- Great moments in public employee unionism, cont’d: D.C. Metro track inspector charged after derailment with falsifying records wins reinstatement and back pay in arbitration [Max Smith, WTOP, earlier here (similar after fatal smoke incident) and here] Could be permanent? “Bus drivers’ union threatens strike over driverless buses” [Jason Aubry, WCMH (Columbus, Ohio)]
- Letting guests skip housekeeping = grievance: “Union Threatens Strike over Marriott’s Green Initiative” [Darrell VanDeusen, Kollman & Saucier]
- Stephen Bainbridge series on what’s wrong with Sen. Elizabeth Warren’s proposals [earlier, etc.] continues with a post on labor co-determination and employee involvement in corporate governance;
- “Public Sector Unions Win Big at the California Supreme Court: California citizens must now meet and confer with union bosses before qualifying any compensation-related initiatives for the ballot.” [Steven Greenhut, Reason]
- My Frederick News Post letter to the editor opposing Question D (mandatory binding arbitration and collective bargaining for career firefighters). More on mandatory binding arbitration in the public sector: Ivan Osorio et al on California, for Cato (see pp. 12 et seq.);
- “Waikiki, Hawaii hotel workers decline to join union; the union demands they pay full dues anyway, starts process to garnish their wages. Does the union’s conduct amount to an unfair labor practice? NLRB: No, the union made an honest mistake. D.C. Circuit: That ‘makes no sense.’ The union never apologized or said it made a mistake. Its message to the workers was, ‘We can do this the easy way, or we can do this the hard way.'” [John Kenneth Ross, IJ “Short Circuit”]
From the U.K. — and a Conservative government, at that. “Pizzas must shrink or lose their toppings under Government plans to cap the calories in thousands of meals sold in restaurants and supermarkets. Pies, ready meals and sandwiches will also be subject to the new proposed calorie limits…. Under the draft proposals, a standard pizza for one should contain no more than 928 calories – far less than many sold by takeaways, restaurants and shops.” For the moment the restrictions would not be mandatory, but in a parallel initiative concerning sweet foods failures to meet the targets “have prompted warnings from ministers that tougher steps may be taken.”
How efficient is social media in spreading viral-junk misinformation about the law? Well, the following post about Tuesday’s two-page Supreme Court ruling in Brakebill v. Jaeger, a case about voting procedures in North Dakota, has gotten more than 18,000 shares as of this morning:
1. Brakebill was not Justice Kavanaugh’s first ruling. If you so much as glance at the Court’s opinion, it’s hard to miss its second sentence: “JUSTICE KAVANAUGH took no part in the consideration or decision of this application.”
2. There is no indication that the vote was 5 to 4. Liberal Justices Sonia Sotomayor and Stephen Breyer did not join the dissent.*
3. Justice Ginsburg’s dissent contains no language even remotely like that put within quotation marks here. Her tone is technical rather than indignant, and she does not challenge anyone’s motives as illegitimate.
4. The Court did not issue a decision upholding the laws. It was a denial of an application to vacate a stay, not a ruling on the merits.
And we haven’t even gotten to the merits! Three and a half days after posting, its author has not seen fit to correct any of his errors.
Here’s a rule of thumb about social media: the more anger, the less accuracy. More on viral junk and thinking before you share here.
* A reader on Twitter points out that in the absence of a signed majority opinion, we can’t know for sure that the vote against vacating the stay necessarily came out 6-2; we know only that if there were other Justices who wanted to vacate the stay, they declined to join the Ginsburg-Kagan dissent. I’ve corrected the text above accordingly.
- “California’s Unconstitutional Gender Quotas for Corporate Boards” [Ilya Somin, Stephen Bainbridge, Jerome Woehrle, Ann Althouse]
- Useful tool, or abuse of power? “Leveraging allows regulators to use their gatekeeping authority to secure concessions that they might not be able to achieve otherwise—and to do so quickly and cheaply.” [William Kovacic and David Hyman, Cato Regulation magazine]
- The conflict minerals law fiasco: “between 2010 and 2012, the monthly incidence of battles, looting and violence against civilians strongly increased in the mining areas targeted by Dodd-Frank” [Nik Stoop, Marijke Verpoorten and Peter van der Windt, Washington Post “Monkey Cage”, Dominic Parker, PERC (summarizing two recent studies), my earlier]
- “Return of Bill Lerach: Disbarred attorney consults on case alleging hedge funds mismanaged Kentucky pensions” [ABA Journal]
- “The Politics of Pay: The Unintended Consequences of Regulating Executive Compensation” [Kevin J. Murphy and Michael C. Jensen, Cato Institute Research Briefs in Economic Policy series]
- “Increasingly, our [financial] regulatory structure has been adopting processes that are inconsistent with adherence to the rule of law.” What to do? [Charles Calomiris, Cato Journal]
Chicago has enacted a law requiring food trucks to install GPS trackers reporting their location at all times, and the Fourth Amendment might have something to say about that [Ilya Shapiro and Aaron Barnes on Cato brief in Illinois Supreme Court case of LMP Services v. Chicago; Timothy Snowball, Pacific Legal Foundation; Foodservice Equipment Reports]
Plus: “The Fourth Amendment in the Digital Age,” conversation with Julian Sanchez, Matthew Feeney, and Caleb Brown for the Cato Daily Podcast.
