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Around the web, November 9

  • Small favors dept.: managers of House health bill agree to amendment reducing incentive for states to repeal existing fee/award limits, but states without such limits would still be accorded new incentives not to adopt them [Fort Worth Star-Telegram, Pero] See also: David Frum.
  • "Notes from the 13th Annual National Institute on Class Actions, S.F." [Shannon Wheatman, ClassActionBlawg] Scratched discs: "Federal Court Refuses to Certify 50-State Consumer Fraud Action Against Microsoft over Xbox 360" [Russell Jackson]
  • "New Environment for Climate Change Litigation?" [Kevin LaCroix on prospect of failure-to-disclose suits]
  • "Hersch, O'Connell, & Viscusi Reply to Black, Hyman, & Silver on Early Offers Med Mal Savings" [SSRN via TortsProf]
  • Back story behind the Maryland Court of Appeals ruling on medical malpractice expert witnesses [Miller]
  • Marketing-based claims not pre-empted: "D.C. Court of Appeals Resurrects Cell Phone Radiation Cases" [Weissmann, NLJ]



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.