California’s Proposition 79

by Walter Olson on October 26, 2005

As CoyoteBlog (Oct. 18) notes, this ballot initiative on drug prices contains a sneaky, little-discussed provision that will empower trial lawyers to file bounty-hunting suits against pharmaceutical companies if the companies charge prices “that lead to any unjust and unreasonable profit”, with a minimum $100,000 plus fees guaranteed to plaintiffs if a jury agrees that they have proved this (very hazily defined) offense. California has already earned the title of “Shakedown State” because of its bounty-hunting provisions on chemicals, disabled rights, consumer, education and labor law. And the San Diego Union-Tribune editorially criticizes Consumers Union for backing the benighted measure.

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1 Coyote Blog 10.26.05 at 11:33 am

More on California Bounty Hunting

Walter Olson has a post on California Prop 79, whichcontains a sneaky, little-discussed provision that will empower trial lawyers to file bounty-hunting suits against pharmaceutical companies if the companies charge prices that lead to any unjust and u…

2 Overlawyered 11.01.05 at 10:40 pm

Next week’s balloting

Looking forward to next Tuesday’s election: * The American Justice Partnership is blasting Virginia Democratic gubernatorial candidate Tim Kaine, noting that while a practicing trial lawyer he was sanctioned by a court for filing a…

3 PointOfLaw Forum 11.07.05 at 11:30 pm

California Prop 79

On National Review Online, Paul Howard of the Manhattan Institute warns against it:The proposition [among other provisions] also makes “profiteering” by companies illegal. Profiteering is defined as “an unconscionable price” or an “unreasonable profit,…

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