New Hampshire – Overlawyered

Constitutional law roundup

Walter Olson — Mon, 24 Dec 2018 11:02:55 +0000

Kansas Supreme Court rules 4-3 that cops can conduct warrantless search of private homes if they say they smell marijuana. Practical difference between this and “…whenever they please” is not clear [Tim Carpenter, Topeka Capital-Journal] More: Jacob Sullum;
At Timbs v. Indiana oral argument, Court seems sympathetic to idea of applying Excessive Fines clause to the states [Robby Soave, Jacob Sullum, Ilya Somin, earlier here, here, and here] Notwithstanding Justice Gorsuch and Kavanaugh’s interjections, there is and has been no uniform incorporation of the entire Bill of Rights against the states [Rory Little]
Arizona Supreme Court should recognize that First Amendment protects right of calligraphic art studio not to be forced to draw invitations and vows for wedding ceremony of which owner/artists disapprove on religious grounds [Ilya Shapiro and Patrick Moran on Cato Institute amicus brief in Brush & Nib Studio v. City of Phoenix]
Claim: notwithstanding SCOTUS precedent to the contrary, U.S. Constitution contains no general federal power to restrict immigration [Ilya Somin and others, Cato Unbound symposium, more]
“The Supreme Court Really Needs to Start Defining the Scope of the Second Amendment” [Ilya Shapiro and Matthew Larosiere on Cato amicus brief in Mance v. Whitaker, interstate sales by gun dealers] “Bump Stock Rule Bumps Up Against the Constitution” [Shapiro and Larosiere] “The Most Common Firearm in America is Not a ‘Weapon of War’” [same on Cato amicus brief in Worman v. Healey, Massachusetts ban on “assault weapons”] Federal court strikes down as unconstitutional New York’s ban on nunchaku [AP, Lowering the Bar with previous coverage of lawyer’s quest]
“An individual’s right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.” That’s a recently adopted provision of the New Hampshire constitution. Now what does it mean? [David Post]

Tags: constitutional law, Fourth Amendment, guns, illegal drugs, immigration law, Kansas, New Hampshire

Constitutional law roundup is a post from Overlawyered - Chronicling the high cost of our legal system

That sign will get you in trouble, you know

Walter Olson — Sun, 04 Mar 2018 17:03:23 +0000

Gilmanton, New Hampshire: residents who put up lawn and window signs critical of the town administration “got letters from the local building inspector warning that their posters violated the local zoning code and potentially state political advertising disclosure laws” and mentioning $275/day fines [New Hampshire Public Radio]

Tags: campaign regulation, First Amendment, New Hampshire

That sign will get you in trouble, you know is a post from Overlawyered - Chronicling the high cost of our legal system

February 1 roundup

Walter Olson — Thu, 01 Feb 2018 11:01:16 +0000

“She Asked for Help for Postpartum Depression. The Nurse Called the Cops.” [Darby Saxbe, Slate] Under one Montana prosecutor’s announced policy, pregnant mother “proven to be using alcohol … might be monitored by law enforcement or sent to jail.” [Andrew Turck, Big Horn County News]
“The Florida Supreme Court has agreed to decide whether a judge may be Facebook friends with lawyers who appear before the judge.” [Raymond McKoski, Orlando Sentinel]
Nation’s highest military court unanimously tosses sexual assault conviction of Coast Guard enlisted man, finding juror selection stacked by higher-ups; of seven jurors, four were trained sexual assault victim advocates [Rowan Scarborough, Washington Times; decision]
Report on legal landscape of cottage food industry [Jennifer McDonald, Institute for Justice] Deregulation efforts of Trump administration have yet to reach food sector [Baylen Linnekin]
So large and so diverse is the 400-member lower house of the New Hampshire legislature that it appears to contain a sovereign citizen believer [Jack Smith IV, Mic]
“Stash House Stings: When the Government Can Invent Crimes and Criminals” [Trevor Burrus and Reilly Stephens]

Tags: Facebook, folk law, food safety, jury selection, New Hampshire, sexual assault

