Posts Tagged ‘Los Angeles’

L.A. city council: no convenience for you

Paternalism under the palms [Future of Capitalism]:

The Los Angeles City Council, having already established “a moratorium on new openings of fast-food restaurants” within a 32-square-mile area of South Los Angeles, is now preparing a crackdown on convenience stores that “would prohibit such small neighborhood markets from being closer than one-half mile from one another unless they sold fresh fruit and vegetables,” reports the Los Angeles Times. Link via the American Council on Science and Health.

CPSIA chronicles, June 18

kingstork21

  • As noted earlier, the next all-out debacle on the CPSIA front is expected to result from the law’s tracking and labeling regulations, due to take effect August 14, and for which the CPSC has not yet issued guidance, although product makers ordinarily need to resolve crucial issues of manufacturing (as with etching of lot numbers) and packaging at least many months if not longer in advance of sale. Sharon McLoone at CNNMoney had quite a good report a week ago on this latest crisis, which as of this writing has not been followed up much of anywhere else in the press. This continues the pattern in which 1) most key elements of the ongoing CPSIA disaster get good coverage in at least one (sometimes more) major media outlets; 2) the bigger-picture disaster of the law never quite succeeds in breaking out into general coverage as a national story, in large part because 3) the agenda-setting New York Times never consents (even six months into the story!) to give the matter any coverage at all. For more hints on the approaching tracking-label train wreck, see this op-ed by a South Carolina maker of school supplies (“Companies such as ours are now forced to guess about their new legal requirements. … My company may have to change labels hundreds of times a week in our two factories. The investment necessary to handle this new rule alone is crippling.”), or the comments of appliquéd bib maker Laurel Schreiber of Lucy’s Pocket (if the testing doesn’t get her, the tracking labels will), or of New Jersey wooden toy maker John Greco (advised that tracking info would add $3.50 to $5.00 to cost of making $10 handmade toy). And here’s a view from the home furnishings business.
  • No, the menace to pre-1985 children’s books has not gone away, not in the least. Librarians and publishers remain on the edge of their seats awaiting exemptions, clarifications or both. There was some good coverage last month in the Sioux Falls Business Journal (store owner Jenny Cook “had to throw out only 30 books at her store to comply” because most were newer; “Siouxland Libraries has pulled a list of books that were published before 1985”) and at Syracuse.com (“When you think through the implications, it means closing our libraries to children”). And in a sign of possible things to come, ABC-affiliated stations in Seattle and Washington, D.C. have now run sensationalist “toxic books!” attacks on local libraries [Common Room, ShopFloor] More: Winifred Maker, Anderson Valley Post (April).
  • The CPSC’s stay of enforcement didn’t really solve the problem of the ban on dirtbikes and mini-ATVs, and responsible users and dealers end up getting the short end of the stick [Jason Giacchino/ATVSource, Vince Castellanos/ESPN FMX, Motorcycle Industry Council, Charleston (S.C.) Post and Courier]
  • Downtown Los Angeles is home to an estimated 500 toy companies — most of them far smaller than crosstown giant Mattel — and they’re in much distress from the law. [Alexa Hyland, L.A. Business Journal] The L.A. Times, which once gave serious scrutiny to the law’s effects on the apparel and resale sectors, seems (scroll) to be dropping the ball.
  • Those who remain in the kids’-product business after coping with all the other parts of the law will also want to educate themselves about “recall escrows” [Rick Woldenberg]
  • Inez Tenenbaum, named by Obama as new CPSC chair, had her confirmation hearing on Tuesday [ShopFloor and more, Rick Woldenberg]. Nancy Nord earlier stepped down from her role as acting chair.
  • What, what, what could they have been thinking? The American Library Association has actually given its 2009 Public Service Award to California Senator Barbara Boxer, a key architect of some of CPSIA’s provisions; the retroactive phthalates ban she championed has been especially effective in forcing “books-plus” off library shelves, and she has turned a coldly unsympathetic ear to cries of distress over the law (via @melanes). To repeat: what could the ALA have been thinking?
  • micebellcat2

Public domain images courtesy ChildrensLibrary.org: Walter Crane, illustrator, The Baby’s Aesop (1887).

Bluetooth Headset Settlement Update

Readers may recall our discussion of the Bluetooth Headset class action settlement, which remarkably granted zero to the class while asking for substantial attorneys’ fees. I asked if anyone was interested in objecting, and the response was overwhelming. Today I’ve filed an objection on behalf of seven clients.

There were more objectors out there than I could feasibly represent. If you wanted to object, but I was unable to represent you, you can still join this objection. Follow the instructions for notifying the court and attorneys of your objection, and simply state, in addition to your name and address and phone number, that you join the objection of William J. Brennan et al., docket number 107. I won’t be your attorney, but you can have the pleasure of “voting” for the objection I wrote.

And anyone in Los Angeles July 6 who wants to watch the hearing, please join in the fun. I’ve got my plane ticket.

