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

COVID-19 pandemic roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Crow for them, Pai for us: American Internet policies outpace Europe’s in the crisis is a post from Overlawyered - Chronicling the high cost of our legal system

January 29 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

“Companies have different interpretations, and depending on which lawyer they are using, they’re going to get different advice,” said Kabir Barday, the chief executive of OneTrust, a privacy management software service that has worked with more than 4,000 companies to prepare for the law. “I’ll call it a religious war.”

The new law has national implications because many companies, like Microsoft, say they will apply their changes to all users in the United States rather than give Californians special treatment.

“What Does California’s New Data Privacy Law Mean? Nobody Agrees” is a post from Overlawyered - Chronicling the high cost of our legal system

In an eight-month investigation, the South Florida Sun Sentinel found that a sweeping push for “inclusion” enables unstable children to attend regular classes even though school districts severely lack the support staff to manage them. … Even threatening to shoot classmates is not a lawful reason to expel the child….

“It’s just a no-win scenario right now,” said attorney Julie Weatherly, of Mobile, Alabama, who advises school districts on the legal complexities of removing aggressive students when they have a disability. “Nobody wants a Parkland, of course. It’s this huge nightmare.”

Aside from IDEA, the federal disabled-rights-in-school laws, and its sometimes even more stringent state counterparts, federal education privacy laws are involved as well. A Broward County teacher chose to break the rules after an elementary student “obsessed” over a girl, tormented her if she withheld attention, and on being removed from the classroom one day cried and screamed her name while throwing himself against a door:

The girl’s mother had no idea her daughter was being terrorized. Because of the student’s federally protected privacy rights, Budrewicz’s bosses cautioned her not to tell the mother — a warning she ultimately defied. The mom cried and thanked her and removed her daughter from the class the next day, she said.

[Brittany Wallman and Megan O’Matz, South Florida Sun-Sentinel; earlier here and here]

Destructive rights of student inclusion is a post from Overlawyered - Chronicling the high cost of our legal system

A convicted murderer in Germany has the right to get all mention of his crime deleted from internet search results under the EU’s “right to be forgotten” provision, Germany’s highest court has ruled.

Let’s hope the United States never decides to follow Europe’s path by restricting speech rights in the name of personal data erasure. [Bill Bostock, Business Insider]

German court: search engines must deindex reports of 1981 double murder is a post from Overlawyered - Chronicling the high cost of our legal system

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

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

“Wuest’s litigation history is more than unusual,” Alsup wrote. “This order finds that it shows a pattern of using the threat of class action to extract an undeserved premium on an individual claim. This pattern is further evidenced by the fact that in several of the bases, both Wuest and his counsel received settlement amounts disproportionate to maximum recovery allowed under the statute.

“The pattern is quite clear. The premium was something rightfully due to the ‘class’ but no absent putative class member ever got anything. Wuest and his counsel got it all.”

“Wuest’s litigation history is more than unusual” is a post from Overlawyered - Chronicling the high cost of our legal system