Posts Tagged ‘Canada’

Toronto cab scam and the risks of regulation

Canada’s National Post reports that what police consider to be probably a “network of a few people” at more than one cab company have been victimizing unwary riders by sliding their bank cards through an unauthorized point-of-sale machine and handing a replica card back to them. The card is then used to drain the victim’s bank account. TD Bank alone says it is handling 65 claims following this pattern. The online payment mechanism used in ridesharing services appears to be more secure against scams of this sort, but the operations manager for one of the taxi companies is touchy on that point: “To suggest that this has anything to do with taxis vs. Uber is ludicrous,” she tells the NP.

Which raises the question: if Uber and Lyft were the older technology, would cities following the Precautionary Principle legalize taxis for hail? Of course, to those of us who elevate principles of liberty over the regulatory precautionary principle, the answer is clear: legalize both kinds of service, and let consumers decide for themselves which risks they are willing to run. But wouldn’t it be absurd to ban the safer service and thus force people to use the riskier?

December 2 roundup

  • Nice work: how one lawyer cleans up filing piggyback class actions after the Federal Trade Commission and other enforcement agencies cite marketers for violations [Daniel Fisher, Forbes]
  • Cites inmate’s 18-year history of frivolous complaints: “Prisoner can’t sue USA Today for not printing gambling odds, Pennsylvania court says” [PennLive]
  • Canada’s pioneering cap on regulation could be a model for U.S. [Laura Jones, Mercatus via Tyler Cowen]
  • “He had a right to shoot at this drone, and I’m going to dismiss this charge” [Eugene Volokh on Kentucky case noted in July]
  • Dear John: Los Angeles may use license-plate readers to go after drivers who enter “wrong” neighborhoods [Brian Doherty]
  • Asylum law (which differs in numerous ways from refugee law, among them that it typically addresses claims of persons already here) hasn’t quite solved its own vetting problem [flashback from last year, more]
  • Georgia lawyer “sanctioned for ‘deploying boilerplate claims’ and ‘utterly frivolous’ arguments” [ABA Journal]

Free speech roundup

  • Supreme Court’s sleeper case of the term, Reed v. Town of Gilbert, may greatly toughen First Amendment scrutiny of many laws [Adam Liptak, New York Times]
  • Authorities to press charges against Washington Post reporter Wesley Lowery and Huffington Post reporter Ryan Reilly, arrested last year in a McDonald’s during Ferguson protests [Newsweek]
  • Having said obnoxious things is grounds for exclusion from Canada. Right? [CTV] Related musings about speech that affronts us [Ken at Popehat]
  • In case paralleling issues in SBA List v. Driehaus, Massachusetts high court strikes down false-campaign-speech law that enabled incumbent to inflict legal woe on critics; state’s attorney general comes off poorly in account [Ilya Shapiro and Gabriel Latner/Cato]
  • Court strikes down of Idaho ag-gag law, and Prof. Volokh notes some parallels to Planned Parenthood covert filming battle;
  • Update: city of Inglewood, Calif. not faring well in effort to use copyright law to keep a critic from putting video clips of its council proceedings on YouTube [Adam Steinbaugh, earlier]
  • Denver digs itself deeper in charges over leafleting by jury nullification activists [Jacob Sullum, earlier]

Pan Am Games: link to us and we’ll sue

“The organizers of the Pan American Games in Toronto…[saw fit to] require that people seek formal permission to link to its website at toronto2015.org.” [The Register] We’ve been here before, and before that, and so on. After only a little press attention, as The Register notes in an update, the organizers quietly changed the website’s terms and conditions to remove the ban.

Forfeiture roundup

  • How does your state rank on asset forfeiture laws? [Michael Greibok, FreedomWorks via Scott Shackford] Maryland delegate alleges that vetoed bill “would have made it easier for criminals to get their forfeited property back,” seemingly unaware that it focused on rights of owners *not* found guilty of anything [Haven Shoemaker, Carroll County Times] Arizona counties said to have nearly free rein in spending money [Arizona Republic via Coyote]
  • I took part last week in a panel discussion in Washington, D.C. on civil asset forfeiture, sponsored by Right on Crime, and it went very well I thought [Sarah Gompper, FreedomWorks]
  • “Nail Salon Owner Sues For Return Of Life Savings Seized By DEA Agents At Airport” [Tim Cushing, TechDirt] And: “A federal judge has just ordered the government to return $167,000 it took from a man passing through Nevada on his way to visit his girlfriend in California.” [Cushing]
  • “How Philadelphia seizes millions in ‘pocket change’ from some of the city’s poorest residents” [Christopher Ingraham, Washington Post “Wonkblog”]
  • IRS drops structuring forfeiture case against N.C. convenience store owner Lyndon McLellan, will return more than $107,000 it seized [Institute for Justice]
  • Canada, too, has civil forfeiture when there has been no criminal conviction [British Columbia Civil Liberties Association]
  • Michigan testimony: “After they breached the door at gunpoint with masks, they proceeded to take every belonging in my house” [Jacob Sullum]
  • Town of Richland, Mississippi, population 7,000, builds $4.1 million police headquarters with forfeiture money. Thanks, passing motorists! [Steve Wilson, Mississippi Watchdog via Radley Balko]

Liability roundup

  • Analyzing the Norton Rose survey numbers: US business faced the most litigation, followed by UK, Canada had least [Above the Law, earlier]
  • Daimler doomsday? “Under the proposed law, any claim against a foreign company that registers with the New York secretary of state could be filed in New York courts, regardless of where the alleged wrongdoing took place or who was harmed.” [W$J, Alison Frankel last year, defense of bill]
  • BP Gulf spill: “Seafood companies owned by man previously convicted of fraud accused of perpetrating $3 million Deepwater Horizon fraud” [Louisiana Record]
  • “Facing Sanctions, Law Firm Tries To Block Interviews With Thalidomide Clients” [Daniel Fisher]
  • Litigation finance: speculator’s handling of Beirut car bombing payout raises eyebrows [W$J via Biz Insider]
  • “American Energy Companies Latest Victims of TCPA Lawsuit Abuse” [Chamber’s Institute for Legal Reform] “FCC Has A New Robocall Ruling, And It Doesn’t Look Pretty for Business” [Henry Pietrkowski]
  • Bad US idea reaches Canada well after peaking here: “Tobacco companies ordered to pay $15B in damages” [CBC]

May 21 roundup

Likelihood of Moose confusion?

Outdoorsy Lake George, N.Y., has several local businesses with moose-related names. So “when John Carr, the owner of the local Adirondack Pub & Brewery, wanted to come up with a fun name several years ago for his home-crafted root beer, he settled on — what else? — Moose Wizz.” When he tried to register the name as a trademark, however, he drew a lawsuit from Canadian brewer Moosehead, which says the soft drink’s name and label of a grinning cartoon-like moose creates likelihood of confusion. [National Post]

March 4 roundup