- In “State of the Economy” speech, Bush says litigation and regulation harm U.S. financial competitiveness, praises enactment of Class Action Fairness Act [Reuters; his remarks]
- How many California legislators does it take to ban the conventional lightbulb in favor of those odd-looking compact fluorescents? [Reuters, Postrel, McArdle first and second posts]
- Levi’s, no longer a juggernaut in the jeans world, keeps lawyers busy suing competitors whose pocket design is allegedly too similar [NYTimes]
- Clinics in some parts of Sweden won’t let women request a female gynecologist, saying it discriminates against male GYNs [UPI, Salon]
- Is the new Congress open to litigation reform? Choose from among dueling headlines [Childs]
- Anti-SLAPP motion filed against Santa Barbara newspaper owner McCaw [SB Ind’t via Romenesko]
- Uncritical look at Holocaust-reparations suits against French national railway [Phila. Inquirer]
- Deep pockets dept.: court rules mfr. had duty to warn about asbestos in other companies’ products, though its own product contained none [Ted at Point of Law]
- Lawyering up for expected business-bashing oversight hearings on Capitol Hill [Plumer, The New Republic]
- “King of vexatious litigants” in Ontario restrained after 73 filings in 10 years, though he says he did quite well at winning the actions [Globe and Mail, Giacalone’s self-help law blog]
- Sen. Schumer can’t seem to catch a break from WSJ editorialists [me at PoL]
- South Carolina gynecological nurse misses case of Rocky Mountain spotted fever — that’ll be $2.45 million, please [Greenville News via KevinMD]
- Five years ago on Overlawyered: we passed the milestone of one million pages served. By now, though our primitive stats make it hard to know for sure, the cumulative figure probably exceeds ten million. Thanks for your support!
Posts Tagged ‘reparations’
“Aborigines given ownership of Perth by judge”
In Australia, at least, it seems this whole land claims and reparations business is getting rather serious. “The judgment will not affect homes or businesses, as the Australian courts have ruled that native title does not apply to land owned on a freehold or long-lease basis.” However, if the judgment is upheld against an expected appeal by the state of Western Australia, descendents of natives may win the right to convert public lands in the city (such as urban parks) into permanent encampments, and boaters worry that control over the right to use waterways may also be affected. (Kathy Marks, The Independent (U.K.), Sept. 21; “Native title could lock up parks: Ruddock”, AAP/The Australian, Sept. 22; Chris Merritt and Patricia Karvelas, “Title win boosts capital city claims”, The Australian, Sept. 21). Perth is a city of 1.5 million. A native claim over land in Melbourne and its environs is expected next. (Ben Packham, “Native title claim looms”, Herald-Sun, Sept. 21).
Slavery reparations gaining momentum?
The Associated Press claims, on evidence whose strength readers may assess for themselves, that advocates of slavery reparations now constitute a “sophisticated, mainstream movement” which is “quietly chalking up victories and gaining momentum”. Amid all its cheerleading for the concept, the article brings in my Manhattan Institute colleague John McWhorter for token balance (Erin Texeira, “Slavery reparations gaining momentum”, AP/Boston Globe, Jun. 9).
Update: Canadian residential schools litigation
“Lawyers who have been representing survivors of Canada’s residential school system are expected to get the biggest payment ever recorded for a Canadian class action case.” The federal government will pay about C$80 million in fees, of which half will go to the Regina-based Merchant Law Group and half to a consortium of other lawyers. (“Lawyers set to be paid $80M in school abuse deal”, CTV, May 8; “School abuse deal includes $80M for lawyers”, CBC, May 8). The fees are part of a $2 billion deal intended to resolve portions of the litigation over the federally-sponsored, church-run Indian schools, which were originally accused of permitting the infliction of physical and sexual abuse on some of their students; later the litigation expanded to include charges of “cultural deprivation” and alienation on behalf of thousands of Native Americans who attended the schools, which were geared toward assimilation into Canadian culture (FAQ from CBC on settlement). More: Aug. 23-24, 2000.
