- House Judiciary passes measure (FACT Act) promoting transparency of asbestos trusts, could preserve assets for honest claimants by curbing n-tuple dippers [Harold Kim/US Chamber, Ted Frank] “$48 million jackpot justice asbestos award for 86-year-old” [Frank]
- Canadian court: car crash caused chronic cough [Magraken]
- Push in Connecticut legislature to ease expert testimony threshold, thus enabling more med-mal suits [Zachary Janowski, Raising Hale]
- Georgia court: residents on notice of wild alligators, golf club not liable for elderly woman’s demise [Daily Report]
- “NYT is inconceivably shocked that NYC defends itself in lawsuits instead of blindly writing multimillion $ checks.” [@tedfrank]
- Arizona court declines Third Restatement’s invitation to gut duty prerequisite in tort law [David Oliver]
- Vintage insurance fraud: “The Slip-and-fall Queen” [Brendan Koerner via @petewarden]
- Relaxation of fault in auto cases: “Richard Nixon’s Torts Note” [Robinette, TortsProf] “Reforming the Reform: No-Fault Auto Insurance” [same]
Posts Tagged ‘NYC’
Labor and employment roundup
- “The extra UAW subsidies cost $26.5 billion… The Detroit auto bailout was, in fact, a UAW bailout.” [James Sherk and Todd Zywicki; Volokh]
- In 5-4 decision [Christopher v. SmithKline Beecham] Supreme Court rejects Department of Labor interpretation of independent contractor status [Trevor Burrus/Cato, SCOTUSBlog, Michael Fox]
- “The next battleground for the NLRB? Acting General Counsel Suggests At-Will Disclaimers May Violate NLRA” [Daniel Schwartz, earlier]
- Thoughts on labor law from David Henderson and from Jacob Levy at Bleeding Heart Libertarians; “Freeing Labor Markets by Reforming Union Laws” [Charles W. Baird, Downsizing The Federal Government]
- Aspiring Gotham cop: “Anti-gay Muslim cries bias” [NY Post]
- New York privacy law conceals misconduct in uniformed services [Tuccille, Reason]
- “The New Front in the Labor Wars Has Officially Opened in Michigan” [Shikha Dalmia]
“No Eviction After Renter Didn’t Pay for 9 Years”
Since the Brooklyn loft space is out of compliance, the New York courts have decided, its owner is entitled neither to reclaim the space from its tenant nor to collect rent from her [NY Times and more via Kanner; ABA Journal]
Bloomberg’s soda grab: reactions
The NYC mayor’s plan to limit sizes of sweetened drinks meets with a hail of dead cats from commentators:
- “Bloomberg is right when he says there will still be lots of opportunities for New Yorkers to consume large quantities of high-calorie drinks, which means he does not even have a sound paternalistic justification for his meddling. … it is patently absurd for Bloomberg to claim he is not limiting freedom when he uses force to stop people from doing something that violate no one’s rights.” [Jacob Sullum]
- “Trans-fats –- we were told by New York City Mayor Bloomberg –- are an exceptional case because even the smallest intake hurts the human body. Ditto, it would seem, of salt and alcohol. But we all knew he wouldn’t stop there. And he didn’t.” [Stephen Richer, WLF]
- “It’s well known, for example, that the heaviest consumers of sugary drinks are adolescent males — who also tend to be the thinnest and most active members of the population. (‘Unfortunately, increasing sugar consumption [is] unlikely to make anyone thinner, younger—or male,’ [researcher Adam] Drenowski notes.)” [“Bloomberg’s Attack On Big Soda Lacks One Thing: Scientific Evidence,” Daniel Fisher, Forbes]
- “[Bloomberg’s] sarcasm about the inconvenience of buying two sodas is ironic, since that inconvenience is one thing that he’s counting on to drive the success of his plan.” [Mark White, Economics and Ethics]
- “I’m afraid this proposal is targeted more at class than obesity.” — Cornell economist David Just, quoted on NPR.
