http://www.pointoflaw.com/feature/ en-us 2007-03-16T16:40:52-05:00 http://www.pointoflaw.com/feature/archives/003161.php Significant, though not unexpected: major gains for Democrats nationwide. Update: more here, from John Hood of the John Locke Foundation.... Miscellaneous Walter Olson 2006-11-08T09:50:59-05:00 http://www.pointoflaw.com/feature/archives/003162.php Ohio: Even as Dems won just about every other statewide office, the two GOP candidates won Supreme Court seats in elections there, reducing trial-lawyer allies to a two-justice minority on a seven-justice court. Jonathan Adler comments. Michigan: Two GOP incumbents... Ted Frank 2006-11-08T09:52:12-05:00 http://www.pointoflaw.com/feature/archives/003163.php One bit of unambiguously bad news from the Republicans losing the House: the new House Judiciary Committee chairperson will be John Conyers, whose stated positions on reform come right out of the ATLA playbook. Conyers' webpage trumpets his unsuccessful opposition... Ted Frank 2006-11-08T12:48:28-05:00 http://www.pointoflaw.com/feature/archives/003165.php Not so much a liability reform issue, but Nevada provides a tale of voters recalling a judicial activist who was part of the outrageous Guinn v. Legislature ruling requiring the legislature to disregard constitutional requirements to raise taxes. Hans Bader... Ted Frank 2006-11-08T14:58:11-05:00 http://www.pointoflaw.com/feature/archives/003166.php From the Institute for Legal Reform:FOR IMMEDIATE RELEASE – November 8, 2006 Contact: Larry Akey 202/463-5824 or 202/580-9313 Voters Want Congress to End Lawsuit Abuse, Poll Shows Chamber: Overwhelming Bipartisan Support Makes Legal Reform a Key Issue Swing Voters "More... Ted Frank 2006-11-08T20:17:50-05:00 http://www.pointoflaw.com/feature/archives/003565.php The Supreme Court just overturned the $79.5 M Oregon punitives award against Philip Morris USA, in a 5-4 decision. Justice Breyer, for the court, ruled that assigning punitives based on damages suffered by non-plaintiffs was the equivalent of a "taking... Products Liability Michael Krauss 2007-02-19T10:48:04-05:00 http://www.pointoflaw.com/feature/archives/003633.php tkustas 2007-03-12T17:03:59-05:00 http://www.pointoflaw.com/feature/archives/003637.php I had a mixed reaction to the Court's recent Philip Morris decision. On the one hand, there is a crisis of excessive punitive damages. On the other, no one who agress with the late Justice White (dissenting in Moore v.... Miscellaneous David M. Wagner 2007-03-13T14:02:34-05:00 http://www.pointoflaw.com/feature/archives/003638.php Well, it is an honor and a pleasure for this lawprof to be featured along with his illustrious student. I suppose this should make me feel quite old, but it doesn't! My only complaint is that, after my earlier featured... Miscellaneous Michael Krauss 2007-03-13T14:44:23-05:00 http://www.pointoflaw.com/feature/archives/003643.php Browning-Ferris is a case that only recently came within my ken. One admirable aspect of it is that both the majority and the partial dissent relied on original intent, historically recovered. They reach different conclusions, of course, but no one... Miscellaneous David M. Wagner 2007-03-14T12:49:21-05:00 http://www.pointoflaw.com/feature/archives/003644.php Thanks for the thoughtful comments, David. Let me address the way I see the general boundary between private and public ordering in today's edition, then tomorrow perhaps I will indicate why the Philip Morris case was an excellent candidate to... Miscellaneous Michael Krauss 2007-03-14T15:09:37-05:00 http://www.pointoflaw.com/feature/archives/003652.php Back at GMUSL, Prof. Bill Bishop used to warn us that, despite his open-book rule, "those who attempt original research in the exam-room will be at a disadvantage." I think I'm under that disadvantage as I weigh Michael's arguments in... Miscellaneous David M. Wagner 2007-03-15T14:57:35-05:00 http://www.pointoflaw.com/feature/archives/003653.php Since Browning-Ferris had not made a timely Fourteenth Amendment claim (who knew that was the hook the Supremes would hang their hat on?), the Supreme Court expressly reserved ruling on the due process argument. In fact, Justices Brennan and Marshall... Miscellaneous Michael Krauss 2007-03-15T16:15:51-05:00 http://www.pointoflaw.com/feature/archives/003658.php Haslip: Lemmie Ruffin. The excessive fines issue: Lemmie See. The Due Process analysis by the majority in Haslip: Lemme Attem! But first, let me clarify a side-issue that keeps coming up: the out-of-state impact of punitive damages. I and all... Miscellaneous David M. Wagner 2007-03-16T15:02:22-05:00 http://www.pointoflaw.com/feature/archives/003659.php In this, my closing comment, I first pay tribute to David. I think he HAS identified a Due Process claim on originalist grounds (since, as he almost concedes, modern punitives are qualitatively different from the symbolic damages of yore; and... Miscellaneous Michael Krauss 2007-03-16T16:40:52-05:00