Author Archive

Got a “mean” boss? See ’em in court

We’ve reported before (here and here) on the campaign by activists to establish a cause of action arising from “workplace bullying”. Efforts to get the courts to create such a right have not fared well, but the National Law Journal reports growing interest around the state legislatures:

Connecticut, for example, wants to outlaw “threatening, intimidating or humiliating” conduct by a boss or co-worker and would ban repeated insults and epithets. The proposal doesn’t specify a penalty, but would only give workers the grounds to sue.

New York’s anti-bullying legislation targets malicious conduct by supervisors that hurts employees either physically or psychologically. Mental health harm could include humiliation, stress, loss of sleep, severe anxiety and depression. The bill also would punish retaliation of the complainant or anyone who helps the complainant.

As management lawyers warn, enactments of this sort could result in a large new volume of litigation; the ample scope for differences of opinion about what constitutes hurtful sarcasm or a humiliating memo style could turn the courts into ongoing “superpersonnel departments” dispensing financial balm for injured feelings in the workplace. (cross-posted from Point of Law).

Cheating student sues school

Shi (“Carl”) Huang, a senior at Theodore Roosevelt High School in Kent, Ohio, and a Chinese national in the country on a student visa, hacked his teacher’s computer using a guessed password and obtained test questions. He was caught and given an “F” for the course, having been a straight-A student previously; the school also suspended Huang and is pressing criminal charges which could affect his ability to stay in the country. Now Huang and his parents are suing the teacher, James Zagray, the Kent board of education, and three school administrators, saying the boy was entrapped into the misconduct, that the teacher did not reach out sufficiently as he struggled with the course, and that the district mishandled the disciplinary process. Demands include monetary damages as well as changes to Huang’s grade and other records. (Marci Piltz, “Kent student sues over suspension”, Ravenna Record-Courier, May 3; Vic Gideon, “Honor student might have to leave country after getting caught cheating”, WKYC, May 2).

Basset hound ban?

“Dog breeders have warned that some of Britain’s best-loved breeds including dachshunds, bulldogs and basset hounds could disappear because of new and potentially far-reaching government animal-welfare measures.” Animal welfare groups have campaigned against the breeding of pedigreed animals, saying the pursuit of distinctive characteristics such as head size in bulldogs often comes at the expense of the animal’s health. A controversial Europe-wide treaty on animal breeding would translate the idea into law. “Dog breeders fear that the treaty’s terms are so broad that it would effectively forbid the breeding of distinctive types of dog because their defining characteristics could be seen as risking their welfare. According to the Scottish Kennel Club, ratifying the treaty would mean that anywhere between 30 and 40 breeds would effectively be outlawed.” The director of Edinburgh-based Advocates for Animals calls the argument “scaremongering nonsense”. (James Kirkup, “Euro rules ‘could outlaw 40 dog breeds'”, The Scotsman, Apr. 30).

Playground wood chips ruled unfair to disabled

Uh-oh: “A Contra Costa County school district’s use of wood chips in play boxes makes it harder for boys and girls in wheelchairs to get to swings and slides, a violation of the disabled children’s rights, a federal judge has ruled.” Rubberized mats, the main alternative, are eight times as expensive, according to a lawyer for the district in Northern California. According to playground designer Susan Goltsman, “wood chips are more yielding and may cushion falls better”, aside from which employing a variety of ground materials is helpful in keeping playgrounds interesting to kids. (Bob Egelko, “Wood chips ruled unfriendly to disabled kids”, San Francisco Chronicle, May 5).

Clients: Lerach settled our case and never told us

That’s what three clients are alleging in court papers about Bill Lerach’s $10 million settlement in 2004 of a securities case called Yusty v. Tut Systems. Carlos Horacio Yusty, Andres Jaramillo, and Rodrigo Jaramillo say that by the time they got wind of the settlement two years later, all the proceeds had been distributed and Lerach and partner Darren Robbins of Lerach Coughlin had cashed a $2.5 million fee. The trio’s lawyer, Bruce Murphy of Vero Beach, Fla., also says he was done out of a referral fee. The class-action sultan’s (and Robbins’s) response to the charges isn’t known yet. Roger Parloff of Fortune has a full report (Legal Pad, May 13).

“Publication of false information concerning the City of Pomona”

Eugene Volokh points out that you can’t be found liable for defaming a city, notwithstanding a nastygram sent by the Pomona, Calif. city attorney to the Foothill Cities weblog (May 11). The weblog has pulled down the posts in question, which reported on rumors involving the city manager and others in the city’s employ: “We’re going to let Goliath win this one”. (May 11).

“Hello. My name is John Doe. Sue me.”

The Jersey Jihad arrests, following a report to authorities by an alert Circuit City employee, have reignited talk of protecting airline passengers from being sued for reporting suspicious behavior. Michelle Malkin has the slogan on a button (May 9; see also Audrey Hudson, “Republicans lobby Pelosi to protect ‘John Does'”, Washington Times, May 2; NRO “The Corner”). Earlier: Mar. 15, Mar. 22, Mar. 29, Apr. 19. Update: Jul. 20 (Hill conferees strip John Doe protection from bill).

Update: Boston Herald libel award upheld

“Massachusetts’ highest court on Monday upheld a $2 million verdict against the Boston Herald won by a state Superior Court judge who said the newspaper libelously depicted him as soft on crime and insensitive to the suffering of a 14-year-old rape victim.” Better be careful what you say about Judge Ernest Murphy in future. (AP coverage; Romenesko first, second posts; Dan Kennedy, Media Nation; Childs). Earlier coverage: Dec. 8 and Dec. 23, 2005.