That idea should ring Equal Protection alarm bells, no? [Greenfield]
Archive for November, 2010
November 5 roundup
- HUD “defers to Constitutional considerations” and dismisses complaint against woman who’d posted note at church seeking Christian roommate [Fox News, earlier; Oct. 28 statement from Michigan Department of Civil Rights]
- Judge denies class action status in Pelman obesity suit against McDonald’s [Bloomberg, earlier]
- “Campers mauled by bear at Lake Louise lose lawsuit against Parks Canada” [Calgary Herald]
- Supreme Court hears oral argument in Schwarzenegger violent-videogame case [Ilya Shapiro, Cato at Liberty]
- Oh, that liberal media: “Consumers’ right to file class actions is in danger” [David Lazarus, L.A. Times, on AT&T v. Concepcion arbitration case]
- NLRB files first complaint challenging employer’s social networking policy [Schwartz, Hyman]
- Publisher’s threats against 800Notes.com gripe site bolster case for libel-tourism law [Paul Alan Levy, CL&P; earlier on Julia Forte case]
- Nevada Supreme Court finds homeowner not liable for motorist’s crash into garden wall [seven years ago on Overlawyered]
Marijuana legalization and employment law
I’ve got some thoughts at Cato at Liberty on the overreaching way California’s Proposition 19 tried to curtail employers’ liberty in employment decisions related to pot smoking — which might have contributed to the measure’s defeat at the polls on Tuesday. Earlier here. Jacob Sullum points out that much of employers’ tendency to treat off-job marijuana use more harshly than off-job alcohol use is itself stimulated by government mandates and exhortation, prominently including drug testing programs (& welcome Instapundit readers). More: Nancy Berner, California Labor & Employment Law Blog (“Merely smelling marijuana on a worker’s clothes after lunch would not be sufficient to justify a write-up” had the measure passed.)
Silhouette cowboy
The state of Texas’s use of a cowboy silhouette on vehicle inspection stickers could prove expensive if a photographer proves his claim that the image was illegally appropriated by a prison inmate who scanned it from a magazine without consent or payment. [San Antonio Express-News]
“Use good judgment in all situations”
Nordstrom, the successful retail chain, used to boast that its entire employee manual consisted of that admonition. But things have changed since then, and per Wikipedia “new hire orientations now provide this card along with a full handbook of other more specific rules and legal regulations.” [Bruce Carton, Legal Blog Watch]
Found in a cookie jar?
ABA Journal: “A South Carolina lawyer known for his TV commercials and billboards has turned over $994,000 in cash kept in a closet of his Myrtle Beach law office after a court-appointed bankruptcy investigator stressed the importance of disclosing his assets.” In initial filings, attorney Pavilack said he owed an estimated $72,500,000 to creditors and had $50,000 in assets; two months later he revised the asset disclosure upward to $8.9 million. A bankruptcy examiner says Pavilack’s financial affairs are in disarray and that it may be impossible to disentangle what he owns or where money went given a pattern of unexplained money transfers among a maze of business accounts. [Myrtle Beach Sun-News via Lowering the Bar]
“FASB Disclosure Proposal: Back To The Drawing Board”
A much-criticized scheme to require businesses to disclose details of their litigation exposures is on hold for now. [Cal Biz Lit; earlier here, here, etc.] More: Carter at ShopFloor.
Election results
Feel free to discuss in comments. Some results (our preview post from Monday is here):
* In Iowa, Rep. Bruce Braley, a former plaintiff’s lawyer and leading spokesman for trial bar interests on Capitol Hill, appears to have squeaked through, but former ATLA/AAJ president Roxanne Conlin came nowhere close in her Senate bid against incumbent Chuck Grassley.
* Demagogic attacks on Michigan Supreme Court Justice Bob Young failed, as Michigan voters retained him. Illinois Supreme Court justice Thomas Kilbride, greatly aided by cash from unions, Democrats and you-know-who, won’t pay a retention price for a lawless decision striking down legislated limits on med-mal suits.
* The New York attorney general race wasn’t that tight after all, with Democrat Eric Schneiderman winning by 11 points, nor was the Connecticut senate race, where perennial Overlawyered bete noire Richard Blumenthal won by 10. Despite suggestions that attorney general candidate Kamala Harris was too far left even for California, she was running slightly ahead in late returns.
* Rhode Island voters turned down a proposal to change the official name of their state, “”State of Rhode Island and Providence Plantations,” to appease the misplaced sensitivities of some who imagine that the word “plantations” implies a connection to slavery.
* Oklahomans ill-advisedly voted to forbid their courts from considering international law, even in the relatively narrow and well-defined circumstances where it has been traditional for them to do so. More: Roger Alford, OJ.
* Big news from Ohio, where voters turned out of office Democratic attorney general Richard Cordray, lately lionized by the New York Times as the next big activist A.G. The “next Eliot Spitzer” Times curse lives on!
* Via B.L.T., the House Judiciary Committee is set for a truly monumental ideological remake assuming that Chairman John Conyers (D-Mich.) is replaced by Lamar Smith (R-Tex.). Some changes will be coming along at Senate Judiciary as well.
* Republicans scored surprise inroads in Madison County, Illinois, the pro-plaintiff jurisdiction near St. Louis that has long generated vastly more than its share of high-ticket litigation. In particular, they managed to beat influential state representative/trial lawyer Jay Hoffman of Collinsville, a one-time floor leader for Gov. Rod Blagojevich, per reports by Ann Knef at the Chamber-backed Madison County Record and the Edwardsville Intelligencer.
* Mandatory employer recognition of unions on a “card check” basis without so much as a secret ballot? No thanks, say voters in four states [Wood; Hirsch/Workplace Prof].
“San Francisco bans Happy Meals”
Carrying out its previously reported threat. [L.A. Times] More: Atlantic Wire; BoingBoing (with “fatwa” Photoshop); Lowering the Bar.
Canada: “lawyer considering class action suit for moose-car crash victims”
A lawyer in St. John’s, Newfoundland, “says government could be held accountable for introducing moose to the province in 1912.” The giant herbivores sometimes cause serious car crashes. [Canadian Press via Karlsgodt]