Missouri – Overlawyered https://www.overlawyered.com/ Chronicling the high cost of our legal system Wed, 06 May 2020 21:46:20 +0000 en-US hourly 1 Law enforcement for profit roundup https://www.overlawyered.com/2020/05/law-enforcement-for-profit-roundup-6/ https://www.overlawyered.com/2020/05/law-enforcement-for-profit-roundup-6/#comments Fri, 08 May 2020 10:20:07 +0000 https://www.overlawyered.com/?p=73871 Kentucky: “The day before the deal was offered, prosecutors also indicted Card’s wife, mother and father. If Card gave up the cash, the written plea offer said, the Commonwealth’s Attorney’s Office would drop their charges, too.” [Jacob Ryan, WFPL] Same state, different case: “Conviction Or Not, Seized Cash Is ‘Cost of Doing Business’ In Louisville” […]

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  • Kentucky: “The day before the deal was offered, prosecutors also indicted Card’s wife, mother and father. If Card gave up the cash, the written plea offer said, the Commonwealth’s Attorney’s Office would drop their charges, too.” [Jacob Ryan, WFPL] Same state, different case: “Conviction Or Not, Seized Cash Is ‘Cost of Doing Business’ In Louisville” [Jacob Ryan, Kentucky Center for Investigative Reporting]
  • Judge in New York: “Suffolk County may not charge $80 to resolve a $50 red light camera ticket.” [The Newspaper]
  • “Civil Forfeiture Disenfranchises the Poor” [Cato Daily Podcast with South Carolina lawmaker Alan Clemmons and Caleb Brown] “Class-Action Lawsuit Challenges Detroit’s Asset Forfeiture Racket” [C.J. Ciaramella, Reason]
  • “Father and adult daughter sue feds over confiscated life savings” [Theresa Braine, New York Daily News]
  • “Free to Drive: States punish poverty by suspending millions of driver’s licenses for unpaid fines and fees” How about reserving license suspensions for instances of actual unsafety? [advocacy site with maps and more; related, Tachana Marc, Florida Policy Institute; New York state advocacy site]
  • “Missouri Cops Used Federal Loophole To Seize $2.6 Million From Drivers Who They Never Charged With Crimes” [Zuri Davis]
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    ]]>     https://www.overlawyered.com/2020/05/law-enforcement-for-profit-roundup-6/feed/ 5     Missouri to sue China and its ruling Communist Party over pandemic https://www.overlawyered.com/2020/04/missouri-to-sue-china-and-its-ruling-communist-party-over-pandemic/ https://www.overlawyered.com/2020/04/missouri-to-sue-china-and-its-ruling-communist-party-over-pandemic/#comments Thu, 23 Apr 2020 04:05:28 +0000 https://www.overlawyered.com/?p=74103 “Missouri Attorney General Eric Schmitt, a Republican, blames China for letting the coronavirus spread. So he’s suing China, three government ministries, two local governments, two laboratories and the Chinese Communist Party in U.S. District Court.” A suit of this sort by a state against a foreign sovereign would ordinarily be stopped in its tracks by […]

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    ]]>     “Missouri Attorney General Eric Schmitt, a Republican, blames China for letting the coronavirus spread. So he’s suing China, three government ministries, two local governments, two laboratories and the Chinese Communist Party in U.S. District Court.” A suit of this sort by a state against a foreign sovereign would ordinarily be stopped in its tracks by the Foreign Sovereign Immunities Act of 1976, but never fear: “Last week, Missouri Sen. Josh Hawley introduced legislation to strip China of its sovereign immunity.” [Frank Morris, NPR]

    As my colleague Ted Galen Carpenter observed on Monday, there are many and substantial reasons to blame Beijing for bad conduct during the pandemic, and American public opinion has taken note of that. Still, sovereign immunity aside, under the constitutional design laid down by the Framers states aren’t supposed to pursue their own foreign policies. As the Supreme Court put it in Hines v. Davidowitz (1941), “Our system of government … requires that federal power in the field affecting foreign relations be left entirely free from local interference.” In Crosby v. National Foreign Trade Council (2000) the Court unanimously struck down a Massachusetts law barring state entities from buying goods or services from companies doing business with Burma (Myanmar) on the grounds that it interfered with the power of Congress and the Executive Branch to make the most of the sanctions power by exerting unified control over it.