Teacher tenure: “Failure gets a pass”

Having been critical of the Los Angeles Times yesterday, let me accord all due credit to the paper for its investigative series on the near-impossibility of firing teachers in L.A. The district has spent more than $2 million, for example, trying to get rid of Matthew Kim, a special ed teacher accused of harassing teenagers and colleagues who has been collecting full salary for seven years without actually teaching. One underlying problem: “Kids don’t have a union.” Bloggers react: Ken @ Popehat, Mickey Kaus, Amy Alkon, Brian Doherty. Meanwhile, reports Seyward Darby in the New Republic (via Nick Gillespie), “About 1,400 teachers in New York City are receiving full salaries and benefits even though they don’t have permanent jobs. Two hundred and five of them have been without full-time work for three years. And they can continue receiving payments indefinitely even if they never secure new positions.” It’s called the Absent Teacher Reserve.

“Humiliation” suit over Korean broadcasts

Patrick @ Popehat (otherwise known to our readers as SSFC) takes a look at a sequel to the mad-cow affair. To quote Steven Mikulan at L.A. Weekly:

Spearheaded by about 50 of their fellow countrymen from the Los Angeles area, 1,020 Korean Americans have filed a $735 million lawsuit against Seoul TV broadcast company MBC. The suit claims that, by sounding a new alarm about mad cow disease and U.S. beef, which has been banned in South Korea since 2003, MBC caused the Korean Americans to be “humiliated . . . and subjected them to mockery in the United States.” A spokesman for the plaintiffs claims that MBC implied that anyone eating American beef would contract the disease, and that Koreans living in the U.S. were held in low regard as consumers of the beef.

More coverage: Korea Times, Brian in Jeollanam-do.

January 12 roundup

  • Airline off the hook: “Couple drops lawsuit claiming United is liable for beating by drunken husband” [ABA Journal, earlier]
  • Why is seemingly every bill that moves through Congress these days given a silly sonorous name? To put opponents on the defensive? Should it do so? [Massie]
  • With police payouts in the lead, Chicago lays out more money in lawsuits than Los Angeles, Houston, Phoenix, Philadelphia, Dallas put together (but NYC still #1 by far) [Chicago Reader]
  • Who’s behind the website Asbestos.com? Bill Childs does some digging [TortsProf]
  • When not busy carrying out a mortgage fraud scheme from behind bars at a federal prison, inmate Montgomery Carl Akers is also a prolific filer of lawsuits, appeals and grievances [Doyle/McClatchy]
  • Alcohol policy expert Philip Cook on Amethyst Initiative (reducing drinking age) [guestblogging at Volokh]
  • Must Los Angeles put career criminals on public payroll as part of “anti-gang” efforts? [Patterico]
  • Some “local food” advocates have their differences with food-poisoning lawyer Bill Marler [BarfBlog, which, yes, is a food-poisoning policy blog]; Marler for his part is not impressed by uninjured Vermont inmates’ “entrails in the chicken” pro se suit [his blog; more from Bill Childs and in comments; update: judge dismisses suit]

ATRA’s “Judicial Hellholes 2008”

The American Tort Reform Association is out with its annual ranking of the jurisdictions where it thinks civil defendants are farthest from being assured a fair trial, and they are:

  1. West Virginia
  2. South Florida
  3. Cook County, Ill.
  4. Atlantic County, NJ
  5. Montgomery and Macon Counties, Ala.
  6. Los Angeles County, CA
  7. Clark County (Las Vegas), Nev.

The list reflects the views of big-company managers and lawyers as to tort lawsuits; a poll of, say, doctors might result in different nominations (Brooklyn, Bronx, Long Island*, Philadelphia) and one of class-action or patent-infringement defendants would likely produce yet other lists.

ATRA has a supplementary “Watch List”, nicknamed by some of us “Heckholes”, of toasty but not quite infernal jurisdictions, on which it places the Rio Grande Valley and Gulf Coast of Texas, Madison County, Ill., Baltimore, Md., and St. Louis city and county and Jackson County, Mo. It also offers side essays on notable scandals among high-rolling lawyers, trial lawyer-AG alliances, and pro-plaintiff’s-bar lobbying efforts.

Some coverage of the report: Pero, ShopFloor (with this and this on AG alliances), Ambrogi, Genova, CalBizLit (“We’re Number 6! We’re Number 6!), TortsProf, Miller (Baltimore), and Turkewitz (cross-posted from Point of Law; also note this recent post).

* Commenter VMS makes a case that Long Island does not belong on such a list.

Judge Kozinski’s email joke list

The L.A. Times invites readers’ dudgeon about the judge’s private emailing of tasteless jokes to friends. Patterico and Althouse take somewhat different views of the supposed offense. The West Coast newspaper, writes James Taranto, “has been drawn into a vexatious litigant’s smear campaign against Kozinski“, and Ted has called the paper’s coverage “appalling“. More: Obbie, Patrick @ Popehat.