February 07, 2008

Around the web, February 7

• This Saturday Duke Law hosts a conference, "The New European Choice-of-Law Revolution"; field "in crisis in the U.S." but "thriving in Europe" [info; note paper by PoL contributor Larry Ribstein]
• Medical coincidence? Thirty-three Brent Coon clients who worked at or near a Chicagoland locomotive factory filed simultaneous asbestosis and silicosis claims [MC Record]
• Suggested Mississippi bumper sticker: "Real Lawyers Don't Bribe Judges" [Rossmiller]
• Marie Gryphon's post on the question of why contingency fees are so uniform draws much attention [Beck & Herrmann, Robinette @ TortsProf, Steir @ Mass Tort Lit, Blawgletter]
• Wisconsin high court joins trend toward rejecting "attractive advertising" suits blaming marketing for underage drinking [Rebecca Schwartz, Shook Hardy & Bacon, for WLF -- PDF]
• West Virginia courts defended in a study by two professors from that state [State Journal]

February 04, 2008

Around the web, February 4

• Lots of amicus activity in Rhode Island lead paint appeal [ProJo, Genova]
• Trial lawyers "in complete control" of Kentucky lower house, laments president of state senate [Lexington Herald-Leader]
• Usually it's corporate defendants tripped up by charges of failing to produce discovery docs, but look what happened to Milberg Weiss [NLJ]
• Speaking of which, official Mel Weiss bio still lists him as vice chair of lefty Drum Major Institute, though DMI seems to have dropped him into memory hole [ShopFloor; more on Milberg-DMI connection]
• Duck for cover, New York AG Cuomo talks of using brass-knuckled Martin Act against Wall Street [DealBreaker]
• Some lawyers believe women on juries judge women more harshly. True? [Reed]

Parade of new blogs

Attorneys at the well-known West Coast appellate boutique Horvitz & Levy LLP have launched California Punitive Damages, a weblog which despite its name tracks punitive-damage developments far beyond the borders of California. Its slogan is "An Exemplary Blog". The University of Pittsburgh and University of Washington law schools collaborate on "Legal Scholarship Blog -- Law-Related Calls for Papers, Conferences, and Workshops". And Kenneth Silber, known for his writing on economics, science and public policy generally, now has a blog by the name of QuickSilber.

January 30, 2008

Around the web, January 30

• "Could Scruggs lose his tobacco settlement fees?" Probably not unless scope of scandal broadens [White Collar Crime Prof Blog]
• When John Edwards denounced "special interests", it's a wonder his tongue didn't cleave to the roof of his mouth [ATRA]
• More thoughts on the OHSU cutbacks following Oregon high court's wastebasketing of liability limits [Victoria Taft via Schuelke; earlier]
• Not a shockeroo: recently ousted Louisiana AG Charles Foti joins plaintiff's class action firm [Kahn Gauthier Swick press release]
• Lopez-Torres decision (NY judge-picking) marks welcome SCOTUS retreat from second-guessing of election methods [Hamilton/Findlaw via Turkewitz; earlier]
• Tasteful and appropriate: Sen. Chris Dodd, in FISA/immunity debate, likens telecoms to Nazi underlings invoking Nuremberg defense [YouTube]

January 29, 2008

Around the web, January 29

• California court hears appeal by Santa Clara County of Judge Komar's landmark ruling restricting contingency-fee outside representation in public nuisance suits [UCL Practitioner; earlier]
• "Subprime feeding frenzy" seen for big law firms [ABA Journal]; Ohio AG Marc Dann files shareholder suit against federally sponsored Freddie Mac [same]
• First of its kind? Pioneering U.K. class action wins damages for consumers in "football shirt rip-off" case [Times Online]
• Construction-defect suits still rage in California [L.A. Times]
• Journalist Quin Hillyer, often heard from on litigation-reform issues, joins Washington Examiner [a commentary]
• Since 1998 class actions led by Illinois's Stephen Tillery have taken in at least $1.8 billion [MCRecord]

January 28, 2008

Around the web, January 28

• Don't fall for NYT scare on mercury in tuna sushi, especially when it comes from perennially alarmist reporter Marian Burros [Shafer, Slate]
• More discussion of California bubble-buyer's suit against real estate agent [Cowen, MargRev; earlier and at OL]
• "Earwigging" has an evocativeness to it that "improper ex parte contact with a judge" just doesn't [Folo comments on branch of Scruggs scandals]
• Connecticut didn't spend its tobacco-suit loot on anti-smoking efforts, and maybe that's a good thing [Powell, Journal-Inquirer]
• Supreme Court set to revisit knotty issue of state unitary taxation of multistate business [What About Clients?]
• No, Justice Scalia isn't the devil incarnate, in the eyes of this criminal defense lawyer [Greenfield]

January 22, 2008

Around the web, January 22

• TV's "Law and Order" portrays a lawsuit over dry cleaner's lost pants, but -- don't worry! -- there's plenty of anti-business sentiment [Carter Wood/NAM "Shop Floor"]
• Milberg Weiss, despite guilty pleas from four of its principals, keeps waltzing away with huge fee awards. Anything wrong with that picture? [Examiner editorial]
• Economic experts and Daubert challenges [Neckers/Wikander, FDCC Quarterly PDF, via Day on Torts]
• Series last summer in Hampton Roads paper probes municipal liability, plenty of good info despite predictable slant against sovereign immunity [Virginian-Pilot via Obbie, who has links to other installments]
• Transcending her background? Washington Supreme Court gets (another) former trial lawyer member with latest appointment by Gov. Gregoire [The Olympian]
• Wasting money is the least of the sins of tax-funded legal services programs, argues Hans Bader [CEI Open Market]

January 21, 2008

Around the web, January 21

• No damages payout, just governance reforms in Schering-Plough shareholder suit, but lawyers to get $9.5 million anyway [NJLJ/Ted at Overlawyered]
• Getting the Supreme Court's message? Punitive damages not running away so much lately [Fisk/Bloomberg]
• Framing of trials as underdog vs. big dog often crucial [Reed]
• Some credit affidavit of merit, same-expert-specialty rule with stabilizing Arizona's med-mal climate [Denogean/Tucson Citizen]
• Individual issues predominate: a judge decertifies a big Lakin Law Firm class action against Ford over flaking paint [MC Record]
• Sordid tales involving superstars-of-suing Lerach and Scruggs "are legal-sector equivalent of Buffett heading to jail and Bill Gates being indicted on felony charges." [Richmond Times-Dispatch editorial/ TradingMarkets.com] For regular updates on the Scruggs affair, check the Overlawyered scandals page.

January 17, 2008

"Flea" (Dr. Robert Lindeman) interviewed

In a widely noted fiasco last May, the Boston-area pediatrician anonymously blogged his own malpractice trial and then was confronted by plaintiff's counsel about it. He's now given an interview about the experience to Eric Turkewitz (New York Personal Injury Attorney Blog). More: Althouse.