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Around the Web
April 17, 2009
Around the web, April 17
- Hearing discloses that Coughlin Stoia provides suit-sniffing "portfolio monitoring services" to potential big lead plaintiffs. "Shocking conflict of interest", as Judge Rakoff contends? Routine, standard practice for firms in securities class action biz? Both? [Kevin LaCroix, D&O Diary; David Bario, AmLaw Daily]
- California legislature nixes interlocutory appeal of class certification [Calif. Civil Justice]
- One trial lawyer's riposte to Philip Howard's health courts proposal [Kennerly]
- Leverage for complainants dept.: EPA will now require grant recipients to disclose pending civil rights lawsuits [Chris Horner, American Spectator]
- Officials in Spain signal displeasure at prospective prosecution of Bush lawyers [WSJ law blog, NRO "Corner"]
- Lawmakers in Oregon, Nevada move to raise some liability-suit limits [TortsProf and again]
Posted by Walter Olson at 12:11 AM
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April 5, 2009
Around the web, April 5
- Healthy banks urged to be patriotic and take part in TARP program -- and now not being allowed to escape the heavy regulatory hand by paying back the money? [Varney, WSJ; Bank Lawyer's Blog and more]
- Elizabeth Burch on conflict within aggregate litigation [TortsProf]
- "Veteran Employment Attorney Defends AIG Bonuses" [NLJ, Carolyn Plump]
- Which are the best Torts textbooks? The worst? Law teachers and students compare notes [Volokh]
- "California High Court Imposes Reality Check on Consumer Class Actions" [Washington Legal Foundation, PDF]
- Lower house of Michigan legislature votes to strip drugmakers of FDA immunity defense [Pero]
Posted by Walter Olson at 12:05 AM
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March 30, 2009
Around the web, March 30
- David Bernstein (Volokh, George Mason) on the unfinished Daubert revolution in expert evidence [Engage/SSRN]
- "The State-Of-The-Art Defense In Drug/Device Cases After Levine" [Beck & Herrmann]
- Prof. Geoffrey Miller discusses class actions in Australia and the U.S. [Melbourne Age] Australia: Busy Times for Class Action Litigation Funder [Securities Docket]
- Same case, same injuries, two NYC trials produce awards differing by a factor of 25. Why? [John Hochfelder]
- A bibliography on apology-immunity laws [Robinette, TortsProf]
- "Med Mal Reform Moves Forward in Hawaii" [Scheuerman, TortsProf]
Posted by Walter Olson at 10:13 AM
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March 29, 2009
Around the Web: March 29, 2008
- W.R. Grace, the Criminal Trial: Strange how little media attention this case has gotten. In Missoula, Mont., the federal criminal trial continues of W.R. Grace executives charged with covering up the asbestos-related health consequences of vermiculite mining in Libby. From the Missoulian, via the Seattle Times: "In an argumentative cross-examination, the lead defense counsel for W.R. Grace & Co. suggested Wednesday that a key government witness has a personal ax to grind in claiming corporate malfeasance by Grace." Imagine that, an argumentative cross-examination. The Missoulian has a special web section devoted to the Libby asbestos issue.
- The Howling, ESA Edition: Also from The Missoulian, "Litigation over wolves far from over": A revised rule will be published this week delisting the gray wolf as an endangered species in Montana and Wyoming. Staff attorney Jenny Harbine of EarthJustice says the group will sue. Again. "We've already shown that such a state-by-state approach to delisting is unlawful. And we will argue the recovery numbers the Fish and Wildlife Service established are inadequate for long-term sustainability."
- Unused Arbitration: From the Asheville (N.C.) Citizen-Times, "NC malpractice arbitration going unused": "Before it became state law in 2007, a new method of resolving lawsuits against doctors was hailed as a historic detente between physicians and trial lawyers...The two biggest malpractice insurers of North Carolina doctors say none of their clients have gone through the special kind of arbitration, which requires both sides' consent and caps damages at $1 million." David Sousa, general counsel of Medical Mutual Insurance Co., says "There are just no plaintiffs' lawyers who are going to concede at the outset that their case (isn't) worth more than what the cap is."
- More Doctors to Sue, Now the Military: The American Association for Justice hails a new bill that would allow active service members to use the civil courts to sue for medical malpractice. The news release's headline: "Carmelo Rodriguez Military Medical Accountability Act Will Restore Rights of Servicemembers Injured By Medical Negligence." The bill is H.R. 1478, introduced by Rep. Maurice Hinchey (D-NY) with no cosponsors. The Congressman issued a news release, "Hinchey Testifies Before House Judiciary Panel on His Bill to Reverse Military Medical Malpractice Injustice." We'd count this among the "trial lawyer" earmarks being considered by Congress.
