Archive for 2017

Constitutionalize the ADA? No thanks

A dreadful idea, but sure to keep lawyers busy: American Bar Association president proposes constitutionalizing the principles of the Americans with Disabilities Act by getting the Supreme Court to reverse City of Cleburne (1985), in which it declined to pronounce the mentally disabled a suspect or quasi-suspect class under the Equal Protection Clause [ABA Journal]

Meanwhile, where we are now: Mark Pulliam surveys the landscape of the actual ADA and finds that it “has spawned senseless mandates, abusive lawsuits, and stratospheric costs.” [Mark Pulliam, City Journal, and related; thanks for kind mentions]

Campus climate roundup

“Macron Takes On France’s Labor Code, 100 Years in the Making”

“For now, the labor code is so complex, and violating it is so risky, that many French employers keep it in a separate room and speak of it with awe. Only specialists, on their staff or outside it, are allowed to consult the oracle, they say…. The Macron changes would help employers set the rules on hiring and firing, ignore the crippling restraints in the code that discourage taking on new workers, and limit unions’ ability to get in the way. Instead, individual agreements would be negotiated at the company or industry level between bosses and workers.” [Adam Nossiter, New York Times]

Food and drink roundup

In Philadelphia, sue thy neighbor

Dozens of Registered Community Organizations (RCOs) across Philadelphia “have to provide their own liability insurance to protect their volunteer staffers, and all it takes is one or two lawsuits for premiums to reach untenable heights.” The lawsuits are readily forthcoming since a common role of RCOs is to submit comments on land use development proposals, high-stakes issue often leading to litigation. The Bella Vista Neighbors Association, involved in a lawsuit three years ago, was set to shut down just the other day when “a Utah-based carrier specializing in tough-to-insure entities — think fireworks, helicopter bungee jumps, and trampoline companies — stepped in, finalizing a plan hours before the meeting, which coincided with the last day of the association’s coverage.” [Julia Terruso, Philadelphia Daily News]

Update: Louisiana sheriff’s raid on blogger’s home

We reported last year on how the sheriff of Terrebonne Parish, Louisiana, relying on the state’s old and constitutionally infirm criminal-libel law, had raided the house and seized the computers of a local man suspected of being responsible for a gadfly blog that had criticized the sheriff and other community figures. Now, unsurprisingly, a federal judge is allowing a lawsuit to go forward seeking damages for the search: “Some qualified immunity cases are hard. This case is not one of them.” [Eugene Volokh]

Social media liberty roundup

UK tourists abroad file wave of food poisoning claims

“Tens of thousands of UK tourists have put in for compensation [for food poisoning] in the past year, even though sickness levels in resorts have remained stable,” reports the BBC, in what Mark Tanzer, chief executive of trade travel association Abta, says is “one of the biggest issues that has hit the travel industry for many years”. Travel firm Tui “said it had experienced a 15-fold rise in holiday sickness claims in the past year, costing between £3,000 and £5,000 a time.”

Joel Brandon-Bravo, managing director of Travelzoo UK, told BBC Radio 5 live’s Wake Up To Money that the upward trend was being driven by claims management companies.
“People are being called when they get back from holiday and encouraged to make claims and we’ve also seen evidence of them employing touts outside resorts encouraging people to make a claim and walking them through the process to make it easy for them,” he said….

Abta says the cases usually involve holidaymakers who have been abroad on all-inclusive deals, who argue that because they only ate in their hotel, that must have been the source of their alleged food poisoning.

Sometimes it is possible to cast doubt on the claims, per a report by Tanveer Mann at Metro:

Two British tourists who claim they were left ‘bed-ridden’ as a result of food poisoning actually had more than 100 drinks while on an all-inclusive holiday in Gran Canaria, according to their hotel bill….

The CEO of [defendant] Jet2holidays, Steve Heapy, said: ‘The sharp rise in the number of sickness claims is costing hoteliers and travel companies dearly, and it’s frustrating when so many are made a year or more after the holiday has ended.

There is also fear that some overseas resorts will begin barring access to British holidaymakers entirely as unprofitable.

In the BBC report, Abta “says laws designed to stop fraudulent claims for whiplash have instead pushed the problem of false insurance submissions on to overseas holidays instead. This is because of a cap on the legal fees that can be charged by law firms pursuing personal injury cases at home.”