“No one will be hurt if we get our diploma”
Updating our Feb. 22 report: “A judge Friday suspended California’s high school exit exam, finding it discriminatory in a ruling that could allow thousands of students who failed the test to get their diplomas anyway.” Alameda County Superior Court Judge Robert Freedman “agreed with the plaintiffs that the exam discriminates against poor students and those who are learning English. ‘There is evidence in the record that shows that students in economically challenged communities have not had an equal opportunity to learn the materials tested,’ Freedman wrote.” It would appear that from now on a high school diploma is meant to signify not a student’s actual mastery of a certain body of material, but rather the mastery he or she would have attained had the breaks of life been fairer. Employers, and all others who rely on California high school diplomas in evaluating talent, would be well advised to adjust their expectations accordingly.
“Superintendent of Public Instruction Jack O’Connell said the state would immediately appeal the ruling, which he said creates ‘chaos’ for more than 1,100 high schools that are completing graduation preparations.” However, plaintiff Mayra Ibanez was gratified:
“It is hard to be poor. It is hard to grow up in a place where there is a lot of crime,” said the 18-year-old, a Mexican immigrant who attends school in the working-class San Francisco Bay area city of Richmond. “No one will be hurt if we get our diploma.”
(Juliet Williams, “Ruling Blocks Calif. High School Exit Exam”, AP/Forbes, May 12).
Holocaust survivors protest Neuborne fees
Was high-profile civil rights lawyer and NYU lawprof Burt Neuborne working pro bono in the Swiss banks reparations case? Well, yes and no, it now seems. (William K. Rashbaum, “Lawyer’s $4.1 Million Fee Angers Holocaust Survivors”, New York Times, Feb. 25; Lattman, Feb. 27). Later updates: Jun. 30, Jul. 6, Oct. 6, 2006; Mar. 18, 2007.
“Lawyer sanctioned in Holocaust suit”
Yes, it’s Ed Fagan again. This time the much-publicized reparations impresario “has been hit with sanctions that will run into the hundreds of thousands of dollars for his handling of a lawsuit seeking recovery from an Austrian bank of the value of artwork looted by the Nazis. Employing unusually harsh language, Southern District of New York Judge Shirley Wohl Kram assessed attorney fees against [Fagan], and also fined him $5,000, finding he had committed champerty and misled her.” (Daniel Wise, New York Law Journal, Aug. 23). For Fagan’s earlier misadventures, see Jun. 4 and many links from there.
NAACP to pursue reparations claims
“Absolutely, we will be pursuing reparations from companies that have historical ties to slavery and engaging all parties to come to the table,” says the group’s interim president, Dennis C. Hayes. The definition of historical ties is conveniently elastic, too:
James Lide, director of the international division at History Associates Inc., a Rockville firm that researches old records, said determining how many U.S. businesses are linked to slavery depends upon definition.
Almost every business has at least an indirect link to slavery, he said. For example, some railroad and Southern utility companies can trace their roots to businesses that used slave labor. Textile companies, for example, use cotton that was grown on Southern plantations.
“There’s never going to be a solid number because the idea of how you connect a company to slavery is more a political one than a historical one,” Mr. Lide said.
(Brian DeBose, “NAACP to target private business”, Washington Times, Jul. 12). Ironically or otherwise, large American businesses — including some of the same ones targeted in the reparations demands — are already the NAACP’s biggest source of financial support. “We will take your money today,” said Hayes, “and sue you tomorrow.” (Greg Barrett and Kelly Brewington, “Corporate Funding Raises Ethical Questions For NAACP”, Baltimore Sun, Dec. 13, 2004). More on reparations: Jun. 10 (again), Jul. 7, Jul. 9 and many more.
“Who Else Should Pay Reparations?”
Bill Tucker has a naughty suggestion (The American Enterprise, Jun. 29).
Federal Lawsuit for Slave Reparations Dismissed Again
A federal lawsuit seeking reparations for descendants of slaves was dismissed for a second time on Wednesday. Even the inclusion of a 104 year old who plaintiff claimed to have lived in a slave hut with his family was not enough to save the lawsuit. (CentreDaily.com/Chicago Tribune, “Lawsuit seeking reparations for slavery dismissed again” July 6, 2005). Overlawyered previously reported on this case on Jan. 26 and Jan 30.