- California Supreme Court: fee shift in disabled-rights claim can go to winning defendant, not just plaintiff [Jankey v. Song Koo Lee, Bagenstos/Disability Law]
- That’s Olsen with an “e”: “Lawmaker wants to protect cities from frivolous lawsuits over A.D.A.” [California Assemblywoman Kristen Olsen; L.A. Times] “Gas stations confront disabled-access lawsuits” [Orange County Register] Serial ADA filer hits New Orleans [Louisiana Record] ADA drive-by suits in Colorado and elsewhere [Kevin Funnell]
- And this lawyer follows a see-no-evil policy regarding ADA filing mills: “I refuse to pass judgment on other attorneys here.” [Julia Campins]
- Child care center could not turn away applicant with nut allergy because Iowa disabled-rights law said to have expanded its coverage of categories when the U.S. Congress expanded ADA, though Iowa lawmakers enacted no such expansion [Disability Law]
- Feds join in LSAT accommodation suit [Recorder]
- Official in San Francisco’s mayoral Office on Disability files disability-bias claim [KGO]
- “Testing employees for legally prescribed medications must be done carefully” [Jon Hyman]
Posts Tagged ‘California’
One in ten California drivers has disabled placard
But how many actually deserve one? [CBS Los Angeles via Alkon]
Labor and employment roundup
- Seventh Circuit upholds Wisconsin Gov. Scott Walker’s public sector labor law reform [Milwaukee Journal-Sentinel]
- In theory, California workers fired for cause aren’t entitled to unemployment compensation. In practice… [Coyote]
- Comstockery meets occupational licensure: how New York’s Cabaret Law tripped up Billie Holiday [Bryan Caplan]
- New Jersey lawmakers move to cut nonunion workers out of Hurricane Sandy recovery jobs [Jersey Journal]
- Cheer up, plaintiff’s bar, you’re doing very well these days out of FLSA wage-and-hour actions [Max Kennerly]
- Back to “spiking”: “CalPERS planning to gut a key cost-control provision of new pension law” [Daniel Borenstein, Contra Costa Times] When government negotiates with public sector unions over pay, the process should be transparent to taxpayers and the public [Nick Dranias, Goldwater Institute]
- Sacre bleu! Labor law reform reaches France [NYT]
As IOLTA shrinks, its advocates get creative
The idea of Interest on Lawyers’ Trust Accounts (IOLTA) programs in California and elsewhere is to skim off tiny sums from clients’ accounts, too small to be worth arguing about (isn’t that what class action theorists are always claiming defendants get away with?) to finance legal representation, sometimes for indigent clients, other times for “cause” litigation, the latter of which results in “a lot of unsuspecting clients funding things they may or may not have believed in.” With interest rates at prolonged lows, however, the sums raised by IOLTA have drooped, and California bar authorities have responded by burying new line items in dues renewals for voluntary levies — which have not, it seems, resulted in the hoped-for flood of lawyer contributions. [Charlotte Allen, L.A. Times](& Legal Ethics Forum)
Public employment roundup
- Report: California state psychiatrist paid $822,000, highway cop $484K in pay/benefits [Bloomberg News via Dan Mitchell]
- “Florida Prison Guard Charged with $2.7 Million Workers’ Comp Fraud” [Insurance Journal]
- Agitprop video from California Federation of Teachers is educational, if only in unintended ways [Katherine Mangu-Ward]
- “California government employee unions spent nearly $100 million in the lead up to the November election” [Jon Coupal, Fox and Hounds] How San Bernardino went broke: a cautionary tale [Reuters]
- “Taxpayers funding 35 six-figure union chiefs at Transportation Department” [Examiner]
- Congress again strengthens legal hand of federal employees claiming whistleblower status [Paul Secunda] Mistrial in case of whistleblower group’s payment to government worker [WaPo]
- “Binding Arbitration’s Threat To State And Local Governments” [Ivan Osorio, CEI]
Do commercial property owners have a duty to keep defibrillators on site?
