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	Comments on: CPSIA: &#8220;Black Tuesday&#8221; for youth motorbikes	</title>
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	<link>https://www.overlawyered.com/2009/02/cpsia-black-tuesday-for-youth-motorbikes/</link>
	<description>Chronicling the high cost of our legal system</description>
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		<title>
		By: Chris Brooks		</title>
		<link>https://www.overlawyered.com/2009/02/cpsia-black-tuesday-for-youth-motorbikes/comment-page-1/#comment-42491</link>

		<dc:creator><![CDATA[Chris Brooks]]></dc:creator>
		<pubDate>Fri, 13 Mar 2009 09:05:34 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8976#comment-42491</guid>

					<description><![CDATA[Great post! I’ve been very interested in bikes for a long time.  I didn’t know that.]]></description>
			<content:encoded><![CDATA[<p>Great post! I’ve been very interested in bikes for a long time.  I didn’t know that.</p>
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		By: If Amazon Takes the CPSIA Law Seriously, Shouldn&#8217;t You? — Musings From a Catholic Bookstore		</title>
		<link>https://www.overlawyered.com/2009/02/cpsia-black-tuesday-for-youth-motorbikes/comment-page-1/#comment-42371</link>

		<dc:creator><![CDATA[If Amazon Takes the CPSIA Law Seriously, Shouldn&#8217;t You? — Musings From a Catholic Bookstore]]></dc:creator>
		<pubDate>Wed, 11 Mar 2009 22:32:50 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8976#comment-42371</guid>

					<description><![CDATA[[...] I know people think we are a bunch of Chicken Littles for harping on the CPSIA but it isn&#8217;t just us! [...]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] I know people think we are a bunch of Chicken Littles for harping on the CPSIA but it isn&#8217;t just us! [&#8230;]</p>
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		By: CPSIA: Powersports, crystals, and stranded inventories		</title>
		<link>https://www.overlawyered.com/2009/02/cpsia-black-tuesday-for-youth-motorbikes/comment-page-1/#comment-41141</link>

		<dc:creator><![CDATA[CPSIA: Powersports, crystals, and stranded inventories]]></dc:creator>
		<pubDate>Wed, 25 Feb 2009 16:49:06 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8976#comment-41141</guid>

					<description><![CDATA[[...] Joe Delmont at DealerNews has more information on how that figure was arrived at. Two weeks ago we cited an estimate that the frozen inventory alone exceeds $100 million in value; the larger figure adds in the cost [...]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] Joe Delmont at DealerNews has more information on how that figure was arrived at. Two weeks ago we cited an estimate that the frozen inventory alone exceeds $100 million in value; the larger figure adds in the cost [&#8230;]</p>
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		<title>
		By: New York Times on CPSIA: &#8220;needless fears that the law could injure smaller enterprises&#8221;		</title>
		<link>https://www.overlawyered.com/2009/02/cpsia-black-tuesday-for-youth-motorbikes/comment-page-1/#comment-40574</link>

		<dc:creator><![CDATA[New York Times on CPSIA: &#8220;needless fears that the law could injure smaller enterprises&#8221;]]></dc:creator>
		<pubDate>Wed, 18 Feb 2009 17:45:41 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8976#comment-40574</guid>

					<description><![CDATA[[...] dealerships around the country are just imagining things if they think they&#8217;re staring at massive losses from the inability to sell their products, even though news-side talent at the New York Times has [...]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] dealerships around the country are just imagining things if they think they&#8217;re staring at massive losses from the inability to sell their products, even though news-side talent at the New York Times has [&#8230;]</p>
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		<title>
		By: Dave Lincoln		</title>
		<link>https://www.overlawyered.com/2009/02/cpsia-black-tuesday-for-youth-motorbikes/comment-page-1/#comment-40422</link>

		<dc:creator><![CDATA[Dave Lincoln]]></dc:creator>
		<pubDate>Tue, 17 Feb 2009 02:29:32 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8976#comment-40422</guid>