- “And speaking of the mayor’s commitment to freedom, who exactly is going to impose this sweeping ban? Not the people, in a referendum. Not a constitutional convention. Not even the city council. This ‘far-reaching ban,’ as the Times describes it, will be imposed on 8 million free citizens of New York by the city’s unelected Board of Health, all of whose members are appointed by . . . the mayor.” [David Boaz, Cato]
- And the inevitable Twitter hashtag, #BloombergMovieTitles: The Appropriately Sized Lebowski, I Know What You Ate Last Summer, The Taking of Pepsi One Two Three, There Will Be Blood Sugar Tests, Diet! Diet! My Darling, Star Trek II: The Wrath of Flan, Sixteen Carrots, No Country for Old Menus, and All That Bloomberg Allows (h/t @JoshGreenman, @bethanyshondark, @AnthonyBialy, @robsolo, @RobGeorge, @JoshGreenman again, @KerryPicket, @Fausta, and @Ericatwitts).
Reluctant to recant rape accusation
Brian Banks served more than five years in prison after an old friend “falsely accused him of attacking her on their high school campus”:
In a strange turn of events, the woman, Wanetta Gibson, friended him on Facebook when he got out of prison.
In an initial meeting with him, she said she had lied; there had been no kidnap and no rape and she offered to help him clear his record, court records state.
But she refused to repeat the story to prosecutors because she feared she would have to return a $1.5 million payment from a civil suit brought by her mother against Long Beach schools….
It was uncertain Thursday whether Gibson will have to return the money.
[AP via Balko, Volokh; & welcome Reddit readers] Update 2014: School district obtains default judgment against Gibson; contrary to reports at the time, the amount paid in the original settlement is now reported at $750,000 rather than $1.5 million.
Meanwhile, on the opposite coast, high-profile Brooklyn sex crimes prosecutor Lauren Hersh has resigned following a furor over a sex trafficking case in which “prosecutors had held on to documents showing the victim recanted rape allegations one day after making them.” [NY Post, more] P.S. Daniel Fisher reminds us of Hersh’s “starring role in New York Times columnist Nicholas Kristof’s expose of Backpage, the Village Voice’s online personals section.”
NYC issues $300 tickets for ornamental birdbaths
The premise is that they are a public health menace since standing water in them might afford a haven for mosquitoes that carry West Nile virus. [Gideon Kanner]
April 18 roundup
- “MPAA: you can infringe copyright just by embedding a video” [Timothy Lee, Ars Technica]
- NYC: fee for court-appointed fire department race-bias monitor is rather steep [Reuters]
- Larry Schonbron on VW class action [Washington Times] Watch out, world: “U.S. class action lawyers look abroad” [Reuters] Deborah LaFetra, “Non-injury class actions don’t belong in federal court” [PLF]
- Will animal rights groups have to pay hefty legal bill after losing Ringling Bros. suit? [BLT]
- You shouldn’t need a lobbyist to build a house [Mead, Yglesias]
- “Astorino and Westchester Win Against Obama’s HUD” [Brennan, NRO] My two cents [City Journal] Why not abolish HUD? [Kaus]
- “Community organized breaking and entering,” Chicago style [Kevin Funnell; earlier, NYC]
Near the landmark vacant lots, a landmark gas station
New York City gets away with landmarking all sorts of properties no one would ordinarily consider to be of architectural or historic distinction. It’s almost as if the city’s using the law as a generalized development control or something [Annie Karni, NY Post via Ira Stoll]
Advocacy funding the Gotham way
A Bronx nonprofit that’s gotten $240,000 from taxpayers teaches followers how to squat in city buildings. “It’s breaking and entering for dummies.” [NYPost]
“JFK Airport a Foul Nest of Luggage Thieves, Claims Random Dude”
Choire Sicha at The Awl reports on the latest doings of New York attorney and emerging Overlawyered favorite Kenneth Mollins, seen earlier here and here.