations [Workplace Prof] Plus: Hans in comments wonders whether the duty to avoid “hostile environment” harassment will collide with the right of free speech on sexual matters taken for granted (heretofore, at least) in a home environment.
“Lawyers sue Facebook for letting kids like advertisements” [Gryphon, PoL]
Per his foes, Gilded Age NYC trial lawyer William Howe used onion-scented handkerchief to summon tears at command [five years ago at Overlawyered]

Filed under: Connecticut, Craigslist, defensive medicine, Facebook, Israel, New York, Richard Blumenthal, workplace

“Assembly Speaker Sheldon Silver’s firm gets cut of 9/11-suit payouts”

The New York Post has been doing some investigative journalism on the Ground Zero workers respiratory compensation settlement (more on expense filings).

Filed under: New York, Sheldon Silver

New York workplace-bullying law: “Bad bosses meet teacups”

New York lawmakers have now withdrawn a bill creating a new cause of action against employers for “bullying” in the workplace; Scott Greenfield, Victoria Pynchon, Jim Copland/E.J. McMahon, and Jon Hyman have some critical observations about the proposal. More coverage of the bill: Point of Law, McCormick/Workplace Prof, Employer’s Lawyer, and NLJRA (would apply to organizations of all sizes including small businesses).

Filed under: bullying, New York

August 12 roundup

“Father demands $7.5 million because school officials read daughter’s text message” [KDAF via CALA Houston]
How many different defendants can injured spectator sue in Shea Stadium broken-bat case? [Melprophet]
Prominent trial lawyer Russell Budd of Baron & Budd hosts Obama at Texas fundraiser [PoL]
DNA be damned: when actual nonpaternity doesn’t suffice to get out from under a child support order [Alkon, more]
“Sean Coffey, a plaintiffs’ lawyer-turned-candidate for New York Attorney General, made more than $150,000 in state-level campaign contributions nationwide over 10 years.” [WSJ Law Blog] “Days before announcing a shareholder lawsuit against Bank of America, state Comptroller Thomas DiNapoli accepted $14,000 in campaign donations from a law firm hired to help litigate the case.” [WSJ]
Big new RAND Corp. study on asbestos bankruptcy trusts may spur reform [Lloyd Dixon, Geoffrey McGovern & Amy Coombe, PDF, via Hartley, more, Daniel Fisher/Forbes, background here and here] Update: Stier.
Public contingency suits? Of course the elected officials are in control (wink, wink) [The Recorder via Cal Civil Justice]
Copyright enforcement mill appears to have copied its competitor’s website [TechDirt via Eric Goldman]

Filed under: asbestos, bankruptcy, Barack Obama, baseball, baseball bats, child support, contingent fee, copyright, Fred Baron, New York, politics, privacy, schools, shotgun defendant selection

Update: New York bill banning short-term rentals

Advocates have been hawking the ban in the state legislature as a tenant protection measure. To their dismay, however, Gov. Paterson has signaled that he intends to veto the bill. [NYT, earlier] The Times travel section had a story over the weekend praising the new kind of “Social B&B” arrangement as a welcome travel bargain, but the newspaper does not seem to have realized that there is any connection between its two articles.

Filed under: hotels, New York, New York Times

July 12 roundup

Kagan to senators: please don’t confuse my views with Mark Tushnet’s or Harold Koh’s [Constitutional Law Prof]
Too much like a Star Wars lightsaber? Lucasfilm sends a cease-and-desist to a laser pointer maker [Mystal, AtL]
Ottawa, Canada: family files complaint “against trendy wine bar that turned away dinner party because it included 3mo baby” [Drew Halfnight, National Post]
“House left Class Action Fairness Act alone in SPILL Act” [Wood/PoL, earlier]
Not so indie? Filmmaker doing anti-Dole documentary on Nicaraguan banana workers says he took cash from big plaintiff’s law firm Provost Umphrey [AP/WaPo, WSJLawBlog, Erik Gardner/THREsq., new plaintiffs’ charges against Dole]
Will liability ruling result in closure of popular Connecticut recreational area? [Rick Green, Hartford Courant; earlier]
Class action lawyer Sean Coffey, running for New York attorney general, has many generous supporters [NYDN, more, WNYC (Sen. Al Franken headlines closed fundraiser at Yale Club)]
“Judge Reduces Damages Award by 90% in Boston Music Downloading Trial” [NLJ, earlier on Tenenbaum case]

Filed under: age discrimination, Al Franken, attorneys general, banana pesticide litigation fraud, BP Transocean oil spill, Canada, Connecticut, Elena Kagan, New York, politics, Provost Umphrey, recreation, restaurants, RIAA and file sharing

July 9 roundup

Many interesting reader comments on post about jury award against manufacturer over injury on bicycle motorized post-sale;
Reimbursed for money never paid: “Calif. Trial Lawyers Welcome Latest Ruling on Recovery of Medical Expenses” [The Recorder]
Update: Defamation suit against travel blogger Chris Elliott resolved successfully [Citizen Media Law, earlier]
Podcast: Northwestern lawprof Steven Calabresi on McDonald (Second Amendment incorporation) case [Federalist Society]
“Provost Umphrey claims banana picker reps siphoned clients, money” [SE Texas Record]
Lawprofs in a NYT flutter about deductibility of punitive damages [Walk, Drug & Device Law] On the merits, Carter at ShopFloor: “Changing Tax Laws to Punish Businesses — Unless They Settle”
Troubled Pacific Law Center to close in San Diego [ABA Journal, earlier]
New York high court rules Atlanta exec cannot invoke New York’s pro-plaintiff state or city laws to contest firing [NYLJ]

Filed under: Atlanta, banana pesticide litigation fraud, bloggers and the law, California, forum shopping, guns, New York, punitive damages, taxes

Because liability reform would be too hard

“Let’s just charge more for auto insurance and homeowners insurance to keep the only two malpractice insurers in New York from going bankrupt.” [White Coat; Greg Davis, Crain’s New York Business]

Filed under: medical malpractice insurance, New York