    It’s not clear that the different circumstances here would trip the Crosby wire, but Missouri is treading a path here not unlike that of the San Francisco Board of Supervisors, long deservedly criticized for sticking its nose into foreign policy causes whether good or bad. It is noteworthy that Justice Ruth Bader Ginsburg, who takes a somewhat broader view of states’ permissible involvement in this field than do her majority colleagues, has written nonetheless that the case for pre-emption is strongest “when a state action ‘reflects a state policy critical of foreign governments and involve[s] sitting in judgment on them.'” Explicitly hostile measures toward a foreign power are especially likely to undermine U.S. foreign policy by raising the chance of a breach in relations or retaliation. David R. Schmahmann and James S. Finch have more in this 1998 Cato briefing paper.

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    Missouri to sue China and its ruling Communist Party over pandemic is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2020/04/missouri-to-sue-china-and-its-ruling-communist-party-over-pandemic/feed/ 4     Law enforcement for profit roundup https://www.overlawyered.com/2019/09/law-enforcement-for-profit-roundup-4/ https://www.overlawyered.com/2019/09/law-enforcement-for-profit-roundup-4/#comments Wed, 18 Sep 2019 10:01:18 +0000 https://www.overlawyered.com/?p=73293 “Addicted to fines: Small towns in much of the country are dangerously dependent on punitive fines and fees” [Mike Maciag, Governing, a publication that will be much missed] “How diversion programs became a cash cow for DAs in Louisiana” [Jessica Pishko, Politico] New Orleans: “Judge steered defendants to campaign contributor’s ankle-monitor company, report says” [ABA […]

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  • “Addicted to fines: Small towns in much of the country are dangerously dependent on punitive fines and fees” [Mike Maciag, Governing, a publication that will be much missed]
  • “How diversion programs became a cash cow for DAs in Louisiana” [Jessica Pishko, Politico] New Orleans: “Judge steered defendants to campaign contributor’s ankle-monitor company, report says” [ABA Journal]
  • Greg and Teresa Almond seizure: “Alabama Cops Raided Their House, Seized Their Cash, and Ruined Their Lives Over $50 of Marijuana” [C.J. Ciaramella, Reason, sequel (more transparency)]
  • “Chicago Hiked the Cost of Vehicle City Sticker Violations to Boost Revenue. But It’s Driven More Low-Income, Black Motorists Into Debt.” [Melissa Sanchez, ProPublica, and Elliott Ramos, WBEZ Chicago] Related earlier on impound here, here, etc.
  • Are the big bucks where you expected them to be? “Follow the money of mass incarceration” [Prison Policy Initiative]
  • “Missouri trial courts send people to jail, charge them room-and-board as ‘court costs,’ then send them back to jail if they can’t pay, yielding — you guessed it — more court costs. Missouri Supreme Court: Cut it out.” [Institute for Justice “Short Circuit” on State v. Richey; Titus Wu, Columbia Missourian]
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    ]]>     https://www.overlawyered.com/2019/09/law-enforcement-for-profit-roundup-4/feed/ 1     Liability roundup https://www.overlawyered.com/2019/08/liability-roundup-57/ Fri, 16 Aug 2019 10:01:15 +0000 https://www.overlawyered.com/?p=73442 “TriMet faulted Laing for failing to heed warning signs … and earbuds playing loud music. Laing’s attorneys argued it couldn’t be determined what volume the music was playing at at the time of impact.” [Aimee Green, Oregonian; $15 million jury verdict for woman who dashed in front of train reduced to $682,800] “When Are Athletes […]

