January 28, 2010

"Lawyers behind lame Digitek claims face punishment"

"U.S. District Judge Joseph Goodwin plans to punish lawyers who filed worthless claims against Mylan Pharmaceuticals and Actavis Totowa." Defense lawyers spent more than $100,000 establishing that some plaintiffs who claimed injury from the heart medication had other causes of death listed on their death certificate, and at least one lawyer admitted that his client had never used the drug. [Korris, WV Record]

January 20, 2010

Posner and Madison County

Jim Beck recounts what happened when the inimitable jurist was presented with the case of Carr v. Tillery, arising from rivalries between class action lawyers in a truly inimitable jurisdiction.

January 13, 2010

Around the web, January 13

• Feres, military contractors and battlefield liability: why not contractual waivers? [Stier, Mass Tort Lit]
• "Blockbuster Punitive Damage Awards: California Leads The Way!" [Nye, Cal Biz Lit on Del Rossi/Viscusi SSRN paper, "The Changing Landscape of Blockbuster Punitive Damages Awards"; more on California damage awards from CJAC]
• Off-label drug promotion: "High court urged to hear False Claims Act case" [LNL]
• When contingent fee clients want to switch lawyers, don't play games with their files [Kennerly]
• More on PCAOB separation of powers case [Hans Bader, Examiner, via Bainbridge]
• Sorry, but implanted medical devices are neither immortal nor indestructible [Beck]

January 7, 2010

Around the web, January 7

• Bernstein Liebhard "hit with anonymous allegations" in Florida beauty contest for securities class action firms [American Lawyer, more; see also Steele, LEF]
• "Georgia Legislators Ready to Revise Tort Reform Provisions if Held Unconstitutional" [TortsProf]
• U.S. Chamber: threat or menace? [moderately hysterical comments section at Talking Points Memo]
• New Hampshire opens new specialized business court [Concord Monitor]
• Michigan Senate declines to pass a bad bill on insurance rates [Minton, CEI]
• "China Passes Tort Liability Law" [Robinette, TortsProf]

December 28, 2009

Around the web, December 28

• Everyone unanimous around here: NYT editorially urges Congress to overturn Iqbal, then runs letters to the editor from lawyers agreeing with its stand;
• Yet more "Top Ten of 2009" lists, including employment law and cyberlaw [Ambrogi, Legal Blog Watch] "The Year in Great Big California Verdicts" [Cal Biz Lit] Best (for defense) pharmaceutical cases [Beck]
• Legal Ethics Forum is generating a list of "Top Legal Ethics Stories of the Decade" and you can help;
• Video of MI's Jim Copland debating ATLA/AAJ's Ken Suggs on liability reform [Bing; requires Microsoft plugin]
• "Tort reform is the key to a healthier New Jersey" [Marcus Rayner, NLJRA, Trenton Times]
• "California Vioxx class action slides into the sea" [economic damages; Beck]

December 21, 2009

How class action firms acquire pension-fund clients

Sponsoring conferences is one way, but according to this first-person account by Edward Siedle in Forbes, there's a more sure-fire way, throwing referral fees at lawyers who represent the pension funds in other matters:

By agents, they meant local lawyers who represent pensions in other matters and are supposedly motivated solely by the best interests of their clients.

Many, however, are also eager to supplement their legal practices with hefty class action referral fees and other compensation. In my opinion, if local fund counsel is promised contingent fees for reeling in class action business, its advice risks becoming conflicted. That financial conflict should, at minimum, be disclosed.

I asked the Milberg Weiss partners whether public pensions were told of payments made to local fund counsels. A laugh went through the room "We won't answer that question until you join the firm," I was told.

He turned down the chance at a lucrative job with Milberg, which now says the partners named in the account have departed the firm and that it "know[s] nothing about the specific actions described by Mr. Siedle."

December 20, 2009

Top Ten legal ethics stories of 2009

John Steele at Legal Ethics Forum nominates, among others, Caperton, Civil Gideon, prosecutorial misconduct, and lawyers' misadventures in social media.

December 17, 2009

Class action firm sanctioned over solicitation of tire workers for overtime suit

Andrew Trask at Class Action Countermeasures (McGuire Woods) has details on Hamm v. TBC Corp.

December 4, 2009

Reining in Florida AG contracting

State Sen. John Thrasher, a frequent trial lawyer target, is proposing a bill that would cap fees of state outside counsel at a mere $50 million. Who's going to lift a finger for a mere $50 million? [Jacksonville.com]

December 2, 2009

Around the web, December 2

• It's Iqbal day at Beck & Herrmann's as they begin a debate at PENNumbra [first, second posts] "Terror by Trial Lawyer" [WSJ-er William McGurn's take on Iqbal]
• "Mosquito Bite Case Becomes Legal Pest for Railroads" [OnPoint News]
• More on new Beisner et al study on third-party litigation financing [New Jersey Lawsuit Reform Watch]
• Dispute resolution is headed out of court these days [Doug Smith, Arkansas Times]
• "Franken's Craven 'Anti-Rape' Amendment" [Michael M. Rosen, NRO] More: Politico (Republicans furious)
• Participating in a class action? Some cautions [Kozy, Nolan Chart] "A rip-off far worse than Madoff's" [Lawrence Schonbrun, L.A. Daily News, on securities class actions]