- Nigeria Reaching into U.S. Courts: Also from the trial lawyers' association is the featured article from this month's "Trial" magazine, "Second Circuit lets Nigerian children's drug case proceed in U.S." At issue is an Alien Tort Claims Act suit against Pfizer for the 1996 trial of its anti-meningitis drug, Trovan. Pfizer issued a statement upon the court's ruling: "The Appeals Court's divided decision is only a procedural ruling that may return the cases to the District Court for further consideration; it is not a determination on their merits. Indeed, the strong dissent by one of the judges may be grounds for further appellate proceedings." In addition, patients given the drug had a higher survival rate than those who underwent other treatment.
Posted by Carter Wood at 10:52 AM
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March 24, 2009
Around the web, March 24
Posted by Walter Olson at 12:03 AM
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March 23, 2009
Around the web, March 23
- "The Duty to Avoid Wrongful Convictions: A Thought Experiment in the Regulation of Prosecutors" [Fred Zacharias/Bruce Green SSRN paper via Perlman, Legal Ethics Forum]
- Wage-and-hour class action on behalf of CBRE property management maintenance workers seeks overtime for time spent carrying Blackberry at employer's wish to stay in touch during off hours [Business Journal of Milwaukee]
- "International human rights law" an elastic and ever-expanding thing: now it's said to ban life-without-parole as too harsh a penalty for the worst killers [Volokh]
- Wyeth v. Levine just one more source of good news for big, prosperous and cohesive Philadelphia trial bar [Inquirer courtesy U.S. Chamber]
- Dominion Transmission class action: lawyers' fees cut to a mere $2,130/hour [WV Record]
- Florida Engle/Hess "mini-trials" against tobacco defendants probably unconstitutional, says Cardozo lawprof Anthony Sebok [FindLaw "Writ" via Childs]
Posted by Walter Olson at 12:54 AM
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March 17, 2009
Around the web, March 17
- "Advisen Releases 2008 Securities Litigation Study" [Kevin LaCroix, D&O Diary]
- Time to reduce California's abnormally high interest rate on judgments [CJAC, more]
- Litigation activity in China growing at rapid pace [AmLaw Daily]
- Script we've heard before: Attorney General Jim Hood partnering with private lawyers to sue Entergy [Northeast Mississippi Daily Journal]
- "Cal Supremes To Decide Impact of Proposition 64 In Class Action UCL Cases" [Cal Biz Lit]
- "Effects of Payday Lending Regulations": the experience in Oregon [Todd Zywicki @ Volokh on Jonathan Zinman study]
Posted by Walter Olson at 12:04 AM
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March 15, 2009
Around the web, March 15
- Well past time for print versions of law reviews to die a peaceful death, and this may help things along [David Post @ Volokh]
- Radiologists said to overrate their risk of being sued for failure to diagnose breast cancer [Science Daily]
- Lead-as-toxic-substance docket really jumping, reports James Cordrey in last month's Mealey's [Genova]
- Attorneys Seek $110 Million in Fees in UnitedHealth Group Options Backdating Settlement [Securities Docket]
- Texas enacted strong tort reform. Supply of emergency docs in rural counties improved. Naah, must be coincidence [White Coat]
- Suit alleging soaking of chicken in water to add weight had demanded "chicken by chicken account" of Kroger sales [Madison County Record courtesy Chamber/ILR]
Posted by Walter Olson at 12:04 AM
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March 12, 2009
Around the web, March 12
- Maryland trial lawyers once again pushing Annapolis bill to open up suits against former lead paint manufacturers [Marta Mossberg, D.C. Examiner]
- U. of Chicago emergency room under fire for sending dog-bit kid home. What's the ultimate lesson? [White Coat]
- Expert on economics of piracy has book out next month titled The Invisible Hook [Dubner, Freakonomics]
- "Everything from an alarming advertisement to a cockroach baked in a pie": what can't be called "public nuisance"? [Maureen Martin via Genova]
- Prejudgment interest bill in Springfield could be a sort of stimulus bill for Illinois trial lawyers [Travis Akin, I-LAW via Pero]
- James Zirin reviews Philip Howard's Life Without Lawyers [NY Law Journal]
Posted by Walter Olson at 12:40 AM
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March 5, 2009
Around the web, March 5
Posted by Walter Olson at 8:12 AM
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