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  • “TriMet faulted Laing for failing to heed warning signs … and earbuds playing loud music. Laing’s attorneys argued it couldn’t be determined what volume the music was playing at at the time of impact.” [Aimee Green, Oregonian; $15 million jury verdict for woman who dashed in front of train reduced to $682,800]
  • “When Are Athletes Liable for Injuries They Cause?” [Eugene Volokh on Nixon v. Clay, Utah Supreme Court]
  • Former Alabama Sen. Luther Strange has written a law review article on local government abuse of public nuisance law in industrywide litigation [Stephen McConnell, Drug and Device Law] “California’s disturbing lead paint ruling is going interstate. Magistrate cites it in opioid MDL to support tribal nuisance claims under Montana law” [Daniel D. Fisher on Blackfeet Tribe v. Amerisource] Federal judge should have said no to Rhode Island climate change/public nuisance suit [Michael Krauss, Forbes]
  • “Will New York law change veterinary malpractice?” [Christopher J. Allen, Veterinary News]
  • Supreme Court’s 5-4 ruling on class action counterclaim removal in Home Depot U.S.A. v. Jackson leaves Congress to fix what Judge Paul Niemeyer called a loophole in the Class Action Fairness Act [Diane Flannery, Trent Taylor & Drew Gann, McGuireWoods, Federalist Society teleforum with Ted Frank]
  • In Missouri, logjam for liability reform breaks at last as Gov. Mike Parson signs four pieces of legislation into law [Daily Star Journal (Warrensburg, Mo.); Beck on forum-shopping measure]
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    ]]>         March 27 roundup https://www.overlawyered.com/2019/03/march-27-roundup-3/ https://www.overlawyered.com/2019/03/march-27-roundup-3/#comments Wed, 27 Mar 2019 10:05:24 +0000 https://www.overlawyered.com/?p=73091 U.S. Department of Justice files brief in Kisor v. Wilkie somewhat critical of Auer deference, i.e. of deference to the federal government’s own positions. That’s pretty special, and commendable [William Yeatman, Cato; Jonathan Adler, earlier here and here] Parsonage exemption (i.e., favored treatment of allowance for religious housing) does not violate Establishment Clause, rules Seventh […]

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  • U.S. Department of Justice files brief in Kisor v. Wilkie somewhat critical of Auer deference, i.e. of deference to the federal government’s own positions. That’s pretty special, and commendable [William Yeatman, Cato; Jonathan Adler, earlier here and here]
  • Parsonage exemption (i.e., favored treatment of allowance for religious housing) does not violate Establishment Clause, rules Seventh Circuit panel [Gaylor v. Mnuchin; background, Kelsey Dallas, Deseret News; earlier]
  • Showing middle finger to police officer counts as constitutionally protected speech, and Sixth Circuit says every reasonable officer should know that already [Eugene Volokh]
  • Home-share hospitality is here to stay, unless regulators get it very wrong [Federalist Society video with Gwendolyn Smith, Matthew Feeney, and Pete Clarke]
  • “Tens of thousands of people in Missouri cannot drive as a result of their licenses being suspended over child support they are unable to pay.” A newly filed lawsuit challenges that practice [Hans Bader]
  • Only Congress can make new law, and administration can’t reach desired ban on “bump stock” firearms accessories just by reinterpreting existing federal law [Ilya Shapiro and Matthew Larosiere on Cato amicus brief in D.C. Circuit case of Guedes v. BATFE]
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    ]]>     https://www.overlawyered.com/2019/03/march-27-roundup-3/feed/ 2     Liability roundup https://www.overlawyered.com/2019/03/liability-roundup-52/ https://www.overlawyered.com/2019/03/liability-roundup-52/#comments Fri, 08 Mar 2019 10:59:16 +0000 https://www.overlawyered.com/?p=72998 “Firings and lawsuits follow discovery of secret bugging devices at law firm; ‘It’s very John Grisham'” [Palm Beach County, Fla.; Debra Cassens Weiss, ABA Journal] Save on lawyers’ fees, get to trial faster: “If I were able to do something unilaterally, I would probably institute a new federal rule that said that all cases worth […]

