British Columbia lawyer Erik Magraken shares this photo.

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“A gipsy family accused of making life a misery is using legal aid to fund a human rights challenge in the European courts for being evicted – from a travellers’ camp.” [Telegraph]

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August 11 roundup

by Walter Olson on August 11, 2011

  • Seattle’s best? Class action lawyer suing Apple, e-publishers has represented Microsoft [Seattle Times, earlier]
  • “Disabled” NYC firefighter/martial arts enthusiast can go on getting checks for life [NYPost; compare]
  • After the FDA enforcement action on drug manufacturing lapses come the tagalong liability claims by uninjured plaintiffs [Beck]
  • “What If Lower Court Judges Weren’t Bound by Supreme Court Precedent?” [Orin Kerr]
  • Fark.com settles a patent suit for $0 (rough language);
  • Canadian law society to pay $100K for asking prospective lawyers about mental illness [ABA Journal]
  • Self-help eviction? “Chinese Developers Accused Of Putting Scorpions In Apartments To Force Out Residents” [Business Insider]

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You’ll probably never see them unless Congress chooses to repeal or amend the Passenger Vessel Services Act of 1886, which bars most cruise operators from coastwise routes. [Matt Welch]

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Prosecutors bring in adorable “therapy dogs” to assist witnesses in rape and abuse trials. Aside from the jury sympathy issue, and the possible sending of “this is a victim” signals, defense lawyers argue that the dogs’ presence makes testimony easier whether accusations are true or not: “They argue that as a therapy dog, Rosie responds to people under stress by comforting them, whether the stress comes from confronting a guilty defendant or lying under oath.” [N.Y. Times] More: Greenfield.

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Which is good advice for many other touchy sorts of plaintiffs too, not just for the Thomas M. Cooley Law School of Lansing, Michigan [Mike Masnick, TechDirt, earlier]

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August 10 roundup

by Walter Olson on August 10, 2011

  • Maine Supreme Court agrees that not having to show up in court might be reasonable accommodation for plaintiff claiming PTSD disability [Volokh]
  • Guess how much Richard Kreimer, the New Jersey homeless guy, has made in his many lawsuit settlements [Newark Star-Ledger, PoL]
  • Given the problems with business-method patents, you can see why banks would want to dodge them [Felix Salmon]
  • Contempt: “Calling the jailing of a person ‘civil’ doesn’t mean they put curtains on the cell windows.” [Greenfield]
  • “Class Counsel Request $90.8M In Fees In Black Farmers Case” [BLT]
  • Law school accreditation, recusal standards, international law among topics in new issue of Federalist Society’s ABA Watch;
  • Electricity-wise, EPA puts the squeeze on the juice [Andrew Grossman, Heritage; Weston Hicks, AgendaWise]

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Chain of foolishness

by Walter Olson on August 9, 2011

Coming up, if a controversy in Alexandria, Va. is any indication: historic preservation mandates for chain-link fences [Matt Welch, Reason].

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Illinois courts may finally be tiring of liberal applications of “civil conspiracy” doctrine under which “Asbestos companies bear a sort of collective guilt and thus plaintiffs can sue companies they never actually had any contact with. Jurors in Bloomington have ordered up more than $120 million in damages against companies including Honeywell and Owens-Illinois, even though those companies never sold products to the plaintiffs, or employed them in their factories.” [Daniel Fisher, Forbes]

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David Aronson, New York Times:

The “Loi Obama” or Obama Law — as the Dodd-Frank Wall Street reform act of 2010 has become known in the [central African] region — includes an obscure provision that requires public companies to indicate what measures they are taking to ensure that minerals in their supply chain don’t benefit warlords in conflict-ravaged Congo. The provision came about in no small part because of the work of high-profile advocacy groups like the Enough Project and Global Witness, which have been working for an end to what they call “conflict minerals.”

Unfortunately, the Dodd-Frank law has had unintended and devastating consequences, as I saw firsthand on a trip to eastern Congo this summer. …

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When it needs to be said with hands: a Rochester man has filed a complaint with the U.S. Justice Department alleging that Empire Haven Nudist Park of Moravia, N.Y., as well as a festival held there, denied his right under the Americans with Disabilities Act of 1990 (ADA) to a sign language interpreter. Tom Willard “offered to pay for his own interpreter if the nudist camp would discount or waive his park entry and workshop registration fees,” a better deal than in many ADA cases in which complainants demand that the business or service provider alone shoulder the full cost of an interpreter. [Syracuse Post-Standard]

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Well, no, actually, wrong, as I explain in a new Cato post taking issue with left-of-center commentator Garrett Epps.

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The prominent Los Angeles lawyer accepts a misdemeanor rap for laundering John Edwards contributions. [L.A. Times, earlier]

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Alcohol interlocks and our dystopian driving future [Rick Berman, Daily Caller; earlier here, here, etc.]

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While a player “was having a catch with fans in the stands,” one of the fans had an inaccurate throw and injured a bystander. Clearly time to crack down on — if not ban entirely? — such playful throwing sessions. [Philadelphia Inquirer]

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The St. Petersburg Times explores the ethical issues raised by the practice of a Florida lawyer who “flies his six-seat Piper Malibu around Florida championing the cause of the little guy. His target: the big, bad banks.” The plan: charging upfront fees of up to $5,000, plus a contingency, for the privilege of enrolling in “mass joinder” suits demanding foreclosure relief.

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Paul Alan Levy reports on the doings of one Florida lawyer who “touts his past presidency of the ‘First Amendment Lawyers Association’” but “is apparently not so keen on the free speech rights of others.” And, also via Levy, a court has vacated the troubling order discussed earlier adopting a weak standard for subpoenas identifying anonymous comments, in a case involving the Façonnable clothing concern.

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Knock three times at the cheese-easy: “A yearlong sting operation involving a multitude of state and federal agencies brought to justice Wednesday a dangerous ring of raw dairy enthusiasts in California.” [C.J. Ciamarella, Daily Caller; Reason.tv]

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