					<description><![CDATA[That last sounds like the best course of action, as long as not too many people chicken-out.]]></description>
			<content:encoded><![CDATA[<p>That last sounds like the best course of action, as long as not too many people chicken-out.</p>
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		<title>
		By: hyzmarca		</title>
		<link>https://www.overlawyered.com/2009/02/cpsia-black-tuesday-for-youth-motorbikes/comment-page-1/#comment-40409</link>

		<dc:creator><![CDATA[hyzmarca]]></dc:creator>
		<pubDate>Tue, 17 Feb 2009 00:35:09 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8976#comment-40409</guid>

					<description><![CDATA[The most sensible thing for retailers to do, at the moment, is to ignore the law. Simply pretend that it doesn&#039;t exist and continue selling the same stuff. Any enforcement is highly unlikely at this stage and simply refusing to sell non-compliant good to your detriment is equivalent to a child throwing a self-destructive temper tantrum when faced with a poorly worded rule that he doesn&#039;t like. 

Not that the law as written isn&#039;t bad, it is horrible, but there is no way that it&#039;ll actually be enforced as written as that overbroad interpretation is obviously not what was intended.  Letting your business be ruined to make a point about the stupidity of the law is neither sane nor productive. 

And, in the unlikely event you are arrested for violating this law,  jury nullification is probable.]]></description>
			<content:encoded><![CDATA[<p>The most sensible thing for retailers to do, at the moment, is to ignore the law. Simply pretend that it doesn&#8217;t exist and continue selling the same stuff. Any enforcement is highly unlikely at this stage and simply refusing to sell non-compliant good to your detriment is equivalent to a child throwing a self-destructive temper tantrum when faced with a poorly worded rule that he doesn&#8217;t like. </p>
<p>Not that the law as written isn&#8217;t bad, it is horrible, but there is no way that it&#8217;ll actually be enforced as written as that overbroad interpretation is obviously not what was intended.  Letting your business be ruined to make a point about the stupidity of the law is neither sane nor productive. </p>
<p>And, in the unlikely event you are arrested for violating this law,  jury nullification is probable.</p>
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		<title>
		By: Ace of Spades HQ		</title>
		<link>https://www.overlawyered.com/2009/02/cpsia-black-tuesday-for-youth-motorbikes/comment-page-1/#comment-40386</link>

		<dc:creator><![CDATA[Ace of Spades HQ]]></dc:creator>
		<pubDate>Mon, 16 Feb 2009 16:46:02 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8976#comment-40386</guid>

					<description><![CDATA[&lt;strong&gt;CPSIA Watch: Libraries, Charities, Children, Consumer Goods Hardest Hit....&lt;/strong&gt;

I?m sure that some of you have been following this, at least sort of out of the corners of your eyes. But as more details emerge, the CPSIA debacle is proving more and more to be a perfect example of......]]></description>
			<content:encoded><![CDATA[<p><strong>CPSIA Watch: Libraries, Charities, Children, Consumer Goods Hardest Hit&#8230;.</strong></p>
<p>I?m sure that some of you have been following this, at least sort of out of the corners of your eyes. But as more details emerge, the CPSIA debacle is proving more and more to be a perfect example of&#8230;&#8230;</p>
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		<title>
		By: Dave Lincoln		</title>
		<link>https://www.overlawyered.com/2009/02/cpsia-black-tuesday-for-youth-motorbikes/comment-page-1/#comment-40351</link>

		<dc:creator><![CDATA[Dave Lincoln]]></dc:creator>
		<pubDate>Mon, 16 Feb 2009 04:22:41 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8976#comment-40351</guid>

					<description><![CDATA[I put myself in their place.  Would they really believe that this asinine law would apply to freaking motorcycles?  How do they really know what will get enforced?  aaah, the whole thing stinks!  

