I joined Thomas Stebbins and host Liz Patterson on Wednesday to discuss municipal liability on New York Time Warner Cable’s Capital Tonight, with the conversation reaching such perennial Overlawyered topics as trees and playgrounds. I was in Albany to keynote (and sign books at) the annual meeting of the Lawsuit Reform Alliance of New York, which Stebbins directs; my talk mentioned the recent Saratoga County case in which an adult woman sued her brother after a trampoline injury, Ralph Nader’s Museum of American Tort Law, and many other topics.

The $720 million that New York City paid out in judgments and claims in fiscal 2016 amounts to more than the payouts of the next 19 biggest cities combined, writes Thomas Stebbins in a piece for the Progressive Policy Institute based on a new Governing magazine article by Mike Maciag on the burdens of municipal liability. (Four of the nation’s 24 biggest cities did not respond to the Governing survey and are not included in the calculation.) Trial lawyers’ political clout in New York — which has preserved such throwbacks as the notorious “scaffold law” in construction — is a prime reason, and it doesn’t help that the state’s highest court has begun regularly handing down verdicts driving the law in a pro-plaintiff direction. While serious police brutality suits are only too common in the city, flimsy ones are too:

In past years, New York often agreed to pay out small settlements just to make cases go away. Elizabeth Daitz, who heads the police department’s legal unit, says it got to the point to where protesters would taunt police officers at rallies, telling them about settlements they’d received and threatening to sue again. One settlement in early 2015 drew particular ire from officials. A man wielding a machete had threatened police officers and was shot in the leg during an altercation; the man then accused the police of wrongdoing. The city agreed to a $5,000 settlement, even though the man had plead guilty to menacing an officer. Mayor Bill de Blasio vowed to make changes. “Unfortunately, the reality is, if we stand and fight, we will be spending a lot of time in court, using up a lot of lawyers, and it will cost a lot of money,” he told reporters after the settlement was announced. “But it’s worth it to end the madness of these frivolous lawsuits, which are not fair to the city, and not fair to the officers involved.”

One favorable trend for New York City: payouts by its Health and Hospitals Corporation declined somewhat after the city put the entity in charge of its own legal cases.

In Albany talking New York’s lawsuit mess is a post from Overlawyered - Chronicling the high cost of our legal system

You lose, Illinois taxpayers is a post from Overlawyered - Chronicling the high cost of our legal system

Hand extended: pro bono as profit center is a post from Overlawyered - Chronicling the high cost of our legal system

Pa. jury: inadequate curve signage partly at fault is a post from Overlawyered - Chronicling the high cost of our legal system

$215,000 payout to man removed from L.A. chambers in Klan regalia is a post from Overlawyered - Chronicling the high cost of our legal system

The next step should be to establish for the public record how the provision in question got slipped into the farm bill, and at whose behest. Congress’s refusal to be forthcoming on this topic speaks volumes about its lack of a felt sense of responsibility toward the people it represents.

And a theme I’ve been repeating for almost as long as I’ve been writing about law: statutes of limitations developed in civilized legal systems for a reason. They protect us not only from cost, uncertainty, and the misery of legal process, but from injustice of a hundred other kinds, and they protect society itself from spiraling into a legal war of all against all. Stop trying to abolish them!

More: Ed Morrissey, Megan McArdle. And here’s a Cato podcast just out on the subject in which Caleb Brown interviews me on the topic:

Victory! Social Security suspends stale-debt collection program is a post from Overlawyered - Chronicling the high cost of our legal system

Taxpayer trips over IRS phone cord, cont’d is a post from Overlawyered - Chronicling the high cost of our legal system

“Taxpayer Scores $862,000 from IRS after Tripping over a Phone Cord” is a post from Overlawyered - Chronicling the high cost of our legal system

Des Moines taxpayer suit: the fee sequel is a post from Overlawyered - Chronicling the high cost of our legal system

“Why hasn’t Filner resigned?…” is a post from Overlawyered - Chronicling the high cost of our legal system