Posts Tagged ‘Louisiana’

Louisiana: “…an unknown third vehicle waves down an 18-wheeler”

Attorneys for Mississippi-based Whitestone Transportation “allege in court documents that their investigations have uncovered evidence of more than 30” incidents around New Orleans following a distinct pattern of “multiple people in a claimant vehicle, sideswipe allegations with commercial vehicle trailers, minimal damage to claimant vehicle, little to no damage to the insured trailer and a commercial vehicle driver who is either unaware of or denies impact, according to trucking attorneys.” “In Louisiana we estimate our insurance costs are three to five times more than the national average,” said Chance McNeely, executive director of the Louisiana Motor Transport Association, and with the legal system not well suited to defeating claims for staged or pretended accidents, companies are increasingly turning to truck-mounted cameras.

“It’s always the same thing: Four people in a sedan, and there’s always a random witness who gives a loose statement to the cops and has a random appointment and has to get away, “ McNeely said. And all too often they use the same attorneys and the same doctors, he said….

“We have a lot of billboards for attorneys, and many of them demonize our industry,” he said.

[Eric Miller, Transport Topics]

Crime and punishment roundup

  • Bloodstain analysis convinced a jury Julie Rea killed her 10-year-old son. It took four years for her to be acquitted on retrial, and another four to be exonerated. Has anything been learned? [Pamela Colloff, ProPublica] Forensics’ alternative-facts problem [Radley Balko] The chemists and the coverup: inside the Massachusetts drug lab scandal [Shawn Musgrave, Reason, earlier here, here, here, etc.]
  • “I would say, you know, as a parting gift, if you’d like to throw in some iPhones every year, we would be super jazzed about that…. So, you know, a hundred, 200 a year.” A window on the unusual business of prison-phone service [Ben Conarck, Florida Times-Union, state Department of Corrections]
  • Should juries be forbidden to hear any evidence or argument about their power of conscientious acquittal? [Jay Schweikert on Cato amicus in case of U.S. v. Manzano, Second Circuit; related, David Boaz on 1960s-era jury nullification of sodomy charges]
  • This hardly ever happens: prosecutor disbarred for misconduct [Matt Sledge, Baton Rouge Advocate; Louisiana high court revokes license of Sal Perricone following anonymous-commenting scandal]
  • “Cultural impact assessments”: Canadian courts weighing whether race should play role in sentencing minority offenders [Dakshana Bascaramurty, Globe and Mail]
  • “The Threat of Creeping Overcriminalization” [Cato Daily Podcast with Shon Hopwood and Caleb Brown] “Tammie Hedges and the Overcriminalization of America” [James Copland and Rafael Mangual, National Review]

Free speech roundup

Land use and development roundup

Liability roundup

Environment roundup

Liability roundup

December 6 roundup

  • Torts class hypotheticals come to life: tipsy axe-throwing, discussed in this space last June, is coming to D.C. [Jessica Sidman, Washingtonian] One guess why Japanese “slippery stairs” game show might not translate easily to Land O’ Lawyers [Dan McLaughlin on Twitter]
  • “California lawyer pleads guilty in $50M visa scam” [Debra Cassens Weiss, ABA Journal]
  • Claim: longstanding practice in Louisiana and Oregon of not requiring jury unanimity for felony convictions reflects states’ racial past [Angela A. Allen-Bell, Washington Post]
  • “Judge Halts Copyright Troll’s Lawsuit Against A Now-Deceased Elderly Man With Dementia And An IP Address” [Timothy Geigner]
  • David Henderson reviews Richard Rothstein book on history of federal encouragement of housing segregation, The Color of Law [Cato Regulation magazine]
  • Class action: sellers of cold-pressed juice should have disclosed that it was high-pressure-processed [Elaine Watson, Food Navigator USA]

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]

“Orleans Parish prosecutors are using fake subpoenas”

Seems incredible: the district attorney’s office in the county-equivalent that includes New Orleans sends out bogus subpoenas not actually cleared with a judge ordering witnesses to appear for investigations. A spokesman says it’s been done for decades. Following press inquiries, “the District Attorney’s Office has said the practice will end.” [The Lens (New Orleans)]