New obligations and liabilities for employers, as catalogued by the law firm of Ogletree Deakins.
- Wal-Mart spending millions to fight $7,000 OSHA fine? Not so paradoxical when you think about it [Coyote]
- Proliferation of product recalls, as with warnings, can result in consumer fatigue and inattention [WaPo via PoL]
- Settlement said to be near between casino and gambler who lost $127 million [WSJ, UPI, earlier]
- “Think Globally, Sue Locally: Out-of-Court Tactics Employed by Plaintiffs, Their Lawyers, and Their Advocates in Transnational Tort Cases” [study, PDF and press release; Jonathan Drimmer for US Chamber, related WSJ]
- “End of an Era? Another Crunch Berries Case Dismissed” [Lowering the Bar, California Civil Justice, earlier on “froot” cases here, here, etc.]
- New Jersey: “School legal costs are a killer” [Rayner, Daily Record]
- ABA Journal profiles Ted Frank;
- We’re the ones who write the laws around here, not you legislators: Washington Supreme Court strikes down med-mal notice law [SeattlePI.com]
- Renewed attention to Amirault case contributed to Coakley’s political nosedive [e.g., Jacob Weisberg of Slate via Kaus, earlier] First time a Massachusetts prosecutor has paid a political price over that episode?
- Many, many Democratic elected officials call for rethinking/renegotiating Obamacare rather than trying to force it through [e.g. Barney Frank] Blue Mass blogger: talk radio fueled ire at Coakley, let’s have FCC shut it down [Graham]
- “Big Brother and the Salt Shaker” [NY Times “Room for Debate”, Food Liability Law, earlier on NYC initiative and more] NYU’s Marion Nestle “loves” being called a nanny statist, so we’ll just go right on calling her that [Crispy on the Outside]
- Terror suspects win right to seek compensation from UK government over restrictions on their activities [Canadian Press]
- “Men Without Hats. Meaning no hard hats. Meaning The Safety Dance never met OSHA requirements. No wonder it was shut down.” [Tim Siedell a/k/a Bad Banana]
- Italian judge orders father to go on paying $550/month living allowance to his student daughter, who is 32 [Guardian/SMH, earlier on laws mandating support of adult children]
- Two informants vie for potential bonanza of whistleblower status against Johnson & Johnson [Frankel, AmLaw Litigation Daily]
- “Polling Firm Says John Edwards Is Its Most Unpopular Person Ever” [Lowering the Bar]
- “Highly embarrassing …ugly”: Florida Justice Association apologizes for race-baiting mailer intended to sway state senate race [Miami Herald, Orlando Sentinel]
- Fanny-state regulation: they wouldn’t really ban soft toilet paper, would they? [Washington Post via Logomasini, CEI “Open Market”]
- Update on David Michaels OSHA nomination [Carter Wood, PoL] More: Fox News.
- Library of Congress has expanded its law research website, includes archiving project for legal weblogs including this one;
- David Leonhardt, NYT economics columnist, looks at defensive medicine debate [“Economic Scene”]
- “Republicans denounce identity politics, except when they engage in it themselves.” [Heather Mac Donald, Secular Right]
- Aw: Ron Coleman recalls “one of my proudest weeks of blogging”. [Likelihood of Success]
- Dewey Decimal System owner sues NYC’s Library Hotel [six years ago at Overlawyered — link fixed now]
The controversial OSHA nominee and left-leaning public health advocate also seems to have strong views on firearms issues. That’s by no means irrelevant to the agenda of an agency like OSHA, because once you start viewing private gun ownership as a public health menace, it begins to seem logical to use the powers of government to urge or even require employers to forbid workers from possessing guns on company premises, up to and including parking lots, ostensibly for the protection of co-workers. In addition, OSHA has authority to regulate the working conditions of various job categories associated with firearms use (security guards, hunting guides, etc.) and could in that capacity do much to bring grief to Second Amendment values.
