“A federal court hearing on whether some two dozen hurricane evacuees can remain on a cruise ship past a mid-week deadline was delayed Monday while lawyers for the evacuees and the federal government tried to work out a compromise.” (“Settlement efforts underway in lawsuit over cruise ship deadline”, AP/KATC, Feb. 27). The Scotia Prince, on loan by its owners to FEMA to house St. Bernard Parish evacuees, was supposed to set sail this week. “Evacuees’ attorney Michael Ginart Jr. said he would work to keep the evacuees on the ship as long as possible but declined to say what exactly what the settlement might entail.” (“Hurricane Evacuees Head to Court Over Cruise Ship Housing”, AP/FoxNews.com, Feb. 27; Steve Ritea, “Cruise ship residents sue over Wednesday eviction”, New Orleans Times-Picayune, Feb. 25).
Archive for February, 2006
Bartlett, “Impostor”
In the mail: my old friend Bruce Bartlett’s new book, “Impostor: How George W. Bush Bankrupted America and Betrayed the Reagan Legacy“, discussed by its author here. I haven’t had a chance to do more than skim it, but here’s a truncated version of its Appendix I, reminding us of the record of Presidents in using their veto pens to stop legislation:
FDR…………635 vetoes
Truman…………250
Eisenhower…..181
Kennedy…………21
Johnson…………30
Nixon……………..43
Ford………………66
Carter…………….31
Reagan………….78
G.H.W. Bush…..44
Clinton……………38
Geo. W. Bush……0
Among the legislation enacted under the presidency of George W. Bush is the free-speech-curtailing McCain-Feingold campaign finance bill (which he’d pledged to veto), Sarbanes-Oxley, the prescription drug entitlement, and the expansion of the federal role in education, as well as innumerable profligate appropriations bills. The most recent president to veto no bills, before the current one, was James Garfield, who served for only about a half year in 1881 because of his untimely death.
“Your World With Neil Cavuto”
I’m scheduled to be on the Fox News program at approximately 4:20 PM ET discussing the United Seniors’ suit against tobacco companies, which we covered on Feb. 23.
Soda suits: Banzhaf browbeats school officials
More skirmishing in preparation for the expected lawsuit against soft-drink vendors over sales in Massachusetts schools (see Dec. 5, Dec. 7, Feb. 7, etc.), via a Boston Globe editorial (“Vending against obesity”, Jan. 30):
In advance of the suit, Washington lawyer John Banzhaf sent an e-mail to 50-100 school committee members in Massachusetts ”to warn of your inevitable involvement in these law suits as a named party or otherwise…”
A couple of years back, Banzhaf threatened to sue the Seattle school district for renewing a $400,000 vending-machine contract with Coca-Cola (Jul. 3, 2003). Prof. Banzhaf’s other doings, which have ensured him regular appearances on this site, include proposing lawsuits against parents of obese children and against doctors who fail to warn their obese patients about overeating (Dec. 3, 2004).
A South Park episode, deep-sixed?
From a Rolling Stone investigative report on L. Ron Hubbard’s Church of Scientology (Janet Reitman, “Inside Scientology”, Feb. 23):
The church has a storied reputation for squelching its critics through litigation, and according to some reports, intimidation (a trait that may explain why the creators of South Park jokingly attributed every credit on its November 2005 sendup of Scientology to the fictional John and Jane Smith; Paramount, reportedly under pressure, has agreed not to rerun the episode here or to air it in England).
More on Scientology and litigation: Oct. 25, 2005, Apr. 16, 2004; Mar. 25-26, 2002; Mar. 19-20, 2001; May 3, 2000.
Fashion and IP protection
It’s common for producers of fashionable clothing to rip off each other’s popular ideas, and unless an item of apparel carries a deceptive label American law will provide little legal recourse for the original innovator against the imitator. Why is American fashion design nonetheless a highly innovative field? And does a similar analysis carry over to other areas where legal protection against copycats is weak, such as furniture design, hairstyle design and the development of food recipes? Tyler Cowen wonders at Marginal Revolution (Feb. 27).
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.
Sued for taking baths too early
Shannon Peterson, a special education teacher in the Arvada, Colo. public schools, “can’t believe she’s being sued for bathing before leaving for work.” But the elderly couple who lives upstairs from her Denver condo unit have been complaining about noisy pipes, and unfortunately for Ms. Peterson they happen to have a son, Sheldon Smith, who’s an attorney at the large law firm of Holland and Hart. Represented by their son, the Smiths “sued Peterson just before Christmas, citing the ‘reckless and negligent use of her bathtub.'” Before that, the younger Smith had fired off a letter to Peterson, saying her “intransigence … and tortuous conduct have resulted in incredible sleep deprivation for Mr. and Mrs. Smith. Your obstinacy has ruled the day. That will now cease.” According to the Denver Post, his demand letter insisted that Peterson not run water in her bathtub before 8 a.m. Peterson says she can’t afford steep legal fees on a schoolteacher’s salary; a judge has scheduled a hearing on the suit for March 22. (Mike McPhee, “Lawsuit: Baths swamp sleep”, Denver Post, Feb. 21).
Flying the trial lawyer skies
Duly noted: Pennsylvania state treasurer and U.S. Senate candidate Robert P. Casey Jr. last June made his first fund-raising trip outside the East Coast, flying to Dallas aboard a private jet owned by the law firm of Baron & Budd, poster kids for legal ethics in the asbestos realm. “Casey flew out of Dallas with more than $71,000, including $28,000 from employees of Baron and Budd.” (Carrie Budoff, “Money at center of Senate contest”, Knight Ridder/Centre Daily Times, Feb. 13)(OpenSecrets.org). Similar: Jan. 8, 2001 (Sen. Edward Kennedy).
Update: licensing eBay sellers
Now it’s California legislators: “California residents who sell goods on eBay could have to pay a $295 fee and be regulated in the same way as pawnbrokers under legislation designed to crack down on the sale of stolen property.” Opponents say the bill would drive out of business thousands of antique dealers and consignment shops, as well as eBay sellers and the dropoff shops and sellers’ agents that work with them. Pawnbrokers, who are pushing the legislation, say that state law already requires that sales of secondhand goods be reported to local law enforcement, but that the law has gone unenforced against everyone but themselves. In recent years influential Sacramento legislators, including Senate President Pro Tem John Burton (D-San Francisco), have unsuccessfully proposed measures to require secondhand sellers to report transactions to a state law enforcement database, which is the pawnbrokers’ key demand. (Greg Lucas, “Pawnbrokers try, try and try again”, San Francisco Chronicle, Feb. 25). We earlier discussed proposals for licensing of eBay sellers in Ohio (Mar. 21, 2005) and North Dakota (Oct. 13, 2005).