From the monthly archives:

February 2009

The warning on a bottle from Asda, a large U.K. grocery chain, is “indicative of a policy by supermarkets and food manufacturers to liberally stamp warnings on products to avoid legal complications.” [Daily Mail]

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“An insurance company with a potential $25 million liability from a fatal 2007 Houston office fire announced [Jan. 21] that it will drop its legal argument” that it shouldn’t have to pay for smoke inhalation deaths because they supposedly resulted from “pollution”, a risk excluded under the policy, as opposed to the actual flames. [Houston Chronicle; earlier].

I was a guest this week on the 93rd podcast in Jennifer Ackerman-Haywood’s CraftSanity series, talking about the Consumer Product Improvement Safety Act. As readers know, the CPSC issued a one-year stay of enforcement of some of the law’s provisions on Friday; the interview was recorded two days before that, on Wednesday, so inevitably some of the issues we discuss are of less immediate urgency now (though kicking them down the road is not the same thing as solving them).

Also recorded on Wednesday, I did a (shorter) prerecorded interview on CPSIA as a guest on the National Association of Manufacturers’ weekly audio show “America’s Business”, hosted by Mike Hambrick. Same caveats apply.

February 1 roundup

by Walter Olson on February 1, 2009

  • A “retired Reserve captain is threatening to sue her local California school board if the board’s members do not address her by her military title” [Navy Times, Popehat]
  • Members revolt at Florida bar’s selling their email addresses to marketers; general counsel of bar suggests they maintain multiple email addresses [Daily Business Review]
  • “Panel Upholds $17M Attorney Fee Award, Cites Bad-Faith Patent Litigation by Drug Companies” [NLJ; fees awarded to Takeda Chemical Industries against Mylan Laboratories and Alphapharm Pty. Ltd.]
  • Much of what you think you know about the Lilly Ledbetter Fair Pay Act is wrong [Stuart Taylor, Jr./National Journal; Point of Law, more]
  • Not only prejudicial, but a whiskery urban legend to boot: fictional “Winnebago tale” (man thinks cruise control function will drive RV for him, sues after crash) makes its way into an Australian lawyer’s courtroom argument [Rees v. Bailey Aluminium Products]
  • Posner was scathing about the class action lawyers’ conflicts of interest in the Mirfasihi v. Fleet Mortgage Co. case, but Max Kennerly thinks the judge got the case wrong [Litigation and Trial, earlier]
  • Fight erupts over fee split in Blue Cross eating-disorder class action settlement [NJLJ, earlier]
  • “Many attorneys from both parties also marvel at the sheer number of lawyers Obama has picked so far” in staffing White House [Washington Post]