Posts Tagged ‘transit’

Liability roundup

  • Artificial intelligence dodges a legal dart: “An Algorithm for Predicting Recidivism Isn’t a Product for Products Liability Purposes” [Eugene Volokh, Jim Beck]
  • Powdered caffeine is hazardous stuff. Should Amazon be liable to the survivors of an Ohio 18-year-old who died after ingesting some bought online? [Associated Press/WKBN]
  • Overview and critique of public nuisance theories of mass tort, including vaping, opioids, climate change, and other environmental [American Tort Reform Association]
  • Knowledgeable review of NYC subway torts [Ross Sandler, CityLand (New York Law School]
  • “1 law firm gets lion’s share of $112M in NFL concussion fees” [Associated Press/WKMG]
  • Thanks Mark Pulliam for mentioning me in the course of reviewing a book that takes a rosier view of lawsuits than I do [Law and Liberty]

ADA and disabled rights roundup

  • If you think reopening a retail business with new distancing rules is a challenge, wait till you see the interplay with the ADA, as I explain in my new post at Cato;
  • Court dismisses class action against Wendy’s on behalf of disabled persons unable to use after-hours drive-up service as a walk-up [Davis v. Wendy’s International, a pre-pandemic case; earlier here, here, and here on ADA complaints regarding drive up windows]
  • “Why is subway accessibility so expensive? It’s not just about installing new elevators.” [Annie McDonough, City and State NY]
  • “After DOJ Letter on Website Compliance, The ADA Guessing Game Continues” [John D. McMickle, WLF] ADA filing mills hit condo and co-op boards [Frank Lovece, Habitat] Serial plaintiff files web access suit against Vermont bicycle maker [Bicycle Retailer]
  • Limousine service to pay $30,000 for refusing to hire deaf driver [EEOC press release]
  • Colorado homeowner’s association told to pay $50,000 after failing to allow woman to stay in the complex with her emotional support dog [Associated Press] “Do We Have to Allow Dogs in Our Workplace? Maybe. Maybe Not.” [Daniel Schwartz] Trucking company will pay $22,500 after asking driver to pay fee to bring service dog along in truck to help with his anxiety [EEOC press release]

Religion and the law roundup

June 5 roundup

  • Why New York City can’t build new infrastructure at reasonable cost (“Every factor you look at is flawed the way the MTA does business, from the first step to the end.”) [Josh Barro]
  • “‘He’s finally getting his due.’ Serial ADA filer faces charges as store owners rejoice” [Sam Stanton, Sacramento Bee on tax charges against Scott Johnson, whose doings are often chronicled in this space] Flashback: vintage Sacramento billiards parlor Jointed Cue closes after being named in one of Johnson’s 1,000+ accessibility suits [Kellen Browning, Sacramento Bee last year]
  • “Four-Year Court Battle Between Deaf Advocates and Harvard Over Closed Captioning of Videos Proceeds to Discovery With Some Limitations” [Kristina M. Launey & Minh N. Vu, Seyfarth Shaw; earlier on takedown of Berkeley online courses]
  • More on copyright battle between state of Georgia and Carl Malamud over whether he can publish online the laws of Georgia with annotations commissioned and approved by the state under agreement with private publishers [Adam Liptak, New York Times; earlier]
  • Reviewing the harms of rent control: a view from Seattle [Kevin Schofield, SCC Insight]
  • California Voting Rights Act (CVRA) “imposes liability on cities that elect their representatives through an at-large system and have racially polarized voting.” Generous attorneys’ fee provisions have encouraged assembly-line filing of complaints [Federalist Society forum with J. Michael Connolly; Mark Plummer, LAist; Carolyn Schuk, Silicon Valley Voice (Sunnyvale); Robert Haugh, Santa Clara News Online]

Labor roundup

  • Great moments in public employee unionism, cont’d: D.C. Metro track inspector charged after derailment with falsifying records wins reinstatement and back pay in arbitration [Max Smith, WTOP, earlier here (similar after fatal smoke incident) and here] Could be permanent? “Bus drivers’ union threatens strike over driverless buses” [Jason Aubry, WCMH (Columbus, Ohio)]
  • Letting guests skip housekeeping = grievance: “Union Threatens Strike over Marriott’s Green Initiative” [Darrell VanDeusen, Kollman & Saucier]
  • Stephen Bainbridge series on what’s wrong with Sen. Elizabeth Warren’s proposals [earlier, etc.] continues with a post on labor co-determination and employee involvement in corporate governance;
  • “Public Sector Unions Win Big at the California Supreme Court: California citizens must now meet and confer with union bosses before qualifying any compensation-related initiatives for the ballot.” [Steven Greenhut, Reason]
  • My Frederick News Post letter to the editor opposing Question D (mandatory binding arbitration and collective bargaining for career firefighters). More on mandatory binding arbitration in the public sector: Ivan Osorio et al on California, for Cato (see pp. 12 et seq.); Steve Eide, Public Sector Inc., 2013.
  • “Waikiki, Hawaii hotel workers decline to join union; the union demands they pay full dues anyway, starts process to garnish their wages. Does the union’s conduct amount to an unfair labor practice? NLRB: No, the union made an honest mistake. D.C. Circuit: That ‘makes no sense.’ The union never apologized or said it made a mistake. Its message to the workers was, ‘We can do this the easy way, or we can do this the hard way.'” [John Kenneth Ross, IJ “Short Circuit”]

