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Around the web, March 11



  • Hans von Spakovsky, Heritage Foundation's The Foundry blog, "The Latest Worthless Medical Malpractice 'Reforms'," reporting on a proposed amendment by Rep. Henry Cuellar (D-TX) supposedly intended to make state grants for medical liability projects a little more legitimate. "The bottom line is that so far in this extended debate over healthcare, there is absolutely nothing substantive in the president's proposals or the House or Senate bills that would implement any real medical malpractice reforms."
  • South Coast Today (Mass.), "Massachusetts SJC rules 2nd Amendment does not apply to states": "The right to bear arms as defined in the Second Amendment does not apply to the states, so Massachusetts can regulate who can have firearms and how those weapons are to be stored, the state's high court ruled Wednesday." Opinion in Commonwealth v. Runyon.
  • Washington Post, "Setting a Higher Bar at the White House": "President Obama's new social secretary, Julianna Smoot, sets a new bar in bringing powerful connections to the job. Smoot, 42, served as national finance director for Obama's $750 million presidential campaign...Early in her career, Smoot also worked at the American Association of Trial Lawyers (now the American Association for Justice), which ranks as one of the most powerful lobbying groups in Washington." The usual self-styled watchdog groups are upset, but the more interesting question is how was she was ever considered qualified to be chief of staff to U.S. Trade Representative Ron Kirk, her previous administration job.
  • Trial, the monthly magazine of the American Association for Justice, the one article from the March issue, "Pleadings and Discovery," made available online, "In the wake of Iqbal": "Last year, the Supreme Court stirred up the federal pleading waters, declaring that notice pleading is no longer enough. Here's how you can prepare your case to meet the challenging new standard."
  • Washington Examiner, David Freddoso, "America's Lindsay Lohan problem": "This week, Lindsay Lohan filed suit against E-Trade for $100 million because the company's 'talking baby' Super Bowl ad included an infant character named 'Lindsay' (or Lindsey) who is described as a 'Milk-a-holic.'" Really? I heard it as "Linseed" and thought the oil seed industry might have a claim. North Dakota flax growers are outraged.
  • NJBiz,, "Tort reform hopes dashed as Christie focuses on budget": "A Trenton-based tort reform organization hopes unfounded money-hunting lawsuits may be sidelined now that Chris Christie is in the Statehouse, but they admit a budget crisis has for now pushed the issue to the back burner." Unfortunately, that's all you get to read free, but the group cited is the New Jersey Lawsuit Reform Alliance.
  • New Jersey Lawsuit Reform Alliance, homepage news release, "Ninety-three percent of the lawsuits filed against our pharmaceutical companies were from out-of-state litigants, whose cases would never see the light of day in their home jurisdictions," added Marcus Rayner, Executive Director of the New Jersey Lawsuit Reform Alliance (NJLRA). "Instead of being the nation's 'medicine cabinet,' the trial bar is turning New Jersey into the nation's lottery ticket instead."

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Rafael Mangual
Project Manager,
Legal Policy
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.