“Quite frequently, it is in the best interest for project organizers to pay off the people opposing the project, instead of going through the lawsuit and delay…. And understand that these groups claim they are speaking for you.” [Josh Albrektson, Market Urbanism Report] Earlier on the California Environmental Quality Act (CEQA) here.
- “Heisman Trophy People Sue HeismanWatch For Using Images Of The Trophy And Stating Its Name” [Timothy Geigner, TechDirt]
- At elite law schools, the days when a centrist liberal like Elena Kagan could offer a welcome to Federalist Society types are fast drawing to a close, writes Reihan Salam [The Atlantic]
- Being able to link to federal court cases and legal materials would be huge: legislation from Rep. Doug Collins (R-Ga.) “would require that the courts make PACER documents available for download free of charge” [Timothy Lee, ArsTechnica]
- “UPDATE: Judge Rules Province Has No Duty to Recognize Bigfoot” [Kevin Underhill, Lowering the Bar, earlier]
- First state with such a law: “California governor signs bill banning sale of animal-tested cosmetics” [John Bowden, The Hill]
- North Carolina bar says lawyer “defrauded, deceived and embezzled funds from two mentally disabled clients who were declared innocent after spending 31 years in prison” [Joseph Neff, Marshall Project]
A Florida law allows persons who have undergone treatment after auto mishaps to sign over to the medical provider their right to sue their insurer under so-called PIP (personal injury protection) auto coverage. Under the provisions of this assignment of benefits (AOB) law, when the medical provider sues, it is entitled to one-way attorney’s fees (payable if it prevails, but not if it loses). These attorneys’ fees can dwarf the underlying sums being sued over — amounting to about $40,000 following a $790 win in one extreme case.
Now Florida attorneys are rolling out tens of thousands of AOB suits, many of small enough quantum that they can be filed in small claims court, even if the fee entitlement thereby triggered is not so small. In Volusia County, where small claims filings more than doubled to over 12,000 cases in 2017, “a single local law firm accounted for all of that increase — and then some — by filing 8,400 cases that year…. In one example, Advantacare of Florida, represented by Kimberly Simoes, filed a lawsuit against State Farm saying the company had not paid it for services it rendered to Stephen Smith. Advantacare was awarded $789.62 according to court files. Simoes was awarded $39,985 in attorney’s fees. Attorney Mark Cederberg was awarded $3,500 for his expert testimony regarding whether Simoes’ fees were reasonable. About a month after the attorney’s fees were awarded, Advantacare dismissed the lawsuit.” [Frank Fernandez, Daytona Beach News-Journal; earlier here and here]
As I have written elsewhere, the true two-way loser-pays systems that operate in most other legal systems take care to avoid the fee-escalation incentives that typify many one-way fee entitlement laws in the U.S. In particular, they tend to hold fee recoveries below actual outlays, and often decline to reimburse fees unnecessarily expended.
Our September 20 Cato legal panel on the Indian Child Welfare Act (more) was more timely than I could have imagined. In the federal case of Brackeen v. Zinke, discussed on the panel, Judge Ryan O’Connor of the Northern District of Texas on October 4 declared major provisions of ICWA unconstitutional on multiple grounds including equal protection and anti-commandeering doctrine. More: Timothy Sandefur; Matthew Fletcher, TurtleTalk; Emma Platoff, Texas Tribune; John Kelly, Chronicle of Social Change.
Appeal is likely. Just before the decision, the public-radio-associated program Native America Calling had a program showcasing tribal advocates’ views. I’ve written about the Act, including its constitutional and moral infirmities, here and, as part of a Cato Unbound symposium, here.
- “For instance, linalool, which is cited as a cockroach insecticide by the law firm, is found in plants like mints and scented herbs. While it’s also used in insecticides, it’s not poisonous for humans…” [Aimee Picchi, CBS News on suit claiming that LaCroix flavored water wrongly claims “all natural” status]
- “Appeals Court Strikes $8.7M in Legal Fees Based on Coupons in Class Action Settlement” [Ted Frank objection in ProFlowers and RedEnvelope class action; Amanda Bronstad, The Recorder] “Judge: Lawyers must justify fee requests for investor suits withdrawn vs Akorn over proxy disclosures” [Ted Frank objection in investor class action against Akorn Inc.; Jonathan Bilyk, Cook County Record]
- Study: class action lawsuits hit innovative companies the hardest [Alex Verkhivker, Chicago Booth on study by Elisabeth Kempf of Chicago Booth and Oliver Spalt of Tilburg University]
- “It’s Possible Woman Suing Over Sugar In ONE Protein Bars Never Actually Ate One” [Mary Ann Magnell, Legal NewsLine] And it is surprising how many reports continue to indulge the notion that typical consumer class actions spring from consumer grievance as opposed to lawyers’ entrepreneurial spotting of chances [ABA Journal on slack-fill suits]
- “DOJ Tells Court: Class Lawyers Already Got $60M in Fees. Now They Want More? [Marcia Coyle, National Law Journal on Native American farmer case] “noting that it was difficult for him to believe the few boilerplate documents entered into the record took hundreds of hours to create. ” [D.M. Herra, Cook County Record; Western Union text messages]
- “State Street settlement fiasco has Arkansas lawmakers questioning state’s role in class actions” [John O’Brien, Legal NewsLine, earlier here, etc.]