“Sacramento Wants to Boost Rail Ridership By Banning Drive-Throughs and Gas Stations Near Transit”

It’s almost as if making life inconvenient for drivers is seen as a goal in itself: “City staff [in California’s capital city of Sacramento] are drafting an ordinance that would ban building new gas stations, drive-throughs, and other auto-related businesses within a quarter mile of any of the city’s 23 light rail stations. …Other businesses ‘not considered transit-supportive’ — car lots, auto repair businesses, manufacturing sites, wholesale outlets — would still be allowed, but only if the city grants them a special permit.” [Christian Britschgi, Reason]

Housing roundup

  • “The Rent is Too High and the Commute is Too Long: We Need Market Urbanism” [Andrew Criscione, Market Urbanism] Is excessive regulation making it costly to build starter homes? Ask the New York Times [Ira Stoll]
  • Good: Sen. Mike Lee and Rep. Paul Gosar have introduced a bill to eliminate outright the Obama administration’s meddlesome AFFH (Affirmatively Furthering Fair Housing) rule [Vanessa Brown Calder, earlier]
  • “Dollar home” programs show mostly sparse results in urban revitalization, especially when regulatory strings come attached [Jared Alves, Greater Greater Washington]
  • Too radical to pass? Bill 827 in California would impose upzoning on transit corridors [Ilya Somin] California wildfires will worsen Bay Area housing shortage, but where’d that shortage come from? [Enrico Moretti, NYT] “Why Does Land-Use Regulation (Still) Matter in Oregon?” [Calder, Cato]
  • New from NBER: “Rent Control Raises Housing Costs” [Charles Hughes, Economics21] Study “provides strong evidence of rent control’s damaging effects” [Calder]
  • “Blockchain technology can empower public and private efforts to register property rights on a single computer platform,” with particular benefits for poorer societies in which property rights remain ill-defined [Phil Gramm and Hernando de Soto, WSJ/AEI, Arnold Kling] “The U.S. property title system is a disgrace. It could be fixed with blockchain. But it also could be fixed without blockchain.” [Kling]

Schools and childhood roundup

May 10 roundup

  • Redistricting, transit farebox, Court of Appeals, decriminalizing barbers, and more in my latest Maryland policy roundup [Free State Notes] And I’m quoted on the highly unpersuasive “six-state compact” scheme, which amounts to an excuse for leaving gerrymandering in place [Danielle Gaines, Frederick News-Post]
  • After scandal over falsified safety records, fired track workers sue Washington’s Metro on claims of discrimination and hostile work environment [Martine Powers, Washington Post]
  • Chicago mulls ordering private shopkeepers to provide bathroom access to non-customers who say they’ve got an emergency need. Too bad its own CTA is no-go zone [Steve Chapman]
  • Says a lot about why Obama CPSC ignored pleas for CPSIA relief: “US Product Safety Regulator Sneers at ‘Fabricated Outrage’ Over Regulations” [C. Ryan Barber, National Law Journal on Elliot Kaye comments]
  • “Implied certification” theory, okayed by SCOTUS in Universal Health Services last year, enables False Claims Act suits hinging on controversial interpretations of regulation [Federalist Society podcast with Marcia Madsen and Brian D. Miller] “A Convincing Case for Judicial Stays of Discovery in False Claims Act Qui Tam Litigation” [Stephen A. Wood, WLF]
  • Judge signals reluctance to dismiss hospital’s suit against Kamala Harris over her actions as California AG on behalf of SEIU in merger case [Bianca Bruno, Courthouse News via Sean Higgins/Washington Examiner, earlier]

Great moments in privacy

After a Saturday evening incident in which 40 to 60 teenagers invaded an Oakland, Calif. rapid transit station, robbing and beating riders, a spokesman for BART (Bay Area Rapid Transit) says surveillance videos of the flash-mob robbery will not be made public because people committing crimes appear to be minors. [Demian Bulwa and Michael Cabanatuan, San Francisco Chronicle via Ann Althouse]