The copyright mill’s much-criticized lawsuits have been generating adverse judicial precedent that may actually leave providers more vulnerable to content-swiping than before [Las Vegas Sun, Instapundit] More: Citizen Media Law.
Archive for March, 2011
“Grace Period for ADA Modifications Proposed in Congress”
Duncan Hunter (R-Calif.) has reintroduced the ADA Notification Act, which “would provide businesses accused of an ADA violation with a 90-day grace period to make necessary modifications.” That would, among other effects, cut down on some opportunistic suit-filing that is aimed at the generating of attorneys’ fee entitlements. It is not entirely clear what effect it would have in states (like California itself) where lawyers prefer to sue under state laws that are more pro-plaintiff than the ADA itself. [East County Magazine via CJAC]
$17,000 to lawyer an investment deal
Venture capitalist Fred Wilson thinks that’s too high a fee in a case where standard forms were employed and the other party wasn’t represented by counsel. Is it? Are there reasons to suppose a competitive market for a widely replicable legal service wouldn’t converge on some sort of market-clearing rate? [Above the Law]
More: Max Kennerly offers one lawyer’s view.
Calif.: “Proposed Legislation Requires Accommodation Of Medical Marijuana”
First was the ban, then came the legalization, and now along comes the right to sue your employer for being disapproving or at least uncooperative about it. Former Gov. Schwarzenegger vetoed a similar bill. [Nancy Berner, Cal Labor] I wrote about related issues last year.
Nevada proposal: ban candles, air fresheners in public places
The anti-scent movement wafts on, following controversy over a proposal to ban perfume and cologne in Portland, Ore. city buildings. [Balko]
March 24 roundup
- “Woman suing Carnival: Ship sailed too fast, made me sick” [Gene Sloan, USA Today “Cruise Log”]
- U.S. Department of Justice sues Illinois school district for denying Muslim teacher’s request for three-week Mecca-trip leave [WaPo]
- “California Assembly Says Complying with Government Standards Not Enough to Avoid Punitive Damages” [Cal Civil Justice]
- “Four Loko Suit Is an Example of Bogus Economic Loss Classes” [Russell Jackson]
- New Benjamin Barton book on lawyer-judge bias reviewed by Larry Ribstein [TotM, earlier]
- “Prolific Colorado Consumer Attorney Filed 2/3rds of State’s FDCPA Cases Since 2007” [ABA Journal]
- Different kind of false marking case? Judge says company knowingly claimed inapplicable patent [WSJ Law Blog]
- “Extra-special education at public expense” [five years ago on Overlawyered]
Feds require Dayton police department to lower hiring standards
Reminder: Milt Rosenberg show tonight
A reminder that I’m scheduled to be a guest on the incomparable Milt Rosenberg’s 50,000-watt radio show tonight, 10-12 p.m. Central Time. Talkers magazine has described him as the “nation’s leading author interviewer. A Chicago institution for the literate” and I’m not surprised. He had me on his show for an earlier book and I was bowled over by what a close and intelligent reading he’d given my words and what a wide-ranging yet relaxed conversation we had as a result. Definitely a don’t-miss show!
$75 trillion damage demand deemed “absurd”
Federal judge Kimba Wood in Manhattan applies some skepticism to the quantum of damages demanded by record companies in copyright actions against file-sharing service LimeWire. [American Lawyer]
March 23 roundup
- New Yorker suing boss for $2M because working in New Jersey caused him “anguish” [Biz Insider]
- British lawyer’s libel threats impede UK publication of Paul Offit vaccine book [Respectful Insolence]
- Lawsuit settlement leads to Florida push to curb tobacco discounter [WSJ; background, Jeremy Bulow]
- Allegation: attorneys made personal use of cy pres fund in Armenian genocide settlement [PoL]
- “Telecommuting employees raise special wage and hour issues” [Hyman]
- UK bias cops wonder whether to ban gay-preferred along with gay-not-preferred guesthouses [Ed West, U.K. Telegraph]
- Copyright mills: “Local law firm wants to defend people sued by local law firm” [TBD] Related: [Citizen Media Law, Coleman]
- “Top 10 Reasons to Not Open a Bar or Restaurant in NYC” [NY Enterprise Report]