February 1 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

July 12 roundup

Walter Olson — Wed, 12 Jul 2017 10:09:42 +0000

Mother who gives 10 year old the run of a Lego store: Mom of the Year, or candidate for arrest? [Lenore Skenazy on Ontario County, N.Y. incident]
Sorry to see WSJ Law Blog close. A wealth of valuable content, often first on stories, showcase for rising writers [farewell post]
Oops! “The bill as [passed] …allows a pregnant woman to commit homicide without consequences.” [Lowering the Bar on New Hampshire measure]
No, a court really didn’t overturn Florida stand-your-ground law. Let Eugene Volokh explain [Volokh Conspiracy] Still, the recently enacted procedural fillip the court did strike down was one of practical significance to many defendants [C.J. Ciaramella, Reason]
In the mail: John Corvino et al., Debating Religious Liberty and Discrimination. Good opening essay [Oxford University Press]
What one bad lawyer can do: feds chase $600 million in disability claims linked to fugitive Eric Conn [Chris Edwards, Cato]

Tags: child protection, discrimination law, Florida, legal blogs, New Hampshire, religious liberty, stand your ground

July 12 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Environmental roundup

Walter Olson — Mon, 20 Jun 2016 04:05:32 +0000

Supreme Court should clarify whether agency has discretion to ignore any and all costs in designating Endangered Species Act habitat [Ilya Shapiro and Randal John Meyer on Cato certiorari amicus in Building Industry Association of the Bay Area v. U.S. Dept. of Commerce]
Unanimous decision in Corps of Engineers v. Hawkes is second SCOTUS ruling this year against Environmental Protection Agency, and umpteenth blow to its reputation [Ned Mamula, Cato]
Speaking of billionaires with vendettas against speech: Tom Steyer of San Francisco pushes New Hampshire attorney general to join probe of wrongful climate advocacy [Mike Bastasch, Daily Caller, earlier here, etc.]
“Modern zoning would have killed off America’s dense cities”: 40% of Manhattan’s buildings couldn’t be built today because they would violate a law [New York Times, Scott Beyer/Forbes]
And if anyone should know about tainting it’s them: United Nations human rights bureaucracy probes Flint water contamination [Associated Press]
Anti-fossil-fuel demonstrators block rail line and the Associated Press can’t find a single critic to quote [related, Shift Washington]

Tags: climate deniers to the wall, endangered species, environment, Environmental Protection Agency, land use and zoning, New Hampshire, oil industry, United Nations

Environmental roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Liability roundup

Walter Olson — Fri, 15 Apr 2016 04:05:12 +0000

Cohen Milstein contracts with attorney general on opioid claims: “New Hampshire’s fleet of private pirate lawyers” [editorial, Manchester Union-Leader] Transparency in Private Attorney Contracting (TiPAC) legislation would help [Tiger Joyce] New Louisiana AG Jeff Landry cancels Buddy Caldwell contracts with outside law firms [Louisiana Record] States with governor-appointed AGs have seen fewer scandals than the majority in which the post is elected [Phil Goldberg, RCP]
Judge declines to dismiss Newtown families’ suit against rifle maker Remington Arms, PLCAA notwithstanding [Connecticut Post] Sandy Hook gun lawsuit “almost surely won’t succeed, nor should it.” [USA Today editorial] More: David French [extremely narrow ruling went to jurisdiction only, PLCAA as bar to recovery explicitly not at issue]
Sen. Dick Durbin, long a guardian of trial lawyer interests, leads opposition to federal bill on transparency in asbestos claims [Illinois Business Daily]
Judge tosses one wrongful death suit against Porsche over Paul Walker crash, another still pending [EOnline, earlier] GM ignition bellwether trials going exceptionally badly for plaintiffs as judge dismisses all but one claim in spun-out-on-black-ice case [Daniel Fisher]
Litigation destroys business confidentiality and that’s by design [Steve McConnell, Drug and Device Law]
“Justice Scalia’s Product Liability Legacy” [Anand Agneshwar and Emily M. May (Arnold & Porter), Lexology]
After State Farm defeats hailstorm claim, judge threatens to sanction Texas attorney Steve Mostyn [Southeast Texas Record]

Tags: Antonin Scalia, asbestos, attorneys general, autos, discovery, Louisiana, New Hampshire, opioids, Protection of Lawful Commerce in Arms Act, State Farm, Steve Mostyn

Liability roundup is a post from Overlawyered - Chronicling the high cost of our legal system

New Hampshire decides: Senator Venezuela vs. Citizen Vuvuzela

Walter Olson — Wed, 10 Feb 2016 17:09:56 +0000

Our coverage of Sen. Bernie Sanders (I-Vt.), winner of the Democratic primary in New Hampshire, is here, including gun liability (more), Citizens United, Glass-Steagall, and Supreme Court issues.

