Archive for August, 2011

“Minivan-drownings suit could cost taxpayers plenty”

Following the horrific murder-suicide of a woman who intentionally drowned herself and three of her four children, the woman’s estranged boyfriend is suing the city of Newburgh, N.Y. and its surrounding county for failing to prevent the crime. Joint and several liability reform would help, if only Albany were more sympathetic to the cause. [Thomas Stebbins, Poughkeepsie Journal; Daily News]

August 30 roundup

  • “He coulda been a credenza”: actor’s estate sues over unauthorized “Brando” furniture line [The Daily via Balko] “Motorcycle Gang Sues Over ‘My Boyfriend’s A Hell’s Angel’ T-Shirt” [CBS-LA]
  • EEOC decries employer discrimination on the basis of applicants’ criminal records, recommends curbing background checks [WSJ Law Blog, FastCasual, Hyman, Greenfield] Bill in San Francisco would make felons a protected class in jobs, housing [Fox]
  • Why are Obama officials intent on reducing due process protections for those accused of campus sexual misconduct? [Silverglate, WSJ; Philadelphia Magazine, Samantha Harris/NY Post, Ciamarella, Daily Caller (AAUP objects to plan); links at SAVE] A contrasting view [Roderick Hills, Prawfsblawg]
  • 9th Circuit rejects Bluetooth class action settlement to which Ted Frank’s CCAF objected [Fisher, NLJ, Frank]
  • Lawyer who represents jogger in product liability suit expects to file more actions claiming Skechers sneakers responsible for falls [BLT]
  • Part of a balanced breakfast: “Why the lawsuit against Nutella is bunk” [Nadia Arumugam, Slate] Update: Judge denies motion to dismiss [Russell Jackson]
  • Experts agree it’s OK to nominate Overlawyered for an ABA “100 Best Legal Blogs” slot here.

“Devil’s Bargain: Wall Street and the Martin Act”

My new op-ed at the New York Post looks at the history of Spitzer-to-Cuomo-to-Eric Schneiderman prosecutorial overreach and asks: how exactly did the New York Attorney General come to have so much power with so little constraint? (& welcome Instapundit, Real Clear Markets, Timothy Carney/Examiner, CEI readers)

More: I and others have written about the act here and at Point of Law.

EEOC: drinking history no reason to withhold heavy trucking jobs

Old Dominion Freight Line, Inc., an interstate trucking company, doesn’t want to put drivers with a history of drinking problems behind the wheel, and has accordingly been sued by the federal Equal Employment Opportunity Commission for allegedly violating the Americans with Disabilities Act (ADA), under which alcoholism is considered a protected condition. I’ve got details in a new post at Cato at Liberty (& Bader/CEI, Lachlan Markay/Heritage, Fox News).