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  • “Firings and lawsuits follow discovery of secret bugging devices at law firm; ‘It’s very John Grisham'” [Palm Beach County, Fla.; Debra Cassens Weiss, ABA Journal]
  • Save on lawyers’ fees, get to trial faster: “If I were able to do something unilaterally, I would probably institute a new federal rule that said that all cases worth less than $500,000 will be tried without any discovery.” [Judge Thomas Hardiman, echoed by Judge Amul Thapar, at Federalist Society National Lawyers Convention panel; David Lat, ABA Journal]
  • “Austria: Farmer liable for hiker trampled to death by cow” [Elizabeth Schumacher, Deutsche Welle]
  • “Cloned” discovery: the “name derives from the fact that the plaintiffs are attempting to clone the discovery taken by others in unrelated cases.” Courts should resist [James Beck]
  • “Minnesota Supreme Court: No Primary Assumption of Risk in Skiing, Snowboarding” [Stephanie K. Jones, Insurance Journal]
  • Missouri lawmakers seek to limit forum-shopping by out-of-state litigants seeking plaintiff-friendly St. Louis courts [Brian Brueggemann, St. Louis Record]
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    ]]>     https://www.overlawyered.com/2019/03/liability-roundup-52/feed/ 3     Free speech roundup https://www.overlawyered.com/2018/12/free-speech-roundup-96/ Mon, 10 Dec 2018 11:01:43 +0000 https://www.overlawyered.com/?p=72724 Fourth Circuit rejects gag order on parties and potential witnesses in North Carolina hog farm litigation [Eugene Volokh] Eighth Circuit, interpreting Missouri law’s obligation to register as “lobbyist,” leaves open possibility that requirement extends to unpaid lobbyists, also known as concerned citizens [Jason Hancock, Kansas City Star; Institute for Free Speech on Calzone v. Missouri […]

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  • Fourth Circuit rejects gag order on parties and potential witnesses in North Carolina hog farm litigation [Eugene Volokh]
  • Eighth Circuit, interpreting Missouri law’s obligation to register as “lobbyist,” leaves open possibility that requirement extends to unpaid lobbyists, also known as concerned citizens [Jason Hancock, Kansas City Star; Institute for Free Speech on Calzone v. Missouri Ethics Commission]
  • “9 Months in Prison for Forging Court Orders Aimed at Vanishing Online Material” [Volokh] Per one account at least 75 fake court documents have been sent to Google as part of takedown efforts, including an order purporting to come from the UK Supreme Court [same]
  • The accused pipe bomber had made online death threats against Ilya Somin, libertarian lawprof and friend of this site. Lessons to draw? [Cato Daily Podcast, more]
  • Entanglement of press and state leads nowhere good: Canadian government to allocate C$600 million in subsidies to newspapers and legacy media [Stuart Thomson, National Post; earlier on press subsidies here, here; some Canadian background from 1983]
  • Court: First Amendment doesn’t protect Comcast from bias charge over its decision not to carry block of black-owned TV channels [Jon Brodkin, ArsTechnica]
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    ]]>         Liability roundup https://www.overlawyered.com/2018/11/liability-roundup-48/ https://www.overlawyered.com/2018/11/liability-roundup-48/#comments Mon, 05 Nov 2018 10:58:37 +0000 https://www.overlawyered.com/?p=72630 “Lawsuit: Licorice Twizzlers caused man’s heart disease” [WDRB; earlier on dismissal of German lawsuit filed by customer who ate nearly a pound a day of the candy] Empirical study of how personal injury claims are pursued in Great Britain [Richard Lewis, SSRN] How attorney Marc Lanier got that $4.7 billion talc/baby powder verdict [Daniel Fisher, […]