Our coverage of businessman Donald Trump, winner of the Republican primary, is here, and includes coverage over many years of his activities as a litigant as well as his political career.

Tags: Bernie Sanders, Donald Trump, New Hampshire, politics

New Hampshire decides: Senator Venezuela vs. Citizen Vuvuzela is a post from Overlawyered - Chronicling the high cost of our legal system

New Hampshire Supreme Court restricts jury nullification law

Walter Olson — Mon, 27 Oct 2014 13:44:38 +0000

Tending to confirm the predictions of those who hoped or feared, as the case may be, that the legal system would not actually be willing to encourage juries to take into consideration the justice of the outcome as well as the facts of the case in deciding whether to acquit. [Tuccille, our post two years ago when the law passed]

Tags: jury nullification, New Hampshire

New Hampshire Supreme Court restricts jury nullification law is a post from Overlawyered - Chronicling the high cost of our legal system

October 23 roundup

Walter Olson — Thu, 23 Oct 2014 04:05:57 +0000

I’m quoted by Nicky Woolf of Great Britain’s Guardian on the police militarization angle in Keene, N.H. civil disturbances (also: Van Smith, Baltimore City Paper). Also quoted regarding the ominous move to heavy armaments of Wisconsin prosecutors investigating their political opponents in the dawn-raids “John Doe” proceeding [Watchdog, and second post, earlier] Humor in The New Yorker from Bruce McCall [“Pentagon Cop Aid Hits Snags“] And here’s a previously unlinked Cato panel last month on cop militarization with David Kopel, Mark Lomax, and Cheye Calvo, moderated by Tim Lynch;
Australia prime minister declares “repeal day” with “bonfire” of regulations [Jeff Bennett and Susan Dudley, Cato Regulation mag; earlier on Minnesota legislative “unsession” to dump outmoded or pointless laws]
“After dawdling for a year, panel tosses bogus complaint against Judge [Edith] Jones” [@andrewmgrossman on Houston Chronicle via Howard Bashman, Richard Kopf, Tamara Tabo, earlier here, here, and here]
Making waves: Michelle Boardman review of Margaret Radin book on boilerplate, adhesion contracts, fine print [Harvard Law Review, SSRN]
Why litigation lobby could cost Democrats Senate majority this year [Tim Carney]
Online-services companies, better not do business in Maryland since the state has a very special law that one law professor believes sharply restricts your customer research [Masnick/TechDirt]
Picking Thomas Perez as Attorney General would (or should!) ignite firestorm of opposition. Is that why President’s waiting till after Nov. 4? [Washington Examiner]

Tags: Australia, contracts of adhesion, Department of Justice, Maryland, New Hampshire, police, Senate, Wisconsin

October 23 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Mass tort roundup

Walter Olson — Wed, 16 Jul 2014 04:05:08 +0000

New Hampshire lottery: after Granite State’s MTBE contamination suits pays off big, Vermont files its own [WLF Legal Pulse]
Supreme Court declines to review various cases arising from Florida’s Engle tobacco litigation [Lyle Denniston, SCOTUSBlog, earlier] “U.S. Supreme Court Rejects Fen-Phen Lawyers’ Appeal of $42M Kentucky Verdict” [Insurance Journal, earlier]
In action against five drug firms over opioid marketing, California’s Santa Clara County partners with law firms Robinson Calcagnie, Cohen Milstein, and Hagens Berman, marking at least the tenth time the county has teamed up with outside law firms to file suits [Legal NewsLine; earlier on Chicago’s involvement in painkiller suit]
Lester Brickman on fraud in mesothelioma litigation [SSRN] “Plaintiff Lawyer Offers Inside Look At `Institutionalized Fraud’ At Asbestos Trusts” [Daniel Fisher]
“‘Light’ cigarette case vs Huck’s continues after 9 years; Two current judges had been plaintiff’s counsel” [Madison Record, ABA Journal]
“If honesty in the judicial system means anything, it means proceeding with candor before the tribunal, which plaintiffs’ counsel did not do during the removal proceedings.” [dissent in Peter Angelos Cashmere Bouquet asbestos case, Legal NewsLine]
Report on products liability and the driverless car [John Villasenor, Brookings, earlier]

Tags: asbestos, attorneys general, autos, ethics, Lester Brickman, Madison County, New Hampshire, opioids, tobacco

Mass tort roundup is a post from Overlawyered - Chronicling the high cost of our legal system