Another installment in World’s Most Embarrassing Lawsuits, a series: A California man is suing BMW, claiming that following a four-hour ride the seat on his motorcycle inflicted on him a state of unwanted sexual arousal that he has been unable to deactivate for 20 months. The German-owned automaker notes that he was using a custom seat purchased from an aftermarket supplier (which he’s also suing) and says it cannot be responsible for the performance of aftermarket equipment. [WWJ Detroit, with some memorable comments]
Archive for April, 2012
Only 71 percent of West Coast restaurants found to violate wage/hour law
Jon Hyman is surprised the number isn’t 100 percent:
What’s amazing to me is that the percentage of non-compliant employers is only 71 percent. I remain convinced, as I’ve pointed out before, that I can walk into any company and find a wage and hour violation. The FLSA and its regulations are that complex, twisted, and anachronistic.
April 30 roundup
- Because Washington knows best: “U.S. ban sought on cell phone use while driving” [Reuters, earlier here, here, here, etc.] More here; and LaHood spokesman says Reuters overstated his boss’s position.
- Janice Brown’s Hettinga opinion: Lithwick can’t abide “starkly ideological” judging of this sort, except of course when she favors it [Root, earlier] At Yale law conclave, legal establishment works itself into hysterical froth over individual mandate case [Michael Greve] And David Bernstein again corrects some Left commentators regarding the standing of child labor under the pre-New Deal Constitution;
- Latest antiquities battle: Feds, Sotheby’s fight over 1,000-year-old Khmer statue probably removed from Cambodia circa 1960s [VOA, Kent Davis]
- Sebelius surprised by firestorm over religious (non-) exemption, hadn’t sought written opinions as to whether it was constitutional [Becket, Maguire] Obamanauts misread the views of many Catholics on health care mandate [Potemra, NRO]
- “20 Years for Standing Her Ground Against a Violent Husband” [Jacob Sullum] How Trayvon Martin story moved through the press [Poynter] And Reuters’ profile of George Zimmerman is full of details one wishes reporters had brought out weeks ago;
- Coaching accident fraud is bad enough, making off with client funds lends that extra squalid touch [NYLJ]
- Kip Viscusi, “Does Product Liability Make Us Safer?” [Cato’s Regulation magazine, PDF]
Conscience, t-shirts and coercion
A t-shirt company declined to print message shirts for the Lexington, Ky. gay rights organization, explaining that to do so would be contrary to its beliefs. The group proceeded to file a complaint with the Lexington Human Rights Commission, which says it intends to apply subpoena power and that the t-shirt printer faces fines under a city ordinance if found to have “discriminated.” [Eugene Volokh, Bruce MacQuain/QandO]
At the sound of English bell-ringing…
“…your heart will lift up, unless you are the noise nuisance officer of North Somerset….For the time being, the chimes of Wrington have been silenced,” owing to a noise complaint lodged by a weekending Londoner. [A.N. Wilson, The Independent]
NYC issues $300 tickets for ornamental birdbaths
The premise is that they are a public health menace since standing water in them might afford a haven for mosquitoes that carry West Nile virus. [Gideon Kanner]
Lawyer-dad: so what if my son cheated?
“The parents of a Peninsula high school sophomore are suing the school district for kicking the teenager out of an honors class because he cheated.” Jack Berghouse and his wife do not dispute that their son committed plagiarism, but their lawsuit claims “the school’s policies regarding punishment for cheating are vague and contradictory and shouldn’t be enforced.” [KCBS, KGO, San Jose Mercury News]
Reminder: “like” Overlawyered on Facebook
You can do that here (and if you’re on Twitter, follow the site as well as @walterolson)
“Diversity Training Doesn’t Work”
The popular management technique, adopted in countless workplaces in response to legal and regulatory pressure, may inadvertently intensify rather than extinguish prejudice, argues Peter Bregman in Psychology Today. Earlier here, here, and, on sexual harassment prevention/sensitivity training, here, here, here, etc.
More: From Hans Bader, why it persists despite failure — in education, accreditation rules are one important driver — and why trainers have been known to encourage employers in mistaken beliefs (such as that public employees can and should be disciplined for criticizing affirmative action policies) that are at variance with court holdings.
Instant regulatory-agency celebrity of the week
EPA regional administrator Al “crucify them” Armendariz [Heritage “Foundry,” Christopher Helman/Forbes]