Senators have put nominations on hold for less. It will be interesting to see whether they take an interest in Michaels’ views on gun restrictions and their place in OSHA’s agenda (& welcome Instapundit, Point of Law, Snowflakes in Hell, CEI “Open Market”, NRA-ILA readers). More: David Codrea/Examiner, Carter Wood/ShopFloor.
- Hold on to your hat: Litigation Lobby ally and Grade A business-basher David Michaels — who founded a project purportedly advancing the cause of scientific integrity with money furnished by, of all groups, the silicone breast implant bar — named to head OSHA [Wood/PoL; more on SKAPP]
- City of Clearwater, Florida bans playing catch on beach or in park [Popehat]
- In wake of Kindle “1984” episode, watch for lawyers to start demanding remote line-item deletion of allegedly defamatory or infringing matter from books after publication [Moshirnia, Citizen Media Law]
- Amicus brief exposes more free-speech problems with that federal law banning depictions of animal cruelty [Volokh, earlier]
- “Crocs settles safety suits over escalator injuries” [Matthew Heller, OnPoint News, earlier]
- Was he planning to drive somewhere? MADD official objects to Obama’s appearing on TV drinking a beer [Sullum, Reason “Hit and Run”]
- Air crash lawsuit charges Oklahoma City didn’t do enough to keep Wiley Post Airport free of birds [NewsOK.com/The Oklahoman]
- Many dubious things in health care bill, but “mandatory end-of-life care discussions” not among them [C.B. Brown, Politico]
Con artists, lawyers, and people who deserve a punch in the face:
- The best stings, cons, and capers of 2008, as chosen by Wired. Particularly clever: the FBI’s reverse con of dozens of identity thieves. And who knew that phone phreaks still exist in the age of the internet?
- Rod Blagojevich’s attorney seeks to compel testimony from high officials in the incoming administration to resist impeachment, while Patrick Fitzgerald asks Illinois lawmakers to hold back to avoid jeopardizing his criminal case. Question: assuming Blagojevich is guilty, which is more important, that his impeachment proceed promptly, or that his criminal case proceed without political interference? Alternative question: Which is more important, good (or at least less corrupt) government in Illinois, or another notch on Fitzgerald’s belt? Final alternative question: if the Obama team was more involved than its own report suggests, why not let things drag out and get the whole story?
- A blog devoted to people who deserve a punch in the face (potentially offensive images, not-work-safe language). Special favorites: “B**** who talks on cellphone at Holocaust Museum” (yes, I have seen this), and “Passive aggressive emoticon user”;
- The heroism and defiance of the crew of the USS Pueblo, released from North Korean captivity a little over forty years ago today. If you click on a link anywhere in this post, make it this one (edit: bad link fixed);
- Contrary to suggestions from Esquire, Barack Obama is unlikely to end the war on some drugs;
- Is OSHA unconstitutional? Is seizing privately owned steel mills unconstitutional? Legal Theory calls this paper “very highly recommended” and I agree;
Should Jewish (and for that matter Muslim, Hindu, or Buddhist) military chaplains be required to wear a cross? The Navy says yes. I say that if we’re going to bail out Chrysler we can afford a few pins which depict commandment tablets or crescentsSee below for a more interesting discussion from Ron Coleman and others, on something I completely misread;
- The right to have children is fundamental, but we remove dogs from conditions that aren’t as overcrowded as those of the Duggar family of Arkansas;
- Extraordinary Popular Delusions and the Madness of Crowds: It’s not just the best book on economic bubbles and downturns ever written. It could be the title of this article on how a leading author on scientific skepticism was fleeced by Bernard Madoff. (Via Crime and Federalism);
- Speaking of delusions, more details on the methods through which attorney Marc Dreier allegedly stole millions emerge in this Bloomberg story.
Walter Olson will be back soon enough, but I’ll note that I have come to appreciate just how good a blogger he is, and how hard Walter works in keeping this site going over the past few days. Perhaps you might show him your appreciation? Vote early, and vote often.