Kyle Graham notes that the Ninth Circuit has certified that question to the California Supreme Court, in Verdugo v. Target Corp. [Non Curat Lex; opinion, PDF](& White Coat)
Staring down in-state protectionism
The Supreme Court will consider whether to grant certiorari in the case of National Association of Optometrists & Opticians v. Harris, in which national eyewear companies are challenging a California regulation that works to the benefit of their locally based competitors. The Cato Institute has filed an amicus brief supporting certiorari, as Ilya Shapiro explains:
Under California’s Business and Professions Code, state-licensed optometrists and ophthalmologists are allowed to conduct eye exams and sell glasses at their place of business, while commercial retailers – such as the national eyewear chains represented by the NAOO – are barred from furnishing onsite optometry services. Since consumers have a strong preference for “one stop shopping” – buying their glasses at the same place where they have their eye exams – California’s law gives instate retailers a crucial competitive advantage. Businesses that cannot co-locate their services have quickly vanished from the market.
The Cato brief argues that by putting the out-of-state chains at an artificial regulatory disadvantage, California is violating the Constitution’s dormant Commerce Clause.
Homeless man wins $200K for exclusion from L.A. buses
…and how he spends his Unruh Act windfall results in — did you guess? — more legal complications. [Gendy Alimurung, L.A. Weekly via @andrewmgrossman; Nowell’s earlier legal battles here and here]
Election roundup
- Dan Mitchell rounds up many of the significant state ballot measures [Cato] California official voter guide is 144 pages long; “As usual, almost all of the proposals being put before voters are bad.” [Josh Barro, Bloomberg; coverage of Prop 37 on genetic labeling here, here, etc.]
- And as some readers will recall, I am hoping voters in Maine, Washington and my own state of Maryland vote to extend civil marriage to same-sex couples, and that voters in Minnesota reject a constitutional amendment to the opposite effect.
- Digging into the Obama-Romney dispute over use-it-or-lose-it oil leases [Daniel Fisher, Forbes]
- “The myth of auto bailout jobs” [Andrew M. Grossman, DC Examiner] On Jeeps, Romney takes a leaf from the Obama tactical playbook, and Obama not pleased [Tim Carney, Examiner]
- New Cato e-book “The Libertarian Vote: Swing Voters, Tea Parties, and the Fiscally Conservative, Socially Liberal Center” by David Boaz, David Kirby, and Emily Ekins, doing well on Amazon Kindle listings. And: which way should a libertarian vote for President this time? [Richard Epstein]
- “Survey of State Supreme Court Races and Retention Elections” [Carrie Severino, NRO, Ashby Jones/WSJ; earlier on Michigan here and here, on Florida here, here, and here]
- Government officials pressure private billboard owner to take down “Voter Fraud Is a Felony” sign [Hans Bader]
- Peaceful transfer of power to opposition party is gold standard of democracy [Steve Chapman]
- “As churches get political, IRS stays quiet” [Reuters, earlier]
- “Editorial: Inslee’s criticism of McKenna points up need for tort reform” [Seattle Times; my take on Washington state’s curious waiver of sovereign immunity a while back]
Public employment roundup
- More intimidation of city councilors by Southern California police unions [Reason, earlier]
- Illinois Gov. Quinn calls for federal bailout of state pension plans [Ted Biondo, Rockford Register-Star, Ivan Osorio/CEI] Illinois Policy Institute launches campaign against idea [Frank Keegan, State Budget Solutions, IllinoisWatchdog.org]
- Former TSA Agent Says Stealing from Passengers’ Bags Is Common [Daniel Politi, Slate]
- “Chicago Teacher’s Strike Illustrates the Need for Choice” [Steve Chapman]
- California’s Potemkin public pension reform [Greenhut, City Journal] Report on political clout of California public service unions [Daniel DiSalvo, MI]
- College example shows how rules that lock in job security for some often leave others insecure [Virginia Postrel]
- Connecticut sweetheart labor deal: “Now, the governor doesn’t exactly report it that way in the press” [Zachary Janowski, City Journal]