Already driven to the bankruptcy courts by liability over past wildfires, and facing further legal exposure when its equipment sparks new fires, Pacific Gas & Electric generally does not face liability for cutting power supply [Tyler Cowen, Bloomberg Opinion and related with reader comments; Ted Frank on Twitter] “California’s ratepayers like to imagine that someone else can pay the bill… In 2017, the commission refused to let San Diego Gas & Electric raise rates to cover its liability for wildfires that took place in 2007, which is why utilities are now terrified of any risk, however small, that their equipment might start a fire.” [Megan McArdle, Washington Post/Santa Cruz Sentinel] More: Ed Driscoll with link roundup including account of opposition to trimming of trees near PG&E power lines to reduce fire risk; earlier including link to Susan Shelley column.
Archive for November, 2019
Free speech roundup
- Massachusetts state lawmaker who introduced much-derided bill to criminalize the word “bitch” when directed at another person says he “filed the bill after being asked to do so by a constituent.” [Alex Griswold, Free Beacon]
- Presidents have long used their power to retaliate against the press. When does the constitution direct or permit the courts to do anything about that? [First Amendment lawyer Robert Corn-Revere for FIRE, part one and part two]
- After two students shout racial slur loud enough for others to hear, University of Connecticut arrests and charges them “under a rarely-used, unconstitutional state law prohibiting ‘ridicule.'” [Adam Steinbaugh, FIRE]
- “May a company get an injunction to block a defendant from invoking the Streisand Effect?” [Paul Alan Levy]
- How courts draw the line on when menacing language triggers the “true threat” exception to First Amendment protection [Federalist Society teleforum with Eugene Volokh, John Elwood, and Michael Dreeben]
- “Should Congress Pass A ‘Deep Fakes’ Law? A few tentative thoughts.” [Orin Kerr, Volokh Conspiracy]
“South Carolina Judge Declares Civil Forfeiture Unconstitutional”
Horry County (Myrtle Beach), South Carolina: “In a 15-page decision, 15th Judicial Circuit Judge Steven H. John declared that South Carolina’s civil forfeiture laws, which let the government ‘seize unlimited amounts of cash and other property when no crime has been committed,’ run afoul of the U.S. and South Carolina Constitutions’ guarantees of due process and bans on excessive fines.” [Nick Sibilla, Forbes; Scott Shackford, Reason]
From opioids suits, an expected fee harvest far into the billions
The prospect of settlement in the local government opioid cases is likely to result in a massive windfall into the many billions of dollars for private lawyers who signed up government clients; many of these lawyers are munificent political donors as well [Daniel Fisher, Legal Newsline] Earlier, an Ohio federal judge’s scheme for opioid “negotiating class” idea raised eyebrows [Alison Frankel/Reuters, Daniel Fisher/Legal Newsline; Jan Hoffman, New York Times] And at Harvard Petrie-Flom’s “Bill of Health,” Jennifer Oliva interviews Prof. Elizabeth Chamblee Burch on the opioids battle; Burch has been critical of self-dealing and angling for fees by lawyers in mass tort and multi-district litigation.
Wage and hour roundup
- After Target, under pressure from activists, announced a $15 companywide minimum wage, “workers say they’ve had their hours cut and lost other benefits, such as health insurance.” [Eric Boehm, Reason]
- New Chicago scheduling ordinance is “the ultimate intrusion of government in the workplace.” [Chicago Tribune editorial; Allen Smith, SHRM; Fisher Phillips]
- “As predicted, the $15 wage is killing jobs all across the city” [New York Post editorial; Billy Binion, Reason; Michael Saltsman and Samantha Summers, Crain’s New York letter (defenders of hike playing fast and loose with numbers) ]
- The Federalist Society held a teleforum with Tammy McCutchen of Littler Mendelson on the lower courts’ reception of the Supreme Court’s decision one year ago in Encino Motorcars on FLSA interpretation [earlier]
- By next year I expect Left Twitter to be asserting in the alternative that this famous Seattle restaurant 1) never existed, 2) remains open and has no plans to close, and 3) was sunk by issues unrelated to the minimum wage. [Jason Rantz, KTTH (Sitka & Spruce)] More on restaurants: Legal Insurrection (closure of West Coast chain); Tyler Cowen (NBER working paper on what kinds of restaurants are most likely to be affected);
- “In the past five years, nearly two-thirds of companies have faced at least one labor and employment class action and, overwhelmingly, companies report that wage and hour matters are their top concern in this category.” [Insurance Journal, Carlton Fields Class Action Survey]