This country is not taking itself seriously anymore, and the Chinese will kick our ass soon ( I don&#039;t mean specifically militarily here, just economically - over there, they take seriously what is serious, and don&#039;t play games with this type of crap ( the global warming/coldening nonsense, the &quot;save one child - shut down an industry deals, etc.) )   We could learn a lot from the Chinese, no joke.]]></description>
			<content:encoded><![CDATA[<p>I put myself in their place.  Would they really believe that this asinine law would apply to freaking motorcycles?  How do they really know what will get enforced?  aaah, the whole thing stinks!  </p>
<p>This country is not taking itself seriously anymore, and the Chinese will kick our ass soon ( I don&#8217;t mean specifically militarily here, just economically &#8211; over there, they take seriously what is serious, and don&#8217;t play games with this type of crap ( the global warming/coldening nonsense, the &#8220;save one child &#8211; shut down an industry deals, etc.) )   We could learn a lot from the Chinese, no joke.</p>
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		<title>
		By: OBQuiet		</title>
		<link>https://www.overlawyered.com/2009/02/cpsia-black-tuesday-for-youth-motorbikes/comment-page-1/#comment-40345</link>

		<dc:creator><![CDATA[OBQuiet]]></dc:creator>
		<pubDate>Mon, 16 Feb 2009 01:13:13 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8976#comment-40345</guid>

					<description><![CDATA[Dave,

I am in almost complete agreement with you. Even on the Massive Pork festival we have just seen.

I just think that the manufacturer should have warned the retailers that the products they were buying had expiration dates of 2/10/2009. Yes, the retailer might also have asked had they been aware of the pending law and its consequences. But the manufacturer  certainly knew and could have provided a warning. 

This might not rise to the level of a legal obligation, but I would be wary of doing business with them in the future.]]></description>
			<content:encoded><![CDATA[<p>Dave,</p>
<p>I am in almost complete agreement with you. Even on the Massive Pork festival we have just seen.</p>
<p>I just think that the manufacturer should have warned the retailers that the products they were buying had expiration dates of 2/10/2009. Yes, the retailer might also have asked had they been aware of the pending law and its consequences. But the manufacturer  certainly knew and could have provided a warning. </p>
<p>This might not rise to the level of a legal obligation, but I would be wary of doing business with them in the future.</p>
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		<title>
		By: Dave Lincoln		</title>
		<link>https://www.overlawyered.com/2009/02/cpsia-black-tuesday-for-youth-motorbikes/comment-page-1/#comment-40303</link>

		<dc:creator><![CDATA[Dave Lincoln]]></dc:creator>
		<pubDate>Sun, 15 Feb 2009 05:32:13 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8976#comment-40303</guid>

					<description><![CDATA[I&#039;ve got sympathy for the problem, OBQ, just not for his whining.  How does the distributor know any more than this retailer that the US Congress would pass another law &quot;for the children&quot; TM  that would cause unintended grief?  If the stuff was shipped after this law was in effect, then William the retailer should have as much knowledge as the distributor as to whether this far-reaching and stupid law would affect the motorcycle/minibikes/motorpecans or whatever.

I mean, the bikes aren&#039;t any more unsafe for children then they were before the bill passed, William, so put the blame on your business loss where it belongs, the US  government, as usual;  and, you ain&#039;t seen nothing yet, as far as hurting business goes (I&#039;m referring to the latest trillion dollar pork, not particularly anything with motor sports).]]></description>
			<content:encoded><![CDATA[<p>I&#8217;ve got sympathy for the problem, OBQ, just not for his whining.  How does the distributor know any more than this retailer that the US Congress would pass another law &#8220;for the children&#8221; TM  that would cause unintended grief?  If the stuff was shipped after this law was in effect, then William the retailer should have as much knowledge as the distributor as to whether this far-reaching and stupid law would affect the motorcycle/minibikes/motorpecans or whatever.</p>
<p>I mean, the bikes aren&#8217;t any more unsafe for children then they were before the bill passed, William, so put the blame on your business loss where it belongs, the US  government, as usual;  and, you ain&#8217;t seen nothing yet, as far as hurting business goes (I&#8217;m referring to the latest trillion dollar pork, not particularly anything with motor sports).</p>
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