http://www.pointoflaw.com/ The Manhattan Institute's weblog of news and commentary on law, litigation and legal reform. en-us 2008-05-09T08:23:20-05:00 http://www.pointoflaw.com/archives/2008/05/mtbe-settlement-despite-lack-o.php The San Francisco Chronicle reports that all major oil companies except Exxon have agreed to pay $422 million to settle a lawsuit over the gasoline additive MTBE. Methyl tertiary butyl ether was added to gasoline in the 1990s to make... Products Liability Michael Krauss 2008-05-09T08:23:20-05:00 http://www.pointoflaw.com/archives/2008/05/drafting-doctors-for-er-duty.php The spokesman for Florida's plaintiff's bar, president Frank Petosa of the Florida Justice Association, is keen on avoiding you-know-what as a remedy for shortages of emergency room doctors, and doesn't mind suggesting coercive steps instead (via RiskProf): Policymakers should instead... Medicine and Law Walter Olson 2008-05-09T00:06:44-05:00 http://www.pointoflaw.com/archives/2008/05/litigation-slush-funds-contd-8.php Charleston Gazette: "West Virginia University's College of Law received the biggest gift in its history on Friday, $8 million of unclaimed money from a settlement of a nationwide class-action lawsuit against H&R Block Inc." It was all very cozy and... Class Actions Walter Olson 2008-05-09T00:02:46-05:00 http://www.pointoflaw.com/archives/2008/05/jim-copland-at-overlawyered.php He's guestblogging over there about his new asbestos report.... Asbestos Walter Olson 2008-05-08T14:59:08-05:00 http://www.pointoflaw.com/archives/2008/05/mortgage-bill-35-million-earma.php It's for "legal counseling" for borrowers... hmmm. Republicans "raised objections" to the committee-added provision, "which they called a slush fund for trial lawyers to sue lenders." (via Chamber Post).... Politics Walter Olson 2008-05-08T10:42:58-05:00 http://www.pointoflaw.com/archives/2008/05/colorados-other-revengeinitiat.php As Carter reported yesterday, trial lawyers in Colorado have apparently reached a truce with some of their critics: a former state treasurer won't try to qualify a ballot measure limiting contingency fees, and CTLA won't try to qualify nine (9!)... Corporate Governance Walter Olson 2008-05-08T10:28:31-05:00 http://www.pointoflaw.com/archives/2008/05/tort-reform-efforts-continue-i.php Only to run into another veto threat by Gov. Brad Henry, who supports tort reform as long as it remains in the abstract. From The Journal Record: "OKLAHOMA CITY - Barely before the ink was dry on a significant tort... Products Liability Carter Wood 2008-05-08T09:46:13-05:00 http://www.pointoflaw.com/archives/2008/05/trial-lawyers-inc-responds-def.php The American Association for Justice has issued a news release respondi....well, not responding to the new Manhattan Institute report, "Trial Lawyers, Inc.: Asbestos." More like calling names and changing the subject. The scene setter: "Manhattan Institute's latest attack on the... Asbestos Carter Wood 2008-05-08T09:38:07-05:00 http://www.pointoflaw.com/archives/2008/05/enjoining-food-and-beverage-fo.php Regulation by litigation marches on: Joseph Silvia of WLF writes about how the misnamed Center for Science in the Public Interest is using Massachusetts' one-sided consumer law, among other legal tools, to strong-arm food and beverage companies into changing their... Regulation Through Litigation Walter Olson 2008-05-08T00:07:43-05:00 http://www.pointoflaw.com/archives/2008/05/trial-lawyers-inc-asbestos.php The Manhattan Institute's Trial Lawyers Inc. project came out yesterday with its latest, and one of its strongest, reports on the business of mass litigation: Trial Lawyers Inc. -- Asbestos, by my colleague Jim Copland. I've been writing about asbestos... Asbestos Walter Olson 2008-05-07T13:59:05-05:00 http://www.pointoflaw.com/archives/2008/05/new-york-lottery-sued.php According to the would-be class action on behalf of Take Five ticket buyers, those supposed chances of "winning" are inflated by counting a free play as a win. "The lawsuit says merchants who sell the tickets should be held liable... NY & Region Walter Olson 2008-05-07T10:05:29-05:00 http://www.pointoflaw.com/archives/2008/05/smokestacks-and-autism.php Orac at Respectful Insolence looks into a study that made for recent alarmist headlines, and finds that it doesn't check out very well.... Miscellaneous Walter Olson 2008-05-07T08:59:51-05:00 http://www.pointoflaw.com/archives/2008/05/backing-down-on-the-colorado-w.php Political reality prevails in Colorado -- for the moment -- as the Colorado Trial Lawyers Association agrees to pull back nine proposed initiated measures, while a sponsor of a measure limiting contingency fees also drops his ballot plans. "John Sadwith,... Attorneys' Fees and Ethics Carter Wood 2008-05-07T08:01:30-05:00 http://www.pointoflaw.com/archives/2008/05/when-contingency-arrangements.php Protecting unsophisticated clients dept.: The Massachusetts high court has asked an advisory panel to consider requiring lawyers to obtain a client's written consent "when a contingent fee agreement contains terms that 'materially departs' from the state's model agreement. The court... Attorneys' Fees and Ethics Walter Olson 2008-05-07T00:11:38-05:00 http://www.pointoflaw.com/archives/2008/05/genetic-information-nondiscrim-1.php Eric Posner finds the consensus in favor of this bad new law "puzzling". Earlier here.... Employment Law Walter Olson 2008-05-07T00:03:50-05:00