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  • “Lawsuit: Licorice Twizzlers caused man’s heart disease” [WDRB; earlier on dismissal of German lawsuit filed by customer who ate nearly a pound a day of the candy]
  • Empirical study of how personal injury claims are pursued in Great Britain [Richard Lewis, SSRN]
  • How attorney Marc Lanier got that $4.7 billion talc/baby powder verdict [Daniel Fisher, Forbes] “Attorney sees lawyers’ role in judge selection process as helping fuel rise in lawsuits in ‘Sue Me State'” [Devin Watkins on Missouri; Angela Underwood, St. Louis Record]
  • “$12.8M suit filed by estate of man killed in WWII tank blast” [AP]
  • “Stan Chesley’s law firm admits ‘unjust enrichment,’ agrees to $23 million settlement” [Kevin Grasha, Cincinnati Enquirer; earlier]
  • “Sweeping new arbitration study: ‘Enterprising’ plaintiffs’ lawyers adapt” [Alison Frankel, Reuters]
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    ]]>     https://www.overlawyered.com/2018/11/liability-roundup-48/feed/ 9     Liability roundup https://www.overlawyered.com/2018/02/liability-roundup-38/ https://www.overlawyered.com/2018/02/liability-roundup-38/#comments Fri, 09 Feb 2018 19:34:08 +0000 https://www.overlawyered.com/?p=68320 Will states return us to the days of wide-open forum-shopping through the legal fiction of “consent by registration to do business”? A 50-state survey [James Beck, Drug and Device Law] “Big Fights Ahead Over Where Class Actions Can Be Filed” [Martina Barash, Bloomberg Big Law Business] Herr’s potato chips sued by prolific New York City […]

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  • Will states return us to the days of wide-open forum-shopping through the legal fiction of “consent by registration to do business”? A 50-state survey [James Beck, Drug and Device Law] “Big Fights Ahead Over Where Class Actions Can Be Filed” [Martina Barash, Bloomberg Big Law Business]
  • Herr’s potato chips sued by prolific New York City lawyer over how full its bags of chips are. [John O’Brien, Legal NewsLine/Forbes] “Ridiculous class-action lawsuits are costing you tons of money” [Kathianne Boniello, New York Post]
  • Ireland: “Burglar who injured genitals during shop break in sues shopkeeper” [Alexandra Richards, Evening Standard (U.K.)]
  • To propel TCPA suits, professional plaintiffs find tactical ways to revoke text permission [Michael Daly, Meredith Slawe, and John Yi (Drinker Biddle), National Law Review] “Phoney Lawsuits: Polish Immigrant Concludes Six-Figure Run By Settling 31st Lawsuit” [Karin Kidd, Forbes/LNL, earlier]
  • Missouri getting to be hotspot for high-stakes litigation [Jim Copland, Manhattan Institute “Trial Lawyers Inc.”]
  • Courts and plaintiffs engaged in deep pockets jurisprudence seldom acknowledge that’s what they’re doing [Victor Schwartz, Washington Legal Foundation]
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    Liability roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     https://www.overlawyered.com/2018/02/liability-roundup-38/feed/ 2     After SCOTUS rulings, less forum-shopping https://www.overlawyered.com/2017/08/scotus-rulings-less-forum-shopping/ Tue, 15 Aug 2017 10:02:31 +0000 https://www.overlawyered.com/?p=65806 Following the Supreme Court’s ruling in TC Heartland v. Kraft Foods, cases filed in the Eastern District of Texas fell from 36% of all patent filings to 21% [Debra Cassens Weiss, ABA Journal] “Quick trials, big verdicts favoring consumers, and a state law that allows nonresidents to easily join mass litigations made St. Louis a […]

    After SCOTUS rulings, less forum-shopping is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>     Following the Supreme Court’s ruling in TC Heartland v. Kraft Foods, cases filed in the Eastern District of Texas fell from 36% of all patent filings to 21% [Debra Cassens Weiss, ABA Journal] “Quick trials, big verdicts favoring consumers, and a state law that allows nonresidents to easily join mass litigations made St. Louis a destination of choice for attorneys going after companies that do business nationwide. Those days may be over” following the high court’s decision in Bristol-Myers Squibb [Margaret Cronin Fisk and Jef Feeley, Bloomberg]

    More: Multidistrict litigation sought in more patent cases [Amanda Bronstad, Texas Lawyer]

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